[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Notices]
[Pages 38437-38439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18791]
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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 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 to take small numbers of harbor seals by
harassment incidental to launches of Lockheed-Martin's launch vehicles
(LMLVs) at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base,
CA (Vandenberg) has been issued.
EFFECTIVE DATE: This authorization is effective from July 18, 1996
through July 17, 1997.
[[Page 38438]]
ADDRESSES: The application, authorization and list of references used
in this determination are available for review in 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.
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
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.
The MMPA Amendments of 1994 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. 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
LMLVs at SLC-6, Vandenberg. These launches would place commercial
payloads into low earth orbit. Because of the requirements for
circumpolar trajectories of the LMLV and its payloads, the use of SLC-6
is the only feasible alternative for LMLV launches 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 which 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.
Comments and Responses
A notice of receipt of the application and the proposed
authorization was published on May 2, 1996 (61 FR 19609) and a 30-day
public comment period was provided on the application and proposed
authorization. During the comment period, two letters were received.
The comments contained in these letters are addressed below. Other than
information necessary to respond to the comments, additional background
information on the activity and request can be found in the proposed
authorization notice and previous notices (60 FR 24840, May 10, 1995;
60 FR 38308, July 26, 1995) on LMLV launches. Therefore this
information is not repeated here. These documents are available from
NMFS (see ADDRESSES).
Comment 1: The Marine Mammal Commission (MMC) recommended that NMFS
obtain and assess the monitoring results from the 1995 authorization to
determine whether the conclusions made are justified.
Response 1: On August 15, 1995, Lockheed launched an LLV-1 rocket
from SLC-6. Monitoring by population census, still photography, and
video taping, indicated that, as expected, the launch noise produced a
startle and flight response in hauled-out harbor seals at and near
Rocky Point. Populations on beaches used for hauling out were reduced
from approximately 191 animals to 21 animals during the day of the
launch, as a result of launch activities, but returned to pre-launch
status (193 harbor seals) by the morning following the launch (Pollard
1995).
The intensity of sonic booms from the LMLV, which are predicted to
impinge on San Miguel Island at less than 60 dBA, are close enough to
ambient noise that they are not expected to cause any disturbances of
pinnipeds inhabiting the Channel Islands. During the launch of the
first (and only) LLV, no evidence of disturbance to the rookery on San
Miguel Island was observed immediately following the arrival of the
sonic boom created by the rocket (Howorth 1995).
Comment 2: The MMC recommended that NMFS require that any marine
mammal mortalities or serious injuries, or possible mortalities or
injuries, be reported immediately.
Response 2: NMFS agrees and has conditioned the incidental
harassment authorization accordingly.
Comment 3: The MMC recommended that NMFS and the Air Force consult
to determine whether authorization under section 101(a)(5)(A) would be
more appropriate than annual authorizations for each launch vehicle.
Response 3: Several previous authorization notices have noted that
NMFS anticipates that 1-year authorizations for each rocket type will
be replaced in the near future by a new set of regulations, under
section 101(a)(5)(A) of the MMPA, governing incidental takes of marine
mammals by launches of all rocket types from Vandenberg. An application
for a small take authorization under section 101(a)(5)(A) of the MMPA
is presently in preparation by the Air Force.
Comment 4: Save Our Coast was concerned about the adverse effect of
increasing rocket launches from Vandenberg on harbor seals and
considered monitoring to be of utmost importance.
Response 4: Monitoring continues to be required for this and all
incidental harassment authorizations for activities at Vandenberg.
Under the proposed programmatic authorization mentioned in Response 3,
cumulative impacts by all rocket launches at Vandenberg will need to be
addressed.
Conclusion
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, would have only a negligible impact on the
species, and would result in the least practicable impact on the stock,
NMFS has determined that the requirements of section 101(a)(5)(D) have
been met and the authorization can be issued.
Authorization
For the above reasons, NMFS has issued an incidental harassment
authorization for 1 year for the above described activity provided the
above
[[Page 38439]]
mentioned mitigation, monitoring and reporting requirements are
undertaken.
Dated: July 17, 1996.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 96-18791 Filed 7-23-96; 8:45 am]
BILLING CODE 3510-22-F
