Incidental 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, 49649-49652 [E8-19582]
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Southwest Region, NMFS, 501 West
Ocean Blvd., Suite 4200, Long Beach,
CA 90802–4213; phone (562)980–4001;
fax (562)980–4018.
FOR FURTHER INFORMATION CONTACT: Kate
Swails or Tammy Adams, (301)713–
2289.
SUPPLEMENTARY INFORMATION: On June 2,
2008 notice was published in the
Federal Register (73 FR 31436) that an
amendment of Permit No. 774–1847–02
had been requested by the above-named
organization. The requested amendment
has been granted under the authority of
the Marine Mammal Protection Act of
1972, as amended (16 U.S.C. 1361 et
seq.), and the regulations governing the
taking and importing of marine
mammals (50 CFR part 216).
Permit No. 774–1847–02, issued
October 11, 2007 (72 FR 57914),
authorizes the permit holder to continue
a long-term ecosystem monitoring
program of pinniped species in the
South Shetland Islands, Antarctica. The
permit holder is authorized to take up
to 710 Antarctic fur seals (Arctophalus
gazell) and 20 leopard seals (Hydrurga
leptonyx) annually. The animals are
captured, measured, weighed, tagged,
blood sampled, and have time-depth
recorders, VHF transmitters, and
platform terminal transmitters attached.
A subset of fur seals are given an enema,
have a tooth extracted, milk sampled,
and are part of a doubly-labeled water
study on energetics. A subset of leopard
seals are blubber and muscle sampled.
Annual research-related mortality of up
to eight Antarctic fur seals (3 adults and
5 pups) and two leopard seals is also
authorized.
The amendment authorizes the permit
holder to collect tissue samples from
and bleach mark 50 leopard seals.
Additional capture is not required to
collect these samples. The amendment
also authorizes the researchers to begin
a southern elephant seal (Mirounga
leonina) study. Up to 180 southern
elephant seals would be captured,
measured, and tagged annually. A
subset would have blood and vibrissae
collected, muscle/blubber biopsied, and
satellite tags attached. The permit
amendment authorizes up to four
research-related mortalities (two adults
and two juveniles) of southern elephant
seals. The amendment is valid until
September 30, 2011.
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), a final
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determination has been made that the
activity proposed is categorically
excluded from the requirement to
prepare an environmental assessment or
environmental impact statement.
Dated: August 14, 2008.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–19577 Filed 8–21–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XJ68
Incidental 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:
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 United Launch
Alliance (ULA) to take small numbers of
marine mammals, by Level B
harassment only, incidental to harbor
activities related to the Delta IV/Evolved
Expendable Launch Vehicle (EELV) at
south Vandenberg Air Force Base, CA
(VAFB).
SUMMARY:
This authorization is effective
from August 20, 2008 through August
19, 2009.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
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 may be obtained by writing
to this address, by telephoning the
contact listed here (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:
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49649
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody or Candace Nachman,
(301) 713–2289.
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 United States
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 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
certain subsistence uses, and if 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 either issue or deny the
authorization.
Summary of Request
On February 18, 2008, NMFS received
an application from ULA requesting an
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
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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.
IHAs were issued to The Boeing
Company, now ULA, on May 15, 2002
(67 FR 36151, May 23, 2002), May 20,
2003 (68 FR 36540, June 18, 2003), May
20, 2004 (69 FR 29696, May 25, 2004),
May 23, 2005 (70 FR 30697, May 27,
2005), June 20, 2006 (71 FR 36321, June
26, 2006), and June 21, 2007 (72 FR
34444, June 22, 2007) each for a 1–year
period. No work and, therefore, no
monitoring was conducted under the
2007 IHA. The harbor where activities
will take place is on south VAFB
approximately 2.5 miles (mi) (4.02
kilometers (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
IHA notice (73 FR 38176, July 3, 2008)
and is not repeated here. The activities
to be conducted have not changed
between the proposed IHA notice and
this final notice announcing the
issuance of the IHA.
