Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Space Vehicle and Missile Launch Operations at Kodiak Launch Complex, Alaska, 80773-80785 [2010-32343]
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules
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[FR Doc. 2010–32231 Filed 12–22–10; 8:45 am]
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RIN 0648–AY99
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Space Vehicle
and Missile Launch Operations at
Kodiak Launch Complex, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
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NMFS has received an
application, pursuant to the Marine
Mammal Protection Act (MMPA), from
the Alaska Aerospace Corporation
(AAC) for authorization to take small
numbers of marine mammals incidental
to launching space launch vehicles,
long-range ballistic target missiles, and
other smaller missile systems at the
Kodiak Launch Complex (KLC) for the
period of February 2011 through
February 2016. Pursuant to the MMPA,
NMFS is requesting comments on its
proposal to issue regulations and
subsequent Letters of Authorization
(LOAs) to AAC to incidentally harass
Steller sea lions (Eumetopias jubatus)
and harbor seals (Phoca vitulina) during
the specified activity.
DATES: Comments and information must
be received no later than January 24,
2011.
ADDRESSES: You may submit comments,
identified by 0648–AY99, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Hand delivery or mailing of paper,
disk, or CD–ROM comments should be
addressed 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.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter
N/A in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only. A copy of
the application containing a list of
references used in this document and
Environmental Assessments (EAs)
related to this action may be obtained by
writing to the above address, by
telephoning the contact listed under FOR
FURTHER INFORMATION CONTACT, or on the
Internet at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Documents cited in this proposed rule
may also be viewed, by appointment,
during regular business hours at the
above address. To help NMFS process
and review comments more efficiently,
SUMMARY:
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80773
please use only one method to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Michelle Magliocca, Office of Protected
Resources, NMFS, (301) 713–2289, ext
123.
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, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the identified species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth in the regulations. 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.’’
Except with respect to certain
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].
Summary of Request
On June 4, 2010, NMFS received a
complete application for regulations
from AAC for the taking of small
numbers of marine mammals incidental
to launching space launch vehicles,
long-range ballistic target missiles, and
other smaller missile systems at the
KLC. Noise from space vehicles and
missile launches may result in the
behavioral (Level B) harassment of
hauled-out Steller sea lions and harbor
seals and injury (Level A harassment) or
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mortality of harbor seal pups on Ugak
Island. On January 19, 2006, NMFS
issued regulations and subsequent LOAs
to AAC authorizing the taking of marine
mammals incidental to launches at KLC
(71 FR 4297; January 26, 2006). Those
regulations expire on February 28, 2011;
hence, AAC has applied for new
regulations. The proposed regulations, if
issued, would be effective from March
1, 2011 through February 28, 2016.
Description of the Specified Activity
AAC conducts space vehicle and
missile launches from the KLC. This
facility occupies 3,717 acres of stateowned lands on the Narrow Cape
Peninsula on the eastern side of Kodiak
Island, Alaska, approximately 22 miles
from the city of Kodiak. Ugak Island,
which is used by Steller sea lions and
harbor seals, lies approximately 3–4
miles to the southeast of the launch
pads (see Figure 1 in application). The
island is about 2 miles long by about 1
mile wide. The land slopes steeply
upward from a spit on the island’s
northern most point, which is a
traditionally used Steller sea lion
haulout (see Figures 4 and 5 in
application), to the southwest,
culminating in cliffs that are
approximately 1,000 feet in elevation.
These cliffs run the entire length of the
island’s long axis. Eastward, the narrow
Outer Continental Shelf (OCS) ends
about 20 miles offshore, where it
plunges precipitously to the North
Pacific abyss. Near shore water depths
to the immediate south and west of the
island range to several hundred feet.
Harbor seal haulouts are present mainly
on Ugak Island’s eastern shores.
The area considered to be affected by
KLC launch operations was defined in
a September 1996 meeting involving
AAC and its environmental consultant
(University of Alaska Anchorage’s
Environment and Natural Resources
Institute), and government agencies
represented by the Federal Aviation
Administration (FAA), NMFS, the U.S.
Fish and Wildlife Service (FWS), and
the Alaska Department of
Environmental Conservation (ADEC).
Attendees at that meeting reviewed
information on the known effects of
rocket operations on the environment,
and defined the expected impact area to
be within a 6-mile radius of the launch
pad area, including Ugak Island. There
are several marine mammals present in
the waters offshore and on haulouts on
Ugak Island, which lies about 3.5 miles
distance from the launch pad area;
however, the only marine mammals
anticipated to be affected by the
specified activities are pinnipeds
hauled-out on nearby Ugak Island.
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The KLC primarily supports launches
of small to medium space launch
vehicles—which by definition are those
used to boost satellites to orbit—ranging
in size from the small space-launch
Castor 120 motor (used in the Athena,
Minotaur IV, Minotaur V, and Taurus I
systems) to the under-development
medium-lift Taurus II. The KLC is also
configured to support launch of the
Minuteman I-derived Minotaur I Space
Launch System, and to support launch
of long-range ballistic systems such as
the Polaris derived A–3 STARS, the
Minuteman-derived Minotaur II and III,
and the C–4. Representative target
vehicles that might be flown from KLC
range in size from modified C–4 Trident
I vehicles, which have a range measured
in thousands of miles, down to small
vehicles built up from modified second
or third stage components of larger
missile systems, which have much
shorter ranges. The Quick Reaction
Launch Vehicle (QRLV) family serves as
an example of vehicles flown from KLC,
being built around second stage motors
used in the Minuteman I. Tactical
missiles, such as the Patriot and Theater
High Altitude Area Defense (THAAD)
might also be flown from KLC, as well
as very small sounding rockets.
Launches may occur day or night. The
number of launches of space launch
vehicles and ballistic target vehicles
from KLC is variable. Launch planning
is a dynamic process, and launch
delays, which can last from hours to
more than a year, can and do occur.
Launch delays occur due to variables
ranging from technical issues to adverse
weather. The AAC anticipates the KLC
can accommodate up to 45 launches, in
total, for the effective period of the
proposed regulations. Annually, an
average of nine but maximum of twelve
launches may occur. Most of these
vehicles are expected to be of the
Minotaur I through V class, including
civil versions of the Castor 120 known
as the Athena and Taurus I or smaller
target vehicles. AAC estimates that of
the 45 estimated launches from KLC
over the five-year period in
consideration, 32 will be of small spacelaunch and target vehicles of the Castor
120 or smaller size, 10 will be of
THAAD or smaller size, and three will
be of the medium-lift Taurus II. A
description of each class of space
launch and smaller launch vehicles are
provided in the application and
summarized here.
about 371,000 pounds of thrust. The
motor mass is about 116,000 pounds
and the motor is 347 inches long and 93
inches wide. Modeling shows the rocket
is about 8 miles above the earth’s
surface when it overflies Ugak Island,
and that the sonic boom reaches earth
between 21 to 35 miles down range,
which is past the OCS break and over
the North Pacific abyss (US FAA 1996).
Sound pressure levels from the Castor
120 measured at the traditional Steller
sea lion haulout (located on the
northern spit of Ugak Island) were 101.4
dBA (SEL) (Table 1). This location is 3.5
miles away from the launch pad. None
of the vehicles expected to be flown
from KLC over the five-year period
covered by the proposed regulations are
anticipated to produce higher sound
pressures than the Castor 120.
Castor 120
The Castor 120 is the largest (and
loudest) vehicle motor used to launch
systems into space from the KLC. The
Castor 120 uses solid fuel and produces
C–4 Trident
The C–4 Trident I is a solid-fueled
vehicle and its first stage has a diameter
of 6.1 feet, which is about 1.5 feet less
than the Castor 120. The system’s range
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Taurus II
The Taurus II is an under
development, medium class launch
vehicle similar in size and capability to
the Delta II, which is being withdrawn
from service. The U.S. Air Force reports
that sound pressures of the Delta II were
slightly less than those from the Taurus
I (Castor 120) as measured from the
same point (USAF 2008), thus the
anticipated sound pressure from the
very similar Taurus II at the traditional
Steller sea lion haulout on Ugak Island
is likely to be at or somewhat less than
the 101.4 dBA (SEL) recorded for the
Castor 120.
Minotaur I
The Minotaur I is a small lift solid
propellant space launch vehicle, the
first stage of which is a modified
Minuteman II first stage. The first stage
motor has a diameter of 4.5 feet. This
launch vehicle has not yet been flown
from KLC. Sound pressure monitoring
of two Minotaur I launches was
accomplished at Vandenberg Air Force
Base, California (VAFB). The data were
collected 1.4 miles away from the
launch point and show sound pressure
levels of 104.9 to 107.0 dBA (SEL) at
that distance. Sound energy at sea level
decreases with the square of the
distance, and given that the traditional
Steller sea lion haulout on Ugak Island
is 2 miles farther away (i.e. the haulout
is 3.5 miles from the launch point), AAC
anticipates sound pressure levels from a
Minotaur I at the Ugak Island traditional
haulout would range in the low 90s dBA
(SEL).
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is around 4,000 miles. It has never been
flown from KLC, but given it is
significantly smaller in diameter than
the Castor 120 and uses a similar fuel,
it is anticipated that sound pressure
levels at the traditional Steller sea lion
haulout would be less than those of the
Castor 120. NMFS is not aware of any
available data on sound pressure for the
C–4 Trident.
STARS
The Strategic Target System (STARS)
utilizes the first stage of the Polaris
A–3, which is solid fueled and measures
4.5 feet in diameter. Several STARS
systems have been flown from KLC.
Recorded sound pressure levels at Ugak
Island have ranged from 90.2 to 91.4
dBA (SEL).
Smaller Target and Tactical Rocket
Systems
A number of smaller tactical missile
systems, such as the Patriot and Theater
High Altitude Area Defense (THAAD),
might also be flown from KLC, as might
very small sounding rockets. Sound
pressures from these smaller systems are
not available, but will be substantially
less than those from the space launch
and ballistic vehicles described above
and pose no potential for disturbance to
marine mammals.
Launch Noise
Launch operations are a major source
of noise on Kodiak Island, as the
operation of launch vehicle engines
produce substantial sound pressures. In
air, all pressures are referenced to 20
micoPascals; therefore all dB levels in
this notice are provided re: 20 microPa,
unless otherwise noted. Generally, four
types of noise occur during a launch: (1)
Combustion noise; (2) jet noise from
interaction of combustion exhaust gases
with the atmosphere; (3) combustion
noise proper; and (4) sonic booms.
Sonic booms are not a concern for
pinnipeds on Ugak Island, as sonic
booms created by ascending rockets
launched from KLC reach the Earth’s
surface over deep ocean, well past the
edge of the OCS (FAA 1996). Spent first
stage motors from space lift missions
(i.e. those going to orbit) fall to Earth 11
to more than 300 miles down range
(well past the edge of the OCS,
depending on launch vehicle (US FAA
1996). In accordance with Federal
Aviation Administration (FAA), Office
of Associate Administrator for
Commercial Space Transportation
(AST), and with the facility’s
Environmental Assessment (EA) and
stipulations in the EA’s Finding of No
Significant Impact (FONSI) (see 61 FR
32884, June 25, 1996), launch noise
80775
from various systems were measured on
Ugak Island. In addition, a Natural
Resource Management Plan (NRMP) was
developed in coordination with NMFS
to address monitoring and mitigation
activities for protected species in the
area and compare anticipated sound
pressure levels from KLC launches with
documented marine mammal
disturbance responses to such noise.
Motor diameters and representative
sound pressures for various launch
vehicles previously launched from KLC
are presented in Table 1. A complete
description of how and when these
measurements were taken is described
in NMFS’ final rule for AAC’s current
regulations (71 FR 4297; January 26,
2006). The vehicles listed in Table 1
include various ballistic launch vehicles
and the small-lift Castor 120 space
launch vehicle, as well as smaller target/
interceptor systems and tactical rocket
systems. All KLC sound measurements
reported in Table 1 were taken on Ugak
Island. The Castor 120 would be the
loudest space vehicle motor used during
launches at the KLC. Copies of the
NRMP referred to above may be
obtained online at https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm and from the contacts in
ADDRESSES, above.
TABLE 1—RECORDED SOUND PRESSURE LEVELS AT UGAK ROCK HAULOUT DURING PREVIOUSLY LAUNCHED SPACE
VEHICLES AND SIZE OF POTENTIALLY LAUNCHED SPACE VEHICLES (FOR COMPARATIVE PURPOSES)
Launch designator
Launch vehicle
Date
Motor
diameter
(feet)1
Distance to
haulout
SEL
(dBA)
Lmax
(dBA)
LPeak
(dCBA)
Previously Launched & Recorded at KLC
ait-1 ..................................
ait-2 ..................................
QRLV ...............................
Athena ..............................
FT–04–1 ...........................
FTG–02 ............................
FTG–03a ..........................
FTX–03 ............................
QRLV ...............................
QRLV ...............................
QRLV ...............................
Castor 120 .......................
Polaris A–3 STARS .........
Polaris A–3 STARS .........
Polaris A–3 STARS .........
Polaris A–3 STARS .........
11/5/98
9/15/99
3/22/01
9/29/01
2/23/06
9/01/06
9/28/07
7/18/08
3.5
3.5
3.5
3.5
4.1
4.1
4.5
4.5
miles 2
miles 2
miles 2
miles 2
miles 3
miles 3
miles 4
miles 4
...
...
...
...
...
...
...
...
4.3
4.3
4.3
7.75
4.5
4.5
4.5
4.5
88.4
92.2
80.3
101.4
92.3
90.1
91.4
89.6
78.2
81.5
73.3
90.8
86.0
83.1
84.2
83.0
97.0
101.5
87.2
115.9
109.0
105.6
107.3
108.3
....................
4.5
6.1
2.6
4.3
4.3
3.3
1.3
1.25
5 <101.4
....................
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....................
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Potentially Launched in Future
Taurus II ..........................
