[Federal Register Volume 77, Number 125 (Thursday, June 28, 2012)]
[Notices]
[Pages 38587-38595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-15889]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC068


Takes of Marine Mammals Incidental to Specified Activities; 
Harbor Activities Related to the Delta IV/Evolved Expendable Launch 
Vehicle at Vandenberg Air Force Base, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental take authorization; request for 
comments.

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SUMMARY: We have received an application from United Launch Alliance, 
for an Incidental Harassment Authorization to take marine mammals, by 
harassment, incidental to conducting Delta Mariner operations, cargo 
unloading activities, and harbor maintenance activities at south 
Vandenberg Air Force Base, CA. United Launch Alliance is requesting an 
Authorization per the Marine Mammal Protection Act. We are requesting 
comments on our proposal to issue an Incidental Harassment 
Authorization to United Launch Alliance to incidentally harass, by 
Level B harassment only, three species of marine mammals during their 
specified activities from September 2012, through August 2013.

DATES: We must receive comments and information no later than July 30, 
2012.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is [email protected]. We are not responsible 
for email comments sent to addresses other than the one provided here. 
Comments sent via email, including all attachments, must not exceed a 
10-megabyte file size.
    Instructions: All submitted comments are a part of the public 
record. We will post comments on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    To obtain an electronic copy of the application containing a list 
of the

[[Page 38588]]

references used in this document, write to the previously mentioned 
address, telephone the contact listed here (see FOR FURTHER INFORMATION 
CONTACT) or access our Web page at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of 
Protected Resources, NMFS (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the MMPA (MMPA; 16 U.S.C. 1361 et seq.) 
directs the Secretary of Commerce to authorize, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by United States citizens who 
engage in a specified activity (other than commercial fishing) within a 
specified geographical region if: (1) We make certain findings; (2) the 
taking is limited to harassment; and (3) we provide a notice of a 
proposed authorization to the public for review.
    We shall grant authorization for the incidental taking of small 
numbers of marine mammals if we find that the taking will have a 
negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). The authorization must 
set forth the permissible methods of taking; other means of effecting 
the least practicable adverse impact on the species or stock and its 
habitat; and requirements pertaining to the mitigation, monitoring and 
reporting of such takings.
    We have defined ``negligible impact'' in 50 CFR 216.103 as ``an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    Section 101(a)(5)(D) of the Marine Mammal Protection Act 
established an expedited process by which citizens of the United States 
can apply for an authorization to incidentally take small numbers of 
marine mammals by harassment. Section 101(a)(5)(D) of the Act 
establishes a 45-day time limit for our review of an application 
followed by a 30-day public notice and comment period on any proposed 
authorizations for the incidental harassment of small numbers of marine 
mammals. Within 45 days of the close of the public comment period, we 
must either issue or deny the authorization and must publish a notice 
in the Federal Register within 30 days of our determination to issue or 
deny the authorization.
    Except with respect to certain activities not applicable here, the 
Marine Mammal Protection Act defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].

Summary of Request

    We received an application on May 7, 2012, from United Launch 
Alliance requesting the taking, by Level B harassment only, of small 
numbers of marine mammals, incidental to conducting Delta Mariner 
harbor operations for one year. We determined the application complete 
and adequate on June 5, 2012.
    These activities (i.e., transport vessel operations, cargo movement 
activities, and harbor maintenance dredging) will support Delta IV/EELV 
launch activities from the Space Launch Complex at Vandenberg Air Force 
Base (Base) and would occur in the vicinity of a known pinniped haul 
out site (Small Haul-out Site 1 in the Application) located in 
a harbor on the southwest section of the Base.
    Acoustic and visual stimuli generated by the use of heavy equipment 
during the Delta Mariner off-loading operations and the, cargo movement 
activities, the increased presence of personnel, and harbor maintenance 
dredging have the potential to cause California sea lions (Zalophus 
californianus), Pacific harbor seals (Phoca vitulina), and Northern 
elephant seals (Mirounga angustirostris) hauled out on Small Haul-out 
Site 1 to flush into Base's harbor or cause a short-term 
behavioral disturbance for marine mammals in the proposed area. These 
types of disturbances are the principal means of marine mammal taking 
associated with these activities. This is United Launch Alliance's 
tenth request for an Authorization and they have requested take of 
Pacific harbor seals; California sea lions; and Northern elephant seals 
by Level B harassment only. To date, we have issued nine, one-year, 
Incidental Harassment Authorizations to them for the conduct of the 
same activities from 2002 to 2011, with the last Authorization expiring 
on June 6, 2012 (76 FR 33721, June 9, 2011). United Launch Alliance did 
not conduct any operations between 2003 and 2008, and accordingly, was 
not required to conduct any monitoring activities related to harbor 
maintenance or Delta Mariner operations. After a six-year hiatus, they 
commenced harbor maintenance activities in July 2009. We present the 
monitoring results from the 2009 through 2011 operating seasons in the 
Summary of Previous Monitoring section of this notice.

Description of the Specified Geographic Region

    The proposed activities will take place in or near the Base's 
harbor located on the central coast of California at 34[deg]33' N, 
120[deg]36' W in the northeast Pacific Ocean. The harbor is 
approximately 2.5 miles (mi) (4.02 kilometers (km)) south of Point 
Arguello, CA and approximately 1 mi (1.61 km) south of the nearest 
marine mammal rookery.

