Small Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities Related to the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force Base, CA, 36321-36323 [E6-10044]
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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Notices
Because the countervailing duty rates
for all of the above–noted companies are
either less than 0.5 percent and,
consequently, de minimis, or zero, we
will instruct CBP to liquidate entries of
these companies during the period
January 1, 2004, through December 31,
2004, without regard to countervailing
duties in accordance with 19 CFR
351.106(c). The Department will issue
appropriate instructions directly to CBP
within 15 days of publication of these
final results of this review.
For all other companies that were not
reviewed (except Barilla G. e R. F.lli
S.p.A. and Gruppo Agricoltura Sana
S.r.L., which are excluded from the
order), the Department has directed CBP
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entries between January 1, 2004, and
December 31, 2004, at the rates in effect
at the time of entry.
We are revoking the order, in part,
with respect to pasta from Italy
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In accordance with 19 CFR
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suspension of liquidation for pasta
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Since the countervailable subsidy
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Atar are de minimis, the Department
will instruct CBP to continue to suspend
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countervailing duties for the above–
noted companies on all shipments of the
subject merchandise that are entered, or
withdrawn from warehouse, for
consumption on or after the date of
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For all non–reviewed firms (except
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excluded from the order), we will
instruct CBP to collect cash deposits of
estimated countervailing duties at the
most recent company–specific or all–
others rate applicable to the company.
These rates shall apply to all non–
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hereby requested. Failure to comply
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FOR FURTHER INFORMATION CONTACT:
Dated: June 20, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–10030 Filed 6–23–06; 8:45 am]
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce 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 either regulations are
issued or, if the taking is limited to
harassment, notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
may be granted if NMFS finds that the
taking will have no more than 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 that the permissible methods of
taking and requirements pertaining to
the mitigation, monitoring and reporting
of such taking are set forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 060806C]
Small Takes of Marine Mammals
Incidental to Specified Activities;
Harbor Activities Related to the Delta
IV/Evolved Expendable Launch Vehicle
at Vandenberg Air Force Base, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
SUMMARY: In accordance with the
provisions of the Marine Mammal
Protection Act (MMPA) as amended,
notification is hereby given that NMFS
has issued an Incidental Harassment
Authorization (IHA) to The Boeing
Company (Boeing) to take small
numbers of marine mammals, by Level
B harassment, incidental to harbor
activities related to the Delta IV/Evolved
Expendable Launch Vehicle (EELV) at
south Vandenberg Air Force Base, CA
(VAFB).
Effective June 21, 2006, to June
20, 2007.
ADDRESSES: A copy of the IHA and the
application are available by writing to
Michael Payne, Chief, Permits,
Conservation, and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. A copy of the
application containing a list of
references used in this document may
be obtained by writing to this address,
by telephoning the contact listed here
(See FOR FURTHER INFORMATION CONTACT)
or online at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm. Documents
cited in this notice may be viewed, by
appointment, during regular business
hours, at the aforementioned address.
DATES:
PO 00000
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Fmt 4703
Sfmt 4703
Jolie
Harrison, (301) 713–2289, ext. 166 or
Monica DeAngelis, (562) 980–3232.
SUPPLEMENTARY INFORMATION:
Background
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.
Section 101(a)(5)(D) of the MMPA
established 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. Except
for certain categories of activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[‘‘Level A harassment’’]; or (ii) 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
[‘‘Level B harassment’’].
Section 101(a)(5)(D) establishes a 45day 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 determine whether to issue the
authorization with appropriate
conditions.
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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Notices
Summary of Request
Comments and Responses
On February 28, 2006, NMFS received
an application from Boeing requesting
an authorization for the harassment of
small numbers of Pacific harbor seals
(Phoca vitulina richardsi) and California
sea lions (Zalophus californianus)
incidental to harbor activities related to
the Delta IV/EELV, including: transport
vessel operations, cargo movement
activities, harbor maintenance dredging,
and kelp habitat mitigation operations.
