[Federal Register Volume 62, Number 248 (Monday, December 29, 1997)]
[Notices]
[Pages 67618-67620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33642]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 093097E]
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 incidental harassment authorizations.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is
[[Page 67619]]
hereby given that Incidental Harassment Authorizations to take small
numbers of seals and sea lions by harassment incidental to launches of
Delta II, Titan II, Titan IV, and Taurus launch vehicles at Vandenberg
Air Force Base, CA (Vandenberg) have been issued to the U.S. Air Force.
DATES: Effective December 19, 1997.
ADDRESSES: The application and authorizations are available for review
in the following offices: Marine Mammal Division, Office of Protected
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 and
the Southwest Region, NMFS, 501 West Ocean Blvd. Long Beach, CA 90802.
A copy of the application, previous documentation and Federal Register
notices on this action may be obtained by writing to this address or by
telephoning the contact listed below.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources at 301-713-2055, or Irma Lagomarsino, Southwest
Regional Office at 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); 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. 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 one 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 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 October 7, 1997, NMFS received an application from the U.S. Air
Force, Vandenberg, requesting continuation of authorizations for the
harassment of small numbers of seals and sea lions incidental to
launches of Delta II, Titan II, Titan IV, and Taurus launch vehicles at
Vandenberg. This application incorporated by reference the information
contained in applications provided last year for these rocket launches.
These applications (Titan II and IV-January 24, 1996, Delta II-July 17,
1996, Taurus-August 14, 1996) are available upon request (see
ADDRESSES).
Comments and Responses
A notice of receipt of the application and the proposed
authorization was published on November 14, 1997 (62 FR 61092) and a
30-day public comment period was provided on the application and
proposed authorization. No comments were received during the comment
period.
Discussion
In addition to this action, 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 these 1-year authorizations, along with another issued
previously for Lockheed launch vehicles (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 from Vandenberg. A
notice of this petition was published on November 14, 1997 (62 FR
61077).
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 are harbor seals (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). In conjunction
with publication of the previous application notices for launch
activities, a description of the Southern California Bight population
of seals and sea lions and the potential impacts from rocket launches
on these species and stocks was provided on August 18, 1995 (60 FR
43120), and August 29, 1996 (61 FR 45404), for Delta II authorizations,
September 25, 1996 (61 FR 50276), for Taurus rocket authorization, and
March 15, 1996 (61 FR 10727), for Titan II and IV authorizations.
Interested reviewers are encouraged to refer to those documents for the
appropriate discussion. These documents are available 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.
Detailed descriptions of the expected impact from rocket launches on
harbor seals and other marine mammals have been provided in the above
referenced Federal Register notices and are not repeated here.
Conclusions
Based upon information provided by the applicant, and 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 and sonic booms on NCI is expected to result at worst, in 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. 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 seals and sea lions at
Vandenberg are unlikely. For these reasons, NMFS has determined that
the requirements of section 101(a)(5)(D) have been met and the
authorization can be issued.
[[Page 67620]]
Authorization
For the above reasons, NMFS has issued an incidental harassment
authorization for a period of time not to exceed 1 year for launches of
Delta II, Titan II, Titan IV, and Taurus launch vehicles at Vandenberg
provided the monitoring and reporting requirements currently in effect
are continued.
Dated: December 19, 1997.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 97-33642 Filed 12-24-97; 8:45 am]
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