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. 043097B]

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.

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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 Martin launch vehicles

(LMLVs) 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 16,

1997.

ADDRESSES: Comments on the application should be addressed to Michael

Payne, Chief, Marine Mammal Division, Office of Protected Resources,

NMFS, 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 the contact

listed below.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of

Protected Resources at 301-713-2055.

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.

Subsection 101(a)(5)(D) of the MMPA established an expedited

process by which U.S. citizens 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 March 21, 1997, 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

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

payloads into low earth orbit using its family of vehicles (LMLV-1,

LMLV-2 and LMLV-3). Because of the requirements for circumpolar

trajectories of the LMLV 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

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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 LMLVs

The only marine mammal anticipated to be incidentally harassed by

LMLV 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 LMLV Launches on Marine Mammals

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

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

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

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 LMLVs 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 LMLVs at SLC-6 provided the monitoring and

reporting requirements currently in effect (see 60 FR 24840, May 10,

1995) are continued. NMFS has preliminarily determined that the

proposed launches of LMLVs 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: May 9, 1997.

Hilda Diaz-Soltero,

Acting Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 97-12693 Filed 5-14-97; 8:45 am]

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