[Federal Register Volume 60, Number 90 (Wednesday, May 10, 1995)]
[Notices]
[Pages 24840-24843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11537]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050195E]


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.

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SUMMARY: NMFS has received a request from Lockheed Environmental 
Systems and Technologies Company, Las Vegas, NV (Lockheed) for 
authorization to take small numbers of harbor seals by harassment 
incidental to launches of Lockheed's launch vehicles 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 authorize Lockheed to incidentally take, by harassment, 
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 9, 
1995.

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 the references used in this document 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 Craig Wingert, Southwest 
Regional Office at 310-980-4021.

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.
    On April 30, 1994, the President signed Public Law 103-238, The 
Marine Mammal Protection Act Amendments of 1994. One part of this law 
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. 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 [[Page 24841]] 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 March 13, 1995, NMFS received an application from Lockheed 
requesting an authorization for the harassment of small numbers of 
harbor seals incidental to launches of Lockheed's launch vehicles (LLV) 
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. Lockheed intends to launch approximately 2 
LLVs during the period of this proposed 1-yr authorization (Air Force, 
1995)<SUP>1. 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 which haul out on the 
coastline south and southwest of Vandenberg and possibly on the 
northern 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 on the Channel Islands, specifically San Miguel 
Island (SMI) and Santa Rosa Island (SRI).

    \1\ A list of references used in this document can be obtained 
by writing to the address provided above (see ADDRESSES).
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Description of Habitat and Marine Mammal Affected by LLVs

    The Southern California Bight (SCB) including the Channel Islands, 
support a diverse assemblage of pinnipeds (seals and sea lions). 
California sea lions(Zalophus californianus), northern elephant seals 
(Mirounga angustirostris), harbor seals (Phoca vitulina) and northern 
fur seals (Callorhinus ursinus) breed there, with the largest rookeries 
on SMI and San Nicolas Island (Stewart et al., in press). Until 1977, a 
small rookery of Steller sea lions (Eumetopias jubatus) existed on SMI. 
However, there has been no breeding there since 1981 and no sightings 
since 1984 (Stewart et al., in press). Guadalupe fur seals 
(Arctocephalus townsendi) breed only on Isla de Guadalupe offshore Baja 
California, Mexico, but occasionally some are seen on the Channel 
Islands. More detailed descriptions of the SCB and its associated 
marine mammals can be found elsewhere (56 FR 1606, January 16, 1991).

