[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6448-6451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2534]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA178


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Space Vehicle and Test Flight Activities From Vandenberg 
Air Force Base, CA

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of issuance of a letter of authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and

[[Page 6449]]

implementing regulations, notification is hereby given that a letter of 
authorization (LOA) has been issued to the 30th Space Wing, U.S. Air 
Force (USAF), to take four species of seals and sea lions incidental to 
rocket and missile launches on Vandenberg Air Force Base (VAFB), 
California, a military readiness activity.

DATES: Effective February 7, 2011, through February 6, 2012.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits, Conservation, 
and Education Division, Office of Protected Resources, National Marine 
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD 
20910, by telephoning one of the contacts listed here (FOR FURTHER 
INFORMATION CONTACT) or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address and at the Southwest Regional Office, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 713-2289 ext. 156, or Monica DeAngelis, NMFS, 
(562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, upon request, the incidental, but not intentional, 
taking of small numbers of marine mammals by U.S. citizens who engage 
in a specified activity (other than commercial fishing) within a 
specified geographical region if certain findings are made and 
regulations are issued. The National Defense Authorization Act (Pub. L. 
108-136) removed the ``small numbers'' and ``specified geographical 
region'' limitations for a ``military readiness activity.'' Under the 
MMPA, the term ``taking'' means to harass, hunt, capture, or kill or to 
attempt to harass, hunt, capture, or kill marine mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means effecting the least 
practicable adverse impact on the species and its habitat and on the 
availability of the species for subsistence uses, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance. The regulations must include requirements for monitoring 
and reporting of such taking.
    Regulations governing the taking of Pacific harbor seals (Phoca 
vitulina richardsi), northern elephant seals (Mirounga angustirostris), 
California sea lions (Zalophus californianus), and northern fur seals 
(Callorhinus ursinus), by harassment, incidental to missile and rocket 
launches, aircraft flight test operations, and helicopter operations at 
VAFB, were issued on February 6, 2009 (74 FR 6236), and remain in 
effect until February 6, 2014. For detailed information on this action, 
please refer to that document. These regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during missile and rocket launches at VAFB.
    This LOA is effective from February 7, 2011, through February 6, 
2012, and authorizes the incidental take, by Level B harassment only, 
of the four marine mammal species listed here that may result from the 
launching of up to 30 space and missile vehicles and up to 20 rockets 
annually from VAFB, as well as from aircraft and helicopter operations. 
Harbor seals haul-out on several sites on VAFB, and harbor seals, 
California sea lions, elephant seals, and northern fur seals are found 
on various haul-out sites and rookeries on San Miguel Island (SMI). 
Currently, six space launch vehicle programs use VAFB to launch 
satellites into polar orbit: Delta II; Taurus; Atlas V; Delta IV; 
Falcon; and Minotaur. Also a variety of small missiles, several types 
of interceptor and target vehicles, and fixed-wing aircrafts are 
launched from VAFB.
    The activities under these regulations create two types of noise: 
continuous (but short-duration) noise, due mostly to combustion effects 
of aircraft and launch vehicles, and impulsive noise, due to sonic boom 
effects. Launch operations are the major source of noise on the marine 
environment from VAFB. The operation of launch vehicle engines produces 
significant sound levels. The noise generated by VAFB activities will 
result in the incidental harassment of pinnipeds, both behaviorally and 
in terms of physiological (auditory) impacts. The noise and visual 
disturbances from space launch vehicle and missile launches and 
aircraft and helicopter operations may cause the animals to move 
towards or enter the water. Take of pinnipeds will be minimized through 
implementation of the following mitigation measures: (1) All aircraft 
and helicopter flight paths must maintain a minimum distance of 1,000 
ft (305 m) from recognized seal haul-outs and rookeries; (2) missile 
and rocket launches must, whenever possible, not be conducted during 
the harbor seal pupping season of March through June; (3) VAFB must 
avoid, whenever possible, launches which are predicted to produce a 
sonic boom on the Northern Channel Islands during the primary pinniped 
pupping seasons of March through June; and (4) monitoring methods will 
be reviewed by NMFS if post-launch surveys determine that an injurious 
or lethal take of a marine mammal occurred. VAFB will also use 
monitoring surveys, audio-recording equipment, and time-lapse video to 
monitor the animals before, during, and after rocket launches, and to 
measure sound levels generated by the launches. Reports will be 
submitted to NMFS after each LOA expires, and a final comprehensive 
report, which will summarize all previous reports and assess cumulative 
impacts, will be submitted before the rule expires.

Summary of Request

    On December 15, 2010, NMFS received a request for a LOA renewal 
pursuant to the aforementioned regulations that would authorize, for a 
period not to exceed 1 year, take of marine mammals, by harassment, 
incidental to space vehicle and test flight activities at VAFB.

