[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24840-24843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11537]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050195E]
Small Takes of Marine Mammals Incidental to Specified Activities;
Lockheed Launch Vehicles at Vandenberg Air Force Base, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
a small take exemption; request for comments.
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SUMMARY: NMFS has received a request from Lockheed Environmental
Systems and Technologies Company, Las Vegas, NV (Lockheed) for
authorization to take small numbers of harbor seals by harassment
incidental to launches of Lockheed's launch vehicles at Space Launch
Complex 6 (SLC-6), Vandenberg Air Force Base, CA (Vandenberg). Under
the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on
its proposal to authorize Lockheed to incidentally take, by harassment,
small numbers of harbor seals in the vicinity of Vandenberg for a
period of 1 year.
DATES: Comments and information must be received no later than June 9,
1995.
ADDRESSES: Comments on the application should be addressed to Chief,
Marine Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. A
copy of the application and the references used in this document may be
obtained by writing to this address or by telephoning one of the
contacts listed below.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources at 301-713-2055, or Craig Wingert, Southwest
Regional Office at 310-980-4021.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce 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.
On April 30, 1994, the President signed Public Law 103-238, The
Marine Mammal Protection Act Amendments of 1994. One part of this law
added a new subsection 101(a)(5)(D) to the MMPA to establish 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. 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 [[Page 24841]] stock in the wild by causing disruption of
behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering.''
New 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 March 13, 1995, NMFS received an application from Lockheed
requesting an authorization for the harassment of small numbers of
harbor seals incidental to launches of Lockheed's launch vehicles (LLV)
at SLC-6, Vandenberg. These launches would place commercial payloads
into low earth orbit using its family of vehicles (LLV-1, LLV-2 and
LLV-3). Because of the requirements for circumpolar trajectories of the
LLV and its payloads, the use of SLC-6 is the only feasible alternative
within the United States. Lockheed intends to launch approximately 2
LLVs during the period of this proposed 1-yr authorization (Air Force,
1995)1. As a result of the noise associated with the launch itself
and the resultant sonic boom, these noises have the potential to cause
a startle response to those harbor seals which haul out on the
coastline south and southwest of Vandenberg and possibly on the
northern Channel Islands. Launch noise would be expected to occur over
the coastal habitats in the vicinity of SLC-6 while low-level sonic
booms could be heard on the Channel Islands, specifically San Miguel
Island (SMI) and Santa Rosa Island (SRI).
\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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Description of Habitat and Marine Mammal Affected by LLVs
The Southern California Bight (SCB) including the Channel Islands,
support a diverse assemblage of pinnipeds (seals and sea lions).
California sea lions(Zalophus californianus), northern elephant seals
(Mirounga angustirostris), harbor seals (Phoca vitulina) and northern
fur seals (Callorhinus ursinus) breed there, with the largest rookeries
on SMI and San Nicolas Island (Stewart et al., in press). Until 1977, a
small rookery of Steller sea lions (Eumetopias jubatus) existed on SMI.
However, there has been no breeding there since 1981 and no sightings
since 1984 (Stewart et al., in press). Guadalupe fur seals
(Arctocephalus townsendi) breed only on Isla de Guadalupe offshore Baja
California, Mexico, but occasionally some are seen on the Channel
Islands. More detailed descriptions of the SCB and its associated
marine mammals can be found elsewhere (56 FR 1606, January 16, 1991).
Harbor Seals
The Pacific harbor seal, which ranges from Baja California to the
eastern Aleutian Islands, is the only marine mammal expected to be
incidentally harassed by LLV launches from Vandenberg and therefore
needs to be discussed in some detail. Harbor seals are considered
abundant throughout most of their range and have increased
substantially in the last 20 years. Hanan and Beeson (1994) reported
18,099 seals counted on the mainland coast and islands of California
during May and June, 1993. Using that count and Boveng's (1988)
correction factor (1.4 times the count) for animals not hauled out,
gives a best population estimate of 25,339 harbor seals in California.
On the coastlines of South Vandenberg AFB, harbor seals are noted
near Point Arguello, at the mouth of Oil Well Canyon, in the area
surrounding Rocky Point and near the Boathouse Breakwater (Air Force,
1995). The largest aggregations occur during the spring and early
summer. In 1986, 500 harbor seals were censused at these sites (Hanan
et al., 1987). In the spring, approximately 70 harbor seals may be
found at Rocky Point, immediately south of SLC-6 (Air Force, 1995).
On SMI during the breeding season, the population is estimated to
be about 1,000 - 1,200 harbor seals (Hanan et al., 1993). Numbers are
lowest in December, increase gradually from February to June, then
sharply decrease again to a minimum in December. Pups are born from
February through May. Pups nurse for about 4 weeks; nursing extends to
at least the end of May. Breeding activities occur from mid-April to
mid-June.