Description of the Specified Activity

    United Launch Alliance proposes to conduct Delta IV/EELV activities 
(transport vessel operations, harbor maintenance dredging, and cargo 
movement activities) between September 1, 2012 and August 31, 2013.
    The Delta IV/EELV launch vehicle is comprised of a common booster 
core, an upper stage, and a payload fairing. The size of the common 
booster core requires it to be transported to the Base's launch site by 
a specially designed vessel, the Delta Mariner. To allow safe operation 
of the Delta Mariner, maintenance dredging within a harbor located in 
Zone 6 of the Western Space and Missile Center in the Pacific Ocean (33 
CFR 334.1130(a)(2)(vi)), United Launch Alliance requires that the 
harbor undergo maintenance on a periodic basis.

Delta Mariner Operations

    The Delta Mariner is a 312-foot (ft) (95.1-meter (m)) long, 84-ft 
(25.6-m) wide, steel-hulled, ocean-going vessel capable of operating at 
an 8-ft (2.4-m) draft. It is a roll-on, roll-off, self-propelled ship 
with an enclosed watertight cargo area, a superstructure forward, and a 
ramp at the vessel's stern.
    Delta Mariner off-loading operations and associated cargo movements 
within the harbor would occur at a maximum frequency of four times per 
year and United Launch Alliance has scheduled the first delivery for 
November 2012.
    The 8,000-horsepower vessel would enter the harbor stern first at 
1.5 to 2 knots (kts) (1.72 mi per hour (mph)) during daylight hours at 
high tide, approaching the wharf at less than 0.75 kts (0.86 mph). At 
least one tugboat will always accompany the Delta Mariner

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during visits to the Base's harbor. The vessel's departure will occur 
during daylight hours at high tide approximately 10 hours after the 
vessel's arrival.

Cargo Movement Activities

    Removal of the common booster core from the vessel requires the use 
of an elevating platform transporter (transporter). The transporter is 
powered by a diesel engine manufactured by Daimler-Chrysler AG 
(Mercedes), model OM442A, 340HP. United Launch Alliance would limit 
cargo unloading activities to periods of high tide. It takes 
approximately two hours to remove the first common booster core from 
the cargo bay and six hours to remove a complement of three common 
booster cores. It would take up to two additional hours to remove 
remaining cargo which may consist of two upper stages, one set of 
fairings, and one payload attach fitting. The total of 10 hours 
includes time required to move the flight hardware to the staging area. 
United Launch Alliance packs flight hardware items, other than the 
common booster cores, in containers equipped with retractable casters 
and tow bars. United Launch Alliance would tow these containers off the 
vessel by a standard diesel truck tractor. Noise from the ground 
support equipment will be muted while inside the cargo bay and will be 
audible to marine mammals only during the time that the equipment is in 
the harbor area. Cargo movement operations would occur for 
approximately 43 days (concurrent with the harbor maintenance 
activities).

Harbor Maintenance Activities

    United Launch Alliance must perform maintenance dredging annually 
or twice per year, depending on the hardware delivery schedule to 
accommodate the Delta Mariner's draft. Dredging would involve the use 
of heavy equipment, including a clamshell dredge, dredging crane, a 
small tug, dredging barge, dump trucks, and a skip loader.

Acoustic Source Specifications

    We discuss the associated noise sources from the Delta Mariner, 
harbor maintenance equipment, and the transporter in the following 
section.

Metrics Used in This Document

    This section includes a brief explanation of the sound measurements 
frequently used in the discussions of acoustic effects in this 
document. Sound pressure is the sound force per unit area. A standard 
practice is to measure the pressure in micropascals ([mu]Pa), where 1 
pascal (Pa) is the pressure resulting from a force of one newton 
exerted over an area of one square meter. Sound pressure level is 
expressed as the ratio of a measured sound pressure and a reference 
level. The commonly used reference pressure level in underwater 
acoustics is 1 [micro]Pa, and the units for sound pressure levels are 
dB re: 1 [micro]Pa.

Sound Pressure Level (in Decibels (dB)) = 20 log (Pressure/Reference 
Pressure)

    Sound pressure level is an instantaneous measurement and can be 
expressed as the peak, the peak-peak (p-p), or the root mean square. 
Root mean square, which is the square root of the arithmetic average of 
the squared instantaneous pressure values, is typically used in 
discussions of the effects of sounds on vertebrates and all references 
to sound pressure level in this document refer to the root mean square 
unless otherwise noted. Sound pressure level does not take the duration 
of a sound into account.

Characteristics of Vessel Noise

    Sources of noise from the Delta Mariner include ventilating 
propellers used for maneuvering the vessel into position and a brief 
sound from the cargo bay door when it becomes disengaged. United Launch 
Alliance has not performed any in situ sound measurements outside the 
vessel.

