[Federal Register Volume 61, Number 226 (Thursday, November 21, 1996)]
[Notices]
[Pages 59218-59220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29738]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 110196B]
Small Takes of Marine Mammals Incidental to Specified Activities;
McDonnell Douglas Aerospace Delta II Vehicles at Vandenberg Air Force
Base, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) to take small numbers of harbor seals,
California sea lions, and northern elephant seals by harassment
incidental to launches of McDonnell Douglas Aerospace Delta II (MDA
Delta II) vehicles at Space Launch Complex 2W
[[Page 59219]]
(SLC-2W), Vandenberg Air Force Base, CA (Vandenberg) has been issued to
the U.S. Air Force.
EFFECTIVE DATE: This authorization is effective from November 13, 1996
until November 13, 1997.
ADDRESSES: The application, comments on the application, the
authorization, and a list of the references used in this document, and/
or previous Federal Register notices on this activity may be obtained
by writing to the following offices: Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910 and the Southwest Region, NMFS, 501 West Ocean Blvd. Long Beach,
CA 90802, or by telephoning one of the contacts listed below.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Marine Mammal
Division, Office of Protected Resources at 301-713-2055, or Irma
Lagomarsino, Southwest Regional Office at 301-980-4016.
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 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. Permission may be granted if NMFS finds that the taking will
have a negligible impact on the species or stock(s), will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses, and the permissible methods of taking
and requirements pertaining to the monitoring and reporting of such
taking are set forth.
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which U.S. citizens can apply for an authorization to
incidentally take small numbers of marine mammals by harassment for a
period of up to 1 year. The MMPA defines ``harassment'' as:
* * *any act of pursuit, torment, or annoyance which (a) has
the potential to injure a marine mammal or marine mammal stock in
the wild; or (b) 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.
Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS
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
comment period, NMFS must either issue or deny issuance of the
authorization.
Summary of Request
On July 17, 1996, NMFS received an application from the U.S. Air
Force requesting continuation of an authorization for the harassment of
small numbers of harbor seals and potentially for other pinniped
species incidental to launches of Delta II vehicles at SLC-2W,
Vandenberg. These launches would place Department of Defense, National
Aeronautics and Space Administration (NASA), and commercial medium-
weight payloads into polar or near-polar orbits. MDA/NASA intends to
launch up to 10 Delta IIs during the period of this proposed 1-year
authorization.
Because SLC-2W is located north of most other launch complexes at
Vandenberg, and because there are oil production platforms located off
the coast to the south of SLC-2W, missions flown from SLC-2W cannot fly
directly on their final southward course. The normal trajectory for a
SLC-2W launch is 259.5 deg. west for the first 90 seconds, then a 41-
second dog-leg maneuver to bring the vehicle on its southward course of
196 deg.. This trajectory takes the launch vehicle away from the coast
and nearly 30 mi west of San Miguel Island (SMI), the westernmost
Channel Island (Air Force 1995b)1.
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\1\ A list of references used in this document can be obtained
by writing to the address provided above (see ADDRESSES).
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A notice of receipt of the application and the proposed
authorization was published on August 29, 1996 (61 FR 45404) and a 30-
day public comment period was provided on the application and proposed
authorization. During the comment period, two letters were received.
The recommendation and comment contained in the letter from the Marine
Mammal Commission (MMC) is discussed below, comments from the applicant
are minor technical corrections to the proposed authorization and do
not warrant further discussion. These letters are available upon
request (see ADDRESSES). Other than information necessary to respond to
the comments, additional background information on the activity and
request can be found in the above-mentioned notice and needs not be
repeated here.
Comments and Responses
Comment 1: The MMC recommends that, before issuing the requested
authorization, NMFS review the results of monitoring done to date to
determine (1) if there may have been cumulative effects on the haul-out
patterns, abundance, or productivity of harbor seals that reside in the
Vandenberg area, and (2) whether the current monitoring program is
sufficient to detect such effects.