In addition, northern elephant seals
(Mirounga angustirostris) may also be
incidentally harassed but in even
smaller numbers. Incidental Harassment
Authorizations (IHAs) were previously
issued to Boeing in 2002 (67 FR 36151),
2003 (68 FR 36540), 2004 (69 FR 29696),
and 2005 (70 FR 30697). No work and,
therefore, no monitoring was conducted
under the 2005 IHA. The harbor where
activities will take place is on south
VAFB approximately 2.5 mi (4.02 km)
south of Point Arguello, CA and
approximately 1 mi (1.61 km) north of
the nearest marine mammal pupping
site (i.e., Rocky Point).
Additional background relating to this
application and the scope of the
activities is set forth in the proposed
notice (71 FR 26069, May 3, 2006) and
is not repeated here. The activities to be
conducted have not changed between
the notice of the proposed activities and
this final notice announcing the
issuance of the IHA.
On May 3, 2006 (71 FR 26069), NMFS
published a notice of receipt of
application of an IHA on MBNMS’s
request to take marine mammals, by
harassment, incidental to harbor
activities related to the Delta IV/EELV,
including: transport vessel operations,
cargo movement activities, harbor
maintenance dredging, and kelp habitat
mitigation and requested comments,
information and suggestions concerning
the request. During the 30-day public
comment period, NMFS received one
comment.
Comment: The commenter opposed
the issuance of permits to allow killing
of marine mammals.
Response: NMFS does not believe that
the authorized activities will result in
the death of any marine mammals, nor
does this IHA authorize any marine
mammal mortality.
rwilkins on PROD1PC63 with NOTICES
Specified Activities
Delta Mariner off-loading operations
and associated cargo movements will
occur a maximum of 3 times per year,
each of which is estimated to take
approximately between 14 and 18 hours
in good weather.
To accommodate the Delta Mariner,
the harbor will need to be dredged,
removing approximately 3,000 to 5,000
cubic yards of sediment per dredging.
Dredge operations, from set-up to teardown, would continue 24-hours a day
for 3 to 5 weeks. Sedimentation surveys
have shown that initial dredging
indicates that maintenance dredging
should be required annually or twice
per year, depending on the hardware
delivery schedule.
A more detailed description of the
work proposed for 2006/2007 is
contained in the re-application which is
available upon request (see ADDRESSES)
and in the Final US Air Force
Environmental Assessment for Harbor
Activities Associated with the Delta IV
Program at Vandenberg Air Force Base
(ENSR International, 2001).
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Marine Mammals Affected by the
Activity
The marine mammal species likely to
be harassed incidental to harbor
activities at south VAFB are the Pacific
harbor seal, California sea lion, and
northern elephant seal, which haul out
in the area where these activities are
conducted. None of the haul-out areas
near these activities are used for
breeding, molting, or mating. A more
detailed discussion of the status of these
stocks and their occurrence at VAFB, as
well as other marine mammal species
that occur at VAFB, was included in the
notice of the proposed IHA (71 FR
26069, May 3, 2006).
Potential Effects of Activities on Marine
Mammals
The primary impacts to marine
mammals from these activities are
expected to be short-term behavioral
reactions in response to the acoustic and
visual stimuli produced by the heavy
machinery used. NMFS anticipates that
no injury will result from these actions.
A discussion of the sound levels
produced by the equipment, behavioral
reactions of marine mammals to loud
noises or looming visual stimuli, and
some specific observations of the
response of marine mammals to this
activity gathered during previous
monitoring were presented in the
proposed IHA (71 FR 26069, May 3,
2006) and will not be repeated here. For
a further discussion of the anticipated
effects of the planned activities on
pinnipeds in the area, please refer to the
application, NMFS 2005 Environmental
Assessment (EA) and ENSR
International’s 2001 Final EA.
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Numbers of Marine Mammals Expected
to be Harassed
Boeing estimates that a maximum of
43 harbor seals per day may be hauled
out near the south VAFB harbor, with a
daily average of 21 seals sighted when
tidal conditions were favorable during
previous dredging operations in the
harbor. Considering the maximum and
average number of seals hauled out per
day, assuming that the seals may be
seen twice a day, and using a maximum
total of 73 operating days in 2006–2007,
NMFS estimates that a maximum of 767
to 1570 Pacific harbor seals may be
subject to Level B harassment out of a
total estimated population of 31,600.
