Small Takes of Marine Mammals Incidental to Specified Activities; Space Launch Vehicles at Vandenberg Air Force Base, CA

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 093097E]

Small Takes of Marine Mammals Incidental to Specified Activities;

Space 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 applications and proposed authorizations

for small take exemptions; request for comments.

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

continuation of incidental harassment authorizations to take small

numbers of marine mammals incidental to launches of Delta II, Titan II,

Titan IV, and Taurus launch vehicles at Vandenberg Air Force Base, CA

(Vandenberg). Under the Marine Mammal Protection Act (MMPA), NMFS is

requesting comments on its proposal to continue to authorize these

takings (limited to harassment), for a period not to exceed 1 year.

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

15, 1997.

ADDRESSES: Comments on this 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 this

application, previous documentation and 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, or Irma Lagomarsino, Southwest

Regional Office at 562-980-4016.

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. 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.''

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

[[Page 61093]]

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 October 7, 1997, NMFS received an application from the U.S. Air

Force, Vandenberg, requesting continuation of an authorization for the

harassment of small numbers of seals and sea lions incidental to

launches of Delta II, Titan II, Titan IV, and Taurus launch vehicles at

Vandenberg. This application incorporates by reference the information

contained in applications provided last year for these rocket launches.

These applications (Titan II and IV-January 24, 1996, Delta II-July 17,

1996, Taurus-August 14, 1996) are available upon request (see

ADDRESSES).

NMFS has received a petition for regulations and an application for

a small take authorization under section 101(a)(5)(A) of the MMPA. If

implemented, this rulemaking will replace these 1-year authorizations,

along with another issued previously for Lockheed launch vehicles (62

FR 40335, July 28, 1997) with a 5-year regulatory program, governing

incidental takes of marine mammals by launches of all rocket and

missile types from Vandenberg. This petition is published elsewhere in

this issue of the Federal Register.

Description of Marine Mammals and Potential Effects of Launches on

Marine Mammals

The marine mammal species anticipated to be incidentally harassed

by launches from Vandenberg are 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 Northern Channel Islands (NCI). In conjunction

with publication of the previous application notices for launch

activities, a description of the Southern California Bight population

of seals and sea lions and the potential impacts from rocket launches

on these species and stocks was provided on August 18, 1995 (60 FR

43120), and August 29, 1996 (61 FR 45404), for Delta II authorizations,

September 25, 1996 (61 FR 50276), for Taurus rocket authorization, and

March 15, 1996 (61 FR 10727), for Titan II and IV authorizations.

Interested reviewers are encouraged to refer to those documents for the

appropriate discussion. These documents are available from NMFS (see

ADDRESSES)

As a result of the noise associated with launches and the sonic

boom resulting from some launch vehicles at certain trajectories, there

is a potential to cause a startle response to those seals and sea lions

that haul out on the coastline of Vandenberg and on the NCI. The effect

on the above listed seals and sea lions would be anticipated to result

in a negligible short-term impact to small numbers of seals and sea

lions that are hauled out at the time of a launch. 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 the above

referenced Federal Register notices and are not repeated here.

Conclusions

Based upon information provided by the applicant, and previous

reviews of the incidental take of seals and sea lions by this activity,

NMFS believes that the short-term impact of the rocket launches at

Vandenberg is expected to result at worst, in a temporary reduction in

utilization of the haulout as seals and/or sea lions leave the beach

for the safety of the water. The launching is not expected to result in

any reduction in the number of seals or sea lions, 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 seals and sea lions at Vandenberg are unlikely.

Proposed Authorization

NMFS proposes to issue individual incidental harassment

authorizations for a period of time not to exceed 1 year for launches

of Delta II, Titan II, Titan IV, and Taurus launch vehicles at

Vandenberg provided the monitoring and reporting requirements currently

in effect are continued. NMFS has preliminarily determined that the

proposed launches of these launch vehicles at Vandenberg would result

in the harassment taking of only small numbers of seals and sea lions,

and will have no more than a negligible impact on the species and

stocks of marine mammals.

Information Solicited

NMFS requests interested persons to submit comments, information,

and suggestions concerning this request (see ADDRESSES).

Dated: November 6, 1997.

Hilda Diaz-Soltero,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 97-29936 Filed 11-13-97; 8:45 am]

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