Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices 13251 

Dated: March 15, 2007. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–5174 Filed 3–20–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 022007C] 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Rocket Launches at 

Vandenberg Air Force Base, CA 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of issuance of a Letter of 

Authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA), as amended, and 

implementing regulations, notification 

is hereby given that a 1–year letter of 

authorization (LOA) has been issued to 

the 30th Space Wing, U.S. Air Force, to 

take four species of seals and sea lions 

incidental to rocket and missile 

launches on Vandenberg Air Force Base 

(VAFB), California. 

DATES: Effective March 17, 2007, 

through March 16, 2008. 

ADDRESSES: The LOA and supporting 

documentation are available for review 

by writing to P. Michael Payne, Chief, 

Permits, Conservation, and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service 

(NMFS), 1315 East-West Highway, 

Silver Spring, MD 20910–3225 or by 

telephoning one of the contacts listed 

below (see FOR FURTHER INFORMATION

CONTACT). Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address and at the 

Southwest Regional Office, NMFS, 501 

West Ocean Boulevard, Suite 4200, 

Long Beach, CA 90802. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison or Candace Nachman, Office of 

Protected Resources, NMFS, (301) 713–

2289, or Monica DeAngelis, NMFS, 

(562) 980–3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the National 

Marine Fisheries Service (NMFS) 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 

‘‘taking’’ means to harass, hunt, capture, 

or kill or to attempt to harass, hunt, 

capture, or kill marine mammals. 

Authorization may be granted for 

periods up to 5 years if NMFS finds, 

after notification and opportunity for 

public comment, that the taking will 

have a negligible impact on the species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

Pacific harbor seals (Phoca vitulina 

richardsi), northern elephant seals 

(Mirounga angustirostris), California sea 

lions (Zalophus californianus), and 

northern fur seals (Callorhinus ursinus), 

by harassment, incidental to missile and 

rocket launches, aircraft flight test 

operations, and helicopter operations at 

VAFB, were issued on February 6, 2004 

(69 FR 5720), and remain in effect until 

February 6, 2009. For detailed 

information on this action, please refer 

to that document. These regulations 

include mitigation, monitoring, and 

reporting requirements for the 

incidental take of marine mammals 

during missile and rocket launches at 

VAFB. 

This LOA is effective from March 17, 

2007 through March 16, 2008 and 

authorizes the incidental take of the four 

marine mammal species listed above 

that may result from the launching of up 

to 30 space and missile vehicles and up 

to 20 rockets annually from VAFB, as 

well as from aircraft and helicopter 

operations. Harbor seals haul-out on 

several sites on VAFB, and harbor seals, 

California sea lions, elephant seals, and 

northern fur seals are found on various 

haul-out sites and rookeries on San 

Miguel Island (SMI). Currently, five 

space launch vehicle programs use 

VAFB to launch satellites into polar 

orbit: Atlas IIAS, Delta II, Minotaur, 

Taurus, and Titan (II and IV). Also a 

variety of small missiles, several types 

of interceptor and target vehicles, and 

fixed-wing aircrafts are launched from 

VAFB. 

The activities under these regulations 

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. The 

noise generated by VAFB activities will 

result in the incidental harassment of 

pinnipeds, both behaviorally and in 

terms of physiological (auditory) 

impacts. The noise and visual 

disturbances from space launch vehicle 

and missile launches and aircraft and 

helicopter operations may cause the 

animals to move towards or enter the 

water. Take of pinnipeds will be 

minimized through 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; (2) missile and 

rocket launches must, whenever 

possible, not be conducted during the 

harbor seal pupping season of March 

through June; (3) VAFB must avoid, 

whenever possible, launches which are 

predicted to produce a sonic boom on 

the Northern Channel Islands during 

harbor seal, elephant seal, and 

California sea lion pupping seasons, 

March through June; and 4) monitoring 

methods will be reviewed by NMFS if 

post-launch surveys determine that an 

injurious or lethal take of a marine 

mammal occurred. VAFB will also use 

monitoring surveys, audio-recording 

equipment, and time-lapse video to 

monitor the animals before, during, and 

after rocket launches, and to measure 

sound levels generated by the launches. 

Reports will be submitted to NMFS after 

each LOA expires, and a final report 

will be submitted before the rule 

expires. 