Minotaur I .........................
C–4 Trident I ....................
Castor I ............................
SR19/SR773 ....................
SR19/SR19 ......................
Castor IVB .......................
Patriot ..............................
THAAD .............................
....................
....................
....................
....................
....................
....................
....................
....................
....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
.....................
5 90+
....................
....................
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....................
....................
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1 Motor
sound pressures from solid fueled motors are directly correlated to motor diameter.
used Steller sea lion seasonal haulout; use has declined significantly in recent times.
3 Alternate Steller sea lion haulout, a tidally exposed small rock located midway between the traditional haulout and the northeastern most
cape of Ugak Island.
4 Second alternate Steller sea lion haulout located on the northeastern most cape of Ugak Island.
5 Estimated.
2 Traditionally
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Another component of the AAC’s
launches includes security overflights.
In the days preceding the launch, these
occur approximately 3 times per day
based on the long-term average. Flights
associated with the launch will not
approach occupied pinniped haulouts
on Ugak Island by closer than 0.25 mile
(0.4 km), and will maintain a vertical
distance of 1,000 ft (305 m) from the
haulouts when within 0.5 miles (0.8
km), unless indications of human
presence or activity warrant closer
inspection of the area to assure that
national security interests are protected
in accordance with law. Over the
operational history of these flights,
aircraft have been operated within the
0.25 mile limit on two occasions; both
involved direct overflight of the Steller
sea lion haulout spit, which was
unoccupied each time the incursions
occurred.
Description of Marine Mammals in the
Area of the Specified Activity
AAC’s current MMPA regulations (71
FR 4297), which are set to expire
February 28, 2011, require aerial
surveys be conducted before and after
each launch to monitor for presence and
abundance of marine mammals within
the designated 6 mile action area. In
compliance with these conditions, the
AAC has completed these surveys since
2006. Aerial survey data indicate that
Steller sea lions, harbor seals, gray
whales (Eschrichtius robustus),
humpback whales (Megaptera
novaeangliae), and sea otters (Enhydra
lutris) occur within the action area.
Although potentially present, cetaceans
within the action area are not expected
to be taken during the specified
activities. Airborne noise is generally
reflected at the sea surface outside of a
26° cone extending downward from the
ascending rocket (Richardson et al.
1995); therefore, little sound energy
passes into the sea across the air-water
boundary. Submerged animals would
have to be directly underneath the
rocket to hear it, and given the
hypersonic velocity of launch vehicles
in the atmosphere, the duration of
sounds reaching any cetacean would be
discountable. In addition, all spent
rocket motors will fall into the open
ocean over deep water. Given the very
short time a cetacean is at the surface,
direct impact from spent motors can be
discounted as can any noise related
impacts. Based on these reasons, NMFS
does not anticipate take of cetaceans
incidental to the specified activity;
hence, they will not be discussed
further. Sea otters are managed by the
U.S. Fish and Wildlife Service; therefore
no take of sea otters is included in the
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proposed regulations. As such, this
species is not discussed further in this
proposed rule.
Steller Sea Lion
Steller sea lions are designated into
two stocks by NMFS. Those west of 144°
longitude, which includes the KLC area,
are listed as endangered under the ESA.
Historically, mature and sub-adult
males have used a spit on the
northwestern side of Ugak Island as a
post-breeding haulout. This spit is
located 3.5 miles from the launch pad
complex (see figure 4 and 5 in the
application). The historic occupancy
period ranges from June to September
(post breeding), with peak reported
numbers in the hundreds (Sease 1997;
ENRI 1995–1998). However, use has
declined in recent times in keeping with
general declines seen in the species as
a whole. The spit is designated a longterm trend count site by NMFS and has
been surveyed once yearly, with June as
the target, since the 1990s. Counts since
2000 have generally been zero (e.g.,
NMFS, 2009; Fritz and Stinchcomb,
2005), which is in line with the counts
from all other long-term trend count
sites in the Kodiak Archipelago over the
same time period. All of these other
long-term trend sites are far removed
from the 6 mile radius anticipated
impact area up range from KLC (i.e.
areas opposite to the flight path), in
areas not exposed to launch noise.
Hence, Steller sea lion abundance has
declined throughout the region, not just
the area affected by launches, and the
losses are likely not a result of or
connected with the launches or use of
KLC.
Data from AAC’s aerial surveys over
the past four years also support low use
of the haulout. Since 1999, five
launches have occurred during the
Steller sea lion season. The spit haulout
has not been used by Steller sea lions
during launch-monitoring surveys since
1999 (ENRI, 2000, R&M, 2007a,b, 2008);
however one to several Stellar sea lions
have been observed from time-to-time
during recent launch surveys utilizing a
supratidal rock on eastern Ugak Island
(termed East Ugak Rock) as a haulout.
Tables 2 and 4 in the application
provide a breakdown of survey results
per day. In summary, two to eight sea
lions were observed per day on East
Ugak Rock during surveys for the FTG–
02 launch (R&M, 2006b) and one to five
(per day) were observed during the
FTX–03 launch (R&M, 2008). In
addition, during one aerial survey that
was completed outside the JuneSeptember timeframe (during the FTG–
05 campaign in December 2008), a
single Stellar sea lion was observed on
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East Ugak Rock. Eastern Ugak Rock is
located farther east and to the south of
the KLC than Ugak Island; therefore, one
can assume launch generated sound
levels here are less than those at Ugak
Island.
Harbor Seals
Harbor seals are the most abundant
marine mammal species found within
the action area. Harbor seals are not
listed as threatened or endangered
under the ESA or as depleted under the
MMPA. Based on AAC aerial survey
counts from launch monitoring reports
conducted since January 2006,
approximately 97% of all harbor seals
are found on the eastern shore of Ugak
Island, approximately 5 miles from the
launch pad complex. The eastern shore
is backed by high steep cliffs that reach
up to 1,000 feet above sea level. These
cliffs form a visual and acoustic barrier
to rocket operations, and limit effects on
the species. This conclusion is based on
review of sound pressure recordings
made at the haulout spit found on the
island’s northwestern shore, which
showed surf and wind-generated sound
pressures at sea level were generally in
the >70 dBA (SEL) range on the clearest
days (Cuccarese et al. 1999, 2000).
During inclement weather periods
ambient sound pressures at sea level can
exceed 100 dBA (SEL). The island’s
eastern shore is windward to prevailing
winds and surf noise is routinely high.
Harbor seals located on Ugak Island’s
northern shore are not as protected from
launch noise, and therefore may be
harassed incidental to AAC’s specified
activity. However, harbor seal
abundance on the northern shores is
limited due to the lack of suitable
habitat (i.e., few beaches). During 30
aerial surveys conducted by AAC during
six rocket launches from 2006–2008, no
seals were observed on North Ugak
Island on 19 occasions. On surveys
when seals were present, average
abundance was 25 with a single day
count of 125 individuals.
Because physical access to Ugak
Island harbor seal haulouts is difficult
and dangerous, the only abundance and
behavior data of these seals have been
derived from aerial surveys conducted
by AAC. Harbor seals generally breed
and molt where they haulout, so it is
assumed that both of these activities
take place on Ugak Island, and young
seals have routinely been seen there
during launch-related aerial surveys.
Pupping in Alaska takes place generally
in the May-June time frame; molting
occurs generally from June to October.
Both periods contain peaks in haulout
attendance. Total counts on Ugak Island
have increased steadily since the 1990s
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from several hundred (ENRI 1995–1998)
up to a peak of about 1,500 today (R&M
2007a, 2007b, 2008, 2009).
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Potential Effects on Marine Mammals
As discussed above, launch
operations are a major source of noise
on Kodiak Island and can reach Steller
sea lion and harbor seal haulouts and
rookeries on Ugak Island. Marine
mammals produce sounds in various
contexts and use sound for various
biological functions including, but not
limited to (1) Social interactions; (2)
foraging; (3) orientation; and (4)
predator detection. Interference with
producing or receiving these sounds
may result in adverse impacts. Audible
distance, or received levels (RLs) will
depend on the nature of the sound
source, ambient noise conditions, and
the sensitivity of the receptor to the
sound (Richardson et al., 1995). Type
and significance of marine mammal
reactions to noise are likely to be
dependent on a variety of factors
including, but not limited to, the
behavioral state (e.g., resting,
socializing, etc.) of the animal at the
time it receives the stimulus, frequency
of the sound, distance from the source,
and the level of the sound relative to
ambient conditions (Southall et al.,
2007). In general, marine mammal
impacts from loud noise can be
characterized as auditory and nonauditory.
Potential Auditory Impacts
Auditory impacts consist of injurious
(e.g., ruptured ear drums, permanent
threshold shift [PTS]) or non-injurious
(e.g., temporary threshold shift [TTS])
effects. There are no empirical data for
onset of PTS in any marine mammal;
therefore, PTS-onset must be estimated
from TTS-onset measurements and from
the rate of TTS growth with increasing
exposure levels above the level eliciting
TTS-onset. PTS is presumed to be likely
if the hearing threshold is reduced by ≥
40 dB (i.e., 40 dB of TTS).
Given the distance from the pad area
to Ugak Island and the measured sound
levels from the Castor 120 (101.4 dB),
for the loudest space vehicle used at the
KLC, pinniped auditory injury is not
anticipated. To further justify that the
potential for PTS does not exist, we
examined Auditory Brainstem Response
(ABR) testing on 18 seals during rocket
launches at Vandenberg Air Force Base.
Rocket launches at VAFB create sonic
booms over pinniped haulouts;
therefore, noise from these launches are
much louder than what would be
audible at haulouts on Ugak Island
(sonic booms are not audible from Ugak
Island). These experiments are
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described in detail in NMFS’ 2009 EA
on the Issuance of Regulations to Take
Marine Mammals by Harassment
Incidental to Space Vehicle and Test
Flight Activities from Vandenberg Air
Force Base, California. In summary,
ABR testing on harbor seals was
conducted after one Delta IV launch in
2006. During this launch the digital
audio tape (DAT) recorder was located
at the VAFB Boathouse (near where the
harbor seal hearing tests were
performed). The DAT measured the
unweighted SEL at 131.3 dB, the Cweighted SEL at 127.5 dB, and the Aweighted SEL at 111.3 dB. The Lmax
was measured at 102.6 dB (Thorson et
al., 2007). Harbor seal ABR results
concluded that there was no evidence
that the launch noise from the Delta IV
launch, which has an associated sonic
boom, caused a loss in harbor seal
hearing acuity. Therefore, PTS is not a
concern for pinnipeds exposed to
launch noise from the KLC as noise
levels at this location are below those
experienced during the Delta IV launch,
and sonic booms are not audible on
Ugak Island.
Regarding TTS, although hearing
sensitivity was not apparently affected
during the ABR testing, that is not to say
that TTS did not occur, as seals were
tested approximately 2 hours after
launch, not immediately following the
launch. However, if TTS did occur,
hearing was fully recovered within 2
hours. In conclusion, NMFS has
preliminarily determined PTS would
not occur in pinnipeds on Ugak Island
and TTS, although unlikely, may occur.
If pinnipeds on Ugak Island experience
TTS, full-hearing recovery is expected
shortly after exposure.
Potential Behavioral Impacts
To comply with their current
regulations, AAC attempted to collect
video footage of pinnipeds during
launches; however, weather, technical,
and accessibility issues prevented video
from being obtained. Therefore, no
immediate responses of pinnipeds to
AAC launch noise have been
documented. However, as discussed
above, VAFB researchers have been
investigating the short and long-term
effects of space vehicle launch noise
and sonic booms on pinnipeds. As
described in NMFS’ 2009 EA, the
percentage of seals that left the haul-out
increased as noise level increased up to
approximately 100 decibels (dB) Aweighted SEL, after which almost all
seals leave, although recent data have
shown that an increasing percentage of
seals have remained on shore. Using
time-lapse video photography, VAFB
discovered that during four launch
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events, the seals that reacted but
remained on the haulout were all adults.
VAFB theorized that adult seals may
have habituated to launch stimuli more
so than less-experienced younger seals;
hence the less-severe reactions.
VAFB researchers also found that the
louder the launch noise, the longer it
took for seals to begin returning to the
haul-out site and for the numbers to
return to pre-launch levels. In two past
Athena IKONOS launches with Aweighted SELs of 107.3 and 107.8 dB at
the closest haul out site, seals began to
haul-out again approximately 16 to 55
minutes post-launch (Thorson et al.,
1999a; 1999b). During several Titan II
launches, where A-weighted sound
exposure levels ranged from 86.7 to 95.7
dBA, seals began to return to that
haulout site within 2 to 8 minutes postlaunch (Thorson and Francine, 1997;
Thorson et al., 2000). Based on VAFB
observational data and the loudest
measured sound pressure level recorded
on Ugak Island (approximately 101.4
dBA), NMFS anticipates that if seals and
sea lions are disturbed, they may begin
to return to haulout sites on Ugak Island
within 2 to 55 minutes of the launch
disturbance.
The behavioral data record for Steller
sea lions is small throughout the North
Pacific range and typically is focused on
reproductive behaviors. In general,
studies have shown that responses of
pinnipeds on beaches to acoustic
disturbance arising from rocket and
target missile launches are highly
variable. This variability may be due to
many factors, including species, age
class, and time of year. Porter (1997)
observed Steller sea lions fleeing into
the water for a wide variety of reasons
such as helicopter overflights, bird
flybys, and the presence of nearby
humans. He also noted sea lion
stampedes into the water that could not
be correlated with any observed
stimulus. There is also evidence that
both time of day and air temperature
alter the probability of entry into the
water (animals are more likely to enter
the water when already overheated)
(Bowles, 2000). Steller sea lions have
been seen to mill about just offshore
with their heads up in a heightened
state of watchfulness (Porter, 1997) and
remain close to the haulout until they
sense it is safe to go back ashore
(Lockheed Martin Environmental
Services, 1999).