Characteristics of Harbor Maintenance and Cargo Equipment Noise

    United Launch Alliance estimates that the noise levels emanating 
from within 50 ft (15.2 m) of the equipment (i.e., backhoe, water 
truck, and clamshell dredge and the cargo moving equipment (transporter 
and roll-off truck transporter) would range from 56 to 95 dB re: 20 
[micro]Pa (A-weighted). The ambient background noise at the dock area 
ranges from 35 to 48 dB re: 20 [micro]Pa (A-weighted) at 250 ft (76.2 
m). United Launch Alliance presents the equipment noise levels measured 
at the dock area in Table 1.2-1 of their application.
    We expect that acoustic stimuli, resulting from the proposed 
activities, have the potential to incidentally harass marine mammals. 
We also expect these disturbances to be temporary and result in a 
temporary modification in behavior and/or low-level physiological 
effects (Level B harassment only) of small numbers of certain species 
of marine mammals.
    We do not expect that the movement of the Delta Mariner during the 
conduct of the proposed activities, has the potential to harass marine 
mammals because of the relatively slow operation speed of the vessel 
(1.5 to 2 kts; 1.72 mph) during its approach to the area at high tide 
and the vessel's slow operational speed (0.75 kts; 0.86 mph) during its 
approach to the wharf.

Description of Marine Mammals in the Area of the Proposed Specified 
Activity

    The marine mammal species most likely to be harassed incidental to 
conducting Delta Mariner operations, cargo unloading activities, and 
harbor maintenance activities at the Base are the California sea lion, 
the Pacific Harbor seal, and the northern elephant seal.
    We refer the public to Carretta et al., (2011) for general 
information on these species which are presented below this section. 
The publication is available at: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf.

California Sea Lion

    California sea lions are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The California sea lion is now 
a full species, separated from the Galapagos sea lion (Z. wollebaeki) 
and the extinct Japanese sea lion (Z. japonicus) (Brunner 2003, Wolf et 
al., 2007, Schramm et al., 2009). The estimated population of the U.S. 
stock of California sea lion is approximately 296,750 animals and the 
current maximum population growth rate is 12 percent (Carretta et al., 
2011).
    California sea lion breeding areas are on islands located in 
southern California, in western Baja California, Mexico, and the Gulf 
of California. During the breeding season, most California sea lions 
inhabit southern California and Mexico. Rookery sites in southern 
California are limited to the San Miguel Islands and the southerly 
Channel Islands of San Nicolas, Santa Barbara, and San Clemente 
(Carretta et al., 2011). Males establish breeding territories during 
May through July on both land and in the water. Females come ashore in 
mid-May and June where they give birth to a single pup approximately 
four to five days after arrival and will nurse pups for about a week 
before going on their first feeding trip. Females will alternate 
feeding trips with nursing bouts until the pup is weaned between four 
and 10 months of age (NMML, 2010).
    Adult and juvenile males will migrate as far north as British 
Columbia, Canada while females and pups remain in southern California 
waters in the non-breeding season. In warm water (El Ni[ntilde]o) 
years, some females are found as far north as Washington and Oregon, 
presumably following prey.

[[Page 38590]]

    The largest concentrations of California sea lions in the vicinity 
of the Base occur at Lion Rock, an islet located at (34[deg]53' N, 
120[deg]39' W) offshore of Point Sal, CA approximately 24 mi (38.6 km) 
north of where the activities will occur. Historical observations have 
noted the presence of at least 100 California sea lions hauled out 
during any season at Lion Rock (Roest, 1995); small groups migrating 
south along the Base's coastline commencing in April (Tetra Tech, 
1997); juveniles hauled-out with harbor seals along the South Base 
sites from July through September (Tetra Tech, 1997); and finally, 
large groups of sea lions migrating north along the Base's coastline 
beginning in August (Tetra Tech, 1997). A recent Air Force report cited 
fewer than 100 sea lions occuring seasonally on the Base (USAF 2008). 
Sea lions may sporadically haul out to rest when foraging or transiting 
through the area, but generally spend little time there (USAF, 2008).

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The estimated population of the 
California stock of Pacific harbor seals is approximately 30,196 
animals (Carretta et al., 2011).
    The animals inhabit near-shore coastal and estuarine areas from 
Baja California, Mexico, to the Pribilof Islands in Alaska. Pacific 
harbor seals are divided into two subspecies: P. v. stejnegeri in the 
western North Pacific, near Japan, and P. v. richardsi in the northeast 
Pacific Ocean. The latter subspecies, recognized as three separate 
stocks, inhabits the west coast of the continental United States, 
including: the outer coastal waters of Oregon and Washington states; 
Washington state inland waters; and Alaska coastal and inland waters.
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Pups are nursed for 
an average of 24 days and are ready to swim minutes after being born. 
Harbor seal pupping takes place at many locations and rookery size 
varies from a few pups to many hundreds of pups. The nearest harbor 
seal rookery relative to the operational area is at Rocky Point, CA 
approximately one mile (1.61 km) south of the harbor.
    United Launch Alliance estimates that the total population of 
harbor seals on the Base is approximately 1,115 (maximum of 500 seals 
hauled out at one time on the southern portion of the Base) based on 
sighting surveys and telemetry data (SRS, 2003). The harbor seal 
population on Base experienced an annual 4.1 percent increase from 2003 
to 2006 and appears to be reaching its carrying capacity, as the 
population shows little change or slight increases between 2005 and 
2008 (MSRS, 2009).
    The daily haul-out behavior of harbor seals along the southern part 
of the Base's coastline is primarily dependent on time of day. The 
highest numbers of seals haul-out between 1100 and 1600 hours and the 
seals will occasionally haul out at a beach 250 ft (76.2 m) west of the 
harbor and on rocks outside the harbor breakwater where United Launch 
Alliance proposes to conduct Delta Mariner operations.

