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 receipt of application and proposed authorization for

a small take exemption; request for comments.

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

continuation of an incidental harassment authorization to take small

numbers of marine mammals incidental to launches of Lockheed Martin

launch vehicles (LMLV) 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 May 8,

1998.

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

[[Page 17155]]

application, previous documentation and Federal Register notices on

this action may be obtained by writing to this address or by

telephoning the contact listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead 301-713-2055, or

Irma Lagomarsino 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) 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 LMLV (now identified as Athena) rockets from Vandenberg.

This 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 harbor

seals and other 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.

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 above

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. 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. 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.

Proposed Authorization

NMFS proposes to issue individual incidental harassment

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

of Lockheed Martin Athena rockets 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 would 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: April 2, 1998.

Hilda Diaz-Soltero,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 98-9258 Filed 4-7-98; 8:45 am]

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