The infrequent (approximately nine
times per year) and brief (no more than
1 minute as heard from Ugak Island)
nature of these sounds that would result
from a rocket launch is not expected to
alter the population dynamics of Steller
sea lions or harbor seals which utilize
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Ugak Island as a haulout site. Current
harbor seal numbers on Ugak Island
total around 1,500 (R&M 2009), which is
an increase of about 1,100 since the
1990s (ENRI 1995–1998); therefore,
population dynamics of harbor seals
have also not been negatively impacted
from past launches originating from
KLC. Steller sea lion numbers have
decreased on Ugak Island; however, this
decline mimics that seen at all other
long-term trend sites in the Kodiak
Archipelago. AAC has only launched no
more than two rockets per year during
the Steller sea lion season, annually;
and thus, it is highly unlikely that AAC
launches are the cause of this
phenomenon, which is more likely
related to overall population decline or
prey resource availability.
If launches occur during the harbor
seal pupping period and harbor seals
have also chosen to pup on the north
beach, it is possible that harbor seal
pups could be injured or killed as a
result of the adults flushing in response
to the rocket noise, or the mother/pup
bond could be permanently broken.
However, NMFS does not expect harbor
seal pup injury and mortality to occur
to a great degree. Harbor seal pups are
extremely precocious, swimming and
diving immediately after birth and
throughout the lactation period, unlike
most other phocids which normally
enter the sea only after weaning
(Lawson and Renouff, 1985; Cottrell et
al., 2002; Burns et al., 2005). NMFS
recognizes the critical bonding time
needed between a harbor seal mother
and her pup to ensure pup survival and
maximize pup health. Harbor seals pups
are weened from their mother within
approximately 4 weeks; however, the
most critical bonding time is
immediately (minutes) after birth.
Lawson and Renouf (1987) conducted
an in-depth study to investigate harbor
seal mother/pup bonds in response to
natural and anthropogenic disturbance.
In summary, they found that a mutual
bond is developed within 5 minutes of
birth, and both the mother and pup play
a role in maintaining contact with each
other. The study showed a bilateral
bond, both on land and in the water,
and that mothers would often wait for
or return to a pup if it did not follow
her. Pups would follow or not move
away from their mother as she
approached. Most notably, mothers
demonstrated overt attention to their
pups while in the water and during
times of disturbance on the nursery.
Increased involvement by the mothers
in keeping the pairs together during
disturbances became obvious as they
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would wait for, or return to, their young
if the pups fell behind.
In additional to incidental
harassment, harbor seal pups have been
the subject of numerous research studies
resulting in direct, intentional
harassment. Research activities often
include capture and handling of very
young pups and separating pups from
their mothers for short periods of time.
Scientists report they have disturbed
seals during capture, then left the area
within approximately 1 hour. Seals
return to the haulout site within
minutes of the scientists leaving the
beach (J. Harvey to M. DeAngelis, pers.
comm., Jan. 12), further demonstrating
harbor seal pup resilience to
disturbance. Given that pups are
precocious at birth, bonds between
mothers and pups are known to form
within minutes of birth, and other
characteristics of mother/pup bonding
described above, NMFS has
preliminarily determined that Level A
harassment or mortality may not occur
due to the pups precociousness and the
early bond formed between mothers and
pups; however, it cannot be discounted.
Therefore, NMFS is proposing to
authorize Level A harassment and
mortality for harbor seal pups. Steller
sea lion pup injury or mortality is not
a concern as no pupping for this species
occurs within the action area.
Finally, KLC conducts approximately
three security overflights per day in the
days preceding a launch. Several studies
of both harbor seals and Steller sea lions
cited in Richardson et al. (2005), suggest
that these animals respond significantly
less to overflights of both planes and
helicopters that occur above 305 m (0.2
mi). NMFS does not anticipate
harassment from overflights to occur as
they generally would remain at least
0.25 miles from a haulout; however, if
pilot or crew notice overt responses
from pinnipeds (e.g., flushing) to
aircraft, this would be noted and
reported to NMFS in the flight report.
Observations made of any animals
displaced by a security overflight are
reported to the environmental
monitoring team for inclusion in their
report of monitoring results.
Anticipated Effects on Habitat
Solid fuel rocket boosters would fall
into the ocean away from any known or
potential haulouts. All sonic booms that
reach the earth’s surface would be
expected to occur over open ocean
beyond the outer continental shelf.
Airborne launch sounds would mostly
reflect or refract from the water surface
and, except for sounds within a cone of
approximately 26 degrees directly below
the launch vehicle, would not penetrate
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into the water column. The sounds that
would penetrate would not persist in
the water for more than a few seconds.
Overall, rocket launch activities from
KLC would not be expected to cause any
impacts to habitats used by marine
mammals, including pinniped haulouts,
or to their food sources.
Proposed Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(A) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses.
To minimize impacts on pinnipeds at
haulout sites, the AAC has proposed, as
part of their specified activities, the
following mitigation measures: (1)
Security overflights immediately
associated with the launch would not
approach occupied pinniped haulouts
on Ugak Island by closer than 0.25 mile
(0.4 km), and would maintain a vertical
distance of 1,000 ft (305 m) from the
haulouts when within 0.5 miles (0.8
km), unless indications of human
presence or activity warrant closer
inspection of the area to assure that
national security interests are protected
in accordance with law; (2) AAC would
avoid launches during the harbor seal
pupping season (May 15–June 30),
unless constrained by factors including,
but not limited to, human safety and
national security; and (3) if launch
monitoring or quarterly aerial surveys
indicate that the distribution, size, or
productivity of the potentially affected
pinniped populations has been affected
due to the specified activity, the launch
procedures and the monitoring methods
would be reviewed, in cooperation with
NMFS, and, if necessary, appropriate
changes may be made through
modifications to a given LOA, prior to
conducting the next launch of the same
vehicle under that LOA.
NMFS has carefully evaluated the
applicant’s proposed mitigation
measures and considered a range of
other measures in the context of
ensuring that NMFS prescribes the
means of effecting the least practicable
adverse impact on the affected marine
mammal species and stocks and their
habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another: (1) The manner and the degree
to which the successful implementation
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of the measure is expected to minimize
adverse impacts to marine mammals; (2)
the proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and (3) the
practicability of the measure for
applicant implementation, including
consideration of personnel safety, and
practicality of implementation. The
proposed mitigation measures take
scientific studies (Richardson et al.,
2005) of overflight effects on pinnipeds
into consideration. By avoiding
launches during the harbor seal pupping
season, AAC would subsequently be
avoiding all Level A harassment and
mortality. Lastly, the adaptive nature of
the proposed mitigation measures allow
for adjustments to be made if launch
monitoring or quarterly aerial surveys
indicate that impacts to the distribution,
size, or productivity of pinniped
populations are occurring.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS
or recommended by the public in the
prior rulemaking, NMFS has
preliminarily determined that the
proposed mitigation measures provide
the means of effecting the least
practicable adverse impacts on marine
mammals species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Proposed Monitoring and Reporting
In order to issue an ITA for an
activity, Section 101(a)(5)(A) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking.’’ The MMPA implementing
regulations at 50 CFR 216.104(a)(13)
indicate that requests for ITAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present.
AAC proposes to purchase and place
one remote live streaming video system
overlooking one of the harbor seal
haulouts on the eastern side of Ugak
Island for the first five launches
conducted under these regulations to
verify the assumption that seals on the
eastern side of the island are not
affected by launches. Although animals
on the northern shore are more likely to
be affected by the action, this area is
predominantly a rocky reef tidal area
where seals haulout opportunistically,
either singly or in small numbers on
exposed rocks. There is more
confidence seals will be visible and able
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to be monitored on the eastern side of
the island. After five launches, AAC and
NMFS will reassess the efficiency of the
camera system and possibly move it to
another location (e.g., the traditional
Steller sea lion haulout).
The selected haulout would be
viewed either in real time or via ‘‘tape’’
delay for six days using the following
schedule where day length permits. The
six-day schedule would be roughly
centered on the day of launch, with
launch day being day three of the
monitoring schedule. The video stream
would be viewed by professional
biologists for 4 hours each day with
monitoring centered on the time of
launch on launch day, and on low tide
on the other days. Detailed information
on when monitoring would occur
around a launch is provided in AAC’s
application. Data collected from the live
stream video would include number of
animals observed, by age and sex class
when possible, behavior (e.g., resting),
animal response to launches, and reoccupation time if disturbed.
The video system was developed,
tested, and first put into service in
Alaska, and has proven itself over many
years of operation both in Alaska and
around the world. The video system is
all weather proven and autonomous,
drawing energy from a combination of
wind and solar generators. It features a
camera that includes a lens that can be
focused (zoom and pan) on command
and provides live-streaming video that
can be made available through internet
access to interested researchers in real
time.
AAC would also carry out quarterly
aerial surveys to determine long-term
trend counts of the Steller sea lion and
harbor seals within the action area.
Surveys would be flown midday and
centered around low tide for optimal
seal counts. The aircraft would survey
from a distance appropriate to count
seals or sea lions, but far enough away
to minimize harassment. Data collected
would include number of seals or sea
lions per haulout, by age class when
possible, and if any disturbance
behavior is noted from aircraft presence.
In addition to visual monitoring,
whenever a new class of rocket is flown
from the KLC, a real time sound
pressure record would be obtained for
documentation purposes and correlated
with the behavioral response record.
Two sound pressure monitors would be
used: One would be placed at the
established sound pressure recording
location known as Narrow Cape and the
other as close as practical to the remote
video system.
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Estimated Take by Incidental
Harassment
Except with respect to certain
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].
As described above, Steller sea lions
hauled out on Ugak Island may become
alert or flush into the water in response
to launch noise. Sound exposure levels
from the loudest launch may reach
approximately 101.4 dBA at the
traditional Steller sea lion haulout.
Based on this recorded level and the fact
that audible launch noise would be very
short in duration, sea lions are not
expected to incur PTS, and the chance
of TTS is unlikely. No injury or
mortality of Stellar sea lions is
anticipated, nor would any be
authorized. Therefore, NMFS proposes
to authorize Steller sea lion take, by
Level B harassment only, incidental to
launches from KLC.
Harbor seals of all age classes hauled
out on the northern side of Ugak Island
would likely react in a similar manner
as Steller sea lions (and may become
alert or flush into the water) to launches
from KLC. Therefore, harbor seals may
be taken by Level B harassment
incidental to rocket launch noise.
However, during the pupping season
(May 15–June 30), pups may also be
injured, killed, or separated from their
mother during a flushing event.
Therefore, AAC has requested, and
NMFS proposes, to authorize Level A
harassment and mortality of harbor seal
pups.
As discussed above, security
overflights associated with a launch
would not closely approach or circle
any sea lion or seal haulout site.
Therefore, incidental take from this
activity is not anticipated. Should the
pilot or crew on the plane observe
pinnipeds reacting to their presence, the
plane would increase altitude and note
the number of animals reacting to the
plane. These data would be included in
AAC’s final marine mammal report.
AAC estimates that up to 45 launches
may occur from KLC over the course of
the 5-year period covered by the
proposed rulemaking. Annually, AAC
estimates an average of nine launches
would occur. Most of these vehicles are
expected to be of the Minotaur I through
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V class, including civil versions of the
Castor 120 known as the Athena and
Taurus I or smaller target vehicles. AAC
estimates that no more than one launch
would occur over a 4-week period, and
it is likely the frequency of launches
would be less than this estimate.
Based on aerial survey data, AAC
estimates a maximum of ten Steller sea
lions could be present during launches
occurring during the Steller sea lion
season (the maximum number of
animals sighted during a survey has
been eight). Any sea lions present
during the launches would be adult or
juvenile males; therefore, no
reproductive processes or pupping
would be affected by the specified
activities. Assuming that all nine
launches (the average number of
launches predicted by AAC) occur
during the Steller sea lion season, that
all nine launches involve the Castor 120
(the loudest vehicle expected to be
flown from KLC over the period to be
covered by the proposed regulations),
and that there is no habituation to
rocket motor effects with experience,
then up to 90 takes by harassment could
occur per year (ten animals/launch ×
nine launches). However, it is more
reasonable to assume that a maximum of
four launches per year could occur
during the 2-month Steller sea lion
season, and that no more than eight
Stellers would be present at any given
time (the maximum number recorded).
Therefore, NMFS is proposing to
authorize the take, by Level B
harassment, of 32 Steller sea lions per
year (eight animals × four launches).
The total number of harbor seals
present on Ugak Island ranges up to
about 1,500, most of which are found on
the island’s eastern shore where they are
sheltered from launch effects by the
1,000-foot tall cliffs that stand between
their haulouts and KLC. Relatively few
harbor seals use haulouts on the
northern side of the island across from
KLC due to the lack of suitable beaches.
No seals were observed on northern
haulouts, which consist primarily of
isolated rocks, during 19 of 30 marine
mammal surveys flown by AAC from
2006–2008. When present, the majority
of counts on northern haulouts were of
fewer than 25 individuals; however, a
one-time high count of about 125
animals on these rocks has been made.
Using the conservative and rare high
number of 125 as being a representative
figure, AAC estimates that up to 125
individuals might be taken per launch
operation. Therefore, AAC has
requested, and NMFS proposes to
authorize 1,125 harbor seal (125 seals/
launch × nine launches/year) takes
during launch operations.
The actual number of pups taken by
Level A harassment or mortality is
difficult to quantify, as age class was not
identified during AAC’s previous
monitoring efforts (age class distinction
would occur under the proposed
monitoring and reporting requirements).
Given that seals do not use the northern
haulouts in large numbers (as compared
to the protected eastern haulouts), the
number of pups on the area of the island
exposed to launch noise is likely low.
Actual numbers will likely be smaller
given the low and variable use of the
area by harbor seals. NMFS consulted
with Ms. Kate Wynne, a marine
mammal specialist with the Alaska Sea
Grant Marine Advisory Program, who
has previously flown aerial surveys
within the action area. Her data, from
the early 1990s, indicate that pup
counts on the northern side of Ugak
Island averaged approximately 17.
