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. 040298A]

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 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) to take small numbers of seals and sea

lions by harassment incidental to launches of Lockheed Martin Athena

launch vehicles (Athena) at Space Launch Complex 6 (SLC-6), Vandenberg

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

for a period not to exceed 1 year.

DATES: This authorization is effective from July 18, 1998, through July

17, 1999.

ADDRESSES: A copy of the application, authorization, previous

documentation, and Federal Register notices on this action may be

obtained by writing to the Chief, Marine Mammal Division, Office of

Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD

20910 or by telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Marine Mammal

Division, Office of Protected Resources at 301-713-2055, or Irma

Lagomarsino, Southwest Regional Office at 562-980-4016.

[[Page 30727]]

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) and will not have an

unmitigable adverse impact on the availability of the species or

stock(s) for subsistence uses, and that 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 1 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 a

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 10, 1998, 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 and possibly California sea

lions, northern elephant seals, and other pinnipeds incidental to

launches of Athena rockets from Vandenberg. The present authorization

expires on July 18, 1998. The U.S. Air Force application incorporates

by reference the information contained in applications provided each

year since 1995. Detailed descriptions of the activity and the expected

impact from rocket launches on marine mammals have been provided in

previous authorization notices for Lockheed (60 FR 24840, May 10, 1995;

60 FR 38308, July 26, 1995; 61 FR 19609, May 2, 1996; 61 FR 38437, July

24, 1996; 62 FR 26779, May 15, 1997; and 62 FR 40335, July 28, 1997).

These applications and notices are available upon request (see

ADDRESSES).

It should be noted that 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 this 1-year authorization, (see 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, and jet aircraft

and helicopter operations from Vandenberg.

Comments and Responses

A notice of receipt of the U.S. Air Force application and proposed

authorization was published on April 8, 1998 (63 FR 17154), and a 30-

day public comment period was provided on the application and proposed

authorization. No comments were received during the comment period.

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 is principally the harbor seal (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) may also be harassed, but in significantly smaller

numbers. A detailed description of the Southern California Bight

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

launches on these species and stocks, have been provided in the

previously referenced Federal Register notices and are not repeated

here. For the appropriate discussion, interested reviewers are

encouraged to refer to those documents, which are available upon

request 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.

Conclusions

Based upon information provided by the applicant and by 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 in, at worst, 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. Additionally, 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) of the MMPA have been met and the authorization

can be issued.

Authorization

For the above reasons, NMFS has issued an IHA for a period of time

not to exceed 1 year for launches of Athena rockets at SLC-6,

Vandenberg, provided the monitoring and reporting requirements

currently in effect are continued.

Dated: June 1, 1998.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 98-14868 Filed 6-4-98; 8:45 am]

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