Summary of Activity and Monitoring Under the 2010 LOA

    In compliance with the 2010 LOA, VAFB submitted an annual report on 
the activities at VAFB, covering the period of December 1, 2009, 
through November 30, 2010. In addition to launches that occurred 
between February 7 and November 30, 2010, the report also contained 
information on a December 14, 2009, launch that was covered under the 
2009 LOA, as it was not described in any previous reports. A summary of 
the 2010 report (MMCG and SAIC, 2010) follows.
    During the reporting period covered by the 2010 report, there were 
a total of 10 launches from VAFB: Five space vehicle launches and five 
missile launches. The dates, locations, and monitoring required for the 
launches are summarized in Tables 1 and 2 next.

[[Page 6450]]



              Table 1--Summary of Space Vehicle Launches From VAFB and Monitoring Conducted in 2010
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               Vehicle                           Date                 Launch site          Monitoring conducted
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Delta II.............................  14-Dec-09..............  SLC-2W.................  No.
Minotaur IV HTV-2A...................  22-Apr-10..............  SLC-8..................  VAFB.
Atlas V NRO L-41.....................  17-Sept-10.............  SLC-3E.................  No.
Minotaur IV..........................  25-Sept-10.............  SLC-8..................  No.
Delta II.............................  5-Nov-10...............  SLC-2W.................  No.
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                Table 2--Summary of All Other Launches From VAFB and Monitoring Conducted in 2010
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            Launch vehicle                   Date (2010)              Launch site               Monitored
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Minuteman III........................  22-Jan.................  LF-23..................  No.
MDA..................................  6-Jun..................  LF-24..................  Yes.
Minuteman III........................  16-Jun.................  LF-10..................  Yes.
Minuteman III........................  30-Jun.................  LF-04..................  Yes.
Minuteman III........................  17-Sept................  LF-09..................  No.
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    All of the space vehicle launches, except for the April 22, 2010, 
launch of the Minotaur IV occurred outside of the harbor seal pupping 
season. Therefore, monitoring on VAFB was only required for that one 
space vehicle launch. Additionally, acoustic modeling indicated that no 
sonic boom of greater than 1 lb/ft\2\ (psf) would occur at SMI as a 
result of the launch; therefore, no biological or acoustical monitoring 
was required or conducted at SMI. The fourth launch was not modeled or 
monitored because the vehicle's westerly trajectory would carry it 
north of the northern Channel Islands.
    None of the five missile launches required monitoring at SMI 
because the westerly trajectory of these launches. Similarly, the 
January 22 and September 10, 2010, Minuteman III launches occurred 
outside of the VAFB harbor seal pupping season; therefore, no 
biological or acoustical monitoring was required or performed on VAFB 
for these two launches.
    During the reporting period, 977 fixed-wing aircraft and helicopter 
operations were conducted from the VAFB airfield. Most of these 
consisted of training exercises involving ``touch and goes'' (West, 
2010). Helicopter operations were greatly reduced from previous years 
because the helicopter squadron at VAFB was relocated in 2007 to other 
Air Force bases in the U.S. About two helicopter flights a week are now 
flown over VAFB. Three helicopter search and rescue operations were 
flown during the reporting period. There were no observed impacts to 
pinnipeds from these activities.

Minotaur IV Launch (April 22, 2010)

    Because this launch occurred during the harbor seal pupping season 
on VAFB, biological monitoring at VAFB was required. However, no sonic 
boom greater than 1 psf was predicted over SMI, so no monitoring was 
required at SMI. Counts of northern harbor seals done between April 17 
and 21, 2010, recorded from 20 to 160 adult seals, with the daily 
maximum ranging between 111 and 160 animals. Pup counts ranged from 12 
to 48 seals, with the daily maximum ranging between 31 and 48 pups. 
Post-launch counts fell within the pre-launch range. Counts of harbor 
seals done within 48 hours post-launch recorded between 115 to 167 
seals, with the daily maximum ranging between 165 and 167. Post-launch 
pup counts ranged between 17 and 39, with daily maximums of 38 to 39 
pups. In addition to the harbor seals, two northern elephant seals were 
observed at separate locations (one of which appeared emaciated), and 
three California sea lions (either juveniles or adult females) were 
observed.
    Time-lapse video monitoring was conducted of this launch. 
Immediately prior to the launch, the video showed the presence of 15 
adult harbor seals and three pups at the First Ledge haul-out site on 
south VAFB. Within 18 seconds of the launch, all but two adults had 
flushed into the water. The two remaining adult seals moved to within 3 
m (10 ft) of the water but remained on the ledge. Within 10 minutes 
after the launch, one adult had hauled back out on the ledge followed 
by a few more a little later. About an hour and a half post-launch, the 
entire ledge was submerged by waves, and all the animals had returned 
to the water (ManTech SRS, 2010).
    Six dead harbor seal pups were recorded during the pre-launch 
counts. One of them was observed to be ``torn open.'' This was an 
unusually high number of pup mortalities, as previous counts revealed a 
high of four dead pups in 2004. One dead pup was noted after the 
launch. It had a deep, 5-cm (2-in) gash on its side. The USAF monitors 
were unable to determine if this was one of the six pups observed prior 
to the launch or a previously uncounted animal. None of the dead pups 
were recovered for two reasons. First, attempting to recover the 
carcasses would have disturbed other animals, possibly resulting in the 
abandonment of pups. Second, the haul-out site is along a stretch of 
coast that lies beneath steep, unstable bluffs subject to sudden 
collapses.
    On follow-up counts made 2 weeks post-launch, between 67 and 161 
harbor seals were counted along with 22 to 34 pups. One adult was 
observed to have a deep wound, possibly inflicted by a shark. In 
summary, based on post-launch analysis, there was no evidence of 
injury, mortality, or abnormal behavior in any of the monitored 
pinnipeds on VAFB as a result of this launch.