Harbor seals haulout onto dry land for various biological reasons,
including sleep (Krieber and Barrette, 1984; Terhune, 1985), predator
avoidance and thermoregulation (Barnett, 1992). As harbor seals spend
most of the evening and nighttime hours in the ocean (Bowles and
Stewart, 1980), hauled-out seals spend much of their daytime hours in
apparent sleep (Krieber and Barrette, 1984; Terhune, 1985). In addition
to sleep, seals need to leave the ocean to avoid aquatic predators and
excessive heat loss to the sea water (Barnett, 1992).
However, the advantages of hauling out are counterbalanced by
dangers of the terrestrial environment including predators. In general,
because of these opposing biological forces, haulout groups are
temporary, unstable aggregations (Sullivan, 1982). The size of the
haulout group is thought to be an anti-predator strategy (da Silva and
Terhune, 1988). By increasing their numbers at a haulout site, harbor
seals optimize the opportunities for sleep by minimizing the
requirement for individual vigilance against predators (Krieber and
Barrette, 1984). This relationship between seals and their predators is
thought to have represented a strong selection pressure for startle
behavior patterns (da Silva and Terhune, 1988). As a result, harbor
seals, which have been subjected to extensive predation or hunting,
rush into the water at the slightest alarm. Startle response in harbor
seals can vary from a temporary state of agitation by a few individuals
to the complete abandonment of the beach area by the entire colony.
Normally, when harbor seals are frightened by noise, or the approach of
a boat, plane, human, or other potential predator, they will move
rapidly to the relative safety of the water. Depending upon the
severity of the disturbance, seals may return to the original haulout
site immediately, stay in the water for some length of time before
hauling out, or haulout in a different area. When disturbances occur
late in the day, harbor seals may not haulout again until the next day.
Disturbances have the potential to cause a more serious effect when
herds are pupping or nursing, when aggregations are dense, and during
the molting season. However, evidence to date has not indicated that
anthropogenic disturbances have resulted in increased mortality to
harbor seals. Bowles and Stewart (1980) for example, found that harbor
seals tendency to flee, and the length of time before returning to the
beach, decreased during the pupping season. They also found that
maternal-pup separations in crowded colonies are considered frequent,
natural occurrences that can result from several causes, including
normal female-female or male-female interactions. Both factors
apparently giving some protection to young seals from the startle
response of the herd.
Potential Effects of LLV Launches on Marine Mammals
The effect on pinnipeds, particularly harbor seals, would be
disturbance by sound which is anticipated to result in a negligible
short-term impact to small [[Page 24842]] numbers of harbor seals that
are hauled out at the time of LLV launches. No impacts are anticipated
to animals that are in the water at the time of launch.
The Air Force funded several studies in anticipation of launching
the space shuttle from Vandenberg. In addition, monitoring studies have
been conducted on pinnipeds during launches of the Titan IV at SLC-4
(Stewart and Francine, 1992; Stewart et al., 1992 and 1993). On SMI,
time-lapse photographic monitoring (Jehl and Cooper, 1982) show that in
response to a specific stimulus, large numbers of pinnipeds move
suddenly from the shoreline to the water. These events occur at a
frequency of about 24 to 36 times per year for sea lions and seals
other than harbor seals, and about 48 to 60 times annually for harbor
seals. Visual stimuli such as humans and low-flying aircraft are much
more likely to elicit this response than strictly auditory stimuli such
as boat noise or sonic booms, which currently occur about 8 times a
month. Observations indicated that it is rare for mass movement to take
place in a panic, and no resulting pup or adult mortality has been
observed under these circumstances.
South Vandenberg
At South Vandenberg, launch noises are expected to impact only
harbor seals as other marine mammals are not known to haulout at these
sites with any frequency. The launch noise associated with the LLV
under typical conditions would be about 93 dBA (118 dB) at the harbor
seal haul-out areas which are about 1.5 mi (2.4 km) to the south and
southwest of SLC-6 (Buhaly, 1993). This level would be much less than
anticipated launch noises of either the Space Shuttle or Titan IV/
Centaur at similar distances (approximately 120 dBA/144 dB for Titan
IV) for which small take authorizations have been issued in the past.
In addition, the seaward aspects of the cliffs throughout much of the
coastal area are expected to buffer the haul-out areas from launch
noises during the earliest stages of LLV launches (USAF, 1995).
As part of the small take authorization for Titan IV launches at
SLC-4 (approximately 4.8 mi (7.7 km) north of Rocky Point), the U.S.
Air Force has monitored the effects of launch noises on hauled out
harbor seals (Stewart and Francine, 1992; Stewart et al., 1992 and
1993). For four monitored launches, the sound exposure level ranged
from 98.7 - 101.8 dBA (145 dB) (Stewart et al., 1993), a noise level
that is similar to an F-16 jet overflight, although lower in frequency.