Northern Elephant Seal

    Northern elephant seals are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The estimated population of the 
San Miguel stock is approximately 2,492 animals and the current maximum 
population growth rate is 12 percent (Carretta et al., 2011).
    Northern elephant seals range in the eastern and central North 
Pacific Ocean, from as far north as Alaska and as far south as Mexico. 
Northern elephant seals spend much of the year, generally about nine 
months, in the ocean. They are usually underwater, diving to depths of 
about 1,000-2,500 ft (330-800 m) for 20- to 30-minute intervals with 
only short breaks at the surface. They are rarely seen out at sea for 
this reason. While on land, they prefer sandy beaches.
    Northern elephant seals breed and give birth in California (U.S.) 
and Baja California (Mexico), primarily on offshore islands (Stewart et 
al., 1994), from December to March (Stewart and Huber, 1993). Males 
feed near the eastern Aleutian Islands and in the Gulf of Alaska, and 
females feed further south, south of 45[deg] N (Stewart and Huber, 
1993; Le Boeuf et al., 1993). Adults return to land between March and 
August to molt, with males returning later than females. Adults return 
to their feeding areas again between their spring/summer molting and 
their winter breeding seasons.
    United Launch Alliance reports that northern elephant seals do not 
breed within the Base's harbor area nor on its offshore islets. 
However, some juvenile and sub-adult elephant seals, primarily immature 
males, regularly use some of the Base's shoreline as haul-outs. The 
juvenile and sub-adult elephant seals do not haul out in the harbor 
area.
    United Launch Alliance has no verified records of elephant seals on 
the Base prior to 1998. In April 2003, the Air Force documented the 
first occurrence of hauled out elephant seals at South Rocky Point 
during the molting season (USAF, 2003). In 2004, they counted a maximum 
of 188 elephant seals on the Base; however, the animals observed hauled 
out since that survey have decreased, with no documented individuals 
hauled out since 2007 (USAF, 2008).

Other Marine Mammals in the Proposed Action Area

    There are several cetaceans that have the potential to transit in 
the vicinity of the Base's harbor including the short-beaked common 
dolphin (Delphinus delphis), the Pacific white-sided dolphin 
(Lagenorhynchus obliquidens), and the endangered gray whale 
(Eschrichtius robustus). We will not consider these species further in 
this notice of a proposed Incidental Harassment Authorization because 
they are typically found farther offshore of the Base's harbor and are 
unlikely or rare in the proposed action area and the Delta Mariner's 
operations would not likely affect these species.
    Other species of pinnipeds species are rare to infrequent along the 
southern portion of the Base's coast during certain times of the year 
and are unlikely to experience harassment by United Launch Alliance's 
activities. These three species are: the northern fur seal (Callorhinus 
ursinus), Guadalupe fur seal (Arctocephalus townsendi), and Steller sea 
lion (Eumetopias jubatus). Northern fur seals, Guadalupe fur seals, and 
Steller sea lions occur along the California coast and Northern Channel 
Islands but are not likely to be found on the Base. We refer the public 
to Carretta et al., (2011) for general information on the species' life 
history and distribution. The stock assessment report is available at: 
http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf.
    California (southern) sea otters (Enhydra lutris nereis) are listed 
as threatened under the Endangered Species Act and categorized as 
depleted under the Marine Mammal Protection Act. The U.S. Fish and 
Wildlife Service manages this species and we will not consider this 
species in greater detail within this notice. The proposed 
Authorization will only address requested take authorizations for 
pinnipeds.

[[Page 38591]]

Potential Effects on Marine Mammals

    Acoustic and visual stimuli generated by: the use of heavy 
equipment during the Delta Mariner off-loading operations and harbor 
dredging and the increased presence of personnel may have the potential 
to cause Level B harassment of any pinnipeds hauled out in the Base's 
harbor. This disturbance from acoustic and visual stimuli is the 
principal means of marine mammal taking associated with these 
activities.
    Pinnipeds sometimes show startle reactions when exposed to sudden 
brief sounds. An acoustic stimulus with sudden onset (such as a sonic 
boom) may be analogous to a ``looming'' visual stimulus (Hayes and 
Saif, 1967), which may elicit flight away from the source (Berrens et 
al., 1988). The onset of operations by a loud sound source, such as the 
transporter during common booster core off-loading procedures, may 
elicit such a reaction. In addition, the movements of cranes and 
dredges may represent a ``looming'' visual stimulus to seals hauled out 
in close proximity. Seals and sea lions exposed to such acoustic and 
visual stimuli may either exhibit a startle response and/or leave the 
haul-out site.
    According to the Marine Mammal Protection Act and our implementing 
regulations, if harbor activities disrupt the behavioral patterns of 
harbor seals or sea lions, these activities would take marine mammals 
by Level B harassment. In general, if the received level of the noise 
stimulus exceeds both the background (ambient) noise level and the 
auditory threshold of the animals, and especially if the stimulus is 
novel to them, there may be a behavioral response. The probability and 
degree of response will also depend on the season, the group 
composition of the pinnipeds, and the type of activity in which they 
are engaged. Minor and brief responses, such as short-duration startle 
or alert reactions, are not likely to constitute disruption of 
behavioral patterns, such as migration, nursing, breeding, feeding, or 
sheltering (i.e., Level B harassment) and would not cause injury or 
mortality to marine mammals. On the other hand, startle and alert 
reactions accompanied by large-scale movements, such as stampedes into 
the water of hundreds of animals, may rise to the degree of Level A 
harassment because they could result in injury of individuals. In 
addition, such large-scale movements by dense aggregations of marine 
mammals or at pupping sites could potentially lead to takes by injury 
or death. However, there is no potential for large-scale movements 
leading to serious injury or mortality near the south Base harbor 
because, historically, the number of harbor seals hauled out near the 
site is less than 30 individuals, and there is no pupping at nearby 
sites. The effects of the harbor activities are expected to be limited 
to short-term startle responses and localized behavioral changes.