Although this data is not recent, it is the
best available. NMFS does not
anticipate that all pups on a haulout
would be injured or killed during a
launch and, in fact, many may not be
taken by Level A harassment or
mortality. However, in the unlikely
event injury or mortality occurs, NMFS
proposes to authorize 17 harbor seal
pup takes by Level A harassment or
mortality, annually, incidental to AAC’s
activities.
Previous Activities and Monitoring
As discussed above, under AAC’s
current regulations (valid February 27,
2006 through February 28, 2011) and
annual LOAs, AAC has been conducting
marine mammal monitoring within the
action area before and after launch
events to satisfy the monitoring
requirements set forth in MMPA
authorizations. The objective of
monitoring Steller sea lions and Pacific
harbor seals is to detect any indications
of pinniped disturbance, injury, or
mortality resulting from KLC rocket
launches at the Ugak Island haulout site.
Monitoring requirements included:
(1) Conducting fixed-wing aerial surveys
at least one day prior to, immediately
after, and three days post any launches
taking place from June 15 through
September 30, weather permitting;
(2) installing a remote custom-designed,
closed-circuit, weatherproof, time-lapse
video camera system at the base of the
traditional Steller sea lion haulout
before any launch occurring from June
15 through September 30; and
(3) making an attempt to place a video
camera with zoom lens on the accessible
western end of the north-facing shore to
record harbor seal behavior on the
middle or eastern end of the shore, or
on the rocks offshore (recall that the
eastern side of Ugak Island—where the
majority of seals are—is completely
inaccessible to pedestrian or boat traffic
due to the high cliffs and violent surf).
The regulations also contained noise
monitoring requirements; however,
these data are discussed in the Specified
Activity section above. AAC complied
with the noise monitoring conditions
contained within the regulations and
annual LOAs.
Since 2006, AAC has conducted five
launches from the KLC. AAC did not
exceed the number of launches
allocated in their regulations during the
Steller sea lion or harbor seal pupping
season in any given year. The dates and
types of launches and types of
monitoring conducted are provided in
Table 2. Only one launch has occurred
during the harbor seal pupping season.
No launches occurred in 2009 and none
have occurred in 2010 to date. Results
of the acoustic monitoring are described
in the Specified Activities section above
and are not reiterated here.
srobinson on DSKHWCL6B1PROD with PROPOSALS
TABLE 2—DATES AND TYPES OF LAUNCHES FROM THE KLC UNDER CURRENT REGULATIONS AND TYPE OF MONITORING
CONDUCTED
Date
9/1/2006 ...............................
5/25/2007 .............................
9/28/2007 .............................
7/18/2008 .............................
12/1/2008 .............................
FTG–02 ...............................
FTX–03 ...............................
FTG–03a .............................
FTX–03 ...............................
FTX–05 ...............................
Aerial monitoring
(Number of days)
Launch designator
Yes
Yes
Yes
Yes
Yes
(6)
(3)
(5)
(5)
(5)
................................
................................
................................
................................
................................
Video monitoring
Yes ......................................
No 1 .....................................
Yes ......................................
Yes 2 ....................................
No .......................................
1 Foul
Acoustic monitoring
Yes.
Yes.3
Yes.
Yes.
Yes.3
weather prevented accessing Ugak Island.
camera batteries failed prior to launch so no data during launch is available.
3 Only one noise monitor was deployed at Narrow Cape (approximately 0.9 mi from the launch site). Ugak Island was inaccessible.
2 Video
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During the September 2006 launch,
aerial surveys found that Steller sea
lions did not use the traditional haulout
site on the spit at the north end of Ugak
Island; however, one to four Steller sea
lions used a supralittoral rock on the
east side of Ugak Island (East Ugak
Rock). On pre-launch aerial surveys,
two to four sea lions were hauled out in
that location. On post-launch aerial
surveys, one to two sea lions were
hauled out. Daily harbor seals counts
within the primary study area ranged
from 495 seals on August 28th to 961
seals on September 1st.
The traditional Steller sea lion
haulout was not occupied during the
pre-launch monitoring period during
the 2006 launch. Therefore, an
alternative video monitoring site
overlooking East Ugak Rock was chosen
on the northeast side of Ugak Island. On
September 1, the two sea lions on the
haulout exhibited no reaction indicating
disturbance during the launch. The
launch occurred at 09:22. From 07:24 to
09:44, the two sea lions laid resting on
the haulout. At 09:44, they sat up and
interacted for 1 min 12 seconds, then
laid and rested until monitoring ceased
at 13:29.
In 2007, AAC launched two vehicles;
an FTX–03 launch occurred on May 25,
2007, and an FTX–03a launch occurred
on September 28, 2007. For the May
launch, foul weather (low ceiling, heavy
fog) hampered or completely prevented
monitoring efforts except for aerial
surveys; three aerial surveys were
completed. Steller sea lions were not
observed at the traditional haulout or
East Ugak Rock during the aerial
surveys. Daily harbor seal counts ranged
from 136 seals on May 23rd to 402 seals
on May 27th. For the September launch,
one aerial survey was completed before
the launch, and four surveys were
completed post-launch. Steller sea lions
were not present at the traditional
haulout or on East Ugak Rock. Daily
harbor seal counts within the primary
study area ranged from zero to 748 seals
with peak counts two days following the
launch. Video monitoring at the harbor
seal haulout did not detect any seals.
However, glare from the low angle sun
in the morning and low magnification
made it difficult to see all the detail on
the video recording.
In 2008, AAC launched two vehicles;
an FTX–03 launch occurred on July
18th and an FTX–05 launch occurred on
December 1st. For the July, FTX–03
launch, one aerial survey was
completed before the launch and four
surveys were completed post-launch.
Foul weather hampered or completely
prevented all but one of the aerial
surveys during the FTG–05 launch in
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December; that survey was completed
on December 7 after the launch. Steller
sea lions did not occupy the traditional
haulout on the spit at the north end of
Ugak Island during either of the two
launches in 2008; however, small
numbers (one to five) of sea lions
occupied East Ugak Rock during the
aerial surveys conducted for both
launches. Daily totals within the
primary study area during the FTX–03
launch ranged from 610 to 1,534 seals.
During the single aerial survey
completed for FTG–05, 971 harbor seals
were counted in the primary study area.
Based on the attendance pattern
gathered from the FTX–03 launch
(which had complete surveys), seal
numbers were at pre-launch levels
within 5 hours after the launch.
A video camera recorded sea lions at
East Ugak Rock on July 17–18, 2008
during the FTX–03 launch campaign.
The video recorder ran for
approximately 14 hours before running
out of power about 2 hours before the
rocket launch. Therefore, the
instantaneous response of sea lions to
the launch was not recorded. On July
17, the day before the rocket launch,
zero to three sea lions were recorded on
the rock and the same number were
recorded before the launch on July 18.
Three sea lions were on the rock when
the recorder quit. Three sea lions also
were present on the same rock 3 h 17
min later (1 h 25 min after the launch),
when the video camera was retrieved.
Thus, the attendance of sea lions
observed at East Ugak Rock suggests that
if there was disturbance, it was shortlived. During the FTG–05 launch in
December, video equipment could not
be installed at Ugak Island because of
heavy fog the day before the launch.
As anticipated, foul weather proved it
difficult to access Ugak Island to deploy
equipment. However, AAC was able to
collect Steller sea lion reactions to one
launch; no reactions were observed.
Although attempted, AAC was
unsuccessful at monitoring harbor seal
reactions to the launch. Despite lack of
direct monitoring during the launch,
pinniped counts acquired during aerial
surveys post-launch suggest that, if
animals are reacting, it is short-lived
and not having an impact on the
population. Because AAC fulfilled the
mitigation and monitoring requirements
to the best of their ability, NMFS has
determined that AAC complied with the
mitigation and monitoring requirements
set forth in regulations and annual
LOAs. In addition, NMFS has
determined that the impacts on marine
mammals from the activity fell within
the nature and scope of those
anticipated and authorized in the
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previous authorization (supporting the
analysis in the current authorization).
For the proposed monitoring
measures, NMFS has shifted its focus
from direct Steller sea lion to harbor
seal monitoring. AAC will monitor
harbor seal reactions to rocket launches
during the launch itself via a type of
camera system currently used by the
Alaska Sea Life Center to monitor
haulouts and rookeries. The camera will
be placed at a harbor seal pupping
location on Ugak Island to better assess
the likelihood that harbor seal pups may
be abandoned, injured, or killed as a
direct result of a rocket launch
disturbance. The camera system will be
installed and operating if the AAC
conducts a launch during the harbor
seal pupping season. Unlike the
previous system, this camera system
does not need to be retrieved to acquire
data and battery power is not
problematic. Therefore, AAC can place
it at a harbor seal haul-out during good
weather no matter the number of days
before a launch and does not have to be
concerned with retrieving it. These
factors will likely eliminate the previous
issues with video monitoring designed
to detect pinniped reactions at the time
of the launch. In addition, the camera
system will have a zoom lens for better
viewing quality.
Negligible Impact and Small Numbers
Analysis and Determination
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.’’
In making a negligible impact
determination, NMFS considers (and
should explicitly address whenever
possible) the following:
(1) Number of anticipated mortalities;
(2) number and nature of anticipated
injuries; (3) number, nature, intensity,
and duration of Level B harassment;
(4) is the nature of the anticipated takes
such that we would expect it to actually
impact rates of recruitment or survival;
(5) context in which the takes occur;
and (6) species or stock status.
In the past few years, AAC has
conducted only zero to two launches on
an annual basis. Regardless, NMFS has
analyzed the specified activity to
include disturbance events of up to nine
launches per year as they anticipate the
capability to carry out more efficient
mission turn-around time over the
duration of the proposed regulations.
Mortalities and injuries are only
authorized for harbor seal pups, and
these are not expected due to small and
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variable harbor seal populations using
the northern haul-out sites, as well as
the nature of pups and the early bonds
formed between pups and mothers.
Level B harassment of Steller sea lions
is possible due to rocket launch noise,
but is considered unlikely based on
projected sound levels and the short
duration of the noise. Rates of seal or
sea lion recruitment or survival are not
expected to be impacted due to the
limited number of mortalities or injuries
to harbor seal pups. Due to the fact that
no sonic booms are audible from Ugak
Island, NMFS does not anticipate the
potential for PTS to occur and TTS is
unlikely, but possible. These
assumptions are justified from ABR data
collected at and around VAFB from
similar launch activities. Further, based
on aerial survey data, the harbor seal
population on this island is increasing.
Given harbor seals are considered a
species that is easily disturbed, their
resilience to launch effects suggests
impacts from launches are short-term
and negligible. The amount of take the
AAC has requested, and NMFS proposes
to authorize, is considered small (less
than one percent of Stellers and less
than three percent of harbor seals)
relative to the estimated stock
populations of 41,197 Steller sea lions
in the Western U.S. and 44,453 harbor
seals in the Gulf of Alaska.
Mitigation measures to reduce noise
from launches once in the air are
virtually impossible; however, the noise
generated on the launch pad during
ignition moves through a deep trench
(called a flame trench or flame bucket)
that diverts the noise/exhaust toward
the northwest (away from Ugak Island).
The primary method of minimizing
impacts to pinnipeds from launch noise
is to minimize the number of launches
when possible during sensitive times.
In addition, improved monitoring
would better enable AAC and NMFS to
determine if impacts from rocket
launches are having short-term and
long-term impacts on the present day
pinniped populations on Ugak Island.
The camera system would be able to
detect immediate impacts from launch
exposure, including the number of
pinnipeds flushing at the haulout site,
while quarterly aerial surveys would aid
in determining long-term trends of
pinniped abundance. Currently, NMFS
conservatively anticipates a small
number of pups may be injured or killed
during a launch. However, there is no
empirical data to prove or disprove this
as no video monitoring of seals during
the launch has been successful (the one
time a video system was placed near the
haulout, no seals were observed). As
discussed previously, the population of
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harbor seals on Ugak Island has
increased steadily from several hundred
in the 1990s (ENRI 1995–1998) to a peak
of about 1,500 today (R&M 2007a,
2007b, 2008, 2009). Therefore, NMFS
does not believe there would be any
long-term impact on the health of the
population if pup mortality is occurring
from launches. The proposed
monitoring measures contained within
this notice are specifically designed to,
among other things, determine if pup
injury or mortality is occurring due to
rocket launches from AAC.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily finds that space
vehicle and missile launches at the KLC
will result in the incidental take of
small numbers of marine mammals, but
that the total taking will have a
negligible impact on the affected species
or stocks.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action. Therefore, NMFS has
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence uses.
Endangered Species Act (ESA)
There is one marine mammal species
under NMFS’ jurisdiction that is listed
as endangered under the ESA with
confirmed or possible occurrence in the
action area: The Steller sea lion. In the
2003 Biological Opinion, NMFS
determined that the proposed actions
would not result in jeopardy to the
affected species or result in adverse
modification of critical habitat. In 2005,
AAC, on behalf of the FAA, consulted
with NMFS, under Section 7 of the ESA,
on the impacts of space vehicle and
rocket launches on Steller sea lions.
NMFS also consulted internally under
the ESA on its proposed issuance of
AAC’s 2006 MMPA regulations and
subsequent LOAs. NMFS will also
consult internally on the issuance of the
proposed regulations under section
101(a)(5)(A) of the MMPA for this
activity, which would be effective from
February 2011 through February 2016.
Consultation will be concluded prior to
a determination on the issuance of
regulations and subsequent LOAs.