Summary of Request 

NMFS received a request for a LOA 

pursuant to the aforementioned 

regulations that would authorize, for a 

period not to exceed 1 year, take of 

marine mammals, by harassment, 

incidental to rocket and missile 

launches at VAFB. 

Summary of Activity and Monitoring 

Under the Current LOA 

In compliance with the 2006 LOA, 

VAFB submitted an annual report on 

the rocket launches at VAFB. A 


jlentini on PROD1PC65 with NOTICES
13252 Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices 

summary of that report (SRS 

Technologies, 2007) follows. 

A total of five space vehicle launches 

and five launches of other vehicle types 

were conducted at VAFB between 

January 1, 2006, and December 31, 2006. 

The dates, locations, and monitoring 

required for the launches are 

summarized in Tables 1 and 2. 

TABLE 1. SUMMARY OF SPACE VEHICLE LAUNCHES AND MONITORING THAT OCCURRED AT VAFB IN 2006. 

Vehicle Date Time Launch Site Monitoring Conducted 

Minotaur COSMIC 14-Apr 18:40 SLC-8 South VAFB 

Delta II CLOUDSAT & CALIPSO 28-Apr 3:02 SLC-2 North VAFB and SMI 

Delta IV NROL-22 27-Jun 20:33 SLC-6 South VAFB and SMI 

Delta IV DMSP-17 4-Nov 5:53 SLC-6 South VAFB 

Delta II NROL-21 14-Dec 13:00 SLC-2 SMI 

TABLE 2. SUMMARY OF OTHER LAUNCHES AND MONITORING THAT OCCURRED AT VAFB IN 2006. 

Vehicle Date Time Launch Site Monitored 

Minuteman III SERV-3 16-Feb 0:01 LF-10 No 

Minuteman III GT 190-GM 7-Apr 6:00 LF-26 Yes 

Minuteman III GT 191-GM 14-Jun 1:22 LF-04 Yes 

Minuteman III GT 192-GT 20-Jul 3:14 LF-09 No 

Ground based Interceptor FTG-02 1-Sep 10:39 LF-23 No 

Two of the Minuteman III and the one 

Ground Based Interceptor launches 

occurred outside of the harbor seal 

pupping season, and a sonic boom of 

greater than 1 lb/ft2 (psf) was not 

predicted to occur at SMI as a result of 

the launch; therefore, no biological 

monitoring was required or conducted. 

With the exception of the Delta IV 

NROL–22 and Delta IV DMSP–17, 

acoustic measurements of all of the 

vehicles launched in 2006 had 

previously been taken and were not 

required or conducted again. 

VAFB also conducted 578 helicopter 

flights and 13,644 airfield operations in 

2006. There were no observed effects to 

pinnipeds from these activities. Also, no 

sea lion pups were born on VAFB in 

2006. 

Minotaur COSMIC 

Although no sonic boom greater than 

1 psf was predicted at SMI, the 

Minotaur COSMIC vehicle was 

launched during the harbor seal 

pupping season; therefore, monitoring 

was required at VAFB. Monitoring 

surveys at First Ledge and Flat Iron 

Rock haul-out sites in the days 

surrounding the launch revealed 

between 28 and 149 adult and juvenile 

seals and between nine and 29 pups. 

Between 11 and 76 seals and five to 29 

pups were found at the Amphitheatre, 

Brokeback, and Weaner Cove haul-out 

and pupping sites in the days just 

preceding and following the launch. 

The highest numbers of seals and pups 

were seen on April 15, the day after the 

launch. A video recording during the 

launch showed 23 of the 24 harbor seals 

present at the First Ledge haul-out site 

entering the water at the time of the 

launch. The remaining seal stopped just 

short of entering the water. No seals 

were seen returning to the beach within 

13 minutes of the launch, at which 

point darkness occurred. A harbor seal 

pup was found ‘‘fresh dead’’ 18 hours 

post-launch at the First Ledge haul-out 

site. This is discussed in further detail 

below. 

