95-20545. Small Takes of Marine Mammals Incidental to Specified Activities; McDonnell Douglas Aerospace Delta II Vehicles at Vandenberg Air Force Base, CA  

  • [Federal Register Volume 60, Number 160 (Friday, August 18, 1995)]
    [Notices]
    [Pages 43120-43124]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-20545]
    
    
    
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    DEPARTMENT OF COMMERCE
    National Oceanic and Atmospheric Administration
    [I.D. 081195B]
    
    
    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 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 
    authorization to take small numbers of harbor seals by harassment 
    incidental to launches of McDonnell Douglas Aerospace (MDA) Delta II 
    (Delta II) vehicles at Space Launch Complex 2W (SLC-2W), Vandenberg Air 
    Force Base, CA (Vandenberg). Under the Marine Mammal Protection Act 
    (MMPA), NMFS is requesting comments on its proposal to authorize the 
    Air Force to incidentally take, by harassment, small numbers of harbor 
    seals, California sea lions and northern elephant seals in the vicinity 
    of Vandenberg for a period of 1 year.
    
    DATES: Comments and information must be received no later than 
    September 18, 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, a list of the references used in this 
    document, or the programmatic environmental assessment (EA), 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 for a period of up to one 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 July 12, 1995, NMFS received an application from the U.S. Air 
    Force requesting 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 four to five 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 degrees west for the first 90 seconds, then a 
    41-second dog-leg maneuver to bring the vehicle on its southward course 
    of 196 degrees. This trajectory takes the launch vehicle away from the 
    coast and nearly 30 miles (mi) west of San Miguel Island (SMI), the 
    westernmost Channel Island (Air Force, 1995b)1.
    
        \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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        As a result of the noise associated with the launch itself, there 
    is a potential to cause a startle response to those harbor seals and 
    other pinnipeds that may haul out on the coastline of Vandenberg. 
    Launch noise would be expected to occur over the coastal habitats in 
    the vicinity of SLC-2W while low-level sonic booms could be heard over 
    the water in the area west of the Channel Islands.
    
    Description of Habitat and Marine Mammals Affected by Delta IIs
    
        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 (SNI) (Stewart et al., in press). More 
    detailed descriptions of the SCB and its associated marine mammals can 
    be found elsewhere (56 FR 1606, January 16, 1991).
        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. Guadalupe fur seals 
    (Arctocephalus townsendi) breed only on Isla de Guadalupe offshore Baja 
    California, Mexico, and although some are occasionally seen on the 
    Channel Islands, none are expected to be harassed by either launch 
    noise or sonic booms since they are not known to come ashore on 
    Vandenberg.
    
    [[Page 43121]]
    
        A small breeding population of California sea lions occurs on 
    Vandenberg and both sea lions and northern elephant seals are regular 
    visitors to the shoreline near SLC-2W. A small population of harbor 
    seals are normal residents of Purisima Point adjacent to SLC-2W and 
    southern sea otters (Enhydra lutra) were censused there during the 
    spring of 19952.
    
        \2\ Sea otters are under the jurisdiction of the U.S. Fish and 
    Wildlife Service (USFWS) and not NMFS. Discussions between the 
    applicant and the USFWS have taken place. Please contact those 
    agencies for additional information.
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    Harbor Seals
    
        The Pacific harbor seal, which ranges from Baja California to the 
    eastern Aleutian Islands, is the marine mammal most likely to be 
    incidentally harassed by Delta II 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 
    21,462 seals counted on the mainland coast and islands of California 
    during May and June, 1994. Using that count and Huber et al.'s (1993) 
    correction factor (1.61 times the count) for animals not hauled out, 
    gives a best population estimate of 34,554 harbor seals in CA (NMFS, in 
    press).
        On the coastlines of Vandenberg, harbor seals are noted near 
    Purisima Point, Point Arguello, at the mouth of Oil Well Canyon, in the 
    area surrounding Rocky Point and near the Boathouse Breakwater (Air 
    Force, 1995a, 1995b). The largest aggregations occur during the spring 
    and early summer. Hanan et al. (1992) reported that 35 harbor seals 
    were at Purisima Point while another 79 were found just south of 
    Purisima Point. This is consistent with earlier estimates of 
    approximately 100 harbor seals in the vicinity of SLC-2W. In 1986, 500 
    harbor seals were censused at the sites along North and South 
    Vandenberg (Hanan et al., 1987). In the spring, approximately 70 harbor 
    seals may be found at Rocky Point (Air Force, 1995a).
        On SMI during the breeding season, the population is estimated to 
    be 1,000 to 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 (and other pinnipeds) haul out onto dry land for 
    various biological reasons, including sleep (Krieber and Barrette, 
    1984), 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 haul out in a different area. When disturbances occur 
    late in the day, harbor seals may not haul out again until the next 
    day.
        Disturbances have the potential to cause a more serious effect when 
    seals and sea lion 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. 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 
    mother-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 give some protection to young seals from the startle 
    response of the herd.
    