These numbers are small relative to this
population size (2.4 - 5.0 percent).
During wharf modification activities,
a maximum of six California sea lions
were seen hauling out in a single day.
Based on the above-mentioned
calculation, NMFS believes that a
maximum of 219 California sea lions
may be subject to Level B harassment
out of a total estimated population of
240,000. These numbers are small
relative to this population size (less than
0.1 percent). Up to 10 northern elephant
seals (because they may be in nearby
waters) may be subject to Level B
harassment out of a total estimated
population of 101,000. These numbers
are small relative to this population size
(less than 0.01 percent).
Possible Effects of Activities on Marine
Mammal Habitat
The anticipated negative effects of
dredging and kelp mitigation (shortterm increase in noise and
sedimentation) will be short-term and
are not expected to result in a loss or
modification to the habitat used by
Pacific harbor seals, California sea lions,
or northern elephant seals that haul out
near the south VAFB harbor. Additional
details were provided in the proposed
IHA (71 FR 26069, May 3, 2006).
Possible Effects of Activities on
Subsistence Needs
There are no subsistence uses for
pinnipeds in California waters, and
thus, there are no anticipated effects on
subsistence needs.
Mitigation
To reduce the potential for
disturbance from visual and acoustic
stimuli associated with the activities
Boeing and/or its designees will
undertake the following marine
mammal mitigating measures:
(1) If activities occur during nighttime
hours, lighting will be turned on before
dusk and left on the entire night to
avoid startling pinnipeds at night;
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Federal Register / Vol. 71, No. 122 / Monday, June 26, 2006 / Notices
(2) Activities will be initiated before
dusk;
(3) Construction noises must be kept
constant (i.e., not interrupted by periods
of quiet in excess of 30 minutes) while
pinnipeds are present;
(4) If activities cease for longer than
30 minutes and pinnipeds are in the
area, start-up of activities will include a
gradual increase in noise levels;
(5) A NMFS-approved marine
mammal observer will visually monitor
the pinnipeds on the beach adjacent to
the harbor and on rocks for any flushing
or other behaviors as a result of Boeing’s
activities (see Monitoring); and
(6) To the extent possible, the Delta
Mariner and accompanying vessels will
enter the harbor only when the tide is
too high for harbor seals to haul-out on
the rocks. The vessel will reduce speed
1.5 to 2 knots (2.8–3.7 km/hr) once the
vessel is within 3 mi (4.83 km) of the
harbor. The vessel will enter the harbor
stern first, approaching the wharf and
mooring dolphins at less than 0.75 knot
(1.4 km/hr).
rwilkins on PROD1PC63 with NOTICES
Monitoring
As part of its 2002 application, Boeing
provided a proposed monitoring plan
for assessing impacts to harbor seals
from the activities at south VAFB harbor
and for determining when mitigation
measures should be employed. NMFS
proposes the same plan for this IHA.
A NMFS-approved and VAFBdesignated biologically trained observer
will monitor the area for pinnipeds
during all harbor activities. During
nighttime activities, the harbor area will
be illuminated, and the monitor will use
a night vision scope. Monitoring
activities will consist of:
(1) Conducting baseline observation of
pinnipeds in the project area prior to
initiating project activities;
(2) Conducting and recording
observations on pinnipeds in the
vicinity of the harbor for the duration of
the activity occurring when tides are
low enough for pinnipeds to haul out
(2 ft, 0.61 m, or less); and
(3) Conducting post-construction
observations of pinniped haul-outs in
the project area to determine whether
animals disturbed by the project
activities return to the haul-out.
Monitoring results from previous
years of these activities have been
reviewed and incorporated into the
analysis of potential effects in this
document, as well as the take estimates.