Specified Activities
The Delta Mariner is a 312 foot (ft)long (95.1–meter (m)), 84 ft-wide (25.6
m) steel hull ocean-going vessel capable
of operating at an 8 ft (2.4–m) draft.
Containers containing flight hardware
items will be towed off the Delta
Mariner by a tractor tug that generates
a sound level of approximately 87
decibels (dB) A-weighted at 50 ft (15.2
m) while in operational mode. Total
docking and cargo movement activities
is estimated to be approximately 14 to
18 hours (hr) in good weather.
To accommodate the Delta Mariner,
the harbor will need to be dredged,
removing up to 5,000 cubic yards of
sediment per dredging. Dredging will
involve the use of heavy equipment,
including a clamshell dredge, dredging
crane, a small tug, dredging barge, dump
trucks, and a skip loader. Measured
sound levels from this equipment are
roughly equivalent to those estimated
for the wharf modification equipment:
43 to 81 dB A-weighted at 250 ft (76.2
m). Dredge operations, from set-up to
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tear-down, would continue 24–hr 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 2008 is contained in
the application which is available upon
request (see ADDRESSES) and in the Final
U.S. 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 July 3, 2008 (73 FR 38176), NMFS
published a notice of receipt of
proposed IHA for ULA(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
from the Marine Mammal Commission
(Commission), which recommended
that NMFS issue the authorization as
proposed.
Comment: The Commission
recommends that NMFS approve the
request provided that all reasonable
measures will be taken to ensure the
least practicable impact on the subject
species and the required mitigation and
monitoring activities are carried out as
described in the July 3, 2008 Federal
Register notice and the IHA application.
Response: NMFS agrees with the
Commission’s recommendation, and all
monitoring and mitigation measures
described in the previous Federal
Register notices (67 FR 36151, May 23,
2002; 68 FR 36540, June 18, 2003; 69 FR
29696, May 25, 2004; 70 FR 30697, May
27, 2005; 71 FR 36321, June 26, 2006;
and 72 FR 34444, June 22, 2007) are
required in the current IHA.
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
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that occur at VAFB, was included in the
notice of the proposed IHA (73 FR
38176, July 3, 2008).
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 notice
of proposed IHA (73 FR 38176, July 3,
2008) and is not repeated here. For a
further discussion of anticipated effects
of the planned activities on pinnipeds
in the area, refer to the application,
NMFS( 2005 Environmental Assessment
(EA) and ENSR International(s 2001
Final EA.
Numbers of Marine Mammals Expected
to be Harassed
ULA 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 harbor dredging operations.
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 2008–2009,
NMFS estimates that a maximum of 767
to 1,570 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 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).
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Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
Possible Effects of Activities on Marine
Mammal Habitat
ULA does not anticipate any loss or
modification to the habitat used by
Pacific harbor seals or California sea
lions that haul out near the south VAFB
harbor. The harbor seal and sea lion
haul-out sites near south VAFB harbor
are not used as breeding, molting, or
mating sites; therefore, it is not expected
that the activities in the harbor will
have any impact on the ability of Pacific
harbor seals or California sea lions in
the area to reproduce.
ULA anticipates unavoidable kelp
removal during dredging. This habitat
modification will not affect the marine
mammal habitat. However, ULA will
mitigate for the removal of kelp habitat
by placing 150 tons of rocky substrate in
a sandy area between the breakwater
and the mooring dolphins to enhance an
existing artificial reef. This type of
mitigation was implemented by the U.S.
Army Corps of Engineers following the
1984 and 1989 dredging.
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 notice of
proposed IHA (73 FR 38176, July 3,
2008).
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Mitigation
To reduce the potential for
disturbance from visual and acoustic
stimuli associated with the activities,
ULA 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.
(2) Activities will be initiated before
dusk.
(3) Construction noises will 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 ULA’s
activities (see Monitoring).
(6) To the extent possible, the Delta
Mariner and accompanying vessels will
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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).