    California Sea Lions
    
        The three subspecies of the California sea lion inhabit the Pacific 
    Ocean from the Galapagos Islands to Baja California to British 
    Columbia. The California population breeds along the Channel Islands 
    and oceanic islands off Mexico. A steady increase in the California sea 
    lion population has occurred in the last two decades. From 1970 to 
    1989, the total population increased from an estimated 10,000 to 87,000 
    in the SCB. Based upon 1994 counts, the U.S. population is now 
    estimated to be over 160,000 (NMFS, in press).
        The two major California sea lion rookeries in the Channel Islands 
    are on SMI and SNI. Stewart et al. (in press) estimated about 95 
    percent of the 16 to 17 thousand pups born in the Channel Islands in 
    1986 were from these two rookeries. Adult males arrive at the rookeries 
    from March to May and breeding extends from May to July, with most 
    births from mid-June to mid-July. Females nurse pups on an 8-day on/2-
    day off schedule for 4 to 8 months, with the ``off days'' spent 
    foraging at sea (Heath et al., 1991). After the breeding season, adult 
    males from the SCB migrate north from August through September and 
    winter as far north as British Columbia. However, they are replaced by 
    adult males from Baja California, in Mexico, that migrate to the 
    Channel Islands to molt in December and January (Reeves et al., 1992). 
    Seasonal movements of females are unknown; they may remain near the 
    rookeries year round. California sea lions of all age-classes can be 
    expected to forage in the offshore SCB during all seasons, with periods 
    of peak at-sea abundance in late summer and autumn.
    
    Northern Elephant Seal
    
        The northern elephant seal, which is found on offshore islands from 
    central Baja California north to Point Reyes, CA, north of San 
    Francisco, has made a remarkable recovery in its population numbers. In 
    1892, it was estimated that only 100 elephant seals remained, and they 
    inhabited Guadalupe Island, Mexico. The total population now is about 
    144,000 animals with an estimated 60,000 in the United States and 
    84,000 in Mexico.
        Population estimates in the SCB increased from 28,000 in 1975-78 to 
    50,800 in 1989-90 with annual growth estimated at 14 percent for 1964-
    81 (Cooper and Stewart, 1983), and 10 percent for 1981-85 (Stewart et 
    al., in 
    
    [[Page 43122]]
    press). A projection of these figures indicates that the 1994 U.S. 
    population could be nearly 87,000.
        Northern elephant seals forage at sea for 8 to 10 months each year 
    during which time they make two migrations between breeding and molting 
    sites in the Channel Islands and pelagic foraging grounds in the 
    eastern North Pacific (Stewart and DeLong, 1993). Major rookeries are 
    established annually on SMI and SNI. Adult males and females are ashore 
    simultaneously only during breeding; females typically for 34 days 
    continuously, and adult males for 30 to 90 days (Stewart and DeLong, 
    1993). Adult males maintain breeding territories on rookery beaches 
    from early December through early March. Females arrive at rookeries 
    from late December through February, with most births in January 
    (Sydeman et al., 1991). Pups are weaned and abandoned when about 1 
    month old and go to sea 1 to 3 months later. Females and juveniles 
    return to the Channel Islands to molt in April and May and adult males 
    return in July and August.
        Elephant seals travel north between breeding and molting seasons 
    and disperse widely in the eastern North Pacific to forage on squid and 
    other mesopelagic prey. Adult males migrate to the Gulf of Alaska and 
    Aleutian Islands, while females and juveniles migrate as far as Oregon 
    and Washington (Reeves et al., 1992). Both sexes dive continuously 
    while at sea; females are submerged about 91 percent and males about 88 
    percent of the time while at sea (Stewart and DeLong, 1993). During 
    foraging dives, seals descend rapidly to a specific depth, remain there 
    for several minutes, and then ascend rapidly to the surface (Stewart 
    and DeLong, 1993). On average, female dives were to about 1,640 ft 
    (499.87 m) depth and lasted 24 minutes, with 2 minute inter-dive 
    surface intervals; male dives were to about 1,198 ft (365.15 m) depth 
    and lasted 23 minutes, with 3 minute inter-dive surface intervals. 
    Overall, dives for both sexes were between 492 - 2,625 ft (149.96 to 
    800.1 m) deep.
        All age-classes of northern elephant seals can be expected to 
    forage in the offshore SCB, with periods of peak abundance just after 
    breeding (late February-early March) and molting (April-May for 
    females; July-August for males) periods.
    