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National Environmental Policy Act
(NEPA)
In 1996, the FAA prepared an EA, and
subsequently issued a Finding of No
Significant Impact (FONSI), for AAC’s
proposal to construct and operate a
launch site at Narrow Cape on Kodiak
Island, Alaska. Since 1998, AAC has
provided monitoring reports related to
noise and marine mammal impacts
associated with ongoing rocket launches
from KLC. After reviewing the new
information contained in the monitoring
reports, and considering the MMC’s
comments that impacts to harbor seals
should be more comprehensively
addressed, NMFS decided that a more
current environmental analysis was
necessary. In 2005, NMFS prepared an
EA and associated FONSI on the
Promulgation of Regulations
Authorizing Take of Marine Mammals
Incidental to Rocket Launches at Kodiak
Launch Complex, Alaska, and the
Issuance of Subsequent Letters of
Authorization. NMFS found that the
promulgation of a 5-year rulemaking in
2006, and issuance of subsequent LOAs
would not significantly impact the
quality of the human environment and
therefore issued a FONSI. Accordingly,
preparation of an Environmental Impact
Statement or Supplemental
Environmental Impact Statement for
this action was not necessary. NMFS
has determined that because the action
has not changed significantly from that
analyzed in previous NEPA documents,
further analysis under NEPA is not
necessary for issuance of regulations
and subsequent LOAs extending into
2016.
Classification
OMB has determined that this
proposed rule is not significant for
purposes of Executive Order 12866.
Pursuant to section 605(b) of the
Regulatory Flexibility Act (RFA), the
Chief Counsel for Regulation of the
Department of Commerce has certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities. A
description of this rule and its purpose
are found in the preamble to this
proposed rule, and are not repeated
here. The provisions of the rule will
apply directly only to AAC. The AAC is
a public corporation of the State of
Alaska involved in space vehicles and
guided missiles, and it employs
approximately 45 people. SBA’s
regulations implementing the RFA have
no ‘‘small’’ size standards for public
administration entities that administer
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and oversee government programs and
activities that are not performed by
private establishments. Accordingly, no
small entity will be affected by these
proposed rules.
The AAC may use a small number of
contractors to provide services related to
the proposed reporting requirements.
However, none of the authorizations or
requirements imposed by this action
will result in any of AAC’s contractors
expending any resources in order to be
in compliance with these proposed
regulations. Thus, the rule would have
no effect, directly or indirectly, on these
small entities.
Because AAC is the only entity that
would be directly affected by this
proposed regulation and because the
effects of this regulation would impose
no costs on any of the contractors—
whether they are large or small
entities—there will be no significant
economic impact on a substantial
number of small entities. Accordingly,
no regulatory flexibility analysis is
necessary, and none has been prepared.
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act (PRA) unless that
collection of information displays a
currently valid OMB control number.
This proposed rule contains a
collection-of-information requirement
subject to the provisions of the PRA.
This collection has been approved
previously by OMB under section
3504(b) of the PRA issued under OMB
control number 0648–0151, which
includes applications for LOAs and
reports.
List of Subjects in 50 CFR Part 217
Exports, Fish, Imports, Indians,
Labeling, Marine mammals, Penalties,
Reporting and record-keeping
requirements, Seafood, Transportation.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Dated: December 17, 2010.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For reasons set forth in the preamble,
50 CFR part 217 is proposed to be
amended as follows:
PART 217–REGULATIONS
GOVERNING THE TAKE OF MARINE
MAMMALS INCIDENTAL TO
SPECIFIED ACTIVITIES
1. The authority citation for part 217
continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
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2. Subpart H is added to read as
follows:
Subpart H—Taking of Marine Mammals
Incidental to Space Vehicle and Missile
Launches at Kodiak Launch Complex,
Alaska
Sec.
217.70 Specified activity and specified
geographical region.
217.71 Effective dates.
217.72 Permissible methods of taking.
217.73 Prohibitions.
217.74 Mitigation.
217.75 Requirements for monitoring and
reporting.
217.76 Letter of Authorization.
217.77 Renewal of a Letter of
Authorization.
217.78 Modifications to a Letter of
Authorization.
Subpart H—Taking of Marine Mammals
Incidental to Space Vehicle and Missile
Launches at Kodiak Launch Complex,
Alaska
§ 217.70 Specified activity and specified
geographical region.
(a) Regulations in this subpart apply
only to the incidental taking of marine
mammals specified in paragraph (b) of
this section by U.S. citizens engaged in
space vehicle and missile launch
activities at the Kodiak Launch Complex
on Kodiak Island, Alaska.
(b) The incidental take of marine
mammals under the activity identified
in paragraph (a) of this section is limited
to 32 juvenile and adult Steller sea lions
(Eumetopius jubatus), 1,125 Pacific
harbor seals (Phoca vitulina) of all ages,
and 17 harbor seal pups.
§ 217.71
Effective dates.
Regulations in this subpart are
effective from March 1, 2011, through
February 28, 2016.
§ 217.72
Permissible methods of taking.
(a) Under a Letter of Authorization
issued pursuant to § 216.106 of this
chapter, the Alaska Aerospace
Corporation and its contractors may
incidentally, but not intentionally, take
Steller sea lions and Pacific harbor seals
by Level B harassment and harbor seal
pups by Level A harassment or
mortality in the course of conducting
space vehicle and missile launch
activities within the area described in
§ 217.70(a), provided all terms,
conditions, and requirements of these
regulations and such Letter of
Authorization are complied with.
(b) The activities identified in
§ 217.70(a) must be conducted in a
manner that minimizes, to the greatest
extent practicable, adverse impacts on
marine mammals and their habitat.
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§ 217.73
80783
Prohibitions.
The following activities are
prohibited:
(a) The taking of a marine mammal
that is other than unintentional.
(b) The violation of, or failure to
comply with, the terms, conditions, and
requirements of this subpart or a Letter
of Authorization issued under § 216.106
of this chapter.
(c) The incidental taking of any
marine mammal of a species not
specified, or in a manner not
authorized, in this subpart.
§ 217.74
Mitigation.
(a) The activity identified in
§ 217.70(a) must be conducted in a
manner that minimizes, to the greatest
extent practicable, adverse impacts on
marine mammals and their habitats.
When conducting operations identified
in § 217.70(a), the mitigation measures
contained in the Letter of Authorization
issued under § 216.106 of this chapter
and § 217.76 must be implemented.
These mitigation measures include (but
are not limited to):
(1) Security overflights associated
with a launch will not approach
occupied pinniped haulouts on Ugak
Island by closer than 0.25 mile (0.4 km),
and will maintain a vertical distance of
1000 ft (305 m) from the haulouts when
within 0.5 miles (0.8 km), unless
indications of human presence or
activity warrant closer inspection of the
area to assure that national security
interests are protected in accordance
with law;
(2) For missile and rocket launches,
holders of Letters of Authorization must
avoid launches during the harbor seal
pupping season of May 15 through June
30, except when launches are necessary
for the following purposes: human
safety, national security, space vehicle
launch trajectory necessary to meet
mission objectives, or other purposes
related to missile or rocket launches.
(3) All flights associated with the
marine mammal abundance quarterly
surveys must maintain a minimum
altitude of 500 ft (152 m) and remain
0.25 miles from recognized seal
haulouts.
(4) If launch monitoring or quarterly
aerial surveys indicate that the
distribution, size, or productivity of the
potentially affected pinniped
populations has been affected due to the
specified activity, the launch
procedures and the monitoring methods
will be reviewed, in cooperation with
NMFS, and, if necessary, appropriate
changes may be made through
modifications to a given LOA, prior to
conducting the next launch of the same
vehicle under that LOA.
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(5) Additional mitigation measures as
contained in a Letter of Authorization.
(b) [Reserved]
srobinson on DSKHWCL6B1PROD with PROPOSALS
§ 217.75 Requirements for monitoring and
reporting.
(a) Holders of Letters of Authorization
issued pursuant to § 216.106 of this
chapter and § 217.76 for activities
described in § 217.70(a) are required to
cooperate with NMFS, and any other
Federal, state, or local agency with
authority to monitor the impacts of the
activity on marine mammals. Unless
specified otherwise in the Letter of
Authorization, the Holder of the Letter
of Authorization must notify the
Administrator, Alaska Region, NMFS,
by letter, email or telephone, prior to
each launch. If the authorized activity
identified in § 217.70(a) is thought to
have resulted in the take of marine
mammals not identified in § 217.70(b),
then the Holder of the Letter of
Authorization must notify the Director,
Office of Protected Resources, NMFS, or
designee, by telephone (301–713–2289),
within 48 hours of the discovery of the
take.
(b) Holders of Letters of Authorization
must designate qualified protected
species observers, approved in advance
by NMFS, as specified in the Letter of
Authorization, to:
(1) Deploy for AAC a remote camera
system designed to detect pinniped
responses to rocket launches for at least
the first five launches conducted under
these regulations. AAC will conduct
visual monitoring for at least 2 hours
before, during, and after launch;
(2) Ensure a remote camera system
will be in place and operating in a
location which allows visual monitoring
of a rookery during the launch, if a
launch during the harbor seal pupping
season cannot be avoided;.
(3) Relocate the camera system to
another haulout to be chosen in
cooperation with NMFS after the first
five launches;
(4) Review and log pinniped presence,
behavior, and re-occupation time data
from the visual footage obtained from
the remote camera system and report
results to NMFS within 90 days post
launch;
(5) Obtain, whenever a new class of
rocket is flown from the Kodiak Launch
Complex, a real time sound pressure
record for documentation purposes and
to correlate with the behavioral
response record. Two sound pressure
monitors shall be used: one shall be
placed at the established sound pressure
recording location known as Narrow
Cape, and the other as close as practical
to the remote video system.
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(6) Conduct quarterly aerial surveys,
ideally during mid-day coinciding with
low tide, to obtain data on pinniped
presence, abundance, and behavior
within the action area to determine
long-term trends in pinniped haulout
use. Results of these quarterly surveys
will be reported once as part of the yearend summary report that will
accompany the request for a new LOA.
(c) Holders of Letters of Authorization
must conduct additional monitoring as
required under an annual Letter of
Authorization.
(d) Holders of Letters of Authorization
must submit a report to the Alaska
Region Administrator, NMFS, within 90
days after each launch. This report must
contain the following information:
(1) Date(s) and time(s) of the launch;
(2) Location of camera system and
acoustic recorders (if used);
(3) Design of the monitoring program
and a description of how data is stored
and analyzed; and
(4) Results of the monitoring program,
including, but not necessarily limited
to:
(i) Numbers of pinnipeds, by species
and age class (if possible), present on
the haul-out prior to commencement of
the launch;
(ii) Numbers of pinnipeds, by species
and age class (if possible), that may have
been harassed, including the number
that entered the water as a result of
launch noise;
(iii) The length of time pinnipeds
remained off the haulout during postlaunch monitoring;
(iv) Number of harbor seal pups that
may have been injured or killed as a
result of the launch; and
(v) Other behavioral modifications by
pinnipeds that were likely the result of
launch noise.
(5) Results of sound pressure level
monitoring will be reported in flat
weighted, A-weighted, and peak
measurements.
(e) An annual report must be
submitted at the time of request for a
renewal of the Letter of Authorization;
it will include results of the aerial
quarterly trend counts of pinnipeds at
Ugak Island.
(f) A final report must be submitted at
least 90 days prior to expiration of these
regulations if new regulations are sought
or 180 days after expiration of
regulations. This report will:
(1) Summarize the activities
undertaken and the results reported in
all previous reports;
(2) Assess the impacts of launch
activities on pinnipeds within the
action area, including potential for pup
injury and mortality; and
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Fmt 4702
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(3) Assess the cumulative impacts on
pinnipeds and other marine mammals
from multiple rocket launches.
§ 217.76
Letter of Authorization.
(a) A Letter of Authorization, unless
suspended or revoked, will be valid for
a period of time specified in the Letter
of Authorization, but a Letter of
Authorization may not be valid beyond
the effective period of the regulations.
(b) A Letter of Authorization with a
period of validity less than the effective
period of the regulations in this subpart
may be renewed subject to renewal
conditions in this section.
(c) A Letter of Authorization will set
forth:
(1) The number of marine mammals,
by species and age class, authorized to
be taken;
(2) Permissible methods of incidental
taking;
(3) Specified geographical region;
(4) Means of effecting the least
practicable adverse impact on the
species of marine mammals authorized
for taking and its habitat; and
(5) Requirements for monitoring and
reporting incidental takes.
(d) Issuance of a Letter of
Authorization will be based on a
determination that the total taking by
the activity as a whole will have no
more than a negligible impact on the
affected species or stocks of marine
mammal(s).
(e) Notice of issuance or denial of a
Letter of Authorization will be
published in the Federal Register
within 30 days of a determination.
§ 217.77 Renewal of a Letter of
Authorization.
(a) A Letter of Authorization issued
under § 216.106 of this chapter and
§ 217.76 for the activity identified in
§ 217.70(a) will be renewed annually
upon:
(1) Notification to NMFS that the
activity described in the application for
a Letter of Authorization submitted
under § 217.76 will be undertaken and
that there will not be a substantial
modification to the described activity,
mitigation, or monitoring undertaken
during the upcoming season;
(2) Timely receipt of and acceptance
by NMFS of the monitoring reports
required under § 217.75;
(3) A determination by NMFS that the
mitigation, monitoring, and reporting
measures required under §§ 217.74 and
217.75 and the Letter of Authorization
were undertaken and will be undertaken
during the upcoming period of validity
of a renewed Letter of Authorization;
and
(4) A determination that the number
of marine mammals taken by the
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Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
activity will have no more than a
negligible impact on the affected species
or stocks of marine mammal(s), and that
the level of taking will be consistent
with the findings made for the total
taking allowable under these
regulations.
(b) If a request for a renewal of a
Letter of Authorization issued under
§§ 216.106 and 216.128 of this chapter
indicates that a substantial modification
to the described work, mitigation, or
monitoring undertaken during the
upcoming season will occur, NMFS will
provide the public a period of 30 days
to review and comment on the request.