(7) As alternate dredge methods are
explored, the dredge contractor may
introduce quieter techniques and
equipment.
49651
information on the weather, tidal state,
horizontal visibility, and composition
(species, gender, and age class) and
locations of haul-out group(s). In the
unanticipated event that any cases of
pinniped injury or mortality are judged
to result from these activities, ULA or its
designee shall cease operations
immediately and report the incident to
NMFS immediately.
Endangered Species Act (ESA)
This action will not affect species
listed under the ESA that are under the
jurisdiction of NMFS. VAFB formally
consulted with U.S. Fish and Wildlife
Service in 1998 on the possible take of
southern sea otters during Boeing(s,
now ULA, harbor activities at south
VAFB. A Biological Opinion was issued
in August 2001, which concluded that
the EELV Program is not likely to
jeopardize the continued existence of
the southern sea otter and no injury or
mortality is expected. 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.
Monitoring
As part of its 2002 application,
Boeing, now ULA, 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 is requiring 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).
(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.
National Environmental Policy Act
In 2001, the United States Air Force
(USAF) prepared an EA for harbor
activities associated with the Delta IV
Program at VAFB. 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, now ULA, harbor
activities in accordance with section
6.01 of the National Oceanic and
Atmospheric Administration
Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999). ULA’s activities and impacts for
2008–2009 are expected to be within the
scope of NMFS( 2005 EA and FONSI.
Reporting
ULA will notify NMFS two weeks
prior to initiation of each activity. ULA
will submit a draft report on all
activities, 120 days prior to the
expiration of this Authorization if a new
Authorization will be requested for
2009–2010, and a final report within
120 days after the expiration of this
Authorization, regardless of whether or
not a new Authorization will be
requested. The report will provide
dates, times, durations and locations of
specific activities, details of pinniped
behavioral observations, and estimates
of numbers of affected pinnipeds and
impacts (behavioral or other). In
addition, the report will include
Determinations
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 ULA(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.
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49652
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
While the number of incidental
harassment takes will depend on the
distribution and abundance of marine
mammals in the vicinity of the activity,
the number of potential harassment
takings is estimated to be small (less
than five percent of any of the estimated
population sizes) and has been
mitigated to the lowest level practicable
through incorporation of the measures
mentioned previously in this document.
The provision requiring that the
activity not have an unmitigable adverse
impact on the availability of the affected
species or stock for subsistence uses is
not implicated by this action.
Northern fur seals, Guadalupe fur
seals, and Steller sea lions are unlikely
to be found in the area and, therefore,
will not be affected. No rookeries,
mating grounds, areas of concentrated
feeding, or other areas of special
significance for marine mammals occur
within or near south VAFB harbor.
Authorization
As a result of these determinations,
NMFS has issued an IHA to ULA to take
marine mammals, by Level B
harassment, incidental to conducting
harbor activities at VAFB for a one-year
period, provided that the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: August 18, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–19582 Filed 8–21–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF DEFENSE
Office of the Secretary
Advisory Council on Dependents’
Education
Department of Defense
Education Activity (DoDEA), DoD.
ACTION: Notice of open meeting.
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AGENCY:
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces the following
Federal advisory committee meeting of
the Advisory Council on Dependents’
Education.
DATES: Tuesday, September 23, 2008 (8
a.m. to 5 p.m., Eastern Daylight Time).
ADDRESSES: DoDEA Headquarters, Webb
Building, 9th Floor, Director’s
Conference Room, 4040 North Fairfax
Drive, Arlington, VA 22203.
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FOR FURTHER INFORMATION CONTACT:
Mr.
Jim Jarrard, at (703) 588–3121, or at
james.jarrard@hq.dodea.edu.
SUPPLEMENTARY INFORMATION:
Purpose of the Meeting: Recommend
to the Director, DoDEA, general policies
for the operation of the Department of
Defense Dependents Schools (DoDDS);
provide the Director with information
about effective educational programs
and practices that should be considered
by DoDDS; and perform other tasks as
may be required by the Secretary of
Defense.