Reporting
Boeing will notify NMFS 2 weeks
prior to initiation of each activity. After
each activity is completed, Boeing will
provide a report to NMFS within 90
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days. This report will provide dates and
locations of specific activities, details of
seal behavioral observations, and
estimates of the amount and nature of
all takes of seals by harassment or in
other ways. In addition, the report will
include information on the weather, the
tidal state, the horizontal visibility, and
the composition (species, gender, and
age class) and locations of haul-out
group(s). In the unanticipated event that
any marine mammal is injured or killed
as a result of these activities, Boeing or
its designee shall report the incident to
NMFS immediately.
mitigation) will result in the Level B
Harassment of small numbers of Pacific
harbor seals, California sea lions, and
northern elephant seals. The effects of
Boeing’s harbor activities are expected
to be in the form of short-term and
localized behavioral changes and no
take by injury or death is anticipated or
authorized. NMFS has further
determined that these takes will have a
negligible impact on the affected marine
mammal species and stocks and will not
have an unmitigable adverse impact on
the availability of such marine mammal
species and stocks for subsistence uses.
Endangered Species Act
This action will not affect species
listed under the Endangered Species Act
(ESA) that are under the jurisdiction of
NMFS. VAFB formally consulted with
U.S. Fish and Wildlife Service (FWS) in
1998 on the possible take of southern
sea otters during Boeing’s harbor
activities at south VAFB. A Biological
Opinion was issued in August 2001,
which concluded that the proposed
activities were not likely to jeopardize
the continued existence of the southern
sea otter. The activities covered by this
IHA are analyzed in that Biological
Opinion, and this IHA does not modify
the action in a manner that was not
previously analyzed.
Authorization
NMFS has issued an IHA to take
marine mammals, by Level B
harassment, incidental to conducting
harbor activities at VAFB to Boeing for
a 1-year period, provided the mitigation,
monitoring, and reporting requirements
are undertaken.
National Environmental Policy Act
In 2001, the USAF prepared an
Environmental Assessment (EA) for
Harbor Activities Associated with the
Delta IV Program at Vandenberg Air
Force Base. In 2005, NMFS prepared an
EA supplementing the information
contained in the USAF EA and issued
a Finding of No Significant Impact
(FONSI) on the issuance of an IHA for
Boeing’s harbor activities in accordance
with section 6.01 of the National
Oceanic and Atmospheric
Administration Administrative Order
(NAO) 216–6 (Environmental Review
Procedures for Implementing the
National Environmental Policy Act, May
20, 1999). The proposed activity is
within the scope of NMFS’2005 EA and
FONSI.
Conclusions
NMFS has issued an IHA to Boeing
for harbor activities related to the Delta
IV/EELV to take place at south VAFB
over a 1-year period, contingent upon
adherence to the previously mentioned
mitigation, monitoring, and reporting
requirements. NMFS has determined
that the impact of harbor activities
related to the Delta IV/EELV at VAFB
(transport vessel operations, cargo
movement activities, harbor
maintenance dredging, and kelp habitat
PO 00000
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Dated: June 19, 2006.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E6–10044 Filed 6–23–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2006–0014]
Changes to Practice for Petitions in
Patent Applications To Make Special
and for Accelerated Examination
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The United States Patent and
Trademark Office (USPTO) has
established procedures under which the
examination of a patent application may
be accelerated. Under one of these
procedures, the USPTO will advance an
application out of turn for examination
if the applicant files a grantable petition
to make special under the accelerated
examination program. The USPTO is
revising its procedures for applications
made special under the accelerated
examination program with the goal of
completing examination within twelve
months of the filing date of the
application. The USPTO is similarly
revising the procedures for other
petitions to make special, except those
based on applicant’s health or age or the
recently announced Patent Prosecution
Highway (PPH) pilot program between
the USPTO and the Japan Patent Office.
DATES: Effective Date: The change in
practice in this notice applies to
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]]>Agencies
[Federal Register Volume 71, Number 122 (Monday, June 26, 2006)]
[Notices]
[Pages 36321-36323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10044]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 060806C]
Small Takes of Marine Mammals Incidental to Specified Activities;
Harbor Activities Related to the Delta IV/Evolved Expendable Launch
Vehicle at Vandenberg Air Force Base, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the provisions of the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an Incidental Harassment Authorization (IHA) to The
Boeing Company (Boeing) to take small numbers of marine mammals, by
Level B harassment, incidental to harbor activities related to the
Delta IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg
Air Force Base, CA (VAFB).