Review and comment on renewals of
Letters of Authorization are restricted
to:
VerDate Mar<15>2010
16:52 Dec 22, 2010
Jkt 223001
(1) New cited information and data
indicating that the determinations made
in this document are in need of
reconsideration; and
(2) Proposed changes to the mitigation
and monitoring requirements contained
in these regulations or in the current
Letter of Authorization.
(c) A notice of issuance or denial of
a renewal of a Letter of Authorization
will be published in the Federal
Register within 30 days of a
determination.
§ 217.78 Modifications to a Letter of
Authorization.
(a) Except as provided in paragraph
(b) of this section, no substantive
modification (including withdrawal or
suspension) to a Letter of Authorization
issued pursuant to the provisions of this
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80785
subpart shall be made by NMFS until
after notification and an opportunity for
public comment has been provided. A
renewal of a Letter of Authorization
under § 217.77 without modification is
not considered a substantive
modification.
(b) If the Assistant Administrator
determines that an emergency exists
that poses a significant risk to the wellbeing of the species or stocks of marine
mammals specified in § 217.70(b), a
Letter of Authorization may be
substantively modified without prior
notification and an opportunity for
public comment. Notification will be
published in the Federal Register
within 30 days subsequent to the action.
[FR Doc. 2010–32343 Filed 12–22–10; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80773-80785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32343]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 217
[Docket No. 100806326-0374-01]
RIN 0648-AY99
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Space Vehicle and Missile Launch
Operations at Kodiak Launch Complex, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received an application, pursuant to the Marine
Mammal Protection Act (MMPA), from the Alaska Aerospace Corporation
(AAC) for authorization to take small numbers of marine mammals
incidental to launching space launch vehicles, long-range ballistic
target missiles, and other smaller missile systems at the Kodiak Launch
Complex (KLC) for the period of February 2011 through February 2016.
Pursuant to the MMPA, NMFS is requesting comments on its proposal to
issue regulations and subsequent Letters of Authorization (LOAs) to AAC
to incidentally harass Steller sea lions (Eumetopias jubatus) and
harbor seals (Phoca vitulina) during the specified activity.
DATES: Comments and information must be received no later than January
24, 2011.
ADDRESSES: You may submit comments, identified by 0648-AY99, by any one
of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: https://www.regulations.gov.
Hand delivery or mailing of paper, disk, or CD-ROM
comments should be addressed 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.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
A copy of the application containing a list of references used in this
document and Environmental Assessments (EAs) related to this action may
be obtained by writing to the above address, by telephoning the contact
listed under FOR FURTHER INFORMATION CONTACT, or on the Internet at:
https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Documents cited in this proposed rule may also be viewed, by
appointment, during regular business hours at the above address. To
help NMFS process and review comments more efficiently, please use only
one method to submit comments.
FOR FURTHER INFORMATION CONTACT: Michelle Magliocca, Office of
Protected Resources, NMFS, (301) 713-2289, ext 123.
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, a notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the identified species
or stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth in the regulations. 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.''
Except with respect to certain 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].
Summary of Request
On June 4, 2010, NMFS received a complete application for
regulations from AAC for the taking of small numbers of marine mammals
incidental to launching space launch vehicles, long-range ballistic
target missiles, and other smaller missile systems at the KLC. Noise
from space vehicles and missile launches may result in the behavioral
(Level B) harassment of hauled-out Steller sea lions and harbor seals
and injury (Level A harassment) or
[[Page 80774]]
mortality of harbor seal pups on Ugak Island. On January 19, 2006, NMFS
issued regulations and subsequent LOAs to AAC authorizing the taking of
marine mammals incidental to launches at KLC (71 FR 4297; January 26,
2006). Those regulations expire on February 28, 2011; hence, AAC has
applied for new regulations. The proposed regulations, if issued, would
be effective from March 1, 2011 through February 28, 2016.
Description of the Specified Activity
AAC conducts space vehicle and missile launches from the KLC. This
facility occupies 3,717 acres of state-owned lands on the Narrow Cape
Peninsula on the eastern side of Kodiak Island, Alaska, approximately
22 miles from the city of Kodiak. Ugak Island, which is used by Steller
sea lions and harbor seals, lies approximately 3-4 miles to the
southeast of the launch pads (see Figure 1 in application). The island
is about 2 miles long by about 1 mile wide. The land slopes steeply
upward from a spit on the island's northern most point, which is a
traditionally used Steller sea lion haulout (see Figures 4 and 5 in
application), to the southwest, culminating in cliffs that are
approximately 1,000 feet in elevation. These cliffs run the entire
length of the island's long axis. Eastward, the narrow Outer
Continental Shelf (OCS) ends about 20 miles offshore, where it plunges
precipitously to the North Pacific abyss. Near shore water depths to
the immediate south and west of the island range to several hundred
feet. Harbor seal haulouts are present mainly on Ugak Island's eastern
shores.
The area considered to be affected by KLC launch operations was
defined in a September 1996 meeting involving AAC and its environmental
consultant (University of Alaska Anchorage's Environment and Natural
Resources Institute), and government agencies represented by the
Federal Aviation Administration (FAA), NMFS, the U.S. Fish and Wildlife
Service (FWS), and the Alaska Department of Environmental Conservation
(ADEC). Attendees at that meeting reviewed information on the known
effects of rocket operations on the environment, and defined the
expected impact area to be within a 6-mile radius of the launch pad
area, including Ugak Island. There are several marine mammals present
in the waters offshore and on haulouts on Ugak Island, which lies about
3.5 miles distance from the launch pad area; however, the only marine
mammals anticipated to be affected by the specified activities are
pinnipeds hauled-out on nearby Ugak Island.
The KLC primarily supports launches of small to medium space launch
vehicles--which by definition are those used to boost satellites to
orbit--ranging in size from the small space-launch Castor 120 motor
(used in the Athena, Minotaur IV, Minotaur V, and Taurus I systems) to
the under-development medium-lift Taurus II. The KLC is also configured
to support launch of the Minuteman I-derived Minotaur I Space Launch
System, and to support launch of long-range ballistic systems such as
the Polaris derived A-3 STARS, the Minuteman-derived Minotaur II and
III, and the C-4. Representative target vehicles that might be flown
from KLC range in size from modified C-4 Trident I vehicles, which have
a range measured in thousands of miles, down to small vehicles built up
from modified second or third stage components of larger missile
systems, which have much shorter ranges. The Quick Reaction Launch
Vehicle (QRLV) family serves as an example of vehicles flown from KLC,
being built around second stage motors used in the Minuteman I.
Tactical missiles, such as the Patriot and Theater High Altitude Area
Defense (THAAD) might also be flown from KLC, as well as very small
sounding rockets.
Launches may occur day or night. The number of launches of space
launch vehicles and ballistic target vehicles from KLC is variable.
Launch planning is a dynamic process, and launch delays, which can last
from hours to more than a year, can and do occur. Launch delays occur
due to variables ranging from technical issues to adverse weather. The
AAC anticipates the KLC can accommodate up to 45 launches, in total,
for the effective period of the proposed regulations. Annually, an
average of nine but maximum of twelve launches may occur. Most of these
vehicles are expected to be of the Minotaur I through V class,
including civil versions of the Castor 120 known as the Athena and
Taurus I or smaller target vehicles. AAC estimates that of the 45
estimated launches from KLC over the five-year period in consideration,
32 will be of small space-launch and target vehicles of the Castor 120
or smaller size, 10 will be of THAAD or smaller size, and three will be
of the medium-lift Taurus II. A description of each class of space
launch and smaller launch vehicles are provided in the application and
summarized here.
Castor 120
The Castor 120 is the largest (and loudest) vehicle motor used to
launch systems into space from the KLC. The Castor 120 uses solid fuel
and produces about 371,000 pounds of thrust. The motor mass is about
116,000 pounds and the motor is 347 inches long and 93 inches wide.
Modeling shows the rocket is about 8 miles above the earth's surface
when it overflies Ugak Island, and that the sonic boom reaches earth
between 21 to 35 miles down range, which is past the OCS break and over
the North Pacific abyss (US FAA 1996). Sound pressure levels from the
Castor 120 measured at the traditional Steller sea lion haulout
(located on the northern spit of Ugak Island) were 101.4 dBA (SEL)
(Table 1). This location is 3.5 miles away from the launch pad. None of
the vehicles expected to be flown from KLC over the five-year period
covered by the proposed regulations are anticipated to produce higher
sound pressures than the Castor 120.
Taurus II
The Taurus II is an under development, medium class launch vehicle
similar in size and capability to the Delta II, which is being
withdrawn from service. The U.S. Air Force reports that sound pressures
of the Delta II were slightly less than those from the Taurus I (Castor
120) as measured from the same point (USAF 2008), thus the anticipated
sound pressure from the very similar Taurus II at the traditional
Steller sea lion haulout on Ugak Island is likely to be at or somewhat
less than the 101.4 dBA (SEL) recorded for the Castor 120.
Minotaur I
The Minotaur I is a small lift solid propellant space launch
vehicle, the first stage of which is a modified Minuteman II first
stage. The first stage motor has a diameter of 4.5 feet. This launch
vehicle has not yet been flown from KLC. Sound pressure monitoring of
two Minotaur I launches was accomplished at Vandenberg Air Force Base,
California (VAFB). The data were collected 1.4 miles away from the
launch point and show sound pressure levels of 104.9 to 107.0 dBA (SEL)
at that distance. Sound energy at sea level decreases with the square
of the distance, and given that the traditional Steller sea lion
haulout on Ugak Island is 2 miles farther away (i.e. the haulout is 3.5
miles from the launch point), AAC anticipates sound pressure levels
from a Minotaur I at the Ugak Island traditional haulout would range in
the low 90s dBA (SEL).
C-4 Trident
The C-4 Trident I is a solid-fueled vehicle and its first stage has
a diameter of 6.1 feet, which is about 1.5 feet less than the Castor
120. The system's range
[[Page 80775]]
is around 4,000 miles. It has never been flown from KLC, but given it
is significantly smaller in diameter than the Castor 120 and uses a
similar fuel, it is anticipated that sound pressure levels at the
traditional Steller sea lion haulout would be less than those of the
Castor 120. NMFS is not aware of any available data on sound pressure
for the C-4 Trident.
STARS
The Strategic Target System (STARS) utilizes the first stage of the
Polaris A-3, which is solid fueled and measures 4.5 feet in diameter.
Several STARS systems have been flown from KLC. Recorded sound pressure
levels at Ugak Island have ranged from 90.2 to 91.4 dBA (SEL).
Smaller Target and Tactical Rocket Systems
A number of smaller tactical missile systems, such as the Patriot
and Theater High Altitude Area Defense (THAAD), might also be flown
from KLC, as might very small sounding rockets. Sound pressures from
these smaller systems are not available, but will be substantially less
than those from the space launch and ballistic vehicles described above
and pose no potential for disturbance to marine mammals.
Launch Noise
Launch operations are a major source of noise on Kodiak Island, as
the operation of launch vehicle engines produce substantial sound
pressures. In air, all pressures are referenced to 20 micoPascals;
therefore all dB levels in this notice are provided re: 20 microPa,
unless otherwise noted. Generally, four types of noise occur during a
launch: (1) Combustion noise; (2) jet noise from interaction of
combustion exhaust gases with the atmosphere; (3) combustion noise
proper; and (4) sonic booms. Sonic booms are not a concern for
pinnipeds on Ugak Island, as sonic booms created by ascending rockets
launched from KLC reach the Earth's surface over deep ocean, well past
the edge of the OCS (FAA 1996). Spent first stage motors from space
lift missions (i.e. those going to orbit) fall to Earth 11 to more than
300 miles down range (well past the edge of the OCS, depending on
launch vehicle (US FAA 1996). In accordance with Federal Aviation
Administration (FAA), Office of Associate Administrator for Commercial
Space Transportation (AST), and with the facility's Environmental
Assessment (EA) and stipulations in the EA's Finding of No Significant
Impact (FONSI) (see 61 FR 32884, June 25, 1996), launch noise from
various systems were measured on Ugak Island. In addition, a Natural
Resource Management Plan (NRMP) was developed in coordination with NMFS
to address monitoring and mitigation activities for protected species
in the area and compare anticipated sound pressure levels from KLC
launches with documented marine mammal disturbance responses to such
noise. Motor diameters and representative sound pressures for various
launch vehicles previously launched from KLC are presented in Table 1.
A complete description of how and when these measurements were taken is
described in NMFS' final rule for AAC's current regulations (71 FR
4297; January 26, 2006). The vehicles listed in Table 1 include various
ballistic launch vehicles and the small-lift Castor 120 space launch
vehicle, as well as smaller target/interceptor systems and tactical
rocket systems. All KLC sound measurements reported in Table 1 were
taken on Ugak Island. The Castor 120 would be the loudest space vehicle
motor used during launches at the KLC. Copies of the NRMP referred to
above may be obtained online at https://www.nmfs.noaa.gov/pr/permits/incidental.htm and from the contacts in ADDRESSES, above.
Table 1--Recorded Sound Pressure Levels at Ugak Rock Haulout During Previously Launched Space Vehicles and Size of Potentially Launched Space Vehicles
(for Comparative Purposes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Motor
Launch designator Launch vehicle Date Distance to haulout diameter SEL (dBA) Lmax (dBA) LPeak
(feet)\1\ (dCBA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Previously Launched & Recorded at KLC
--------------------------------------------------------------------------------------------------------------------------------------------------------
ait-1............................... QRLV................... 11/5/98 3.5 miles \2\........... 4.3 88.4 78.2 97.0
ait-2............................... QRLV................... 9/15/99 3.5 miles \2\........... 4.3 92.2 81.5 101.5
QRLV................................ QRLV................... 3/22/01 3.5 miles \2\........... 4.3 80.3 73.3 87.2
Athena.............................. Castor 120............. 9/29/01 3.5 miles \2\........... 7.75 101.4 90.8 115.9
FT-04-1............................. Polaris A-3 STARS...... 2/23/06 4.1 miles \3\........... 4.5 92.3 86.0 109.0
FTG-02.............................. Polaris A-3 STARS...... 9/01/06 4.1 miles \3\........... 4.5 90.1 83.1 105.6
FTG-03a............................. Polaris A-3 STARS...... 9/28/07 4.5 miles \4\........... 4.5 91.4 84.2 107.3
FTX-03.............................. Polaris A-3 STARS...... 7/18/08 4.5 miles \4\........... 4.5 89.6 83.0 108.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potentially Launched in Future
--------------------------------------------------------------------------------------------------------------------------------------------------------
Taurus II.............. ........... ........................ ........... \5\ <101.4 ........... ...........