Agenda: The meeting agenda will be
the current operational qualities of
schools and the institutionalized school
improvement processes, as well as other
educational matters.
Public’s Accessibility to the Meeting:
Pursuant to 5 U.S.C. 552b and 41 CFR
102–3.140 through 102–3.165, and the
availability of space, this meeting is
open to the public. Seating is on a firstcome basis. Appropriate government
issued identification will be required to
enter the meeting facility, which is a
controlled access facility.
Committee’s Point of Contact: Mr. Jim
Jarrard, tel. (703) 588–3121, 4040 North
Fairfax Drive, Arlington, VA 22203, email: james.jarrard@hq.dodea.edu.
Written Statements: Pursuant to 41
CFR 102–3.105(j) and 102–3.140 and
section 10(a)(3) of the Federal Advisory
Committee Act of 1972, the public or
interested organizations may submit
written statements to the Advisory
Council on Dependents’ Education
about its mission and functions. Written
statements may be submitted at any
time or in response to the stated agenda
of the planned meeting of the Advisory
Council on Dependents’ Education.
All written statements shall be
submitted to the Designated Federal
Officer for the Advisory Council on
Dependents’ Education and this
individual will ensure that the written
statements are provided to the
membership for their consideration. For
the next meeting of the Advisory
Council on Dependents’ Education, Mr.
Jim Jarrard, telephone (703) 588–3121,
4040 North Fairfax Drive, Arlington, VA
22203; e-mail:
james.jarrard@hq.dodea.edu, will be
acting in the capacity of the Designated
Federal Officer for this committee.
Statements being submitted in
response to the agenda mentioned in
this notice must be received by the
Designated Federal Officer at the
address listed above at least fourteen
calendar days prior to the meeting
which is the subject of this notice.
Written statements received after this
date may not be provided to or
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considered by the Advisory Council on
Dependents’ Education until its next
meeting.
The Designated Federal Officer will
review all timely submissions with the
Advisory Council on Dependents’
Education Chairpersons and ensure they
are provided to all members of the
Advisory Council on Dependents’
Education before the meeting that is the
subject of this notice.
Oral Statements by the Public to the
Membership: Pursuant to 41 CFR 102–
3.140(d), time will be allotted for public
comments to the Advisory Council on
Dependents’ Education. Individual
comments will be limited to a maximum
of five minutes’ duration. The total time
allotted for public comments will not
exceed thirty minutes.
Dated: August 12, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–19499 Filed 8–21–08; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
Closed Meeting of the Defense Policy
Board Advisory Committee
AGENCY:
ACTION:
Department of Defense.
Notice.
SUMMARY: The Defense Policy Board
Advisory Committee will meet in closed
session on September 25, 2008 from
0800 until 1830 and September 26, 2008
from 0800 until 1200 at the Pentagon.
The purpose of the meeting is to
provide the Secretary of Defense,
Deputy Secretary of Defense and Under
Secretary of Defense for Policy with
independent, informed advice on major
matters of defense policy. The Board
will hold classified discussions on
national security matters.
In accordance with Section 10(d) of
the Federal Advisory Committee Act,
Public Law No. 92–463, as amended [5
U.S.C. App II (1982)], it has been
determined that this meeting concerns
matters listed in 5 U.S.C. 552B
(c)(1)(1982), and that accordingly this
meeting will be closed to the public.
Dated: August 15, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. E8–19496 Filed 8–21–08; 8:45 am]
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[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49649-49652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19582]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XJ68
Incidental 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.
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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 United
Launch Alliance (ULA) to take small numbers of marine mammals, by Level
B harassment only, incidental to harbor activities related to the Delta
IV/Evolved Expendable Launch Vehicle (EELV) at south Vandenberg Air
Force Base, CA (VAFB).
DATES: This authorization is effective from August 20, 2008 through
August 19, 2009.
