Small Takes of Marine Mammals Incidental to Specified Activities; Titan II and IV Launch Vehicles at Vandenberg Air Force Base, CA

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022296A]

Small Takes of Marine Mammals Incidental to Specified Activities;

Titan II and IV 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.

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

authorization to take small numbers of seals and sea lions by

harassment incidental to launches of Titan II and Titan IV launch

vehicles at Space Launch Complex 4 (SLC-4), 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, northern elephant seals, northern fur seals and

Guadalupe fur seals in the vicinity of Vandenberg and the Northern

Channel Islands (NCI) for a period of 1 year.

DATES: Comments and information must be received no later than April

15, 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, an Environmental Assessment (EA) and a list of

the references used in this document 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.

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 January 24, 1996, NMFS received an application from the Air

Force requesting an authorization for the harassment of small numbers

of harbor seals (Phoca vitulina), California sea lions (Zalophus

californianus), northern elephant seals (Mirounga angustirostris),

northern fur seals (Callorhinus ursinus) and possibly Guadalupe fur

seals (Arctocephalus townsendi) in the vicinity of Vandenberg and on

the NCI. These harassment takes would result from launchings of Titan

II and Titan IV rockets. This authorization, if issued, would continue

an authorization, issued, for a 5-year period under regulations, on

August 22, 1991 (56 FR 41628) for Titan IV launches, that is scheduled

to expire on September 23,

[[Page 10728]]

1996. NMFS anticipates that this 1-year authorization, along with

others issued previously for Lockheed launch vehicles (LLV)(60 FR

38308, July 26, 1995) and McDonnell Douglas Delta II launch vehicles

(60 FR 52653, October 10, 1995), will be replaced by a new set of

regulations, under section 101(a)(5)(A) of the MMPA, governing

incidental takes of marine mammals by launches of all rocket types from

Vandenberg. An application for a small take authorization under section

101(a)(5)(A) of the MMPA is under development by the Air Force.

The Titan II space launch vehicle is a two-staged, modified

Intercontinental Ballistic Missile redesigned to carry small payloads

up to 5,600 lbs ( kg). The Titan IV space launch vehicle is a larger

vehicle, carrying payloads similar to those carried by the Space

Shuttle (Air Force 1996). While the exact number of Titan II and Titan

IV launches that will take place during the period of this

authorization are unknown, a best estimate is for two launches for

Titan II and two launches for Titan IV (Air Force 1996). The total

number of Titan IV launches from 1990 through July 1995 was eight.

The flight paths of Titan launches from Vandenberg proceed in

various directions, depending on the mission. Some missions require a

slight retrograde launch azimuth toward the southwest. Others may

proceed southeast, overflying San Miguel Island (SMI) or just west of

Santa Rosa Island (SRI). No vehicles are allowed direct overflight of

SRI, Santa Cruz, or Anacapa Island (Air Force 1996). Specific launch

dates and trajectories are not available at this time.

The duration of noise capable of affecting marine mammals generated

by each Titan launch is brief. Within 1 minute following liftoff, the

noise event at Rocky Pt., Vandenberg, will be concluded (Stewart et al.

1993a, 1993b), and within 2 minutes, a Titan IV will be 28.6 miles (46

km) from SLC-4, over the open ocean and out of hearing range of marine

mammals on NCI (Air Force 1996).

As a result of the launch noise, and the resultant sonic boom,

there is a potential to cause a startle response and flight to water

for those harbor seals and other pinnipeds that may haul out on the

coastline of Vandenberg and on NCI. Launch noise is expected to occur

over the coastal habitats in the vicinity of SLC-4 during every launch,

while sonic booms could be heard on NCI, specifically SMI and SRI, only

during certain launches.

Description of Habitat and Marine Mammals Affected by Titan II and

IVs

The Southern California Bight (SCB) including the Channel Islands,

supports a diverse assemblage of 29 species of cetaceans (whales,

dolphins and porpoises) and 5 species of pinnipeds (seals and sea

lions). California sea lions, northern elephant seals, harbor seals,

and northern fur seals breed there, with the largest rookeries on SMI

and San Nicolas Island (SNI) (Stewart et al. in press). 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. More detailed descriptions of the SCB and its associated

marine mammals can be found elsewhere (56 FR 1606, January 16, 1991)

and NMFS (1990, 1991).

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 launch noises from Titan II and IV launches

from Vandenberg. 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 California (Barlow et al. 1995).

