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 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,

California sea lions, and northern elephant seals by harassment

incidental to launches of McDonnell Douglas Aerospace Delta II (MDA

Delta II) vehicles at Space Launch Complex 2W (SLC-2W), Vandenberg Air

Force Base, CA (Vandenberg) has been issued to the U.S. Air Force.

EFFECTIVE DATE: This authorization is effective from September 19,

1995, until September 19, 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 Irma

Lagomarsino, Southwest Regional Office at 301-980-4016.

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

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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 (1994 Amendments). 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 Aeronautic and Space

Administration (NASA), and commercial, medium-weight payloads into

polar or near-polar orbits. MDA/NASA intends to launch approximately 4-

5 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 west of San Miguel Island (SMI), the

westernmost Channel Island (Air Force, 1995b)1. 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.

\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 August 18, 1995 (60 FR 43120) and a 30-

day public comment period was provided on the application and proposed

authorization. During the comment period, one letter was received. The

comments contained in this letter 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.

Comments and Responses

Comment 1. There are a number of cetacean species and other

pinniped species (Guadalupe fur seals and Steller sea lions) that are

likely to occur at least occasionally in areas where they could be

subject to noise from rockets launched at Vandenberg. The Marine Mammal

Commission (MMC) recommends NMFS consult with applicant to determine

whether these species would be harassed.

Response. There are three species of pinnipeds reported hauling out

on occasion in the vicinity of SLC-2: harbor seals, California sea

lions, and northern elephant seals. NMFS is unaware of other species of

pinnipeds being in the vicinity of Vandenberg. For example, Steller sea

lions have not been seen in the Channel Islands area since 1984 and

Guadalupe fur seals, which breed in Mexico, are rarely seen in southern

California. On the Channel Islands, the sonic boom signature is

expected to be indistinguishable from ambient noise levels. Over water,

the sonic boom is significantly less than that estimated to cause a

temporary threshold shift injury and NMFS is unaware of any scientific

evidence indicating that a behavioral response results from a single,

low-frequency sonic boom. As stated in the proposed authorization,

there is also no evidence that airborne noises from the launch itself

will cause a startle effect on marine mammals in the water. Although

the potential does exist that other marine mammal species will hear

either the launch noise or the sonic boom, simply hearing the noise

does not necessarily mean that the animals have been harassed.

Comment 2. The notice of proposed authorization does not indicate

whether long-term or cumulative studies have been or are being done to

look at possible long-term, cumulative effects--e.g., decreases in the

number of seals or the proportion of pups that haul out. Without such

information, it is not reasonable to conclude that there are no

cumulative effects or that any cumulative effects, like short-term

effects, are likely to be negligible.

Response. While NMFS is unaware of any long-term studies on the

effects on pinnipeds from launch noises, monitoring at Vandenberg for

Titan IV launches provides baseline information for future studies.

However, the fact that these haul-outs remain active indicates that

there are no immediately evident long-term, cumulative impacts. Launch

noises are infrequent enough and divided between North and South

Vandenberg so that these impacts will likely be less significant,

cumulatively, than humans, pets and motorized vessels would be.

Therefore, determining the long-term impacts from launch activities and

resultant noise would be difficult.

Comment 3. The MMPA prescribes requirements for monitoring and

reporting to ensure that only small numbers of specified animals are

harassed and that the effects of the harassment are negligible. The

proposed authorization does not explain the rationale for proposing

that only harbor seals in the vicinity of Purisima Point be monitored.

NMFS also appears to have ignored that the cumulative effects may be

non-negligible.

Response. NMFS has modified the authorization to require monitoring

launch noises at the nearest active pinniped haul-out to SLC-2 and at

Purisima Point. Monitoring at these close-in locations is necessary

because of the high noise level of the launch. More distant haulouts

are likely to result in less frequent response by the seals with

resultant fewer behavioral modifications to study. Launches during

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this 1-year authorization are unlikely to result in measureable

cumulative effects. However, this will be a subject for future review

as commercial payload launches from Vandenberg increase over the next

few years.

Comment 4. NMFS requires a report only at the end of the

authorization period. The MMC recommends at a minimum the Air Force

should report killed and injured animals immediately and that the

authorization should be rescinded if a marine mammal is killed or

injured as a result of the authorization.

Response. NMFS will require as part of the authorization that the

Air Force submit a monitoring report, no later than 90 days after each

Delta II launch. Because no humans are allowed on the coastline

adjacent to the launch pad during launches, launch effect observations

are limited to time-lapse photography. This limits the cause and effect

criterion necessary to revoke an authorization. If there are

indications that more than harassment takings are occurring, NMFS will

review the evidence to determine appropriate action.

Comment 5. The MMC recommends that NMFS consult with the Air Force

to determine whether a 5-year authorization under section 101(a)(5)(A)

would be more appropriate.

Response. NMFS agrees with this recommendation and several months

ago discussed this option with the Air Force. The Air Force's 5-year

authorization, which expires on September 23, 1996, is limited to Titan

IV launches. We anticipate they will apply for a new 5-year

authorization late this year or early next year, which should include

all planned launches at Vandenberg. In the interim, while this new

authorization request is being prepared and new regulations proposed,

the Air Force will continue to apply for incidental harassment

authorizations for launches.

Conclusion

Based upon the information provided in the proposed authorization,

NMFS has determined that 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. These 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.

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, California sea lions, and northern

elephant seals; would have only a negligible impact on the species, and

would result in the least practicable impact on the stock, NMFS

determined that the requirements of section 101(a)(5)(D) had been met

and the incidental harassment authorization was issued.

Dated: Ocotober 2, 1995.

Patricia A. Montanio,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 95-25001 Filed 10-6-95; 8:45 am]

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