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

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]

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