# Small Takes of Marine Mammals Incidental to Specified Activities; Space Launch Vehicles at Vandenberg Air Force Base, CA > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A98-14868 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 5, 1998 - **Citation:** 63 FR 30726 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-22-F --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A98-14868. Public record. Not legal advice.