DATES: Effective June 21, 2006, to June 20, 2007.
ADDRESSES: A copy of the IHA and the application are available by
writing to Michael Payne, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to this address, by telephoning the contact listed here (See
FOR FURTHER INFORMATION CONTACT) or online at: https://
www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may be viewed, by appointment, during regular business hours, at
the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, (301) 713-2289, ext.
166 or Monica DeAngelis, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce 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 either regulations are issued or, if the taking
is limited to harassment, notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings may be granted if NMFS finds
that the taking will have no more than 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 that
the permissible methods of taking and requirements pertaining to the
mitigation, 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.
Section 101(a)(5)(D) of the MMPA established 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.
Except for certain categories of activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [``Level A harassment'']; or (ii) 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
[``Level B harassment''].
Section 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 determine whether to issue the authorization
with appropriate conditions.
[[Page 36322]]
Summary of Request
On February 28, 2006, NMFS received an application from Boeing
requesting an authorization for the harassment of small numbers of
Pacific harbor seals (Phoca vitulina richardsi) and California sea
lions (Zalophus californianus) incidental to harbor activities related
to the Delta IV/EELV, including: transport vessel operations, cargo
movement activities, harbor maintenance dredging, and kelp habitat
mitigation operations. In addition, northern elephant seals (Mirounga
angustirostris) may also be incidentally harassed but in even smaller
numbers. Incidental Harassment Authorizations (IHAs) were previously
issued to Boeing in 2002 (67 FR 36151), 2003 (68 FR 36540), 2004 (69 FR
29696), and 2005 (70 FR 30697). No work and, therefore, no monitoring
was conducted under the 2005 IHA. The harbor where activities will take
place is on south VAFB approximately 2.5 mi (4.02 km) south of Point
Arguello, CA and approximately 1 mi (1.61 km) north of the nearest
marine mammal pupping site (i.e., Rocky Point).
Additional background relating to this application and the scope of
the activities is set forth in the proposed notice (71 FR 26069, May 3,
2006) and is not repeated here. The activities to be conducted have not
changed between the notice of the proposed activities and this final
notice announcing the issuance of the IHA.
Specified Activities
Delta Mariner off-loading operations and associated cargo movements
will occur a maximum of 3 times per year, each of which is estimated to
take approximately between 14 and 18 hours in good weather.
To accommodate the Delta Mariner, the harbor will need to be
dredged, removing approximately 3,000 to 5,000 cubic yards of sediment
per dredging. Dredge operations, from set-up to tear-down, would
continue 24-hours a day for 3 to 5 weeks. Sedimentation surveys have
shown that initial dredging indicates that maintenance dredging should
be required annually or twice per year, depending on the hardware
delivery schedule.
A more detailed description of the work proposed for 2006/2007 is
contained in the re-application which is available upon request (see
ADDRESSES) and in the Final US Air Force Environmental Assessment for
Harbor Activities Associated with the Delta IV Program at Vandenberg
Air Force Base (ENSR International, 2001).
Comments and Responses
On May 3, 2006 (71 FR 26069), NMFS published a notice of receipt of
application of an IHA on MBNMS's request to take marine mammals, by
harassment, incidental to harbor activities related to the Delta IV/
EELV, including: transport vessel operations, cargo movement
activities, harbor maintenance dredging, and kelp habitat mitigation
and requested comments, information and suggestions concerning the
request. During the 30-day public comment period, NMFS received one
comment.
Comment: The commenter opposed the issuance of permits to allow
killing of marine mammals.
Response: NMFS does not believe that the authorized activities will
result in the death of any marine mammals, nor does this IHA authorize
any marine mammal mortality.