Harbor Seals

    The Pacific harbor seal, which ranges from Baja California to the 
eastern Aleutian Islands, is the only marine mammal expected to be 
incidentally harassed by LLV launches from Vandenberg and therefore 
needs to be discussed in some detail. Harbor seals are considered 
abundant throughout most of their range and have increased 
substantially in the last 20 years. Hanan and Beeson (1994) reported 
18,099 seals counted on the mainland coast and islands of California 
during May and June, 1993. Using that count and Boveng's (1988) 
correction factor (1.4 times the count) for animals not hauled out, 
gives a best population estimate of 25,339 harbor seals in California.
    On the coastlines of South Vandenberg AFB, harbor seals are noted 
near Point Arguello, at the mouth of Oil Well Canyon, in the area 
surrounding Rocky Point and near the Boathouse Breakwater (Air Force, 
1995). The largest aggregations occur during the spring and early 
summer. In 1986, 500 harbor seals were censused at these sites (Hanan 
et al., 1987). In the spring, approximately 70 harbor seals may be 
found at Rocky Point, immediately south of SLC-6 (Air Force, 1995).
    On SMI during the breeding season, the population is estimated to 
be about 1,000 - 1,200 harbor seals (Hanan et al., 1993). Numbers are 
lowest in December, increase gradually from February to June, then 
sharply decrease again to a minimum in December. Pups are born from 
February through May. Pups nurse for about 4 weeks; nursing extends to 
at least the end of May. Breeding activities occur from mid-April to 
mid-June.
    Harbor seals haulout onto dry land for various biological reasons, 
including sleep (Krieber and Barrette, 1984; Terhune, 1985), predator 
avoidance and thermoregulation (Barnett, 1992). As harbor seals spend 
most of the evening and nighttime hours in the ocean (Bowles and 
Stewart, 1980), hauled-out seals spend much of their daytime hours in 
apparent sleep (Krieber and Barrette, 1984; Terhune, 1985). In addition 
to sleep, seals need to leave the ocean to avoid aquatic predators and 
excessive heat loss to the sea water (Barnett, 1992).
    However, the advantages of hauling out are counterbalanced by 
dangers of the terrestrial environment including predators. In general, 
because of these opposing biological forces, haulout groups are 
temporary, unstable aggregations (Sullivan, 1982). The size of the 
haulout group is thought to be an anti-predator strategy (da Silva and 
Terhune, 1988). By increasing their numbers at a haulout site, harbor 
seals optimize the opportunities for sleep by minimizing the 
requirement for individual vigilance against predators (Krieber and 
Barrette, 1984). This relationship between seals and their predators is 
thought to have represented a strong selection pressure for startle 
behavior patterns (da Silva and Terhune, 1988). As a result, harbor 
seals, which have been subjected to extensive predation or hunting, 
rush into the water at the slightest alarm. Startle response in harbor 
seals can vary from a temporary state of agitation by a few individuals 
to the complete abandonment of the beach area by the entire colony. 
Normally, when harbor seals are frightened by noise, or the approach of 
a boat, plane, human, or other potential predator, they will move 
rapidly to the relative safety of the water. Depending upon the 
severity of the disturbance, seals may return to the original haulout 
site immediately, stay in the water for some length of time before 
hauling out, or haulout in a different area. When disturbances occur 
late in the day, harbor seals may not haulout again until the next day.
    Disturbances have the potential to cause a more serious effect when 
herds are pupping or nursing, when aggregations are dense, and during 
the molting season. However, evidence to date has not indicated that 
anthropogenic disturbances have resulted in increased mortality to 
harbor seals. Bowles and Stewart (1980) for example, found that harbor 
seals tendency to flee, and the length of time before returning to the 
beach, decreased during the pupping season. They also found that 
maternal-pup separations in crowded colonies are considered frequent, 
natural occurrences that can result from several causes, including 
normal female-female or male-female interactions. Both factors 
apparently giving some protection to young seals from the startle 
response of the herd.
    Potential Effects of LLV Launches on Marine Mammals
    The effect on pinnipeds, particularly harbor seals, would be 
disturbance by sound which is anticipated to result in a negligible 
short-term impact to small [[Page 24842]] 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.
    The Air Force funded several studies in anticipation of launching 
the space shuttle from Vandenberg. In addition, monitoring studies have 
been conducted on pinnipeds during launches of the Titan IV at SLC-4 
(Stewart and Francine, 1992; Stewart et al., 1992 and 1993). On SMI, 
time-lapse photographic monitoring (Jehl and Cooper, 1982) show that in 
response to a specific stimulus, large numbers of pinnipeds move 
suddenly from the shoreline to the water. These events occur at a 
frequency of about 24 to 36 times per year for sea lions and seals 
other than harbor seals, and about 48 to 60 times annually for harbor 
seals. Visual stimuli such as humans and low-flying aircraft are much 
more likely to elicit this response than strictly auditory stimuli such 
as boat noise or sonic booms, which currently occur about 8 times a 
month. Observations indicated that it is rare for mass movement to take 
place in a panic, and no resulting pup or adult mortality has been 
observed under these circumstances.

South Vandenberg

    At South Vandenberg, launch noises are expected to impact only 
harbor seals as other marine mammals are not known to haulout at these 
sites with any frequency. The launch noise associated with the LLV 
under typical conditions would be about 93 dBA (118 dB) at the harbor 
seal haul-out areas which are about 1.5 mi (2.4 km) to the south and 
southwest of SLC-6 (Buhaly, 1993). This level would be much less than 
anticipated launch noises of either the Space Shuttle or Titan IV/
Centaur at similar distances (approximately 120 dBA/144 dB for Titan 
IV) for which small take authorizations have been issued in the past. 
In addition, the seaward aspects of the cliffs throughout much of the 
coastal area are expected to buffer the haul-out areas from launch 
noises during the earliest stages of LLV launches (USAF, 1995).
    As part of the small take authorization for Titan IV launches at 
SLC-4 (approximately 4.8 mi (7.7 km) north of Rocky Point), the U.S. 
Air Force has monitored the effects of launch noises on hauled out 
harbor seals (Stewart and Francine, 1992; Stewart et al., 1992 and 
1993). For four monitored launches, the sound exposure level ranged 
from 98.7 - 101.8 dBA (145 dB) (Stewart et al., 1993), a noise level 
that is similar to an F-16 jet overflight, although lower in frequency. 
This sound pressure level is approximately 20 dB less than predicted 
theoretically.
    During the 1992 and 1993 Titan IV launches, all or almost all, 
harbor seals that were ashore (1992-23 of 28; 1993-41 of 41) at the 
time fled into the water in response to the noise. In 1993 about 75 
percent of those seals returned ashore later that day, most within 90 
minutes of the disturbance (Stewart et al., 1993). No mortalities were 
reported at South Vandenberg as a result of any of the four monitored 
launches. As the LLV launches create less noise than the Titan IV, 
fewer harbor seals are expected to react to the launch noise.