Summary of Previous Monitoring

    United Launch Alliance has complied with the mitigation and 
monitoring that we required under the previous Authorizations for the 
2009, 2010, and 2011 seasons. In compliance with each Authorization, 
they have submitted a final report on the activities at the Base's 
harbor covering each annual period. Each Incidental Harassment 
Authorization required them to conduct baseline observations of 
pinnipeds in the project area prior to initiating project activities; 
conduct and record observations on pinnipeds in the vicinity of the 
harbor for the duration of the activity occurring when tides are 2 ft 
(0.61 m) or less (i.e., low enough for pinnipeds to haul-out); and 
conduct post-construction observations of pinniped haul-outs in the 
project area to determine whether animals possibly disturbed by the 
project's activities would return to the haul-out area.
    During the 2009 season (July 8-September 21) United Launch Alliance 
conducted 21 days of operations which did not exceed the activity 
levels analyzed under the 2009 Authorization. The observers noted that 
Pacific harbor seals hauled out in the vicinity were more responsive to 
visual disturbances than to auditory disturbances. They reported that 
the maximum number of harbor seals hauled out ranged from zero to 28 
animals with most using the rocks approximately 540 to 570 ft (164.9 to 
173.7 m) south of the harbor area. The maximum number of sea lions 
present ranged from zero to two animals with both hauled out at either 
the breakwater and or on a beach southwest of the dock area. United 
Launch Alliance did not observe any reactions of the harbor seals 
during equipment start-up. However, the observers noted that in some 
instances, the harbor seals slowly flushed when they could see 
equipment moving from their vantage point in the haulout area.
    During the course of the 2009 season, harbor seals showed head 
alerts on 15 occasions and slowly entered the water on 24 occasions. 
Only one California sea lion showed a head alert during the entire 
operational season.
    For the 2010 season (June 2-18) United Launch Alliance conducted 
seven days of operations which did not exceed the activity levels that 
we analyzed under the 2010 Authorization. They reported that the 
maximum number of harbor seals hauled out ranged from zero to 14 
animals. Similar to the previous year, the harbor seals hauled out on 
the rocks south of the harbor area. The maximum number of sea lions 
present ranged from zero to two animals.
    During the course of the 2010 season, harbor seals showed a head 
alert on only one occasion and entered the water on two occasions. In 
the first instance, the harbor seal resettled within one minute after 
the head alert. In the second instance, both harbor seals returned to 
the haulout within three minutes. The observers routinely observed 
pinnipeds in the water within and around the harbor for the duration of 
project activities. They report that they did not observe any altered 
behavior while the animals were in the water due to activities 
occurring on the dock or in the harbor.
    During the 2011 season (July 22-August 18; October 24-November 7) 
they conducted a total of 19 days of operations which did not exceed 
the activity levels analyzed under the 2011 Authorization. They 
reported that the maximum number of harbor seals hauled out ranged from 
zero to 38 animals and the maximum number of sea lions present ranged 
from zero to one animal.
    During the course of the 2011 season, harbor seals showed a head 
alert on 23 occasions and slowly entered the water on 19 occasions. 
Again, the observers routinely observed pinnipeds rafting in the water 
within and around the harbor for the duration of project activities. 
For a complete record of all observations, we refer the reader to 
United Launch Alliance's monitoring reports at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Based on the results from the previous monitoring reports, we 
conclude that these results support our original findings that the 
mitigation measures set forth in the 2009, 2010, and 2011 
Authorizations effected the least practicable adverse impact on the 
species or stocks. During periods of low tide (e.g., when tides are 2 
ft (0.61 m) or less and low enough for pinnipeds to haul-out), we would 
expect the pinnipeds to return to the haulout site within 60 minutes of 
the disturbance (Allen et al., 1985). The effects to pinnipeds appear 
at the most to displace the animals temporarily from their haul out 
sites and we do not expect that the pinnipeds would permanently abandon 
a haul-out site during the conduct of harbor maintenance and Delta 
Mariner operations.

[[Page 38592]]

    Finally, no operations would occur near pinniped rookeries; 
therefore, we do not expect mother and pup separation or crushing of 
pups to occur.
    The potential effects to marine mammals described in this section 
of the document do not take into consideration the proposed monitoring 
and mitigation measures described later in this document (see the 
``Proposed Mitigation'' and ``Proposed Monitoring and Reporting'' 
sections) which, as noted, should effect the least practicable adverse 
impact on affected marine mammal species and stocks.

