[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8111-8113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02447]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC478


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 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, 2013, through February 6, 2014.

ADDRESSES: The LOA and supporting documentation are available for 
review by writing to P. Michael Payne, Chief, Permits and Conservation 
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) 427-8401, or Monica DeAngelis, NMFS, (562) 980-
3232.

SUPPLEMENTARY INFORMATION:

[[Page 8112]]

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 (Public 
Law 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. In April 2011, the USAF requested a 
deviation from the precise language contained in the 2009 final rule 
regarding the annual number of missile and rocket launches. On February 
1, 2012 (77 FR 4917), NMFS issued final regulations that revised the 
number of missile and rocket launches that the USAF could conduct from 
VAFB on an annual basis. Instead of the 30 missile and 20 rocket 
launches authorized per year in 2009, the USAF's specified activity now 
includes 15 missile and 35 rocket launches per year. However, the total 
number of annual launches remains at 50. This regulatory amendment does 
not change the analyses of marine mammal impacts conducted in the 
original final rule. For detailed information on the USAF's activities 
and potential impacts, please refer to those documents. 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, 2013, through February 6, 
2014, 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 15 missiles and up to 35 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 may 
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 10, 2012, 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 2012 LOA
    In compliance with the 2012 LOA, VAFB submitted an annual report on 
the activities at VAFB, covering the period of December 1, 2011, 
through November 30, 2012. A summary of the 2012 report (MMCG and SAIC, 
2012) follows.
    During the reporting period covered by the 2012 report, there were 
a total of four launches from VAFB: two space vehicle launches and two 
missile launches. The dates, locations, and whether or not monitoring 
was required for the launches are summarized in Table 1 next.

                    Table 1--Summary of Space Vehicle and Missile Launches From VAFB in 2012
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            Vehicle                Date (2012)        Launch site                      Monitored
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Minuteman III GT-203GM........  25-Feb...........  LF-10............  No.
Delta IV NROL-25..............  3-Apr............  SLC-6............  Yes (boom and time-lapse only).
Atlas V NROL-36...............  13-Sep...........  SLC-3E...........  Yes (boom and acoustics only).

[[Page 8113]]

 
Minuteman III GT-206GM........  14-Nov...........  LF-10............  No.
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    The Delta IV launch occurred during the harbor seal pupping season, 
requiring monitoring on VAFB. Sonic boom modeling was conducted for 
both space vehicle launches. The modeling indicated that a sonic boom 
of greater than 1 lb/ft\2\ (psf) would occur at SMI as a result of the 
Atlas V launch, requiring acoustical and biological monitoring.
    Neither of the missile launches required monitoring at SMI because 
the westerly trajectory of these launches. Similarly, both missile 
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, 651 fixed-wing aircraft and helicopter 
operations were conducted from the VAFB airfield. Most of these 
consisted of training exercises involving ``touch and goes''. There 
were no observed impacts to pinnipeds from these activities.

Delta IV Launch (April 3, 2012)

    Counts of harbor seals done between March 26 and April 2, 2012, 
recorded from 2 to 111 adult and sub-adult seals. From 0 to 16 pups 
were observed, along with one California sea lion. One dead pup with 
wounds suggestive of a shark attack washed ashore on March 26. The next 
day, a dead, newly born pup with its umbilicus still attached was noted 
at one of the sites. Both sightings occurred prior to the actual 
launch. Post-launch counts ranged from 88 to 144 adult and sub-adult 
seals and from 8 to 12 pups. The 2-week follow-up count revealed up to 
154 adult and sub-adult harbor seals and up to 25 pups.
    Time-lapse video monitoring was conducted of this launch. The 
footage revealed that all 42 harbor seals hauled out at the monitoring 
location (First Ledge on south VAFB) were alerted by the noise and 
moved rapidly toward the sea. All but two scurried into the water. Up 
to 10 animals soon returned but went back in the ocean as the tide rose 
(MSRS, 2012).
    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.

Atlas V Launch (September 13, 2012)

    Biological monitoring for this launch was required at SMI, since 
the sonic boom models predicted overpressures in excess of 1 psf there. 
Monitoring for this launch was conducted at Cardwell Point. California 
sea lions, northern elephant seals, and Pacific harbor seals were 
present during the pre- and post-monitoring counts and on the day of 
the launch. No pups of any species were observed at this location. 
Counts on the days prior to the launch ranged from 209-912 for 
California sea lions, from 0-101 for northern elephant seals, and from 
0-35 for harbor seals. On the day of the launch, 186-240 sea lions, 50-
78 northern elephant seals, and 0-36 harbor seals were sighted. The 
same or higher numbers of sea lions and northern elephant seals were 
seen on the two days after the launch. No harbor seals were seen the 
following day, likely because of a very large surf with heavy surges 
and backwashes, preventing harbor seals from hauling out, although they 
were present just outside the breakers.
    No reactions were noted on the part of the sea lions and elephant 
seals to the sonic boom. Of the 36 harbor seals present at the time of 
the boom, 20 dashed into the water. They began returning to shore 
within 30 min of the launch.
    Acoustic monitoring was also conducted for this launch. The peak 
unweighted sound level was 122.8 dB re 20 [mu]Pa. During the 15 min 
before and the 15 min after the launch, the lowest ambient noise was 
82.7 dB re 20 [mu]Pa, while the highest sounds--not associated with the 
launch--were 113.1 dB re 20 [mu]Pa.
    In summary, there was no evidence of injury, mortality, or abnormal 
behavior of the monitored pinnipeds on SMI as a result of this launch.
Authorization
    The USAF complied with the requirements of the 2012 LOA, and NMFS 
has determined that the marine mammal take resulting from the 2012 
launches is within that analyzed in and anticipated by the associated 
regulations. Accordingly, NMFS has issued an 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 2012 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, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-02447 Filed 2-4-13; 8:45 am]
BILLING CODE 3510-22-P