Delta II CLOUDSAT & CALIPSO 

The Delta II CLOUDSAT & CALIPSO 

rocket was launched during harbor seal 

pupping season, and a sonic boom of 

greater than 1 psf was predicted to reach 

SMI, so monitoring was required at both 

SMI and VAFB. At the Spur Road haulout site on north VAFB, a maximum of 

47 seals were seen during pre-launch 

surveys, and a maximum of 27 were 

seen in the days immediately following 

the launch. No pups were seen in the 

days surrounding the launch. No video 

recording was made because of the early 

hour of the launch. Point Bennett and 

Otter Harbor haul-out sites were 

monitored on SMI on the days 

surrounding the launch. Approximately 

250 California sea lions and 100 

northern elephant seals were seen. No 

sonic boom was heard by the monitors 

or registered on the acoustic monitoring 

equipment. There was no evidence of 

injury, mortality, or abnormal behavior 

in any harbor seals at VAFB or the 

monitored pinnipeds on SMI as a result 

of this launch. 

Delta IV NROL–22 

The Delta IV NROL–22 was launched 

during harbor seal pupping season, and 

a sonic boom of greater than 1 psf was 

expected to reach SMI; therefore, 

monitoring was required at both SMI 

and VAFB. Diurnal observations were 

conducted at Flat Iron Rock on south 

VAFB between 23 and 29 June. Prelaunch counts recorded a maximum of 

263 seals and no dependent pups, and 

post-launch counts found a maximum of 

243 seals and no dependent pups. A 

follow-up survey on 7 July recorded 

between 127 and 205 seals. Video 

recording during the launch was not 

possible because it was too dark. 

Monitors also surveyed Glass Float 

Beach on SMI from 25 through 29 June. 

A sonic boom was heard. All of the sea 

lions raised their heads. Thirty percent 

entered the water; 40 percent moved 

rapidly to the waterline but did not 

enter; and the remaining 30 percent 

stood alert and gradually moved toward 

the wave slopes. All harbor seals 

present immediately entered the water 

and swam away. There was no evidence 

of injury or mortality to any pinnipeds 

monitored on VAFB or SMI as a result 

of this launch. Due to an equipment 

malfunction during the calibration 

period, the amplitude of the sonic boom 

could not be determined. Additional 

measurements for this vehicle will be 

taken in the future. 

Delta IV DMSP–17 

Though no sonic boom greater than 1 

psf was predicted at SMI, and the 

launch occurred outside of the harbor 

seal pupping season, monitoring was 

still required for the Delta IV DMSP–17 

launch, as per the implementing 

regulations (69 FR 5720, February 6, 

2004). According to the regulations, 

acoustic and biological monitoring is 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 54 / Wednesday, March 21, 2007 / Notices 13253 

required for the first three launches of 

the Delta IV vehicle. Diurnal 

observations were made at Flat Iron 

Rock on south VAFB. Pre-launch counts 

indicate a daily maximum of seals 

ranging between 26 and 87 seals and 

between 11 and 68 seals post-launch. 

No dependent pups were seen in the 

days surrounding the launch. As the 

launch occurred in the pre-dawn hours, 

no video recording was taken. It is 

unknown if any seals were present at 

the time of the launch; however, the 

high level of the tide indicates that it is 

unlikely. The 1–hour average sound 

level during the hour of the Delta IV 

launch was 69.1 decibels (dB), 

approximately 17 dB above the average 

background noise levels at this site. 

Two juvenile harbor seals 

(approximately seven months old) were 

captured for hearing tests using auditory 

brainstem response (ABR) technique 

just prior to the Delta IV DMSP–17 

launch under Scientific Research Permit 

No. 859–1680. They were held for a 

total of 2 days, and were ABR tested 

prior to and then again after the launch. 

Each seal was fitted with a plastic 

numbered tag in the hind flipper and a 

VHF radio transmitter immediately 

prior to release. There was no evidence 

indicating that the launch noise from 

the Delta IV caused a loss in hearing 

acuity. There was no evidence of injury, 

mortality, or abnormal behavior in any 

of the monitored harbor seals at VAFB 

as a result of this launch. 

Delta II NROL–21 

No monitoring was conducted on 

VAFB for the Delta II NROL–21 launch 

since it occurred outside of the harbor 

seal pupping season. However, 

biological and acoustic monitoring were 

conducted on SMI. Survey counts found 

521 sea lions and 75 northern elephant 

seals. No sonic boom was heard or 

recorded. There was no evidence of 

injury, mortality, or abnormal behavior 

of any monitored pinnipeds on SMI as 

a result of this launch. 

Minuteman III 

Two of the Minuteman III launches (7 

April and 14 June) occurred during the 

harbor seal pupping season, so 

monitoring was required at VAFB. 

