[Federal Register Volume 60, Number 143 (Wednesday, July 26, 1995)]
[Notices]
[Pages 38308-38309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18311]
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DEPARTMENT OF COMMERCE
[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 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's launch vehicles (LLVs)
at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, CA (VAFB)
has been issued.
EFFECTIVE DATE: This authorization is effective from July 18, 1995
until July 18, 1996.
ADDRESSES: The application and authorization 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, Marine Mammal
Division, Office of Protected Resources at 301-713-2055, or Craig
Wingert, Southwest Regional Office at 301-980-4021.
SUPPLEMENTARY INFORMATION:
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 receive an
authorization, without regulations, to incidentally take small numbers
of marine mammals by harassment. 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 after the comment period, NMFS must either
issue, or deny issuance, of the authorization.
On March 13, 1995, NMFS received an application from Lockheed
requesting an authorization for the harassment of small numbers of
harbor seals (Phoca vitulina) incidental to LLV launches at SLC-6,
VAFB. 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 two LLVs during
the period of this proposed 1-year authorization (Air Force,
1995)1. The noise associated with the launch itself and the
resultant sonic boom have the potential to cause a startle response to
harbor seals that haul out on the coastline south and southwest of VAFB
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 potentially could be heard on the Channel
Islands, specifically San Miguel Island (SMI) and Santa Rosa Island.
\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 May 10, 1995 (60 FR 24840) and a 30-day
public comment period was provided on the application and proposed
authorization. During the comment period, one comment was received. The
Marine Mammal Commission recommended that NMFS (1) determine whether
additional marine mammals should be included in the authorization; (2)
justify the conclusion that no harbor seals, including pups, would be
killed or seriously injured during launches; and (3) demonstrate that
only small numbers of harbor seals or other marine mammals would be
taken. These recommendations are discussed in detail below. 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.
1. Determine whether additional marine mammals should be included
in the authorization. While there are approximately 29 species of
cetaceans and 6 species of pinnipeds that have the potential to be
under the flight path of the LLV and thereby subject to hearing either
launch or sonic boom noise, only harbor seals are expected to haul out
along the coast at VAFB and be subject to taking by harassment. Launch
noises, which are predicted to be about 93 dBA (118 dB) at the
principal haulout at Rocky Point, are expected to be almost
unnoticeable offshore. In order to be detectable by a marine mammal,
noise needs to be greater than ambient within the same frequency band
as the animal's hearing range. With launch noises attenuating to
approximately 85 dBA within 2.5 km offshore, and ambient noise level
expected to range between 56 and 96 dBA (Lockheed, 1995), there is no
scientific evidence that any marine mammals, other than harbor seals
onshore at the time of launch, would be subject to harassment by launch
noises, although the potential does exist that other marine mammal
species may hear the launch noise.
Sonic booms resulting from launches of the LLV vary with the type
of vehicle, vehicle trajectory and the specific ground location. Sonic
booms are not expected to intersect with the ocean surface until the
vehicle changes its launch trajectory. This location will vary
depending upon the LLV type, but will be well offshore. 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 approximately 37 miles from the launch site, in open
water southwest of the Channel Islands.
The maximum magnitude of sonic booms from launches of the LLV-1
(6.3 lb/ft2 (psf)/130.7.6 dB), LLV-2 (3.5 psf/125.6 dB) and the
LLV-3 (3.5 psf/125.6 dB), as predicted by Lockheed, will be less than
those measured for other launch vehicles, such as the Titan IV and the
Space Shuttle (10 psf), for
[[Page 38309]]
which small take authorizations for harassment have been issued
previously (see 56 FR 41628, August 22, 1991 and 51 FR 11737, April 7,
1986). 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 over the islands are 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).