ADDRESSES: A copy of the IHA and the application are available by
writing to P. 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 may be obtained by writing to this address, by telephoning
the contact listed here (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: Jeannine Cody or Candace Nachman,
(301) 713-2289.
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 United States 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 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 certain subsistence uses,
and if 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 either issue or deny the authorization.
Summary of Request
On February 18, 2008, NMFS received an application from ULA
requesting an
[[Page 49650]]
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. IHAs were issued to The Boeing Company, now ULA, on May 15,
2002 (67 FR 36151, May 23, 2002), May 20, 2003 (68 FR 36540, June 18,
2003), May 20, 2004 (69 FR 29696, May 25, 2004), May 23, 2005 (70 FR
30697, May 27, 2005), June 20, 2006 (71 FR 36321, June 26, 2006), and
June 21, 2007 (72 FR 34444, June 22, 2007) each for a 1-year period. No
work and, therefore, no monitoring was conducted under the 2007 IHA.
The harbor where activities will take place is on south VAFB
approximately 2.5 miles (mi) (4.02 kilometers (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 IHA notice (73 FR 38176,
July 3, 2008) and is not repeated here. The activities to be conducted
have not changed between the proposed IHA notice and this final notice
announcing the issuance of the IHA.
Specified Activities
The Delta Mariner is a 312 foot (ft)-long (95.1-meter (m)), 84 ft-
wide (25.6 m) steel hull ocean-going vessel capable of operating at an
8 ft (2.4-m) draft. Containers containing flight hardware items will be
towed off the Delta Mariner by a tractor tug that generates a sound
level of approximately 87 decibels (dB) A-weighted at 50 ft (15.2 m)
while in operational mode. Total docking and cargo movement activities
is estimated to be approximately 14 to 18 hours (hr) in good weather.
To accommodate the Delta Mariner, the harbor will need to be
dredged, removing up to 5,000 cubic yards of sediment per dredging.
Dredging will involve the use of heavy equipment, including a clamshell
dredge, dredging crane, a small tug, dredging barge, dump trucks, and a
skip loader. Measured sound levels from this equipment are roughly
equivalent to those estimated for the wharf modification equipment: 43
to 81 dB A-weighted at 250 ft (76.2 m). Dredge operations, from set-up
to tear-down, would continue 24-hr 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 2008 is
contained in the application which is available upon request (see
ADDRESSES) and in the Final U.S. 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 July 3, 2008 (73 FR 38176), NMFS published a notice of receipt
of proposed IHA for ULA(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 from the Marine Mammal Commission (Commission), which
recommended that NMFS issue the authorization as proposed.
Comment: The Commission recommends that NMFS approve the request
provided that all reasonable measures will be taken to ensure the least
practicable impact on the subject species and the required mitigation
and monitoring activities are carried out as described in the July 3,
2008 Federal Register notice and the IHA application.
Response: NMFS agrees with the Commission's recommendation, and all
monitoring and mitigation measures described in the previous Federal
Register notices (67 FR 36151, May 23, 2002; 68 FR 36540, June 18,
2003; 69 FR 29696, May 25, 2004; 70 FR 30697, May 27, 2005; 71 FR
36321, June 26, 2006; and 72 FR 34444, June 22, 2007) are required in
the current IHA.
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 (73 FR 38176, July 3, 2008).
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
notice of proposed IHA (73 FR 38176, July 3, 2008) and is not repeated
here. For a further discussion of anticipated effects of the planned
activities on pinnipeds in the area, refer to the application, NMFS(
2005 Environmental Assessment (EA) and ENSR International(s 2001 Final
EA.
Numbers of Marine Mammals Expected to be Harassed
ULA 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 harbor
dredging operations. 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 2008-2009, NMFS
estimates that a maximum of 767 to 1,570 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 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).