On the coastlines of Vandenberg, harbor seals are noted near

Purisima Point (8 mi (12.9 km) north of SLC-4), Point Arguello, at the

mouth of Oil Well Canyon, in the area surrounding Rocky Pt. (5 mi (8

km) south of SLC-4) and near the Boathouse Breakwater (Air Force 1995a,

1995b, 1995c). The largest aggregations occur during the spring and

early summer. Hanan et al. (1992) reported that 35 harbor seals were at

Purisima Pt. while another 79 were found just south of Purisima Pt.

Photographic records indicated the presence of approximately 70 harbor

seals at this site in February, 1994 (Air Force 1995a), while Hanan et

al. 1992) reported 300 harbor seals present at Rocky Pt. In 1991, over

1,300 harbor seals were censused at the sites along North and South

Vandenberg (Hanan et al. 1992).

On SMI during the molting season, the population is estimated to be

about 1,000 - 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 and molting occurs from May through August.

Harbor seals (and other pinnipeds) haulout onto dry land for

various biological reasons, including sleep (Krieber and Barrette 1984,

Terhune 1985), 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 and hunting,

rush into the water at the slightest alarm (Arseniev 1986) unless they

have become habituated to the disturbance (Lagomarsino, pers. commn.).

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 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

[[Page 10729]]

nursing, when aggregations are dense, and during the molting season

(ref). However, evidence to date from Vadneberg and SMI, has not

indicated that launch noises and sonic booms have resulted in increased

mortality (Stewart and Francine 1991, 1992; Stewart et al. 1993a,

1993b). 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 maternal-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

Two subspecies of the California sea lion inhabit the Pacific Ocean

from the Galapagos Islands to Baja California to British Columbia. The

subspecies referred to as the California sea lion breeds along the

Channel Islands, oceanic islands off the Pacific coast of Mexico and in

the Gulf of California. A steady increase in the U.S. 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 with a net productivity rate of 11.7

percent (Barlow et al. 1995).

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 16,000-17,000 pups born in the Channel Islands in 1986

were from these two rookeries. Adult males arrive at the rookeries from

March - May and breeding extends from May - July, with most births from

mid-June to mid-July. Females nurse pups on an 8-day on/2-day off

schedule for 4-8 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 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 in 1991 was

estimated at about 127,000 animals (Stewart et al. 1994). NMFS

estimates the California stock size in 1991 at 73,500 and growing while

the population in Mexico appears to be stable or decreasing (Barlow et

al. 1995).

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-

1981 (Cooper and Stewart 1983) and 10 percent for 1981-85 (Stewart et

al. in press). Unpublished NMFS data indicate that the number of pups

born in the Channel Islands continues to increase (Barlow et al. 1995).

Northern elephant seals forage at sea for 8-10 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 30-90 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 1-3 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 1640 ft (500 m)

depth and lasted 24 minutes, with 2-minute inter-dive surface

intervals; male dives were to about 1,198 ft (365 m) depth and lasted

23 minutes, with 3-minute inter-dive surface intervals. Overall, dives

for both sexes were between 492-2625 ft (150-800 m) depth.

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.

Northern Fur Seal

Because of recent declines, NMFS declared the Pribilof stock of

northern fur seals as a depleted species under the MMPA. In 1983, the

estimated size of the northern fur seal population was about 1.2

million. No significant changes have been documented since that time,

although recent counts of adult males on the Pribilof Island and counts

of pups on Robben Island have declined. There are an estimated 871,000

animals in Alaskan waters and 332,000 in Russian waters. The 1994

population estimate for the SMI stock of fur seals, based upon a pup

count of 2,634 (NMFS unpubl. data) is 10,536 animals (Barlow et al.

1995).

The peak number of hauled-out northern fur seals on SMI occurs in

mid-July with a post-breeding season decline continuing through

December. Some females and yearlings may be present at any time, with

the higher number of pups present in early July. These animals are

generally at sea for 7 consecutive months from November through late

May.

Guadalupe Fur Seal

After 1923, the Guadalupe fur seal was regarded as extinct. In

1949, one adult male was seen on SNI and a breeding colony was

discovered on Guadalupe Island, Mexico in 1954. The population in 1987

was estimated to be about 6,000 animals. In 1988, 3,259 seals were

counted on Guadalupe Island and occasional sightings have been made of

animals in the offshore waters of Baja California and southern

California. Since 1968, small numbers of nonbreeding animals, usually

subadult males, have been observed on SMI.