Furthermore, as the expected noise level is well below the threshold
response criteria of 101.8 dBA identified during previous research on
harbor seal behavior resulting from sonic booms (Stewart et al., 1993),
and as harbor seals have shown themselves to be more sensitive to noise
than other species of seals and sea lions (Bowles and Stewart, 1980)
and, therefore, more likely to flee to the water than other pinniped
species, there is no evidence that either harbor seals or other
pinniped species on the Channel Islands would be impacted by sonic
booms from LLVs. However, to ensure that this assumption is valid, NMFS
will require acoustic monitoring of the first launch of each type of
LLV that takes place at the same time that pinnipeds are hauled out on
SMI to determine sound pressure levels. If noise levels exceed the
predicted levels, and/or there are indications that pinnipeds responded
to the sonic booms, Lockheed will be requested to seek a modification
to its authorization to include pinnipeds on the Channel Islands.
Cetaceans and pinnipeds in the water should also be unaffected by
the sonic booms, although, depending upon location and ambient noise
levels, they may be able to hear the sonic boom. First, sound entering
a water surface at an angle greater than 13 degrees from the vertical
has been shown to be largely deflected at the surface with very little
sound entering the water (Chappell, 1980; Richardson et al., 1991),
although rough seas may provide some surfaces at the proper angle for
penetration (Richardson et al., 1991). As this area is relatively
small, the chance that a marine mammal would be within it and thereby
capable of hearing the sonic boom is low. Also, Chappell (1980)
believes that a sonic boom would need to have a peak overpressure in
the range of 138 to 169 dB to cause a temporary hearing threshold shift
(TTS) in marine mammals, lasting at most a few minutes. Therefore, with
the likelihood that a marine mammal will be directly under the line of
flight of the LLV being remote, and with the LLVs having overpressures
below the threshold for potentially causing TTS in marine mammals, NMFS
believes that sonic booms are not likely to result in the harassment of
cetacean or pinniped populations in offshore southern California.
2. Justify the conclusion that no harbor seals, including pups,
would be killed or seriously injured during launches. NMFS is not aware
of any Titan IV launchings by the U.S. Air Force during the harbor seal
pupping season (February through end of May (post-weaning)); direct
observations to conclude whether harbor seal pups would be incidentally
killed or seriously injured during launches or not is therefore not
available. However, several studies on other pinniped species support
this assumption. First, Stewart (1981, 1982) exposed breeding
California sea lions and northern elephant seals on San Nicolas Island
to loud implosive noises created by a carbide pest control cannon.
Sound pressure levels varied from 125.7 to 146.9 dB. While behavioral
responses of each species varied by sex, age, and season, Stewart found
that habitat use, population growth, and pup survival of both species
appeared unaffected by periodic exposure to the noise. In addition,
while monitoring the August 2, 1993, Titan IV launch, Stewart et al.
(1993) reported that the rocket explosion created a sonic boom-like
pressure wave that caused approximately 45 percent of the California
sea lions (approximately 23,400, including 14 to 15 thousand 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.
After forming rafts offshore, most animals returned to shore within 2
hours of the disturbance (Stewart et al., 1993). However, to ensure
that no harbor seals (or other pinnipeds) are killed or seriously
injured by launchings of LLVs, monitoring of 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 VAFB location, and on the
northern part of SMI during the 1-year period of authorization will be
required.
3. Demonstrate that only small numbers of harbor seals or other
marine mammals would be taken. Based upon the information discussed
above, NMFS believes that only those harbor seals hauled out along the
coast of VAFB at the time of either of the two planned launches could
potentially be taken by harassment. As the population at this haulout
numbers fewer than 500 animals at the peak haulout time of the year
(Lockheed, 1995), and as only a portion of the population is expected
to react to launch noises, NMFS considers that this authorization will
result in the taking by harassment of only a small number of harbor
seals and have a negligible impact on the species.
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, 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.
Dated: July 19, 1995.
Patricia A. Montanio,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 95-18311 Filed 7-25-95; 8:45 am]
BILLING CODE 3510-22-F
