[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Notices]
[Pages 18528-18529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07316]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD203
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to U.S. Air Force Launches, Aircraft and Helicopter
Operations, and Harbor Activities Related To Launch Vehicles From
Vandenberg Air Force Base (VAFB), California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that a Letter of Authorization (LOA) has been issued to the U.S. Air
Force (USAF) to take marine mammals, by harassment, incidental to
launches, aircraft and helicopter operations from VAFB launch complexes
and Delta Mariner operations, cargo unloading activities, and harbor
maintenance dredging in support of the Delta IV/Evolved Expendable
Launch Vehicle (EELV) launch activity on south VAFB.
DATES: Effective from March 26, 2014, through March 26, 2019.
ADDRESSES: The LOA and supporting documentation may be obtained by
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits
and Conservation Division, Office of Protected Resources, NMFS, 1315
East West Highway, Silver Spring, MD 20910, calling the contact listed
under FOR FURTHER INFORMATION CONTACT, or visiting the Internet at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in
this notice may also be viewed, by appointment, during regular business
hours at the above address.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce (Secretary) to allow, upon request, the
incidental, but not intentional taking of small numbers 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. Under the MMPA, the term
``take'' means to harass, hunt, capture, or kill or to attempt to
harass, hunt, capture, or kill any marine mammal.
Authorization for incidental takings 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 certain subsistence uses,
and that the permissible methods of taking and requirements pertaining
to the mitigation, 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.''
The National Defense Authorization Act of 2004 (NDAA) (Pub. L. 108-
136) removed the ``small numbers'' and ``specified geographical
region'' limitations and amended the definition of ``harassment'' as it
applies to a ``military readiness activity'' to read as follows
(Section 3(18)(B) of the MMPA): ``(i) Any act that injures or has the
significant potential to injure a marine mammal or marine mammal stock
in the wild [Level A Harassment]; or (ii) any act that disturbs or is
likely to disturb a marine mammal or marine mammal stock in the wild by
causing disruption of natural behavioral patterns, including, but not
limited to, migration, surfacing, nursing, breeding, feeding, or
sheltering, to a point where such behavioral patterns are abandoned or
significantly altered [Level B Harassment].'' Because the USAF's
activities constitute military readiness activities, they are not
subject to the small numbers or specified geographic region
limitations.
Regulations governing the take of five species of marine mammals,
by Level B harassment, incidental to launches, aircraft and helicopter
operations, and harbor activities related to vehicles from VAFB were
issued on February 24, 2014 (79 FR 10016). These regulations are
effective from March 26, 2014, through March 26, 2019. The species
which are
[[Page 18529]]
authorized for taking by Level B harassment are: Pacific harbor seals;
California sea lions; northern elephant seals; northern fur seals; and
Steller sea lions. For detailed information on this action, please
refer to the final rule (79 FR 10016, February 24, 2014). These
regulations include mitigation, monitoring, and reporting requirements
for the incidental take of marine mammals during the specified
activities.
This LOA is effective from March 26, 2014, through March 26, 2019,
and authorizes the incidental take of the five marine mammal species
listed above that may result from launches, aircraft and helicopter
operations, and harbor activities related to vehicles from VAFB,
California.
The USAF states that these activities may result in take of marine
mammals from noise or visual disturbance from rocket and missile
launches, as well as from the use of heavy equipment during the Delta
Mariner (or similar vessel) off-loading operations, cargo movement
activities, increased presence of personnel, and harbor maintenance
dredging. The USAF launch and aircraft activities create two types of
noise: continuous (but short-duration) noise, due mostly to combustion
effects of aircraft and launch vehicles; and impulsive noise, due to
sonic boom effects. Launch operations are the major source of noise on
the marine environment from VAFB. The operation of launch vehicle
engines produces significant sound levels. Generally, noise is
generated from four sources during launches: (1) Combustion noise from
launch vehicle chambers; (2) jet noise generated by the interaction of
the exhaust jet and the atmosphere; (3) combustion noise from the post-
burning of combustion products; and (4) sonic booms. Launch noise
levels are highly dependent on the type of first-stage booster and the
fuel used to propel the vehicle. Therefore, there is a great similarity
in launch noise production within each class size of launch vehicles.
The noise generated by VAFB activities will result in the incidental
harassment of pinnipeds, both behaviorally and in terms of
physiological (auditory) impacts.
Acoustic and visual stimuli generated by the use of heavy equipment
during the Delta Mariner (or similar vessel) off-loading operations and
harbor dredging and the increased presence of personnel may have the
potential to cause Level B harassment of any pinnipeds hauled out in
the VAFB harbor. This disturbance from acoustic and visual stimuli is
the principal means of marine mammal taking associated with these
activities.
Take of marine mammals will be minimized through the implementation
of the following mitigation measures: (1) All aircraft and helicopter
flight paths must maintain a minimum distance of 1,000 ft (305 m) from
recognized seal haul-outs and rookeries (e.g., Point Sal, Purisima
Point, Rocky Point), except in emergencies or for real-time security
incidents (e.g., search-and-rescue, fire-fighting) which may require
approaching pinniped haul-outs and rookeries closer than 1,000 ft (305
m); (2) for missile and rocket launches, unless constrained by other
factors including human safety, national security concerns or launch
trajectories, holders of LOAs must schedule launches to avoid, whenever
possible, launches during the harbor seal pupping season of March
through June; (3) the USAF must avoid, whenever possible, launches
which are predicted to produce a sonic boom on the NCI during harbor
seal, elephant seal, California sea lion, and northern fur seal pupping
seasons; and (4) if post-launch surveys determine that an injurious or
lethal take of a marine mammal has occurred, the launch procedure and
the monitoring methods must be reviewed, in cooperation with NMFS, and
appropriate changes must be made through modification to an LOA, prior
to conducting the next launch of the same vehicle under that LOA. To
minimize marine mammal takes during harbor activities, the following
mitigation measures will be implemented: (1) If activities occur during
nighttime hours, turn on lighting equipment before dusk. The lights
would remain on for the entire night to avoid startling pinnipeds; (2)
initiate operations before dusk; (3) keep construction noises at a
constant level (i.e., not interrupted by periods of quiet in excess of
30 minutes) while pinnipeds are present; (4) if activities cease for
longer than 30 minutes and pinnipeds are in the area, initiate a
gradual start-up of activities to ensure a gradual increase in noise
levels; (5) a qualified observer would visually monitor the harbor
seals on the beach adjacent to the harbor and on rocks for any flushing
or other behaviors as a result of the activities; (6) the Delta Mariner
(or similar vessel) and accompanying vessels would enter the harbor
only when the tide is too high for harbor seals to haul-out on the
rocks; reducing speed to 1.5 to 2 knots (1.5-2 nm/hr; 2.8-3.7 km/hr)
once the vessel is within 3 mi (4.83 km) of the harbor. The vessel
would enter the harbor stern first, approaching the wharf and moorings
at less than 0.75 knot (1.4 km/hr); and (7) explore alternate dredge
methods and introduce quieter techniques and equipment as they become
available.
Through this LOA, the USAF is required to monitor for marine
mammals. The USAF is required to submit an annual report to NMFS by
March 1 of each year. The report will include data collected from the
monitoring program. Additional information on the mitigation,
monitoring, and reporting requirements can be found in the final rule
(79 FR 10016, February 26, 2014). The USAF is also required to submit a
comprehensive report, which shall provide full documentation of
methods, results, and interpretation of all monitoring during the
period of effectiveness of this LOA.
Dated: March 26, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-07316 Filed 4-1-14; 8:45 am]
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