[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)] [Notices] [Pages 19609-19610] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-10867] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 042696B] Small Takes of Marine Mammals Incidental to Specified Activities; Lockheed 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. ----------------------------------------------------------------------- SUMMARY: NMFS has received a request from the U.S. Air Force for continuation of an authorization to take small numbers of harbor seals by harassment incidental to launches of Lockheed launch vehicles (LLVs) at Space Launch Complex 6 (SLC-6), Vandenberg Air Force Base, CA (Vandenberg). Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to continue to authorize the incidental take, by harassment, of small numbers of harbor seals in the vicinity of Vandenberg for a period of 1 year. DATES: Comments and information must be received no later than June 3, 1996. ADDRESSES: Comments on the application should be addressed to Chief, Marine Mammal Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the application and previous Federal Register notices on this action may be obtained by writing to this address or by telephoning one of the contacts listed below. FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of Protected Resources at 301-713-2055, or Irma Lagomarsino, Southwest Regional Office at 310-980-4016. 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. Public Law 103-238, the Marine Mammal Protection Act Amendments of 1994, added a new subsection 101(a)(5)(D) to the MMPA to establish an expedited process by which citizens of the United States 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.'' New 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 April 1, 1996, 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 incidental to launches of LLVs at SLC-6, Vandenberg. These launches would place commercial payloads into low earth orbit using its family of vehicles (LLV-1, LLV- 2 and LLV-3). Because of the requirements for circumpolar trajectories of the LLV and its payloads, the use of SLC-6 is the only feasible alternative within the United States. As a result of the noise associated with the launch itself and the resultant sonic boom, these noises have the potential to cause a startle response to those harbor seals that haul out on the coastline south and southwest of Vandenberg and may be detectable to marine mammals west of the Channel Islands. Launch noise would be expected to occur over the coastal habitats in the vicinity of SLC-6 while low-level sonic booms could be heard west of the Channel Islands. Description of Habitat and Marine Mammals Affected by LLVs The only marine mammal anticipated to be incidentally harassed by LLV launches is the harbor seal (Phoca vitulina). A description of the Southern California Bight population of harbor seals was provided on May 10, 1995 (60 FR 24840) in conjunction with publication of the previous notice of application for this activity. Interested reviewers are encouraged to refer to that document for the appropriate discussion. This document is available from NMFS (see ADDRESSES). Potential Effects of LLV Launches on Marine Mammals The effect on harbor seals would be disturbance by sound which is anticipated to result in a negligible short-term impact to small numbers of harbor seals that are hauled out at the time of LLV launches. 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 previous notices (60 FR 24840, May 10, 1995; 60 FR 38308, July 26, 1995; 60 FR 43120, August 18, 1995; 60 FR 52653, October 10, 1995; and 61 FR 10727, March 15, 1996) and are not repeated here. These documents are available from NMFS (see ADDRESSES). Conclusions Based upon information provided by the applicant, and previous reviews of the incidental take of harbor seals by this activity, NMFS believes that the short-term impact of the launching of [[Page 19610]] LLVs is expected to result at worst, in a temporary reduction in utilization of the haulout as seals leave the beach for the safety of the water. The launching is not expected to result in any reduction in the number of harbor seals, and they are expected to continue to occupy the same area. 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 harbor seals at Vandenberg are unlikely. Proposed Authorization NMFS proposes to issue an incidental harassment authorization for 1 year for launches of LLVs at SLC-6 provided the monitoring and reporting requirements currently in effect are continued. NMFS has preliminarily determined that the proposed launches of LLVs at SLC-6 would result in the harassment taking of only small numbers of harbor seals, will have a negligible impact on the harbor seal stock and will not have an unmitigable adverse impact on the availability for subsistence uses. Information Solicited NMFS requests interested persons to submit comments, information, and suggestions concerning this request (see ADDRESSES). Dated: April 25, 1996. Patricia A. Montanio, Acting Office Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 96-10867 Filed 5-1-96; 8:45 am] BILLING CODE 3510-22-F