Response: By limiting incidental harassment authorizations to a
single year as opposed to multi-year authorizations for Letters of
Authorization (LOAs) issued under section 101(a)(5)(A) of the MMPA,
NMFS does not believe that Congress intended NMFS to make negligible
impact assessments on activities for periods greater than the period of
the authorization, nor to require holders of IHAs to monitor for
periods greater than the authorization. As a result, monitoring for
most activities holding IHAs are designed to be event specific, that
is, for a period of time prior to the event, during the event, and
after completion of the activity. Although this precludes the
applicability of monitoring under a single IHA for determining long-
term cumulative effects, in those cases where holders of IHAs request
continuing authorizations, monitoring, over time and in conjunction
with other measurements of population trends and abundances, provides
information sufficient to make the necessary negligible impact
determinations under section 101(a)(5)(D) of the MMPA. This is what was
done for the negligible impact determination for this authorization.
Recognizing that short-term monitoring leaves unanswered the effect
from cumulative impacts, the U.S. Air Force is designing research to
investigate this concern. This research will use launches of Titan IVs
to provide information vital for assessing long-term impacts on the
physiology, behavior and survival of pinnipeds from launch noise and
sonic booms. This research which will be conducted under an MMPA
section 104 research permit, is expected to begin within a year.
Therefore, while NMFS is unaware of any long-term studies currently
underway on the effects on pinnipeds from launch noises or sonic booms,
monitoring at Vandenberg for Titan IV and other launches in the past
has provided the baseline information on long-term and cumulative
impacts. This information and the fact that the haul-outs along the
Vandenberg coast remain active indicates that there are no immediately
evident long-term, cumulative impacts. Launch noises are infrequent
enough and divided between North and South Vandenberg so that these
impacts are presumed to be less
[[Page 59220]]
significant, cumulatively, than human, wildlife and pet disturbances
including motorized vessels.
Comment 2: The MMC states that it should be made clear that the
authorization is automatically rescinded if a marine mammal is killed
as a result of the authorized activity.
Response: No marine mammals are anticipated to be killed or
seriously injured as a result of launchings of Delta II rockets.
However, while section 101(a)(5)(D)(iv) of the MMPA provides NMFS
authority to modify, suspend, or revoke an authorization if it is found
that the provisions of the section are not being met, for IHA
suspensions, NMFS follows procedures established for suspension of
Letters of Authorization (LOAs) under section 101(a)(5)(A) of the MMPA.
In that regard, an IHA may be suspended without notice and comment if
emergency conditions exist that pose a significant risk to the well-
being of the marine mammal stock, or if holder of an IHA is not in
compliance with the conditions of the IHA. However, prior to revocation
of an IHA, NMFS must satisfy the statutory notice and comment
requirement. While section 101(a)(5)(B) allows NMFS to withdraw
(revoke) or ``suspend for a time certain'' an LOA, subsequent to notice
and comment, section 101(a)(5)(C) does not waive the notice and comment
requirement where NMFS seeks to withdraw the authorization. Conditions
for suspension or withdrawal of an LOA or IHA are described in 50 CFR
216.106 and 107.
Conclusion
Based upon the information provided in the proposed authorization,
NMFS has determined that the short-term impact of the launching of
Delta II rockets is expected to result at worst, in a minor, temporary
reduction in utilization of the haulout as seals or sea lions leave the
beach for the safety of the water. These launchings are not expected to
result in any reduction in the number of pinnipeds, and they are
expected to continue to occupy the same area. In addition, there will
not be any impact on the habitat itself. Based upon studies conducted
for previous space vehicle launches at Vandenberg, significant long-
term impacts on pinnipeds at Vandenberg and the northern Channel
Islands are unlikely.
Therefore, since NMFS is assured that the taking will not result in
more than the harassment (as defined by the MMPA Amendments of 1994) of
a small number of harbor seals, California sea lions, and northern
elephant seals; would have only a negligible impact on the species, and
would result in the least practicable impact on the stock, NMFS
determined that the requirements of section 101(a)(5)(D) had been met
and the incidental harassment authorization was issued.
Dated: November 13, 1996.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 96-29738 Filed 11-20-96; 8:45 am]
BILLING CODE 3510-22-F
