[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Proposed Rules]
[Pages 61077-61078]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29935]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 971023253-7253-01; I.D. 093097E]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Rocket Launches
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of a petition for regulations and an
application for a small take exemption; request for comment and
information.
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SUMMARY: NMFS has received a request from the 30th Space Wing, U.S. Air
Force for a small take of marine mammals incidental to missile and
rocket launches, aircraft flight test operations and helicopter
operations at Vandenberg Air Force Base, CA (Vandenberg). As a result
of that request, NMFS is considering whether to propose regulations
that would authorize the incidental taking of a small number of marine
mammals. In order to issue such regulations, NMFS must determine that
these takings will have a negligible impact on the affected species and
stocks of marine mammals. NMFS invites comment on the application and
suggestions on the content of the regulations.
DATES: Comments and information must be postmarked no later than
December 15, 1997.
ADDRESSES: Comments should be addressed to Michael Payne, Chief, Marine
Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3226. A copy of the application may be
[[Page 61078]]
obtained by writing to the above address, telephoning the person below
(see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2055, or Irma Lagomarsino,
Southwest Regional Office, NMFS, (310) 980-4016.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the Marine Mammal Protection Act (16
U.S.C. 1361 et seq.) (MMPA) 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 for periods of 5 years or less if the
Secretary 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
regulations are prescribed setting forth the permissible methods of
taking, and the requirements pertaining to the monitoring and reporting
of such taking. 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.''
Description of Request
On September 30, 1997, NMFS received an application for an
incidental, small take exemption under section 101(a)(5)(A) of the MMPA
from the 30th Space Wing, Vandenberg to take marine mammals incidental
to missile and rocket launches, aircraft flight test operations, and
helicopter operations at Vandenberg.
Vandenberg is located on the south-central coast of California. The
base covers approximately 98,000 acres in western Santa Barbara County.
The Air Force's primary missions at Vandenberg are to launch and track
satellites in space, test and evaluate the United State's
intercontinental ballistic missile systems, and support aircraft
operations. As a nonmilitary facet of operations, Vandenberg is also
committed to promoting commercial space launch ventures.
Vandenberg anticipates a total of 10 launches annually for
Minuteman and Peacekeeper missiles from North Vandenberg and a total of
20 launches annually for space launches (6 Delta II, 3 Taurus, 2 Atlas,
3 Titan IV, 2 Titan II and 4 Lockheed launch vehicles) from South
Vandenberg.
Launch operations are a major source of noise. The operation of
launch vehicle engines produces significant sound levels. Generally,
four types of noise occur during a launch. They are: (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.
Noise disturbance from operations on Vandenberg may cause
negligible short-term impacts to pinnipeds (seals and sea lions) hauled
out on the Vandenberg coastline. The principal form of impacts would be
infrequent and unintentional incidental harassment resulting from noise
generated by aircraft and by missile and rocket launches. There is a
potential for launch noises and sonic booms to cause a startle response
and flight to water for those harbor seals, California sea lions and
other pinnipeds that may haul out on the coastline of Vandenberg and on
the Northern Channel Islands (NCI). Launch noise is expected to occur
over the coastal habitats in the vicinity of the Vandenberg launch site
during every launch, while sonic booms may be heard on NCI,
specifically San Miguel and Santa Rosa Islands, only during certain
launches of certain rocket types (principally Titan IV). Because the
noise may potentially result in disturbance of pinnipeds, an MMPA
authorization is required in order to exempt the applicant from the
penalties of the MMPA for taking by harassment that occurs in
compliance with such authorization.
Regulations, if issued, would replace annual incidental harassment
authorizations issued to Vandenberg for takings incidental to launches
by Lockheed Martin launch vehicles (62 FR 40335, July 28, 1997),
McDonnell Douglas Aerospace Delta II rocket launches (61 FR 59218,
November 21, 1996), Taurus launches (62 FR 734, January 6, 1997) and
Titan II and Titan IV launches (61 FR 64337, December 4, 1996). In
addition, these regulations would authorize takings incidental to
Minuteman and Peacekeeper missile launches, aircraft flight test
operations and helicopter operations, which have not been authorized
previously.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning the request and the structure and content of
the regulations to allow the taking. NMFS will consider this
information in developing proposed regulations to authorize the taking.
If NMFS proposes regulations to allow this take, interested parties
will be given ample time and opportunity to comment.
Dated: November 6, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-29935 Filed 11-13-97; 8:45 am]
BILLING CODE 3510-22-F