Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Rocket Launches

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 971023253-7253-01; I.D. 093097E]

Taking and Importing Marine Mammals; Taking Marine Mammals

Incidental to Rocket Launches

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of a petition for regulations and an

application for a small take exemption; request for comment and

information.

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SUMMARY: NMFS has received a request from the 30th Space Wing, U.S. Air

Force for a small take of marine mammals incidental to missile and

rocket launches, aircraft flight test operations and helicopter

operations at Vandenberg Air Force Base, CA (Vandenberg). As a result

of that request, NMFS is considering whether to propose regulations

that would authorize the incidental taking of a small number of marine

mammals. In order to issue such regulations, NMFS must determine that

these takings will have a negligible impact on the affected species and

stocks of marine mammals. NMFS invites comment on the application and

suggestions on the content of the regulations.

DATES: Comments and information must be postmarked no later than

December 15, 1997.

ADDRESSES: Comments should be addressed to Michael Payne, Chief, Marine

Mammal Division, Office of Protected Resources, National Marine

Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-

3226. A copy of the application may be

[[Page 61078]]

obtained by writing to the above address, telephoning the person below

(see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of

Protected Resources, NMFS, (301) 713-2055, or Irma Lagomarsino,

Southwest Regional Office, NMFS, (310) 980-4016.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine Mammal Protection Act (16

U.S.C. 1361 et seq.) (MMPA) 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 for periods of 5 years or less if the

Secretary 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

regulations are prescribed setting forth the permissible methods of

taking, and the requirements pertaining to the monitoring and reporting

of such taking. NMFS has defined ``negligible impact'' in 50 CFR

216.103 as ``an impact resulting from the specified activity that

cannot be reasonably expected to, and is not reasonably likely to,

adversely affect the species or stock through effects on annual rates

of recruitment or survival.''

Description of Request

On September 30, 1997, NMFS received an application for an

incidental, small take exemption under section 101(a)(5)(A) of the MMPA

from the 30th Space Wing, Vandenberg to take marine mammals incidental

to missile and rocket launches, aircraft flight test operations, and

helicopter operations at Vandenberg.

Vandenberg is located on the south-central coast of California. The

base covers approximately 98,000 acres in western Santa Barbara County.

The Air Force's primary missions at Vandenberg are to launch and track

satellites in space, test and evaluate the United State's

intercontinental ballistic missile systems, and support aircraft

operations. As a nonmilitary facet of operations, Vandenberg is also

committed to promoting commercial space launch ventures.

Vandenberg anticipates a total of 10 launches annually for

Minuteman and Peacekeeper missiles from North Vandenberg and a total of

20 launches annually for space launches (6 Delta II, 3 Taurus, 2 Atlas,

3 Titan IV, 2 Titan II and 4 Lockheed launch vehicles) from South

Vandenberg.

Launch operations are a major source of noise. The operation of

launch vehicle engines produces significant sound levels. Generally,

four types of noise occur during a launch. They are: (1) Combustion

noise from launch vehicle chambers; (2) jet noise generated by the

interaction of the exhaust jet and the atmosphere; (3) combustion noise

from the post-burning of combustion products; and (4) sonic booms.

Noise disturbance from operations on Vandenberg may cause

negligible short-term impacts to pinnipeds (seals and sea lions) hauled

out on the Vandenberg coastline. The principal form of impacts would be

infrequent and unintentional incidental harassment resulting from noise

generated by aircraft and by missile and rocket launches. There is a

potential for launch noises and sonic booms to cause a startle response

and flight to water for those harbor seals, California sea lions and

other pinnipeds that may haul out on the coastline of Vandenberg and on

the Northern Channel Islands (NCI). Launch noise is expected to occur

over the coastal habitats in the vicinity of the Vandenberg launch site

during every launch, while sonic booms may be heard on NCI,

specifically San Miguel and Santa Rosa Islands, only during certain

launches of certain rocket types (principally Titan IV). Because the

noise may potentially result in disturbance of pinnipeds, an MMPA

authorization is required in order to exempt the applicant from the

penalties of the MMPA for taking by harassment that occurs in

compliance with such authorization.

Regulations, if issued, would replace annual incidental harassment

authorizations issued to Vandenberg for takings incidental to launches

by Lockheed Martin launch vehicles (62 FR 40335, July 28, 1997),

McDonnell Douglas Aerospace Delta II rocket launches (61 FR 59218,

November 21, 1996), Taurus launches (62 FR 734, January 6, 1997) and

Titan II and Titan IV launches (61 FR 64337, December 4, 1996). In

addition, these regulations would authorize takings incidental to

Minuteman and Peacekeeper missile launches, aircraft flight test

operations and helicopter operations, which have not been authorized

previously.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning the request and the structure and content of

the regulations to allow the taking. NMFS will consider this

information in developing proposed regulations to authorize the taking.

If NMFS proposes regulations to allow this take, interested parties

will be given ample time and opportunity to comment.

Dated: November 6, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

[FR Doc. 97-29935 Filed 11-13-97; 8:45 am]

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