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. 042797C]

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 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

July 17, 1996, to take small numbers of marine mammals by harassment

incidental to launches of Lockheed-Martin launch vehicles (LMLVs) at

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

(Vandenberg), has been modified.

EFFECTIVE DATE: The authorization is effective from May 1, 1997 until

July 17, 1997.

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.

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1996, NMFS received an application from the USAF,

Vandenberg, requesting continuation of an authorization for the

harassment of small numbers of harbor seals incidental to launches of

LMLVs at SLC-6, Vandenberg. These launches would place commercial

payloads into low earth orbit. Because of the requirements for

circumpolar trajectories of the LMLV and its payloads, the use of SLC-6

is the only feasible alternative for LMLV launches 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 which haul out on the coastline

south and southwest of Vandenberg.

Background information and rationale was provided with the notice

of receipt of the application and proposed authorization that was

published on May 2, 1996 (61 FR 19609), 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, 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 July 17, 1996 (61 FR 384437, July 24,

1996).

Summary of Request

Condition 7(b) of the IHA requires the USAF to observe harbor seal

activity on haul-outs in the vicinity of SLC-6 before and after each

LMLV launch and to monitor this activity using either still photography

or video when biological observations cannot be made. On March 12,

1997, NMFS received a request from the USAF requesting an amendment to

condition 7(b) by waiving nighttime video monitoring of the launch of

an LMLV scheduled from Vandenberg during nighttime in May 1997.

Because the upcoming launch of the LMLV at SLC-6 is a nighttime

launch, when harbor seals are not expected to be hauled out in any

numbers, and, because video monitoring at night is not effective, a

waiver of condition 7(b) and a modification of the IHA is appropriate.

Accordingly, NMFS amended Condition 7(b) of the IHA on the date

indicated above (see EFFECTIVE DATES) as follows:

``b. Biological observations on harbor seal activity, must

commence at least 48 hours prior to the planned launch and continue

for a period of time not less than 48 hours subsequent to launching,

and must be supplemented by video recording of mother-pup seal

responses for daylight launches during the pupping season; and''

It should be noted however, that the USAF is required to comply

with all of the other conditions of the IHA, including observations of

harbor seal activity, as required in the IHA. In addition, should the

launch be delayed until daylight, video monitoring would be required,

since the planned launch will take place during the harbor seal pupping

season.

Dated: April 30, 1997.

Hilda Diaz-Soltero,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97-11791 Filed 5-6-97; 8:45 am]

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