Marine Mammals Affected by the Activity
The marine mammal species likely to be harassed incidental to
harbor activities at south VAFB are the Pacific harbor seal, California
sea lion, and northern elephant seal, which haul out in the area where
these activities are conducted. None of the haul-out areas near these
activities are used for breeding, molting, or mating. A more detailed
discussion of the status of these stocks and their occurrence at VAFB,
as well as other marine mammal species that occur at VAFB, was included
in the notice of the proposed IHA (71 FR 26069, May 3, 2006).
Potential Effects of Activities on Marine Mammals
The primary impacts to marine mammals from these activities are
expected to be short-term behavioral reactions in response to the
acoustic and visual stimuli produced by the heavy machinery used. NMFS
anticipates that no injury will result from these actions. A discussion
of the sound levels produced by the equipment, behavioral reactions of
marine mammals to loud noises or looming visual stimuli, and some
specific observations of the response of marine mammals to this
activity gathered during previous monitoring were presented in the
proposed IHA (71 FR 26069, May 3, 2006) and will not be repeated here.
For a further discussion of the anticipated effects of the planned
activities on pinnipeds in the area, please refer to the application,
NMFS 2005 Environmental Assessment (EA) and ENSR International's 2001
Final EA.
Numbers of Marine Mammals Expected to be Harassed
Boeing estimates that a maximum of 43 harbor seals per day may be
hauled out near the south VAFB harbor, with a daily average of 21 seals
sighted when tidal conditions were favorable during previous dredging
operations in the harbor. Considering the maximum and average number of
seals hauled out per day, assuming that the seals may be seen twice a
day, and using a maximum total of 73 operating days in 2006-2007, NMFS
estimates that a maximum of 767 to 1570 Pacific harbor seals may be
subject to Level B harassment out of a total estimated population of
31,600. These numbers are small relative to this population size (2.4 -
5.0 percent).
During wharf modification activities, a maximum of six California
sea lions were seen hauling out in a single day. Based on the above-
mentioned calculation, NMFS believes that a maximum of 219 California
sea lions may be subject to Level B harassment out of a total estimated
population of 240,000. These numbers are small relative to this
population size (less than 0.1 percent). Up to 10 northern elephant
seals (because they may be in nearby waters) may be subject to Level B
harassment out of a total estimated population of 101,000. These
numbers are small relative to this population size (less than 0.01
percent).
Possible Effects of Activities on Marine Mammal Habitat
The anticipated negative effects of dredging and kelp mitigation
(short-term increase in noise and sedimentation) will be short-term and
are not expected to result in a loss or modification to the habitat
used by Pacific harbor seals, California sea lions, or northern
elephant seals that haul out near the south VAFB harbor. Additional
details were provided in the proposed IHA (71 FR 26069, May 3, 2006).
Possible Effects of Activities on Subsistence Needs
There are no subsistence uses for pinnipeds in California waters,
and thus, there are no anticipated effects on subsistence needs.
Mitigation
To reduce the potential for disturbance from visual and acoustic
stimuli associated with the activities Boeing and/or its designees will
undertake the following marine mammal mitigating measures:
(1) If activities occur during nighttime hours, lighting will be
turned on before dusk and left on the entire night to avoid startling
pinnipeds at night;
[[Page 36323]]
(2) Activities will be initiated before dusk;
(3) Construction noises must be kept constant (i.e., not
interrupted by periods of quiet in excess of 30 minutes) while
pinnipeds are present;
(4) If activities cease for longer than 30 minutes and pinnipeds
are in the area, start-up of activities will include a gradual increase
in noise levels;
(5) A NMFS-approved marine mammal observer will visually monitor
the pinnipeds on the beach adjacent to the harbor and on rocks for any
flushing or other behaviors as a result of Boeing's activities (see
Monitoring); and
(6) To the extent possible, the Delta Mariner and accompanying
vessels will enter the harbor only when the tide is too high for harbor
seals to haul-out on the rocks. The vessel will reduce speed 1.5 to 2
knots (2.8-3.7 km/hr) once the vessel is within 3 mi (4.83 km) of the
harbor. The vessel will enter the harbor stern first, approaching the
wharf and mooring dolphins at less than 0.75 knot (1.4 km/hr).
