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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 042696B]

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 receipt of application and proposed authorization for

a small take exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from the U.S. Air Force for

continuation of an authorization to take small numbers of harbor seals

by harassment incidental to launches of Lockheed launch vehicles (LLVs)

at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, CA

(Vandenberg). Under the Marine Mammal Protection Act (MMPA), NMFS is

requesting comments on its proposal to continue to authorize the

incidental take, by harassment, of small numbers of harbor seals in the

vicinity of Vandenberg for a period of 1 year.

DATES: Comments and information must be received no later than June 3,

1996.

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 and previous Federal Register notices on this

action 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 Irma Lagomarsino, Southwest

Regional Office at 310-980-4016.

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

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.

Public Law 103-238, the Marine Mammal Protection Act Amendments of

1994, 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 1 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 April 1, 1996, NMFS received an application from the U.S. Air

Force, Vandenberg, requesting continuation of an authorization for the

harassment of small numbers of harbor seals incidental to launches of

LLVs at SLC-6, Vandenberg. 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. As a result of the noise

associated with the launch itself and the resultant sonic boom, these

noises have the potential to cause a startle response to those harbor

seals that haul out on the coastline south and southwest of Vandenberg

and may be detectable to marine mammals west of the Channel Islands.

Launch noise would be expected to occur over the coastal habitats in

the vicinity of SLC-6 while low-level sonic booms could be heard west

of the Channel Islands.

Description of Habitat and Marine Mammals Affected by LLVs

The only marine mammal anticipated to be incidentally harassed by

LLV launches is the harbor seal (Phoca vitulina). A description of the

Southern California Bight population of harbor seals was provided on

May 10, 1995 (60 FR 24840) in conjunction with publication of the

previous notice of application for this activity. Interested reviewers

are encouraged to refer to that document for the appropriate

discussion. This document is available from NMFS (see ADDRESSES).

Potential Effects of LLV Launches on Marine Mammals

The effect on harbor seals would be disturbance by sound which is

anticipated to result in a negligible short-term impact to small

numbers of harbor seals that are hauled out at the time of LLV

launches. No impacts are anticipated to animals that are in the water

at the time of launch. Detailed descriptions of the expected impact

from rocket launches on harbor seals and other marine mammals have been

provided in previous notices (60 FR 24840, May 10, 1995; 60 FR 38308,

July 26, 1995; 60 FR 43120, August 18, 1995; 60 FR 52653, October 10,

1995; and 61 FR 10727, March 15, 1996) and are not repeated here. These

documents are available from NMFS (see ADDRESSES).

Conclusions

Based upon information provided by the applicant, and previous

reviews of the incidental take of harbor seals by this activity, NMFS

believes that the short-term impact of the launching of

[[Page 19610]]

LLVs is expected to result at worst, in a temporary reduction in

utilization of the haulout as seals leave the beach for the safety of

the water. The launching is not expected to result in any reduction in

the number of harbor seals, 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 harbor seals

at Vandenberg are unlikely.

Proposed Authorization

NMFS proposes to issue an incidental harassment authorization for 1

year for launches of LLVs at SLC-6 provided the monitoring and

reporting requirements currently in effect are continued. NMFS has

preliminarily determined that the proposed launches of LLVs at SLC-6

would result in the harassment taking of only small numbers of harbor

seals, will have a negligible impact on the harbor seal stock and will

not have an unmitigable adverse impact on the availability for

subsistence uses.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning this request (see ADDRESSES).

Dated: April 25, 1996.

Patricia A. Montanio,

Acting Office Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96-10867 Filed 5-1-96; 8:45 am]

BILLING CODE 3510-22-F