This sound pressure level is approximately 20 dB less than predicted
theoretically.
During the 1992 and 1993 Titan IV launches, all or almost all,
harbor seals that were ashore (1992-23 of 28; 1993-41 of 41) at the
time fled into the water in response to the noise. In 1993 about 75
percent of those seals returned ashore later that day, most within 90
minutes of the disturbance (Stewart et al., 1993). No mortalities were
reported at South Vandenberg as a result of any of the four monitored
launches. As the LLV launches create less noise than the Titan IV,
fewer harbor seals are expected to react to the launch noise.
Northern Channel Islands
Depending upon the intensity and location of a sonic boom,
pinnipeds on SMI or SRI may exhibit an alert response or stampede into
the water. However, while it is highly probable that focused sonic
booms from LLVs would occur over the Channel Islands, maximum
overpressures of these sonic booms are estimated to be 1.0 pound/
foot2 (psf) over the northern part of SMI (Air Force, 1995). A
sonic boom with an overpressure of 1.0 psf or less is not considered
significant (equivalent to hearing two hands clapped together at a
distance of one foot).
The sonic booms resulting from launches of the LLV will vary with
the type of vehicle and the specific ground location. For example, the
sonic boom from LLV-3 (the largest of the LLV rockets) is not expected
to intersect any portion of the northern Channel Islands, but instead
will focus on the open water southwest of the Islands. Also, while it
is predicted that launches of the LLV 1 and LLV 2 will produce sonic
booms over portions of the Channel Islands, the maximum overall sound
pressure levels is not expected to exceed 80 dBA and in most cases will
not exceed 70 dBA (Air Force, 1995). These sonic boom levels are likely
to be indistinguishable from background noises caused by wind and surf
(Air Force, 1995).
Monitoring of the effects of noise generated from Titan IV launches
on SMI pinnipeds in 1991 (Stewart et al., 1992) demonstrated that noise
levels from a sonic boom of 133 dB (111.7 dBA) caused an alert response
by small numbers of California sea lions, but no response from other
pinniped species present (including harbor seals). In 1993, an
explosion of a Titan IV created a sonic boom-like pressure wave and
caused approximately 45 percent of the California sea lions
(approximately 23,400, including 14-15,000 1-month old pups, were
hauled-out on SMI during the launch) and 2 percent of the northern fur
seals to enter the surf zone. Although, approximately 15 percent of the
sea lion pups were temporarily abandoned when their mothers fled into
the surf, no injuries or mortalities were observed. Most animals were
returning to shore within 2 hours of the disturbance (Stewart et al.,
1993).
Since the noise level from LLV launches is expected to be well
below both these levels and the threshold criteria of 101 dBA
identified by Stewart et al. (1993), no incidental harassment takings
are anticipated to occur on the northern Channel Islands.
Mitigation
Unless constrained by other factors including but not limited to,
human safety, national security or launch trajectories, efforts to
ensure minimum negligible impacts of LLV launches on harbor seals and
other pinnipeds are proposed for inclusion in the Incidental Harassment
Authorization. These proposals include:
1. Avoidance whenever possible of launches during the harbor seal
pupping season of February through May;
2. Preference for launches after June 1 and prior to December 1;
and,
3. Preference for night launches during the period when harbor
seals are hauled out in any numbers.
Monitoring
NMFS proposes that the Holder of the Incidental Harassment
Authorization will monitor the impact of LLV launches on the harbor
seal haulouts at Rocky Point or in the absence of harbor seals at that
location, at another South Vandenberg location, and on the northern
part of SMI during the 1-year period of authorization in order to
verify the assumptions made in this finding. A report on this
monitoring program will be required to be submitted prior to next
year's authorization request. A determination will be made at that time
on the need to continue monitoring future launches at these locations.
Conclusions
The short-term impact of the launching of LLVs are expected to
result at worst, in a temporary reduction in utilization of the haulout
as seals leave the beach for the safety of the water. The launching is
not expected to result in any reduction in the number of seals, 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 harbor seals at Vandenberg and the
northern Channel Islands are unlikely. [[Page 24843]]
There is no known recent subsistence use of harbor seals in
southern California.
Proposed Authorization
NMFS proposes to issue an incidental harassment authorization for 1
year for launches of the LLV at SLC-6 provided the above mentioned
monitoring and reporting requirements are incorporated. NMFS has
preliminarily determined that the proposed launches of the LLV at SLC-6
would result in the harassment taking of only small numbers of harbor
seals, will have a negligible impact on the harbor seal stock and will
not have an unmitigable adverse impact on the availability of this
stock for subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: May 4, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 95-11537 Filed 5-9-95; 8:45 am]
BILLING CODE 3510-22-F