Between seven and 16 seals and one 

dependent pup were seen in the days 

surrounding the April 7 launch at Lion’s 

Head haul-out site. Between five and 11 

seals and one weaned pup were seen at 

the same site in the days surrounding 

the June 14 launch. Video recordings 

were not possible during the time of 

either launch due to darkness. However, 

it is unlikely that any seals were present 

since the launches occurred during high 

tide. There was likely only a small, 

temporary effect on hearing, if any. 

Harbor Seal Pup Mortality 

One dead harbor seal pup was 

observed at First Ledge on VAFB on 

April 15, approximately 18 hours postlaunch of the Minotaur COSMIC rocket. 

The pup appeared to be ‘‘fresh dead’’

when first observed at 1430 PDT. VAFB 

monitors were unable to determine if 

the death was related to the launch. The 

area where the pup was found has a lot 

of ledges and caves, making it difficult 

to see all areas at the site. It is possible 

the pup washed up dead on the beach, 

but there is no way to know for certain. 

The animal did not show any signs of 

being orphaned. Gulls were already 

pecking at the carcass when it was 

discovered, so there was no way to 

assess the injuries. Also, approaching 

the animal would have disturbed other 

mother/pup pairs on the beach. 

Additional conditions have been 

added to the 2007 LOA relating to 

serious injury and mortality. No take by 

serious injury or mortality is authorized 

in the LOA. VAFB is required to 

immediately contact staff at the NMFS 

Office of Protected Resources, Permits, 

Conservation, and Education Division, 

as well as staff at the Southwest 

Regional Office, NMFS if a dead 

pinniped is found during the 

monitoring period following a launch. 

In addition, the National Stranding 

Network must be notified immediately 

so that personnel can retrieve the 

carcass for examination, whenever 

possible. Every attempt will be made to 

collect a dead pinniped carcass 

discovered within 48 hours following a 

launch provided that the collection does 

not result in the disturbance (flushing) 

of other animals from the site. Any 

carcasses collected will be transferred to 

the Long Marine Laboratory in Santa 

Cruz, California for complete necropsy. 

Authorization 

The U.S. Air Force complied with the 

requirements of the 2006 LOA, and 

NMFS has determined that the marine 

mammal take resulting from the 2006 

launches is within that analyzed in and 

anticipated by the associated 

regulations. Accordingly, NMFS has 

issued a LOA to the 30th Space Wing, 

U.S. Air Force authorizing the take by 

harassment of marine mammals 

incidental to missile and rocket 

launches at VAFB. Issuance of this LOA 

is based on findings described in the 

preamble to the final rule (67 FR 5720, 

February 6, 2004) and supported by 

information contained in VAFB’s 2006 

annual report that the activities 

described under this LOA will result in 

the take of small numbers of marine 

mammals, will have a negligible impact 

on marine mammal stocks, and will not 

have an unmitigable impact on the 

availability of the affected marine 

mammal stocks for subsistence uses. 

Dated: March 13, 2007. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–5072 Filed 3–20–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 031607A] 

Pacific Fishery Management Council; 

Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Pacific Fishery 

Management Council (Council) and its 

advisory entities will hold public 

meetings. 

DATES: The Council and its advisory 

entities will meet April 2–6, 2007. The 

Council meeting will begin on Monday, 

April 2, at 2 p.m., reconvening each day 

through Friday. All meetings are open to 

the public, except a closed session will 

be held from 2 p.m. until 3 p.m. on 

Monday, April 2 to address litigation 

and personnel matters. The Council will 

meet as late as necessary each day to 

complete its scheduled business. 

ADDRESSES: The meetings will be held at 

the Seattle Marriott Hotel, 3201 South 

176th Street, Seattle, WA 98188; 

telephone: (206) 241–2000. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Donald O. McIsaac, Executive Director; 

telephone: (503) 820–2280. 

SUPPLEMENTARY INFORMATION: The 

following items are on the Council 

agenda, but not necessarily in this order: 

A. Call to Order 

1. Opening Remarks and 

Introductions 

2. Roll Call 

3. Executive Director’s Report 

4. Approve Agenda 

B. Enforcement Issues 

1. U. S. Coast Guard Annual Fishery 

Enforcement Report 


jlentini on PROD1PC65 with NOTICES