[[Page 49651]]
Possible Effects of Activities on Marine Mammal Habitat
ULA does not anticipate any loss or modification to the habitat
used by Pacific harbor seals or California sea lions that haul out near
the south VAFB harbor. The harbor seal and sea lion haul-out sites near
south VAFB harbor are not used as breeding, molting, or mating sites;
therefore, it is not expected that the activities in the harbor will
have any impact on the ability of Pacific harbor seals or California
sea lions in the area to reproduce.
ULA anticipates unavoidable kelp removal during dredging. This
habitat modification will not affect the marine mammal habitat.
However, ULA will mitigate for the removal of kelp habitat by placing
150 tons of rocky substrate in a sandy area between the breakwater and
the mooring dolphins to enhance an existing artificial reef. This type
of mitigation was implemented by the U.S. Army Corps of Engineers
following the 1984 and 1989 dredging.
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 notice of proposed IHA (73 FR 38176, July
3, 2008).
Mitigation
To reduce the potential for disturbance from visual and acoustic
stimuli associated with the activities, ULA 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.
(2) Activities will be initiated before dusk.
(3) Construction noises will 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 ULA's activities (see
Monitoring).
(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).
(7) As alternate dredge methods are explored, the dredge contractor
may introduce quieter techniques and equipment.
Monitoring
As part of its 2002 application, Boeing, now ULA, 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 is requiring 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).
(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
ULA will notify NMFS two weeks prior to initiation of each
activity. ULA will submit a draft report on all activities, 120 days
prior to the expiration of this Authorization if a new Authorization
will be requested for 2009-2010, and a final report within 120 days
after the expiration of this Authorization, regardless of whether or
not a new Authorization will be requested. The report will provide
dates, times, durations and locations of specific activities, details
of pinniped behavioral observations, and estimates of numbers of
affected pinnipeds and impacts (behavioral or other). In addition, the
report will include information on the weather, tidal state, horizontal
visibility, and composition (species, gender, and age class) and
locations of haul-out group(s). In the unanticipated event that any
cases of pinniped injury or mortality are judged to result from these
activities, ULA or its designee shall cease operations immediately and
report the incident to NMFS immediately.
Endangered Species Act (ESA)
This action will not affect species listed under the ESA that are
under the jurisdiction of NMFS. VAFB formally consulted with U.S. Fish
and Wildlife Service in 1998 on the possible take of southern sea
otters during Boeing(s, now ULA, harbor activities at south VAFB. A
Biological Opinion was issued in August 2001, which concluded that the
EELV Program is not likely to jeopardize the continued existence of the
southern sea otter and no injury or mortality is expected. 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 United States Air Force (USAF) prepared an EA for
harbor activities associated with the Delta IV Program at VAFB. 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, now ULA, harbor activities in
accordance with section 6.01 of the National Oceanic and Atmospheric
Administration Administrative Order 216-6 (Environmental Review
Procedures for Implementing the National Environmental Policy Act, May
20, 1999). ULA's activities and impacts for 2008-2009 are expected to
be within the scope of NMFS( 2005 EA and FONSI.
Determinations
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 ULA(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.
[[Page 49652]]
While the number of incidental harassment takes will depend on the
distribution and abundance of marine mammals in the vicinity of the
activity, the number of potential harassment takings is estimated to be
small (less than five percent of any of the estimated population sizes)
and has been mitigated to the lowest level practicable through
incorporation of the measures mentioned previously in this document.
The provision requiring that the activity not have an unmitigable
adverse impact on the availability of the affected species or stock for
subsistence uses is not implicated by this action.
Northern fur seals, Guadalupe fur seals, and Steller sea lions are
unlikely to be found in the area and, therefore, will not be affected.
No rookeries, mating grounds, areas of concentrated feeding, or other
areas of special significance for marine mammals occur within or near
south VAFB harbor.
Authorization
As a result of these determinations, NMFS has issued an IHA to ULA
to take marine mammals, by Level B harassment, incidental to conducting
harbor activities at VAFB for a one-year period, provided that the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated.
Dated: August 18, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-19582 Filed 8-21-08; 8:45 am]
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