Minotaur I............. ........... ........................ 4.5 \5\ 90+ ........... ...........
C-4 Trident I.......... ........... ........................ 6.1 ........... ........... ...........
Castor I............... ........... ........................ 2.6 ........... ........... ...........
SR19/SR773............. ........... ........................ 4.3 ........... ........... ...........
SR19/SR19.............. ........... ........................ 4.3 ........... ........... ...........
Castor IVB............. ........... ........................ 3.3 ........... ........... ...........
Patriot................ ........... ........................ 1.3 ........... ........... ...........
THAAD.................. ........... ........................ 1.25 ........... ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Motor sound pressures from solid fueled motors are directly correlated to motor diameter.
\2\ Traditionally used Steller sea lion seasonal haulout; use has declined significantly in recent times.
\3\ Alternate Steller sea lion haulout, a tidally exposed small rock located midway between the traditional haulout and the northeastern most cape of
Ugak Island.
\4\ Second alternate Steller sea lion haulout located on the northeastern most cape of Ugak Island.
\5\ Estimated.
[[Page 80776]]
Another component of the AAC's launches includes security
overflights. In the days preceding the launch, these occur
approximately 3 times per day based on the long-term average. Flights
associated with the launch will not approach occupied pinniped haulouts
on Ugak Island by closer than 0.25 mile (0.4 km), and will maintain a
vertical distance of 1,000 ft (305 m) from the haulouts when within 0.5
miles (0.8 km), unless indications of human presence or activity
warrant closer inspection of the area to assure that national security
interests are protected in accordance with law. Over the operational
history of these flights, aircraft have been operated within the 0.25
mile limit on two occasions; both involved direct overflight of the
Steller sea lion haulout spit, which was unoccupied each time the
incursions occurred.
Description of Marine Mammals in the Area of the Specified Activity
AAC's current MMPA regulations (71 FR 4297), which are set to
expire February 28, 2011, require aerial surveys be conducted before
and after each launch to monitor for presence and abundance of marine
mammals within the designated 6 mile action area. In compliance with
these conditions, the AAC has completed these surveys since 2006.
Aerial survey data indicate that Steller sea lions, harbor seals, gray
whales (Eschrichtius robustus), humpback whales (Megaptera
novaeangliae), and sea otters (Enhydra lutris) occur within the action
area. Although potentially present, cetaceans within the action area
are not expected to be taken during the specified activities. Airborne
noise is generally reflected at the sea surface outside of a 26[deg]
cone extending downward from the ascending rocket (Richardson et al.
1995); therefore, little sound energy passes into the sea across the
air-water boundary. Submerged animals would have to be directly
underneath the rocket to hear it, and given the hypersonic velocity of
launch vehicles in the atmosphere, the duration of sounds reaching any
cetacean would be discountable. In addition, all spent rocket motors
will fall into the open ocean over deep water. Given the very short
time a cetacean is at the surface, direct impact from spent motors can
be discounted as can any noise related impacts. Based on these reasons,
NMFS does not anticipate take of cetaceans incidental to the specified
activity; hence, they will not be discussed further. Sea otters are
managed by the U.S. Fish and Wildlife Service; therefore no take of sea
otters is included in the proposed regulations. As such, this species
is not discussed further in this proposed rule.
Steller Sea Lion
Steller sea lions are designated into two stocks by NMFS. Those
west of 144[deg] longitude, which includes the KLC area, are listed as
endangered under the ESA. Historically, mature and sub-adult males have
used a spit on the northwestern side of Ugak Island as a post-breeding
haulout. This spit is located 3.5 miles from the launch pad complex
(see figure 4 and 5 in the application). The historic occupancy period
ranges from June to September (post breeding), with peak reported
numbers in the hundreds (Sease 1997; ENRI 1995-1998). However, use has
declined in recent times in keeping with general declines seen in the
species as a whole. The spit is designated a long-term trend count site
by NMFS and has been surveyed once yearly, with June as the target,
since the 1990s. Counts since 2000 have generally been zero (e.g.,
NMFS, 2009; Fritz and Stinchcomb, 2005), which is in line with the
counts from all other long-term trend count sites in the Kodiak
Archipelago over the same time period. All of these other long-term
trend sites are far removed from the 6 mile radius anticipated impact
area up range from KLC (i.e. areas opposite to the flight path), in
areas not exposed to launch noise. Hence, Steller sea lion abundance
has declined throughout the region, not just the area affected by
launches, and the losses are likely not a result of or connected with
the launches or use of KLC.
Data from AAC's aerial surveys over the past four years also
support low use of the haulout. Since 1999, five launches have occurred
during the Steller sea lion season. The spit haulout has not been used
by Steller sea lions during launch-monitoring surveys since 1999 (ENRI,
2000, R&M, 2007a,b, 2008); however one to several Stellar sea lions
have been observed from time-to-time during recent launch surveys
utilizing a supratidal rock on eastern Ugak Island (termed East Ugak
Rock) as a haulout. Tables 2 and 4 in the application provide a
breakdown of survey results per day. In summary, two to eight sea lions
were observed per day on East Ugak Rock during surveys for the FTG-02
launch (R&M, 2006b) and one to five (per day) were observed during the
FTX-03 launch (R&M, 2008). In addition, during one aerial survey that
was completed outside the June-September timeframe (during the FTG-05
campaign in December 2008), a single Stellar sea lion was observed on
East Ugak Rock. Eastern Ugak Rock is located farther east and to the
south of the KLC than Ugak Island; therefore, one can assume launch
generated sound levels here are less than those at Ugak Island.
Harbor Seals
Harbor seals are the most abundant marine mammal species found
within the action area. Harbor seals are not listed as threatened or
endangered under the ESA or as depleted under the MMPA. Based on AAC
aerial survey counts from launch monitoring reports conducted since
January 2006, approximately 97% of all harbor seals are found on the
eastern shore of Ugak Island, approximately 5 miles from the launch pad
complex. The eastern shore is backed by high steep cliffs that reach up
to 1,000 feet above sea level. These cliffs form a visual and acoustic
barrier to rocket operations, and limit effects on the species. This
conclusion is based on review of sound pressure recordings made at the
haulout spit found on the island's northwestern shore, which showed
surf and wind-generated sound pressures at sea level were generally in
the >70 dBA (SEL) range on the clearest days (Cuccarese et al. 1999,
2000). During inclement weather periods ambient sound pressures at sea
level can exceed 100 dBA (SEL). The island's eastern shore is windward
to prevailing winds and surf noise is routinely high. Harbor seals
located on Ugak Island's northern shore are not as protected from
launch noise, and therefore may be harassed incidental to AAC's
specified activity. However, harbor seal abundance on the northern
shores is limited due to the lack of suitable habitat (i.e., few
beaches). During 30 aerial surveys conducted by AAC during six rocket
launches from 2006-2008, no seals were observed on North Ugak Island on
19 occasions. On surveys when seals were present, average abundance was
25 with a single day count of 125 individuals.
Because physical access to Ugak Island harbor seal haulouts is
difficult and dangerous, the only abundance and behavior data of these
seals have been derived from aerial surveys conducted by AAC. Harbor
seals generally breed and molt where they haulout, so it is assumed
that both of these activities take place on Ugak Island, and young
seals have routinely been seen there during launch-related aerial
surveys. Pupping in Alaska takes place generally in the May-June time
frame; molting occurs generally from June to October. Both periods
contain peaks in haulout attendance. Total counts on Ugak Island have
increased steadily since the 1990s
[[Page 80777]]
from several hundred (ENRI 1995-1998) up to a peak of about 1,500 today
(R&M 2007a, 2007b, 2008, 2009).
Potential Effects on Marine Mammals
As discussed above, launch operations are a major source of noise
on Kodiak Island and can reach Steller sea lion and harbor seal
haulouts and rookeries on Ugak Island. Marine mammals produce sounds in
various contexts and use sound for various biological functions
including, but not limited to (1) Social interactions; (2) foraging;
(3) orientation; and (4) predator detection. Interference with
producing or receiving these sounds may result in adverse impacts.
Audible distance, or received levels (RLs) will depend on the nature of
the sound source, ambient noise conditions, and the sensitivity of the
receptor to the sound (Richardson et al., 1995). Type and significance
of marine mammal reactions to noise are likely to be dependent on a
variety of factors including, but not limited to, the behavioral state
(e.g., resting, socializing, etc.) of the animal at the time it
receives the stimulus, frequency of the sound, distance from the
source, and the level of the sound relative to ambient conditions
(Southall et al., 2007). In general, marine mammal impacts from loud
noise can be characterized as auditory and non-auditory.
Potential Auditory Impacts
Auditory impacts consist of injurious (e.g., ruptured ear drums,
permanent threshold shift [PTS]) or non-injurious (e.g., temporary
threshold shift [TTS]) effects. There are no empirical data for onset
of PTS in any marine mammal; therefore, PTS-onset must be estimated
from TTS-onset measurements and from the rate of TTS growth with
increasing exposure levels above the level eliciting TTS-onset. PTS is
presumed to be likely if the hearing threshold is reduced by >= 40 dB
(i.e., 40 dB of TTS).
Given the distance from the pad area to Ugak Island and the
measured sound levels from the Castor 120 (101.4 dB), for the loudest
space vehicle used at the KLC, pinniped auditory injury is not
anticipated. To further justify that the potential for PTS does not
exist, we examined Auditory Brainstem Response (ABR) testing on 18
seals during rocket launches at Vandenberg Air Force Base. Rocket
launches at VAFB create sonic booms over pinniped haulouts; therefore,
noise from these launches are much louder than what would be audible at
haulouts on Ugak Island (sonic booms are not audible from Ugak Island).
These experiments are described in detail in NMFS' 2009 EA on the
Issuance of Regulations to Take Marine Mammals by Harassment Incidental
to Space Vehicle and Test Flight Activities from Vandenberg Air Force
Base, California. In summary, ABR testing on harbor seals was conducted
after one Delta IV launch in 2006. During this launch the digital audio
tape (DAT) recorder was located at the VAFB Boathouse (near where the
harbor seal hearing tests were performed). The DAT measured the
unweighted SEL at 131.3 dB, the C-weighted SEL at 127.5 dB, and the A-
weighted SEL at 111.3 dB. The Lmax was measured at 102.6 dB (Thorson et
al., 2007). Harbor seal ABR results concluded that there was no
evidence that the launch noise from the Delta IV launch, which has an
associated sonic boom, caused a loss in harbor seal hearing acuity.
Therefore, PTS is not a concern for pinnipeds exposed to launch noise
from the KLC as noise levels at this location are below those
experienced during the Delta IV launch, and sonic booms are not audible
on Ugak Island.
Regarding TTS, although hearing sensitivity was not apparently
affected during the ABR testing, that is not to say that TTS did not
occur, as seals were tested approximately 2 hours after launch, not
immediately following the launch. However, if TTS did occur, hearing
was fully recovered within 2 hours. In conclusion, NMFS has
preliminarily determined PTS would not occur in pinnipeds on Ugak
Island and TTS, although unlikely, may occur. If pinnipeds on Ugak
Island experience TTS, full-hearing recovery is expected shortly after
exposure.
Potential Behavioral Impacts
To comply with their current regulations, AAC attempted to collect
video footage of pinnipeds during launches; however, weather,
technical, and accessibility issues prevented video from being
obtained. Therefore, no immediate responses of pinnipeds to AAC launch
noise have been documented. However, as discussed above, VAFB
researchers have been investigating the short and long-term effects of
space vehicle launch noise and sonic booms on pinnipeds. As described
in NMFS' 2009 EA, the percentage of seals that left the haul-out
increased as noise level increased up to approximately 100 decibels
(dB) A-weighted SEL, after which almost all seals leave, although
recent data have shown that an increasing percentage of seals have
remained on shore. Using time-lapse video photography, VAFB discovered
that during four launch events, the seals that reacted but remained on
the haulout were all adults. VAFB theorized that adult seals may have
habituated to launch stimuli more so than less-experienced younger
seals; hence the less-severe reactions.
VAFB researchers also found that the louder the launch noise, the
longer it took for seals to begin returning to the haul-out site and
for the numbers to return to pre-launch levels. In two past Athena
IKONOS launches with A-weighted SELs of 107.3 and 107.8 dB at the
closest haul out site, seals began to haul-out again approximately 16
to 55 minutes post-launch (Thorson et al., 1999a; 1999b). During
several Titan II launches, where A-weighted sound exposure levels
ranged from 86.7 to 95.7 dBA, seals began to return to that haulout
site within 2 to 8 minutes post-launch (Thorson and Francine, 1997;
Thorson et al., 2000). Based on VAFB observational data and the loudest
measured sound pressure level recorded on Ugak Island (approximately
101.4 dBA), NMFS anticipates that if seals and sea lions are disturbed,
they may begin to return to haulout sites on Ugak Island within 2 to 55
minutes of the launch disturbance.
The behavioral data record for Steller sea lions is small
throughout the North Pacific range and typically is focused on
reproductive behaviors. In general, studies have shown that responses
of pinnipeds on beaches to acoustic disturbance arising from rocket and
target missile launches are highly variable. This variability may be
due to many factors, including species, age class, and time of year.