Potential Effects of Titan II and IV Launches on Marine Mammals

The effect on pinnipeds, would be from disturbance by airborne

sound, which is anticipated to result in a negligible short-term impact

to those small numbers of harbor seals and other pinnipeds that may be

hauled out along

[[Page 10730]]

the coast near SLC-4 and on the NCI at the time of Titan II and IV

launches. Other than these brief, infrequent, periods of elevated

noise, no temporary or permanent habitat modifications are anticipated.

There is no evidence that any marine mammals, other than those on

shore at Vandenberg or NCI at the time of launch, would be subject to

harassment by launch noises or sonic booms (when vehicle trajectory

takes it over the NCI), although the potential does exist that other

marine mammals, either on the surface or in the water column, may hear

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

noise from an activity does not necessarily mean that the animals have

been harassed. Also, NMFS does not consider simple, singular, reflex

actions (e.g., alert, startle, or dive response to a stimulus) from

animals on the water surface to be sufficient on its own to warrant an

incidental harassment authorization.

South Vandenberg

At South Vandenberg, launch noises are expected to impact mostly

harbor seals as other pinniped species (California sea lions and

northern elephant seals) are known to haulout at these sites only

infrequently and in significantly smaller numbers. The launch noise

associated with the Titan II (similar in size to the LLV) is predicted

(based upon similarity in size) to be about 93 dBA (118 dB) at the

principal haulout at Rocky Point, and almost unnoticeable offshore.

As part of the 1991 small take authorization for Titan IV launches

at SLC-4, the Air Force monitored the effects of launch noises on

harbor seals hauled out at Rocky Pt. (4.8 mi (7.7 km) south of SLC-4).

For four monitored launches of Titan IVs, the sound exposure level

ranged from 98.7-101.8 dBA (145 dB) (Stewart and Francine 1991, 1992;

Stewart et al. 1993a, 1993b). During the 1992 and 1993 Titan IV

launches, all or almost all, harbor seals that were ashore at the time

fled into the water (1992--23 of 28; 1993--41 of 41) in response to the

noise. After a launch in 1993, about 75 percent of those seals returned

ashore later that day, most within 90 minutes of the disturbance

(Stewart et al. 1993b). There were no apparent mortalities following

any of the four monitored launches, and the haulout patterns were

reported similar to those prior to the launches (Stewart and Francine

1991, 1992; Stewart et al. 1993a, 1993b). Because of the greater

distance between SLC-4 and other haulout sites, fewer harbor seals are

anticipated to be affected by launch noises at these locations. Launch

noise from a Titan II is expected to be significantly less than from

the larger Titan IV, although harbor seals may leave the beach at Rocky

Pt. due to the noise.

Time-lapse photographic monitoring (Jehl and Cooper 1982) shows

that, in response to a specific stimulus, large numbers of pinnipeds

may move suddenly from the shoreline to the water. These events occur

(on SMI at least) 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.

Stewart (1981, 1982) also 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.

Because of high ambient noise along the coastline, attenuation of

launch noise, and because almost all sounds from the launch should be

reflected off, and not penetrate, the water surface, launch noises are

not expected to impact any marine mammals in nearshore waters of

Vandenberg, although pinnipeds at the water surface in the waters

around SLC-4 may alert to the noise.

With launch noises expected to rapidly attenuate and reflect off

the water surface, with minimal penetration, 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 the potential does exist that other marine

mammal species may hear the launch noises.

Northern Channel Islands (NCI)

Sonic booms resulting from launches of the Titan II and IV vary

with the vehicle trajectory and the specific ground location. A sonic

boom is not expected to intersect with the ocean surface until the

vehicle changes its launch trajectory. This location will always be

well offshore but may intersect with the NCI. Sonic booms may become

focused within a narrow band under the flight path, resulting in sound

levels of exceptional amplitude within a very narrow footprint.

Theoretical calculations suggest that marine mammal habitat within the

narrow footprint of a focused sonic boom could experience sound levels

as high as 147 dB (USAF 1990, 1996).

The shores of SMI are subjected to noises from surf, wind, animal

vocalizations, boats and aircraft, including several sonic booms per

month. Ambient sound pressure levels vary between 56 and 96 dBA. In

air, marine mammals are generally believed to be much less sensitive

than humans to low-frequency sonic booms (Air Force 1990, NMFS 1990).