Northern Channel Islands

    Depending upon the intensity and location of a sonic boom, 
pinnipeds on SMI or SRI may exhibit an alert response or stampede into 
the water. However, while it is highly probable that focused sonic 
booms from LLVs would occur over the Channel Islands, maximum 
overpressures of these sonic booms are estimated to be 1.0 pound/
foot<SUP>2 (psf) over the northern part of SMI (Air Force, 1995). A 
sonic boom with an overpressure of 1.0 psf or less is not considered 
significant (equivalent to hearing two hands clapped together at a 
distance of one foot).
    The sonic booms resulting from launches of the LLV will vary with 
the type of vehicle and the specific ground location. For example, the 
sonic boom from LLV-3 (the largest of the LLV rockets) is not expected 
to intersect any portion of the northern Channel Islands, but instead 
will focus on the open water southwest of the Islands. Also, while it 
is predicted that launches of the LLV 1 and LLV 2 will produce sonic 
booms over portions of the Channel Islands, the maximum overall sound 
pressure levels is not expected to exceed 80 dBA and in most cases will 
not exceed 70 dBA (Air Force, 1995). These sonic boom levels are likely 
to be indistinguishable from background noises caused by wind and surf 
(Air Force, 1995).
    Monitoring of the effects of noise generated from Titan IV launches 
on SMI pinnipeds in 1991 (Stewart et al., 1992) demonstrated that noise 
levels from a sonic boom of 133 dB (111.7 dBA) caused an alert response 
by small numbers of California sea lions, but no response from other 
pinniped species present (including harbor seals). In 1993, an 
explosion of a Titan IV created a sonic boom-like pressure wave and 
caused approximately 45 percent of the California sea lions 
(approximately 23,400, including 14-15,000 1-month old pups, were 
hauled-out on SMI during the launch) and 2 percent of the northern fur 
seals to enter the surf zone. Although, approximately 15 percent of the 
sea lion pups were temporarily abandoned when their mothers fled into 
the surf, no injuries or mortalities were observed. Most animals were 
returning to shore within 2 hours of the disturbance (Stewart et al., 
1993).
    Since the noise level from LLV launches is expected to be well 
below both these levels and the threshold criteria of 101 dBA 
identified by Stewart et al. (1993), no incidental harassment takings 
are anticipated to occur on the northern Channel Islands.

Mitigation

    Unless constrained by other factors including but not limited to, 
human safety, national security or launch trajectories, efforts to 
ensure minimum negligible impacts of LLV launches on harbor seals and 
other pinnipeds are proposed for inclusion in the Incidental Harassment 
Authorization. These proposals include:
    1. Avoidance whenever possible of launches during the harbor seal 
pupping season of February through May;
    2. Preference for launches after June 1 and prior to December 1; 
and,
    3. Preference for night launches during the period when harbor 
seals are hauled out in any numbers.

Monitoring

    NMFS proposes that the Holder of the Incidental Harassment 
Authorization will monitor the impact of LLV launches on the harbor 
seal haulouts at Rocky Point or in the absence of harbor seals at that 
location, at another South Vandenberg location, and on the northern 
part of SMI during the 1-year period of authorization in order to 
verify the assumptions made in this finding. A report on this 
monitoring program will be required to be submitted prior to next 
year's authorization request. A determination will be made at that time 
on the need to continue monitoring future launches at these locations.

Conclusions

    The short-term impact of the launching of LLVs are 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 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 and the 
northern Channel Islands are unlikely. [[Page 24843]] 
    There is no known recent subsistence use of harbor seals in 
southern California.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization for 1 
year for launches of the LLV at SLC-6 provided the above mentioned 
monitoring and reporting requirements are incorporated. NMFS has 
preliminarily determined that the proposed launches of the LLV 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 of this 
stock for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: May 4, 1995.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 95-11537 Filed 5-9-95; 8:45 am]
BILLING CODE 3510-22-F