MDA Launch (June 6, 2010)

    Because this launch occurred during the harbor seal pupping season 
on VAFB, biological monitoring at VAFB was required. However, its 
westerly trajectory did not require any sonic boom modeling or 
monitoring at SMI. Pre-launch surveys conducted from June 3-5, 2010, 
recorded between 0 and 13 harbor seals. Post-launch surveys conducted 
within 48 hours after the launch recorded between 0 and 11 harbor 
seals. During counts 2 weeks post-launch, between zero and four harbor 
seals were seen. No pups were observed, which was not unexpected, as 
only one pup was observed on April 21, 2010. No pups were reported in 
surveys performed after the June launches during the period from July 
through November (MMCG and SAIC, 2010).

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    Time-lapse video monitoring was conducted of this launch. Some 
harbor seals and sea otters were observed on the rocks between 1.5 and 
4 hours prior to the launch. However, nearly 30 minutes before the 
launch, the video did not reveal the presence of any marine mammals 
because the incoming tide and surf was washing over the rocks. None 
were present at the time of the launch. Nearly 1.5 hours post-launch, 
the rocks were still abandoned.
    No northern elephant seals were observed. On two occasions, 
individual California sea lions hauled out on the rocks and nearby 
beach. On another occasion, one was noted swimming immediately 
offshore. In summary, there was no evidence of injury, mortality, or 
abnormal behavior in any of the monitored pinnipeds at VAFB as a result 
of the MDA launch.

Minuteman III Launch (June 16, 2010)

    Because this launch occurred during the harbor seal pupping season 
on VAFB, biological monitoring at VAFB was required. However, its 
westerly trajectory did not require any sonic boom modeling or 
monitoring at SMI. Pre-launch monitoring was conducted from Jun 13-15, 
2010. Zero to five harbor seals were hauled out at Lion's Head during 
these counts. Zero to one seal was hauled out the day of the launch, 
and the following day, up to three harbor seals were hauled out. No 
harbor seal pups were seen. Only one sea lion was noted swimming a 
short distance offshore. No northern elephant seals were sighted. Since 
this launch occurred during darkness, no time-lapse video monitoring 
was conducted. In summary, there was no evidence of injury, mortality, 
or abnormal behavior of the monitored pinnipeds on VAFB as a result of 
this launch.

Minuteman III Launch (June 30, 2010)

    Because this launch occurred during the harbor seal pupping season 
on VAFB, biological monitoring at VAFB was required. However, its 
westerly trajectory did not require any sonic boom modeling or 
monitoring at SMI. Pre-launch monitoring was conducted from June 27-29, 
2010. Zero to four harbor seals were counted during pre-launch surveys. 
On the day of the launch, the count was zero to three animals, as it 
was during the post-launch monitoring. No harbor seals were sighted 
during the two-week follow-up count because the rocks were awash. No 
harbor seal pups were seen during any of these surveys. No California 
sea lions or elephant seals were seen during these surveys. Since this 
launch occurred during darkness, no time-lapse video monitoring was 
conducted. In summary, there was no evidence of injury, mortality, or 
abnormal behavior in any monitored harbor seals on VAFB resulting from 
this launch.

Authorization

    The USAF complied with the requirements of the 2010 LOA, and NMFS 
has determined that the marine mammal take resulting from the 2010 
launches is within that analyzed in and anticipated by the associated 
regulations. Accordingly, NMFS has issued a LOA to the 30th Space Wing, 
USAF, authorizing the take by harassment of marine mammals incidental 
to space vehicle and test flight activities at VAFB. Issuance of this 
LOA is based on findings described in the preamble to the final rule 
(74 FR 6236, February 6, 2009) and supported by information contained 
in VAFB's 2010 annual report that the activities described under this 
LOA will have a negligible impact on marine mammal stocks. The 
provision requiring that the activity not have an unmitigable adverse 
impact on the availability of the affected species or stock for 
subsistence uses does not apply for this action.

    Dated: January 31, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-2534 Filed 2-3-11; 8:45 am]
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