Humans have been exposed to impulse noise similar in magnitude to the

sonic booms expected from Titan IVs with no permanent hearing effects

and only temporarily reduced hearing sensitivity (referred to as TTS-

temporary threshold shift). Outside an approximate 4.4 mile by 1,000-ft

(7.1 km by 305 m) zone directly under the flight path, almost all

sounds will be reflected at the water's surface. Therefore, only those

individual marine mammals within this zone will experience energy from

a sonic boom (Air Force 1988 and 1990, NMFS 1990). Chappell (1980)

calculates that a sonic boom would need to have a peak overpressure in

the range of 138 to 169 dB to cause TTS in marine mammals, with TTS

lasting at most a few minutes. Moreover, because of physiological

compensatory mechanisms, NMFS believes that even animals in the water

exposed to the highest energy from a sonic boom may have only a small

chance of experiencing minor TTS. Although Titan IV-generated sonic

booms are not likely to cause permanent hearing damage to marine

mammals in or out of the water, they may cause minor reduction in

hearing sensitivity in those few species with hearing capabilities in

the low frequencies found in sonic booms. This effect is expected to be

temporary and will not affect the survival of individuals or adversely

affect the species' populations in California waters.

Depending upon the intensity and location of a sonic boom,

pinnipeds on SMI could exhibit a simple alert (head-up) response, or

they could startle and stampede into the water. The two primary

concerns for pinnipeds involve the possibility of a stampede during

which pups may be trampled or separated from their mothers and the

[[Page 10731]]

potential effects of loud noises on the pinniped's hearing. Also

possible physiological stress to the animals, resulting in unsuccessful

breeding and other anomalies in behavior may be of concern.

Monitoring 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 (head

up) response by 25 California sea lions, but no response from other

pinniped species present (including harbor seals and elephant seals).

There was no seaward movement as a result of this nighttime launch. In

1993, an explosion of a Titan IV created a sonic boom-like pressure

wave that resulted in an alert response, but no movement toward the

sea. Additional popping and rumbling noises that followed the initial

overpressure 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. 1993b) and haul-out patterns after launchings appeared

normal.

Outside the zone of focused energy, cetaceans and pinnipeds in the

water should be unaffected by the sonic booms, although, depending upon

location and ambient noise levels, some pinnipeds may be able to hear

the sonic boom. 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, 1995).

With only a remote likelihood that a cetacean will be almost

directly under the line of flight of a Titan II and IV at the instant

the vehicle changes its launch trajectory, NMFS believes that sonic

booms will not result in the harassment of cetacean populations in

offshore waters of the SCB.

Most long-term physiological effects, such as those on

reproduction, metabolism and general health, or on the animals'

resistance to disease, are caused by much greater cumulative sound

exposures (intense continuous noise) than those expected from space

vehicle sonic booms (infrequent, loud, and short-duration noise), which

have less potential for affecting physiology (Air Force 1990, NMFS

1990).

Researchers (under contract to the Air Force) who conducted studies

on effects of the space shuttle stated that the space shuttle sonic

booms would not produce auditory or nonauditory effects in NCI

pinnipeds of sufficient magnitude to measurably influence population

levels. Some TTS would be likely following the exceptionally loud

focused booms created by launches flying directly over the NCI, but

this TTS should last only a short time (minutes to hours). Also,

although the startle effect of the space shuttle sonic boom might cause

some panic and concomitant physiological stress, the frequency of the

booms would be low compared to the frequency of naturally induced

startle events.

Chappell (1980) states that there will be no adverse effect on

pinniped survival, since no significant increase in stress-related

pathology is anticipated, nor is any disruption of the reproductive

cycle considered probable.

Prohibitions

NMFS proposes that the following prohibitions be imposed as part of

the authorization: (1) The incidental or intentional taking of any

marine mammal not authorized by the incidental harassment

authorization; and (2) The incidental take of a seal or sea lion other

than by unintentional, nonlethal harassment.

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 Titan II and IV launches on harbor

seals and other pinnipeds, NMFS proposes to include in the

authorization, the requirement to avoid whenever possible launches

during the harbor seal pupping season of February through May.

Additional mitigation measures would be developed, if necessary,

cooperatively between NMFS and the Air Force based on the degree of

impact documented during monitoring activities following specific Titan

launches.

