Small Takes of Marine Mammals Incidental to Specified Activities; Lockheed Launch Vehicles at Vandenberg Air Force Base, CA

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

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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]

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