[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Notices]
[Pages 19609-19610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10867]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 042696B]
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 the U.S. Air Force for
continuation of an authorization to take small numbers of harbor seals
by harassment incidental to launches of Lockheed launch vehicles (LLVs)
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 continue to authorize the
incidental take, by harassment, of 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 3,
1996.
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 previous Federal Register notices on this
action 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 Irma Lagomarsino, Southwest
Regional Office at 310-980-4016.
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.
Public Law 103-238, the Marine Mammal Protection Act Amendments of
1994, 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 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.''
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 April 1, 1996, NMFS received an application from the U.S. Air
Force, Vandenberg, requesting continuation of an authorization for the
harassment of small numbers of harbor seals incidental to launches of
LLVs 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. 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 that haul out on the coastline south and southwest of Vandenberg
and may be detectable to marine mammals west of the 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 west
of the Channel Islands.
Description of Habitat and Marine Mammals Affected by LLVs
The only marine mammal anticipated to be incidentally harassed by
LLV launches is the harbor seal (Phoca vitulina). A description of the
Southern California Bight population of harbor seals was provided on
May 10, 1995 (60 FR 24840) in conjunction with publication of the
previous notice of application for this activity. Interested reviewers
are encouraged to refer to that document for the appropriate
discussion. This document is available from NMFS (see ADDRESSES).
Potential Effects of LLV Launches on Marine Mammals
The effect on harbor seals would be disturbance by sound which is
anticipated to result in a negligible short-term impact to small
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. Detailed descriptions of the expected impact
from rocket launches on harbor seals and other marine mammals have been
provided in previous notices (60 FR 24840, May 10, 1995; 60 FR 38308,
July 26, 1995; 60 FR 43120, August 18, 1995; 60 FR 52653, October 10,
1995; and 61 FR 10727, March 15, 1996) and are not repeated here. These
documents are available from NMFS (see ADDRESSES).
Conclusions
Based upon information provided by the applicant, and previous
reviews of the incidental take of harbor seals by this activity, NMFS
believes that the short-term impact of the launching of
[[Page 19610]]
LLVs is 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 harbor 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 are unlikely.
Proposed Authorization
NMFS proposes to issue an incidental harassment authorization for 1
year for launches of LLVs at SLC-6 provided the monitoring and
reporting requirements currently in effect are continued. NMFS has
preliminarily determined that the proposed launches of LLVs 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 for
subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: April 25, 1996.
Patricia A. Montanio,
Acting Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 96-10867 Filed 5-1-96; 8:45 am]
BILLING CODE 3510-22-F