Anticipated Effects on Habitat

    We do not anticipate that the proposed operations would result in 
any temporary or permanent effects on the habitats used by the marine 
mammals in the proposed area, including the food sources they use (i.e. 
fish and invertebrates). While it is anticipated that the specified 
activity may result in marine mammals avoiding certain areas due to 
temporary ensonification, this impact to habitat is temporary and 
reversible and was considered in further detail earlier in this 
document, as behavioral modification. The main impact associated with 
the proposed activity will be temporarily elevated noise levels and the 
associated direct effects on marine mammals, previously discussed in 
this notice.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the 
permissible methods of taking pursuant to such activity, and other 
means of effecting the least practicable adverse impact on such species 
or stock and its habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance, and the availability 
of such species or stock for taking for certain subsistence uses.
    United Launch Alliance has based the proposed mitigation measures 
described herein, to be implemented for the proposed operations, on the 
following:
    (1) Protocols used during previous operations as approved by us; 
and
    (2) Previous incidental harassment authorizations that we have 
approved and authorized; and
    To reduce the potential for disturbance from visual and acoustic 
stimuli associated with the activities, United Launch Alliance/and or 
its designees propose to implement the following mitigating measures 
for marine mammals:
    (1) If activities occur during nighttime hours, United Launch 
Alliance will turn on lighting equipment before dusk. The lights would 
remain on for the entire night to avoid startling pinnipeds.
    (2) Initiate operations before dusk.
    (3) Keep construction noises at a constant level (i.e., not 
interrupted by periods of quiet in excess of 30 minutes) while 
pinnipeds are present.
    (4) If activities cease for longer than 30 minutes and pinnipeds 
are in the area, United Launch Alliance would initiate a gradual start-
up of activities to ensure a gradual increase in noise levels.
    (5) A qualified marine mammal observer would visually monitor the 
harbor seals on the beach adjacent to the harbor and on rocks for any 
flushing or other behaviors as a result of United Launch Alliance's 
activities (see Proposed Monitoring).
    (6) The Delta Mariner and accompanying vessels would enter the 
harbor only when the tide is too high for harbor seals to haul-out on 
the rocks; reducing speed to 1.5 to 2 knots (1.5-2.0 nm/hr; 2.8-3.7 km/
hr) once the vessel is within 3 mi (4.83 km) of the harbor. The vessel 
would enter the harbor stern first, approaching the wharf and moorings 
at less than 0.75 knot (1.4 km/hr).
    (7) As United Launch Alliance explores alternate dredge methods, 
the dredge contractor may introduce quieter techniques and equipment.
    We have carefully evaluated the applicant's proposed mitigation 
measures and have considered a range of other measures in the context 
of ensuring that we have prescribed the means of effecting the least 
practicable adverse impact on the affected marine mammal species and 
stocks and their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
    (1) The manner in which, and the degree to which, we expect that 
the successful implementation of the measure would minimize adverse 
impacts to marine mammals;
    (2) The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    (3) The practicability of the measure for implementation.
    Based on our evaluation of United Launch Alliance's proposed 
measures, as well as other measures considered by us or recommended by 
the public, we have preliminarily determined that the mitigation 
measures provide the means of effecting the least practicable adverse 
impacts on marine mammals species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance.

Proposed Monitoring

    In order to issue an Incidental Harassment Authorization for an 
activity, section 101(a)(5)(D) of the Marine Mammal Protection Act 
states that we must set forth ``requirements pertaining to the 
monitoring and reporting of such taking.'' The Act's implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for an 
authorization must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and our expectations of the level of taking or 
impacts on populations of marine mammals present in the action area.
    As part of its 2012 application for an Authorization, United Launch 
Alliance proposes to sponsor marine mammal monitoring during the 
present project, in order to implement the mitigation measures that 
require real-time monitoring, and to satisfy the monitoring 
requirements of the incidental harassment authorization. We describe 
the Monitoring Plan below this section. United Launch Alliance 
understands that this monitoring plan will be subject to review by us, 
and that we may require refinements to the plan.
    United Launch Alliance will designate a qualified, and biologically 
trained observer to monitor the area for pinnipeds during all harbor 
activities. During nighttime activities, United Launch Alliance will 
illuminate the harbor area and the observer will use a night vision 
scope. Monitoring activities will consist of the following:
    (1) Conducting baseline observation of pinnipeds in the project 
area prior to initiating project activities.
    (2) Conducting and recording observations on pinnipeds in the 
vicinity of the harbor for the duration of the activity occurring when 
tides are low enough (less than or equal to 2 ft (0.61 m) for pinnipeds 
to haul out.
    (3) Conducting post-construction observations of pinniped haul-outs 
in the project area to determine whether animals disturbed by the 
project activities return to the haul-out.
    We have reviewed the monitoring results from previous operations 
and have incorporated the results into the analysis of potential 
effects in this document.

Proposed Reporting

    United Launch Alliance will notify us two weeks prior to initiation 
of each activity. After the completion of each activity, they will 
submit a draft final

