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 issuance of incidental harassment authorizations.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection

Act (MMPA) as amended, notification is

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hereby given that Incidental Harassment Authorizations to take small

numbers of seals and sea lions by harassment incidental to launches of

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

Air Force Base, CA (Vandenberg) have been issued to the U.S. Air Force.

DATES: Effective December 19, 1997.

ADDRESSES: The application and authorizations 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.

A copy of the 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.

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

Force, Vandenberg, requesting continuation of authorizations 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 incorporated 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).

Comments and Responses

A notice of receipt of the application and the proposed

authorization was published on November 14, 1997 (62 FR 61092) and a

30-day public comment period was provided on the application and

proposed authorization. No comments were received during the comment

period.

Discussion

In addition to this action, 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. A

notice of this petition was published on November 14, 1997 (62 FR

61077).

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 and sonic booms on NCI 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. Launchings are 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 areas. 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. For these reasons, NMFS has determined that

the requirements of section 101(a)(5)(D) have been met and the

authorization can be issued.

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Authorization

For the above reasons, NMFS has issued an incidental harassment

authorization 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.

Dated: December 19, 1997.

Hilda Diaz-Soltero,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 97-33642 Filed 12-24-97; 8:45 am]

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