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

DEPARTMENT OF COMMERCE

[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 modification 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 (IHA), issued to the U.S. Air Force (USAF) on

September 19, 1995, to take small numbers of marine mammals by

harassment incidental to launches of McDonnell Douglas Aerospace (MDA)

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

Force Base, CA (Vandenberg), has been modified.

EFFECTIVE DATE: The authorization is effective from September 19, 1995,

until September 19, 1996.

ADDRESSES: The application, authorization and modification 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, 301-713-2055, or

Irma Lagomarsino, 301-980-4016.

SUPPLEMENTARY INFORMATION:

Background

On July 12, 1995, NMFS received an application from the USAF

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 four to five

Delta IIs during the period of this proposed 1-year authorization.

Background information and rationale was provided with the notice

of receipt of the application and proposed authorization that was

published on August 18, 1995 (60 FR 43120) and are not repeated here. A

30-day public comment period was provided on the application and

proposed authorization. After review of the comments received on the

application, NMFS concluded 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. Accordingly,

NMFS determined that the requirements of section 101(a)(5)(D) of the

MMPA had been met and the incidental harassment authorization was

issued on September 19, 1995 (60 FR 52653, October 10, 1995).

Summary of Request

Section 6(b) of the IHA requires the USAF to observe harbor seal

activity on haulouts in the vicinity of SLC-2W before and after each

Delta II launch and to record launch noise levels at nearby harbor seal

haulouts. On January 24, 1996, NMFS received a request from the USAF to

amend section 6(b) by removing the requirement for recording launch

noises at coastal harbor seal haulouts.

The first launch of a Delta II vehicle under the IHA occurred on

November 4, 1995. NMFS and the USAF received a preliminary report on

noise measurements recorded at various distances from SLC-2W during

this launch. These results indicate that launch noise was similar to

noise recorded at the same distances during another Delta II launch at

the Kennedy Space Center, FL, in July 1992. Furthermore, the USAF

indicated that these noise levels correspond closely with a predictive

model that was run prior to the launch to calculate launch noise levels

at various distances from the launch pad.

Based on this information, it appears that noise levels from

launches of Delta II space vehicles are predictable and consistent. The

USAF has indicated that the azimuth for subsequent Delta II launches

during the authorization period will be similar to the November 4,

1995, launch. The noise level measurements taken during the November 4,

1995, launch therefore appear to be applicable to the remaining Delta

II launches during the authorization period.

Because the empirical data support the predictive model, additional

acoustic measurements are unnecessary for monitoring the impact of

Delta II launches on nearby harbor seal haulouts. Accordingly, on

January 31, 1996, NMFS amended section 6(b) of the IHA as follows:

b. Observations on harbor seal activity at harbor seal haulouts in

the vicinity of SLC-2 and Purisima Point or in the absence of pinnipeds

at that location, at another nearby haulout, must commence at least 72

hours prior to any planned launch and continue for a period of time not

less than 48 hours subsequent to launching.

As a result of this modification, the monitoring of noise levels

during the remaining launches of Delta II space vehicles from SLC-2W

will not be necessary through September 19, 1996. However, the USAF

will be required to comply with all of the other conditions of the IHA,

including observations of harbor seal activity, as required in the IHA.

Dated: February 15, 1996.

Ann D. Terbush,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96-4166 Filed 2-22-96; 8:45 am]

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