[[Page 38593]]

monitoring report to us within 120 days to the Director of the Office 
of Protected Resources at our headquarters. If United Launch Alliance 
receives no comments from us on the draft Final Monitoring Report, we 
would consider the draft Final Monitoring Report to be the Final 
Monitoring Report.
    The final report would provide dates, times, durations, and 
locations of specific activities, details of pinniped behavioral 
observations, and estimates of numbers of affected pinnipeds and 
impacts (behavioral or other). In addition, the report would include 
information on the weather, tidal state, horizontal visibility, and 
composition (species, gender, and age class) and locations of haul-out 
group(s).
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization (if issued), such as an injury (Level A harassment), 
serious injury or mortality (e.g., ship-strike, gear interaction, and/
or entanglement), United Launch Alliance shall immediately cease the 
specified activities and immediately report the incident to the 
Incidental Take Program Supervisor, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and/or by email to 
[email protected] and [email protected] and to the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    United Launch Alliance shall not resume its activities until we are 
able to review the circumstances of the prohibited take. We shall work 
with them to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act 
compliance. They may not resume their activities until notified by us 
via letter, email, or telephone.
    In the event that United Launch Alliance discovers an injured or 
dead marine mammal, and the observer determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as we describe in the next 
paragraph), the United Launch Alliance will immediately report the 
incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, at 301-427-8401 
and/or by email to [email protected] and [email protected] and to 
the Southwest Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the same information 
identified in the paragraph above this section. Activities may continue 
while we review the circumstances of the incident. We will work with 
the United Launch Alliance to determine whether modifications in the 
activities are appropriate.
    In the event that United Launch Alliance discovers an injured or 
dead marine mammal, and the observer determines that the injury or 
death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), United Launch Alliance will report 
the incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, at 301-427-8401 
and/or by email to [email protected] and [email protected] and 
the Southwest Regional Stranding Coordinator at (562) 980-3230 
([email protected]), within 24 hours of the discovery. United 
Launch Alliance will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
Marine Mammal Protection Act defines ``harassment'' as: any act of 
pursuit, torment, or annoyance which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild [Level A harassment]; 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering [Level B harassment].
    We propose to authorize take by Level B harassment only for the 
proposed harbor maintenance and Delta Mariner operations in the Base's 
harbor. Acoustic stimuli (i.e., increased sound) generated during these 
proposed activities may have the potential to cause marine mammals in 
the harbor area to experience temporary, short-term changes in 
behavior.
    Based on previous monitoring reports, with the same activities 
conducted in the proposed operations area, we estimate that 
approximately 1,161 Pacific harbor seals; 86 California sea lions; and 
43 northern elephant seals could be potentially affected by Level B 
behavioral harassment over the course of the period of effectiveness of 
the proposed Authorization. We base these estimates on historical 
pinniped survey counts from 2001 to 2011 and calculated takes by 
multiplying the average of the maximum abundance by 43 days (i.e., the 
total number of operational days). Thus, United Launch Alliance 
requests an Authorization to incidentally harass approximately 1,161 
Pacific harbor seals (27 animals by 43 days), 86 California sea lions 
(2 animals by 43 days), and 43 northern elephant seals (1 animal by 43 
days).
    There is no evidence that United Launch Alliances planned 
activities could result in injury, serious injury or mortality within 
the harbor area for the requested Authorization. Because of the 
required mitigation measures and the likelihood that some pinnipeds 
will avoid the area due to wave inundation of the haulout area, the 
required mitigation and monitoring measures will minimize any potential 
risk for injury, serious injury, or mortality. Thus, we do not propose 
to authorize any injury, serious injury or mortality. We expect all 
potential takes to fall under the category of Level B behavioral 
harassment only.

Encouraging and Coordinating Research

    United Launch Alliance will continue to coordinate monitoring of 
pinnipeds during Delta IV/EELV activities at the Base's harbor with 
Vandenberg Air Force Base Asset Management staff and other pinniped 
monitoring activities occurring on the Base.
    United Launch Alliance will submit all information collected during 
Delta IV/EELV pinniped monitoring events the Asset Management staff for 
incorporation into the Base-wide monitoring plan to enhance and assist 
in the increased knowledge and understanding of pinniped populations 
that occur on the Base's coastline.

[[Page 38594]]

    The information collected during these monitoring events, along 
with the information collected for monthly monitoring of pinniped 
populations and during space vehicle and missile launches is essential 
for a solid understanding of the trends of these populations of marine 
mammals and the effects of the Base's activities have on their 
continued presence. Per the Authorization's requirements, United Launch 
Alliance will submit monitoring reports and may make the information 
available to interested parties and researchers at the discretion of 
both agencies.