    Potential Effects of Delta II 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 numbers of harbor seals and other pinnipeds 
    that may be hauled out along the coast near SLC-2W at the time of Delta 
    II launches. There is no scientific evidence that any marine mammals, 
    other than those 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 either the launch noise or the 
    sonic boom. However, simply hearing the noise does not necessarily mean 
    that the animals have been harassed.
        At North Vandenberg, launch noises are expected to impact mostly 
    harbor seals, as other pinniped species (California sea lions and 
    northern elephant seals) are known to haul out at these sites only 
    infrequently and in smaller numbers. The launch noise associated with 
    the Delta II under typical conditions is predicted to be about 115 dBA 
    (129 dB) at the nearest potential harbor seal haulout (3,000 ft (914.4 
    m) from launch site) and 110 dBA (125 dB) at Purisima Point (5,000 ft 
    (1,524 m) from launch site) and last for less than 1 minute (U.S. Air 
    Force, 1995b). As a result of the launch of a Taurus rocket (slightly 
    smaller in size to the Delta II) in March 1994 at SLC-2W, Stewart et 
    al. (1994) observed that 20 of 23 harbor seals on Purisima Point fled 
    into the water. The A-weighted sound exposure level at Purisima Point 
    for that launch was 108.1 dB (127.5 dB unweighted). Therefore, it can 
    be predicted that most, if not all, pinnipeds onshore near SLC-2W will 
    leave the shore as a result of launchings of Delta IIs. Harbor seals 
    hauled out at Point Arguello and Rocky Point may alert to the launch 
    noise but are not expected to flee to the water, because of the 
    distance and the resultant attenuation of launch noise at that distance 
    (approximately 15 mi (24.1 km)).
        As part of the small take authorization for Titan IV launches at 
    SLC-4, the U.S. Air Force monitored the effects of launch noises on 
    harbor seals hauled out at Rocky Point (4.8 mi (7.7 km)) south of SLC-
    4) (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). 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.
        On SMI, time-lapse photographic monitoring (Jehl and Cooper, 1982) 
    shows 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. 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. 
    Also, Stewart (1982) exposed breeding California sea lions and northern 
    elephant seals on SNI 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.
        Launch noises are not expected to significantly impact marine 
    mammals offshore, although pinnipeds in the nearshore waters around 
    SLC-2W may alert to the noise. In order to be detectable by a marine 
    mammal, airborne noise needs to be greater than ambient within the same 
    frequency as the animal's hearing range. For harbor seals, recent 
    research (Terhune, 1988; Turnbull and Terhune, 1989; Terhune, 1991; 
    Turnbull, 1994) indicates that harbor seals have relatively poor 
    hearing capacity in the frequencies of sound that dominate the noise 
    produced by a rocket launch. At the lowest frequency measured (100 Hz), 
    the threshold was between 65 dB and 75 dB. Terhune (1991) indicated 
    that the critical ratio at the lowest frequency measured (250 Hz) was 
    24 dB. Thus, noise would need to be roughly 24 dB or more above 
    background to be even perceived by a harbor seal. With launch noises 
    expected to quickly attenuate offshore, and with ambient noise level 
    expected to range between 56 and 96 dBA (Air Force, 1995a), there is at 
    present no evidence that any marine mammals, other than pinnipeds 
    onshore at the time of launch, would be subject to harassment by launch 
    noises, although, as stated previously, the potential does exist that 
    other marine mammal species may hear the launch noise.
    