Monitoring

In order to verify the assumptions made in this finding, NMFS

proposes to require the Air Force to visually monitor the impact of

Titan II and IV launches on the harbor seal haulouts in the vicinity of

SLC-4 (Rocky Point) at Vandenberg (or in the absence of pinnipeds at

that location, at a nearby haulout) during all launches. This

monitoring will be conducted by one or more qualified biologists 3 days

prior to a launch and for a period of 3 days post-launch. This

monitoring will consist of a census of the population to determine if

there is a reduction in numbers of animals and will occur as soon as

possible after each launch (Rocky Point is not accessible during

launches). As there is insufficient documentation of the effects of

launches during the pupping season, remote (video) monitoring will be

conducted during daylight launches in the pupping season(s) to

determine the actual response of pinnipeds to the launch. Remote video

data will be collected during the first two launches taking place in

the pupping season(s). These data will be evaluated to determine the

potential impacts, if any, to the pinniped population, and to determine

if pup mortality or abandonment occurred as a result of launches. In

addition, Vandenberg will perform post-launch monitoring which, at a

minimum, would include 4 censuses over a 2-week period following any

launches during the pupping season.

In addition, monitoring on NCI during the 1-year period of

authorization will be required whenever a Titan IV day-time launch

predicts a sonic boom over NCI. This monitoring will include the use of

a prediction model to determine if and where a sonic boom will be

produced in the immediate area of the NCI by the individual launch.

Prior to each launch, prediction model results and proposed monitoring

activities will be forwarded to the NMFS Southwest Regional Office for

review and approval. Monitoring will occur at the location of the

predicted sonic boom, or, if no marine mammal haulouts or rookeries

exist within the predicted area, at the nearest haulout or rookery and

to monitor the impacts to marine mammal populations. Launches predicted

to produce sonic booms will be monitored until two sonic booms occur,

have been monitored, and data collected. Data collection will document

impacts during and after, each of these two launches. If the prediction

model indicates that there will be no sonic boom in the immediate area

of the NCI, no monitoring will be conducted on NCI.

Reporting

A report will be submitted to the NMFS Southwest Regional Office

within 90 days of any launch of a Titan II or IV. This report will

include the following information: (1) Date and time

[[Page 10732]]

of launch; (2) dates and locations of any research activities related

to monitoring the effects of the sonic booms on pinniped populations;

(3) results of any monitoring activities at Vandenberg or NCI

concerning behavioral responses; and (4) results of any population

studies made on pinnipeds on the NCI before and after the launch.

Upon completion of monitoring and collecting of data for two sonic

boom events, Vandenberg will evaluate the impacts. Upon consultation

and coordination with NMFS, monitoring activities will be reevaluated

to determine monitoring needs.

National Environmental Policy Act (NEPA)

In 1988, the Air Force released a final environmental impact

statement for the Titan IV launch vehicle modifications and launch

operations program (Air Force 1988). On December 21, 1990, NMFS

published an EA (NMFS 1990) on an 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 on

the issuance of regulations authorizing an incidental take was not

necessary.

Endangered Species Act (ESA)

The Department of the Air Force consulted with NMFS, as required by

section 7 of the ESA, on whether launches of Titan II and IV at SLC-4

would jeopardize the continued existence of species listed as

threatened or endangered. NMFS issued a section 7 biological opinion on

this activity to the Air Force on October 31, 1988, concluding that

launchings of the Titan IV was not likely to jeopardize the continued

existence of the Guadalupe fur seal. The Air Force reinitiated

consultation with NMFS after the Steller sea lion was added to the list

of threatened and endangered species (55 FR 49204, November 26, 1990).

However, since no northern sea lions have been sighted on the Channel

Islands since 1984, it was determined that these launchings were not

likely to affect northern sea lions. In addition, on September 18,

1991, NMFS concluded that the issuance of a small take authorization to

the Air Force to incidentally take marine mammals during Titan IV

launches was not likely to jeopardize the continued existence of

northern sea lions or Guadalupe fur seals.

Conclusions

The short-term impact of the launching of Titan II and IV rockets

is expected to be, at worst, 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 reoccupy the

same area shortly after each launch. 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 NCI are unlikely.

Proposed Authorization

NMFS proposes to issue an incidental harassment authorization for 1

year (September 23, 1996 through September 22, 1997) for launches of

the Titan II and IV rockets and related safety monitoring at SLC-4,

provided the above mentioned monitoring and reporting requirements are

incorporated. NMFS has preliminarily determined that the proposed

launches of the Titan II and IV at SLC-4 would result in the harassment

taking of only small numbers of harbor seals, California sea lions,

northern elephant seal, northern fur seals and possibly Guadalupe fur

seals; 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: March 11, 1996.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96-6177 Filed 3-14-96; 8:45 am]

BILLING CODE 3510-22-F