Negligible Impact and Small Numbers Analysis and Determination

    We have defined ``negligible impact'' in 50 CFR 216.103 as ``* * * 
an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.'' In making a negligible impact determination, 
we consider:
    (1) The number of anticipated injuries, serious injuries, or 
mortalities;
    (2) The number, nature, and intensity, and duration of Level B 
harassment (all relatively limited); and
    (3) The context in which the takes occur (i.e., impacts to areas of 
significance, impacts to local populations, and cumulative impacts when 
taking into account successive/contemporaneous actions when added to 
baseline data);
    (4) The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
    (5) Impacts on habitat affecting rates of recruitment/survival; and
    (6) The effectiveness of monitoring and mitigation measures.
    As mentioned previously, we estimate that three species of marine 
mammals could be potentially affected by Level B harassment over the 
course of the Authorization. For each species, these numbers are small 
(each, less than two percent) relative to the population size.
    For reasons stated previously in this document, United Launch 
Alliance's specified activities are not likely to cause long-term 
behavioral disturbance, abandonment of the haulout area, serious 
injury, or mortality because:
    (1) The effects of the harbor activities are expected to be limited 
to short-term startle responses and localized behavioral changes. Minor 
and brief responses, such as short-duration startle or alert reactions, 
are not likely to constitute disruption of behavioral patterns, such as 
migration, nursing, breeding, feeding, or sheltering.
    (2) The likelihood that marine mammal detection by trained, visual 
observers is high at close proximity the harbor;
    (3) Delta Mariner off-loading operations and associated cargo 
movements within the harbor would occur at a maximum frequency of four 
times per year and the vessel's arrival and departure would occur 
during daylight hours at high tide when the haulout areas are fully 
submerged and few, if any, pinnipeds are present in the harbor;
    (4) The relatively slow operational speed of the Delta Mariner (1.5 
to 2 kts; 1.72 mph) during its approach to the harbor at high tide and 
the vessel's slow operational speed (0.75 kts; 0.86 mph) during its 
approach to the wharf;
    (5) There is no potential for large-scale movements leading to 
serious injury or mortality near the south Base harbor because, 
historically, the number of harbor seals hauled out near the site is 
less than 30 individuals;
    (6) The specified activities do not occur near rookeries;
    (7) The availability of alternate areas near the harbor for 
pinnipeds to avoid the resultant noise from the maintenance and vessel 
operations. Results from previous monitoring reports that support our 
conclusions that the pinnipeds returned to the haulout site during 
periods of low tide after the disturbance and do not permanently 
abandon a haul-out site during the conduct of harbor maintenance and 
Delta Mariner operations.
    We do not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of United Launch Alliance's 
proposed activities, and we do not propose to authorize injury, serious 
injury or mortality. These species may exhibit behavioral 
modifications, including temporarily vacating the area during the 
proposed harbor maintenance and Delta Mariner operations to avoid the 
resultant acoustic and visual disturbances. Due to the nature, degree, 
and context of the behavioral harassment anticipated, the activities 
are not expected to impact rates of recruitment or survival. Further, 
these proposed activities would not take place in areas of significance 
for marine mammal feeding, resting, breeding, or calving and would not 
adversely impact marine mammal habitat.
    We have preliminarily determined, provided that United Launch 
Alliance carries out the previously described mitigation and monitoring 
measures, that the impact of conducting harbor activities related to 
the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force 
Base, CA, September 2012, through August 2013, may result, at worst, in 
a temporary modification in behavior and/or low-level physiological 
effects (Level B harassment) of small numbers of certain species of 
marine mammals.
    Based on the analysis contained here of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, have preliminarily determined that the total taking from the 
proposed activities will have a negligible impact on the affected 
species or stocks; and that impacts to affected species or stocks of 
marine mammals would be mitigated to the lowest level practicable.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    Section 101(a)(5)(D) of the Marine Mammal Protection Act also 
requires us to determine that the authorization will not have an 
unmitigable adverse effect on the availability of marine mammal species 
or stocks for subsistence use. There are no relevant subsistence uses 
of marine mammals in the study area (northeastern Pacific Ocean) that 
implicate section 101(a)(5)(D) of the Marine Mammal Protection Act.

Endangered Species Act (ESA)

    This action will not affect species listed under the Endangered 
Species Act that are under our jurisdiction. Vandenberg Air Force Base 
formally consulted with the U.S. Fish and Wildlife Service in 1998 on 
the possible take of southern sea otters during United Launch 
Alliance's harbor activities. The U.S. Fish and Wildlife Service issued 
a Biological Opinion in August 2001, which concluded that the program 
was not likely to jeopardize the continued existence of the southern 
sea otter, and that expected no injury or mortality. The activities 
covered by this proposed Incidental Harassment Authorization are 
analyzed in that Biological Opinion, and this Authorization does not 
modify the action in a manner that the U.S. Fish and Wildlife Service 
had not previously analyzed.

National Environmental Policy Act (NEPA)

    In 2001, the U.S. Air Force (Air Force) prepared an Environmental 
Assessment for Harbor Activities Associated with the Delta IV Program 
at Vandenberg Air Force Base. In 2005, we prepared an

[[Page 38595]]

Environmental Assessment augmenting the information contained in the 
Air Force's EA and issued a Finding of No Significant Impact on the 
issuance of an Incidental Harassment Authorization for United Launch 
Alliance's harbor activities in accordance with section 6.01 of the 
NOAA Administrative Order 216-6 (Environmental Review Procedures for 
Implementing the National Environmental Policy Act, May 20, 1999). 
United Launch Alliance's proposed activities and impacts for 2012-2013 
are within the scope of our 2005 Environmental Assessment and Finding 
of No Significant Impact. We have again reviewed the 2005 Environmental 
Assessment and determined that there are no new direct, indirect, or 
cumulative impacts to the human and natural environment associated with 
the Incidental Harassment Authorization requiring evaluation in a 
supplemental Environmental Assessment and we, therefore, intend to 
reaffirm the 2005 Finding of No Significant Impact.

Proposed Authorization

    As a result of these preliminary determinations, we propose to 
authorize the take of marine mammals incidental to United Launch 
Alliance's proposed harbor activities in the northeast Pacific Ocean, 
provided they incorporate the previously mentioned mitigation, 
monitoring, and reporting requirements. The duration of the Incidental 
harassment Authorization would not exceed one year from the date of its 
issuance.

Information Solicited

    We request interested persons to submit comments and information 
concerning this proposed project and our preliminary determination of 
issuing a take authorization (see ADDRESSES). Concurrent with the 
publication of this notice in the Federal Register, we will forward 
copies of this application to the Marine Mammal Commission and its 
Committee of Scientific Advisors.

    Dated: June 22, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-15889 Filed 6-27-12; 8:45 am]
BILLING CODE 3510-22-P