    Northern Channel Islands
    
        Sonic booms resulting from launches of the Delta II vary with the 
    vehicle 
    
    [[Page 43123]]
    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 be well offshore.
        Depending upon the intensity and location of a sonic boom, 
    pinnipeds on SMI could exhibit an alert response or stampede into the 
    water. However, while it is highly probable that a sonic boom from the 
    Delta II would occur over SMI, maximum overpressures of these sonic 
    booms are estimated to be 1.0 lb/ft2 (psf) over SMI (Air Force, 
    1995c). 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). Also, the maximum overall sound 
    pressure level is not expected to exceed 78 dBA (112 dB) (Air Force, 
    1995c). A sonic boom of this magnitude is unlikely to be 
    distinguishable from background noises caused by wind and surf (Air 
    Force, 1995a).
        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 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. Most animals 
    were returning to shore within 2 hours of the disturbance (Stewart et 
    al., 1993).
        Since the noise level from Delta II 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.
        Cetaceans and pinnipeds in the water should also be unaffected by 
    the sonic booms, although, depending upon location and ambient noise 
    levels, some species may be able to hear the sonic boom. While the 
    maximum magnitude of sonic booms from launches of the Delta II is 
    presently unknown, because of its similarity in size and weight to the 
    Lockheed launch vehicles (LLV) (see 60 FR 38308, July 26, 1995), the 
    sonic boom signature from the largest of those vehicles (LLV-3--3.5 
    psf/125.6 dB), can be used to predict the impact by the Delta II. 
    Pressure levels of this magnitude would be less than those measured for 
    other launch vehicles, such as the Titan IV and the Space Shuttle (10 
    psf), for which small take authorizations for harassment have been 
    issued previously (see 56 FR 41628, August 22, 1991 and 51 FR 11737, 
    April 7, 1986).
        Although rough seas may provide some surfaces, at the proper angle, 
    for sound to penetrate the water surface (Richardson et al., 1991), 
    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). 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 only a remote likelihood that a 
    marine mammal will be almost directly under the line of flight of the 
    Delta II, and with the Delta II 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 waters of the SCB.
    
    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 Delta II 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; and
        2. Preference for night launches during the period of the year when 
    harbor seals are hauled out in any numbers along the coast of North 
    Vandenberg.
    
    Monitoring
    
        NMFS proposes that the holder of the Incidental Harassment 
    Authorization would monitor the impact of Delta II launches on the 
    harbor seal haulouts in the vicinity of Purisima Point or, in the 
    absence of pinnipeds at that location, at a nearby haulout. A report on 
    this monitoring program would be required to be submitted prior to next 
    year's authorization request.
    
    National Environmental Policy Act (NEPA)
    
        On December 21, 1990, NMFS published an EA on the proposed 
    authorization to the Air Force to incidentally take marine mammals 
    during launches of the Titan IV space vehicle from Vandenberg. The 
    finding of that EA was that the issuance of the authorization would not 
    significantly affect the quality of the human environment and, 
    therefore, an environmental impact statement (EIS) was not necessary. 
    Because the Delta II rocket is 73 percent smaller than the Titan IV, 
    and because the noise generated by launches and sonic booms of the 
    Delta II is significantly less than the Titan IV, additional NEPA 
    documentation is not warranted.
        In addition, each proposed incidental harassment authorization is 
    reviewed by NMFS to determine its impact on the human environment, in 
    particular marine mammals--as was the Air Force application. NMFS 
    believes that, because the finding required for incidental harassment 
    authorizations is that the taking (by harassment) will have a 
    negligible impact on marine mammals and their habitat, the majority of 
    the incidental harassment authorizations should be ``categorically 
    excluded'' (as defined in 40 CFR 1508.4) from the preparation of either 
    an EIS or an EA under NEPA and section 6.02.c.3(i) of NOAA 
    Administrative Order 216-6 for Environmental Review Procedures 
    (published August 6, 1991). A programmatic EA on issuing incidental 
    harassment authorizations under section 101(a)(5)(D) of the MMPA is 
    available for public review and comment until October 16, 1995 (see 
    ADDRESSES).
    
    Conclusions
    
        The short-term impact of the launching of Delta II rockets is 
    expected to result at worst, in a temporary reduction in utilization of 
    the haulout as seals or sea lions leave the beach for the safety of the 
    water. 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.
    
    Proposed Authorization
    
        NMFS proposes to issue an incidental harassment authorization for 1 
    year for launches of the Delta II rocket at SLC-
    
    [[Page 43124]]
    2W, provided the above-mentioned monitoring and reporting requirements 
    are incorporated. NMFS has preliminarily determined that the proposed 
    launches of the Delta II at SLC-2W would result in the harassment 
    taking of only small numbers of harbor seals and possibly other 
    pinniped species, will have a negligible impact on pinniped stocks in 
    the SCB and will not have an unmitigable adverse impact on the 
    availability of these stocks for subsistence uses.
    
    Information Solicited
    
        NMFS requests interested persons to submit comments, information, 
    and suggestions concerning this request (see ADDRESSES).
    
        Dated: August 15, 1995.
    Patricia A. Montanio,
    Acting Director, Office of Protected Resources, National Marine 
    Fisheries Service.
    [FR Doc. 95-20545 Filed 8-17-95; 8:45 am]
    BILLING CODE 3510-22-F
    
    

Document Information

Published:
08/18/1995
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Notice
Action:
Notice of receipt of application and proposed authorization for a small take exemption; request for comments.
Document Number:
95-20545
Dates:
Comments and information must be received no later than September 18, 1995.
Pages:
43120-43124 (5 pages)
Docket Numbers:
I.D. 081195B
PDF File:
95-20545.pdf