Monitoring
As part of its 2002 application, Boeing provided a proposed
monitoring plan for assessing impacts to harbor seals from the
activities at south VAFB harbor and for determining when mitigation
measures should be employed. NMFS proposes the same plan for this IHA.
A NMFS-approved and VAFB-designated biologically trained observer
will monitor the area for pinnipeds during all harbor activities.
During nighttime activities, the harbor area will be illuminated, and
the monitor will use a night vision scope. Monitoring activities will
consist of:
(1) Conducting baseline observation of pinnipeds in the project
area prior to initiating project activities;
(2) Conducting and recording observations on pinnipeds in the
vicinity of the harbor for the duration of the activity occurring when
tides are low enough for pinnipeds to haul out
(2 ft, 0.61 m, or less); and
(3) Conducting post-construction observations of pinniped haul-outs
in the project area to determine whether animals disturbed by the
project activities return to the haul-out.
Monitoring results from previous years of these activities have
been reviewed and incorporated into the analysis of potential effects
in this document, as well as the take estimates.
Reporting
Boeing will notify NMFS 2 weeks prior to initiation of each
activity. After each activity is completed, Boeing will provide a
report to NMFS within 90 days. This report will provide dates and
locations of specific activities, details of seal behavioral
observations, and estimates of the amount and nature of all takes of
seals by harassment or in other ways. In addition, the report will
include information on the weather, the tidal state, the horizontal
visibility, and the composition (species, gender, and age class) and
locations of haul-out group(s). In the unanticipated event that any
marine mammal is injured or killed as a result of these activities,
Boeing or its designee shall report the incident to NMFS immediately.
Endangered Species Act
This action will not affect species listed under the Endangered
Species Act (ESA) that are under the jurisdiction of NMFS. VAFB
formally consulted with U.S. Fish and Wildlife Service (FWS) in 1998 on
the possible take of southern sea otters during Boeing's harbor
activities at south VAFB. A Biological Opinion was issued in August
2001, which concluded that the proposed activities were not likely to
jeopardize the continued existence of the southern sea otter. The
activities covered by this IHA are analyzed in that Biological Opinion,
and this IHA does not modify the action in a manner that was not
previously analyzed.
National Environmental Policy Act
In 2001, the USAF prepared an Environmental Assessment (EA) for
Harbor Activities Associated with the Delta IV Program at Vandenberg
Air Force Base. In 2005, NMFS prepared an EA supplementing the
information contained in the USAF EA and issued a Finding of No
Significant Impact (FONSI) on the issuance of an IHA for Boeing's
harbor activities in accordance with section 6.01 of the National
Oceanic and Atmospheric Administration Administrative Order (NAO) 216-6
(Environmental Review Procedures for Implementing the National
Environmental Policy Act, May 20, 1999). The proposed activity is
within the scope of NMFS'2005 EA and FONSI.
Conclusions
NMFS has issued an IHA to Boeing for harbor activities related to
the Delta IV/EELV to take place at south VAFB over a 1-year period,
contingent upon adherence to the previously mentioned mitigation,
monitoring, and reporting requirements. NMFS has determined that the
impact of harbor activities related to the Delta IV/EELV at VAFB
(transport vessel operations, cargo movement activities, harbor
maintenance dredging, and kelp habitat mitigation) will result in the
Level B Harassment of small numbers of Pacific harbor seals, California
sea lions, and northern elephant seals. The effects of Boeing's harbor
activities are expected to be in the form of short-term and localized
behavioral changes and no take by injury or death is anticipated or
authorized. NMFS has further determined that these takes will have a
negligible impact on the affected marine mammal species and stocks and
will not have an unmitigable adverse impact on the availability of such
marine mammal species and stocks for subsistence uses.
Authorization
NMFS has issued an IHA to take marine mammals, by Level B
harassment, incidental to conducting harbor activities at VAFB to
Boeing for a 1-year period, provided the mitigation, monitoring, and
reporting requirements are undertaken.
Dated: June 19, 2006.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E6-10044 Filed 6-23-06; 8:45 am]
BILLING CODE 3510-22-S