Porter (1997) observed Steller sea lions fleeing into the water for a
wide variety of reasons such as helicopter overflights, bird flybys,
and the presence of nearby humans. He also noted sea lion stampedes
into the water that could not be correlated with any observed stimulus.
There is also evidence that both time of day and air temperature alter
the probability of entry into the water (animals are more likely to
enter the water when already overheated) (Bowles, 2000). Steller sea
lions have been seen to mill about just offshore with their heads up in
a heightened state of watchfulness (Porter, 1997) and remain close to
the haulout until they sense it is safe to go back ashore (Lockheed
Martin Environmental Services, 1999).
The infrequent (approximately nine times per year) and brief (no
more than 1 minute as heard from Ugak Island) nature of these sounds
that would result from a rocket launch is not expected to alter the
population dynamics of Steller sea lions or harbor seals which utilize
[[Page 80778]]
Ugak Island as a haulout site. Current harbor seal numbers on Ugak
Island total around 1,500 (R&M 2009), which is an increase of about
1,100 since the 1990s (ENRI 1995-1998); therefore, population dynamics
of harbor seals have also not been negatively impacted from past
launches originating from KLC. Steller sea lion numbers have decreased
on Ugak Island; however, this decline mimics that seen at all other
long-term trend sites in the Kodiak Archipelago. AAC has only launched
no more than two rockets per year during the Steller sea lion season,
annually; and thus, it is highly unlikely that AAC launches are the
cause of this phenomenon, which is more likely related to overall
population decline or prey resource availability.
If launches occur during the harbor seal pupping period and harbor
seals have also chosen to pup on the north beach, it is possible that
harbor seal pups could be injured or killed as a result of the adults
flushing in response to the rocket noise, or the mother/pup bond could
be permanently broken. However, NMFS does not expect harbor seal pup
injury and mortality to occur to a great degree. Harbor seal pups are
extremely precocious, swimming and diving immediately after birth and
throughout the lactation period, unlike most other phocids which
normally enter the sea only after weaning (Lawson and Renouff, 1985;
Cottrell et al., 2002; Burns et al., 2005). NMFS recognizes the
critical bonding time needed between a harbor seal mother and her pup
to ensure pup survival and maximize pup health. Harbor seals pups are
weened from their mother within approximately 4 weeks; however, the
most critical bonding time is immediately (minutes) after birth. Lawson
and Renouf (1987) conducted an in-depth study to investigate harbor
seal mother/pup bonds in response to natural and anthropogenic
disturbance. In summary, they found that a mutual bond is developed
within 5 minutes of birth, and both the mother and pup play a role in
maintaining contact with each other. The study showed a bilateral bond,
both on land and in the water, and that mothers would often wait for or
return to a pup if it did not follow her. Pups would follow or not move
away from their mother as she approached. Most notably, mothers
demonstrated overt attention to their pups while in the water and
during times of disturbance on the nursery. Increased involvement by
the mothers in keeping the pairs together during disturbances became
obvious as they would wait for, or return to, their young if the pups
fell behind.
In additional to incidental harassment, harbor seal pups have been
the subject of numerous research studies resulting in direct,
intentional harassment. Research activities often include capture and
handling of very young pups and separating pups from their mothers for
short periods of time. Scientists report they have disturbed seals
during capture, then left the area within approximately 1 hour. Seals
return to the haulout site within minutes of the scientists leaving the
beach (J. Harvey to M. DeAngelis, pers. comm., Jan. 12), further
demonstrating harbor seal pup resilience to disturbance. Given that
pups are precocious at birth, bonds between mothers and pups are known
to form within minutes of birth, and other characteristics of mother/
pup bonding described above, NMFS has preliminarily determined that
Level A harassment or mortality may not occur due to the pups
precociousness and the early bond formed between mothers and pups;
however, it cannot be discounted. Therefore, NMFS is proposing to
authorize Level A harassment and mortality for harbor seal pups.
Steller sea lion pup injury or mortality is not a concern as no pupping
for this species occurs within the action area.
Finally, KLC conducts approximately three security overflights per
day in the days preceding a launch. Several studies of both harbor
seals and Steller sea lions cited in Richardson et al. (2005), suggest
that these animals respond significantly less to overflights of both
planes and helicopters that occur above 305 m (0.2 mi). NMFS does not
anticipate harassment from overflights to occur as they generally would
remain at least 0.25 miles from a haulout; however, if pilot or crew
notice overt responses from pinnipeds (e.g., flushing) to aircraft,
this would be noted and reported to NMFS in the flight report.
Observations made of any animals displaced by a security overflight are
reported to the environmental monitoring team for inclusion in their
report of monitoring results.
Anticipated Effects on Habitat
Solid fuel rocket boosters would fall into the ocean away from any
known or potential haulouts. All sonic booms that reach the earth's
surface would be expected to occur over open ocean beyond the outer
continental shelf. Airborne launch sounds would mostly reflect or
refract from the water surface and, except for sounds within a cone of
approximately 26 degrees directly below the launch vehicle, would not
penetrate into the water column. The sounds that would penetrate would
not persist in the water for more than a few seconds. Overall, rocket
launch activities from KLC would not be expected to cause any impacts
to habitats used by marine mammals, including pinniped haulouts, or to
their food sources.
Proposed Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(A) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
such species or stock for taking for certain subsistence uses.
To minimize impacts on pinnipeds at haulout sites, the AAC has
proposed, as part of their specified activities, the following
mitigation measures: (1) Security overflights immediately associated
with the launch would not approach occupied pinniped haulouts on Ugak
Island by closer than 0.25 mile (0.4 km), and would maintain a vertical
distance of 1,000 ft (305 m) from the haulouts when within 0.5 miles
(0.8 km), unless indications of human presence or activity warrant
closer inspection of the area to assure that national security
interests are protected in accordance with law; (2) AAC would avoid
launches during the harbor seal pupping season (May 15-June 30), unless
constrained by factors including, but not limited to, human safety and
national security; and (3) if launch monitoring or quarterly aerial
surveys indicate that the distribution, size, or productivity of the
potentially affected pinniped populations has been affected due to the
specified activity, the launch procedures and the monitoring methods
would be reviewed, in cooperation with NMFS, and, if necessary,
appropriate changes may be made through modifications to a given LOA,
prior to conducting the next launch of the same vehicle under that LOA.
NMFS has carefully evaluated the applicant's proposed mitigation
measures and considered a range of other measures in the context of
ensuring that NMFS prescribes the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another: (1)
The manner and the degree to which the successful implementation
[[Page 80779]]
of the measure is expected to minimize adverse impacts to marine
mammals; (2) the proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and (3) the practicability of the
measure for applicant implementation, including consideration of
personnel safety, and practicality of implementation. The proposed
mitigation measures take scientific studies (Richardson et al., 2005)
of overflight effects on pinnipeds into consideration. By avoiding
launches during the harbor seal pupping season, AAC would subsequently
be avoiding all Level A harassment and mortality. Lastly, the adaptive
nature of the proposed mitigation measures allow for adjustments to be
made if launch monitoring or quarterly aerial surveys indicate that
impacts to the distribution, size, or productivity of pinniped
populations are occurring.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS or recommended by the public
in the prior rulemaking, NMFS has preliminarily determined that the
proposed mitigation measures provide the means of effecting the least
practicable adverse impacts on marine mammals species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance.
Proposed Monitoring and Reporting
In order to issue an ITA for an activity, Section 101(a)(5)(A) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for ITAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present.
AAC proposes to purchase and place one remote live streaming video
system overlooking one of the harbor seal haulouts on the eastern side
of Ugak Island for the first five launches conducted under these
regulations to verify the assumption that seals on the eastern side of
the island are not affected by launches. Although animals on the
northern shore are more likely to be affected by the action, this area
is predominantly a rocky reef tidal area where seals haulout
opportunistically, either singly or in small numbers on exposed rocks.
There is more confidence seals will be visible and able to be monitored
on the eastern side of the island. After five launches, AAC and NMFS
will reassess the efficiency of the camera system and possibly move it
to another location (e.g., the traditional Steller sea lion haulout).
The selected haulout would be viewed either in real time or via
``tape'' delay for six days using the following schedule where day
length permits. The six-day schedule would be roughly centered on the
day of launch, with launch day being day three of the monitoring
schedule. The video stream would be viewed by professional biologists
for 4 hours each day with monitoring centered on the time of launch on
launch day, and on low tide on the other days. Detailed information on
when monitoring would occur around a launch is provided in AAC's
application. Data collected from the live stream video would include
number of animals observed, by age and sex class when possible,
behavior (e.g., resting), animal response to launches, and re-
occupation time if disturbed.
The video system was developed, tested, and first put into service
in Alaska, and has proven itself over many years of operation both in
Alaska and around the world. The video system is all weather proven and
autonomous, drawing energy from a combination of wind and solar
generators. It features a camera that includes a lens that can be
focused (zoom and pan) on command and provides live-streaming video
that can be made available through internet access to interested
researchers in real time.
AAC would also carry out quarterly aerial surveys to determine
long-term trend counts of the Steller sea lion and harbor seals within
the action area. Surveys would be flown midday and centered around low
tide for optimal seal counts. The aircraft would survey from a distance
appropriate to count seals or sea lions, but far enough away to
minimize harassment. Data collected would include number of seals or
sea lions per haulout, by age class when possible, and if any
disturbance behavior is noted from aircraft presence.
In addition to visual monitoring, whenever a new class of rocket is
flown from the KLC, a real time sound pressure record would be obtained
for documentation purposes and correlated with the behavioral response
record. Two sound pressure monitors would be used: One would be placed
at the established sound pressure recording location known as Narrow
Cape and the other as close as practical to the remote video system.
Estimated Take by Incidental Harassment
Except with respect to certain 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].
As described above, Steller sea lions hauled out on Ugak Island may
become alert or flush into the water in response to launch noise. Sound
exposure levels from the loudest launch may reach approximately 101.4
dBA at the traditional Steller sea lion haulout. Based on this recorded
level and the fact that audible launch noise would be very short in
duration, sea lions are not expected to incur PTS, and the chance of
TTS is unlikely. No injury or mortality of Stellar sea lions is
anticipated, nor would any be authorized. Therefore, NMFS proposes to
authorize Steller sea lion take, by Level B harassment only, incidental
to launches from KLC.
Harbor seals of all age classes hauled out on the northern side of
Ugak Island would likely react in a similar manner as Steller sea lions
(and may become alert or flush into the water) to launches from KLC.
Therefore, harbor seals may be taken by Level B harassment incidental
to rocket launch noise. However, during the pupping season (May 15-June
30), pups may also be injured, killed, or separated from their mother
during a flushing event. Therefore, AAC has requested, and NMFS
proposes, to authorize Level A harassment and mortality of harbor seal
pups.
As discussed above, security overflights associated with a launch
would not closely approach or circle any sea lion or seal haulout site.
Therefore, incidental take from this activity is not anticipated.
Should the pilot or crew on the plane observe pinnipeds reacting to
their presence, the plane would increase altitude and note the number
of animals reacting to the plane. These data would be included in AAC's
final marine mammal report.
AAC estimates that up to 45 launches may occur from KLC over the
course of the 5-year period covered by the proposed rulemaking.
Annually, AAC estimates an average of nine launches would occur. Most
of these vehicles are expected to be of the Minotaur I through
[[Page 80780]]
V class, including civil versions of the Castor 120 known as the Athena
and Taurus I or smaller target vehicles. AAC estimates that no more
than one launch would occur over a 4-week period, and it is likely the
frequency of launches would be less than this estimate.
Based on aerial survey data, AAC estimates a maximum of ten Steller
sea lions could be present during launches occurring during the Steller
sea lion season (the maximum number of animals sighted during a survey
has been eight). Any sea lions present during the launches would be
adult or juvenile males; therefore, no reproductive processes or
pupping would be affected by the specified activities. Assuming that
all nine launches (the average number of launches predicted by AAC)
occur during the Steller sea lion season, that all nine launches
involve the Castor 120 (the loudest vehicle expected to be flown from
KLC over the period to be covered by the proposed regulations), and
that there is no habituation to rocket motor effects with experience,
then up to 90 takes by harassment could occur per year (ten animals/
launch x nine launches). However, it is more reasonable to assume that
a maximum of four launches per year could occur during the 2-month
Steller sea lion season, and that no more than eight Stellers would be
present at any given time (the maximum number recorded). Therefore,
NMFS is proposing to authorize the take, by Level B harassment, of 32
Steller sea lions per year (eight animals x four launches).
The total number of harbor seals present on Ugak Island ranges up
to about 1,500, most of which are found on the island's eastern shore
where they are sheltered from launch effects by the 1,000-foot tall
cliffs that stand between their haulouts and KLC. Relatively few harbor
seals use haulouts on the northern side of the island across from KLC
due to the lack of suitable beaches. No seals were observed on northern
haulouts, which consist primarily of isolated rocks, during 19 of 30
marine mammal surveys flown by AAC from 2006-2008. When present, the
majority of counts on northern haulouts were of fewer than 25
individuals; however, a one-time high count of about 125 animals on
these rocks has been made. Using the conservative and rare high number
of 125 as being a representative figure, AAC estimates that up to 125
individuals might be taken per launch operation. Therefore, AAC has
requested, and NMFS proposes to authorize 1,125 harbor seal (125 seals/
launch x nine launches/year) takes during launch operations.
The actual number of pups taken by Level A harassment or mortality
is difficult to quantify, as age class was not identified during AAC's
previous monitoring efforts (age class distinction would occur under
the proposed monitoring and reporting requirements). Given that seals
do not use the northern haulouts in large numbers (as compared to the
protected eastern haulouts), the number of pups on the area of the
island exposed to launch noise is likely low. Actual numbers will
likely be smaller given the low and variable use of the area by harbor
seals. NMFS consulted with Ms. Kate Wynne, a marine mammal specialist
with the Alaska Sea Grant Marine Advisory Program, who has previously
flown aerial surveys within the action area. Her data, from the early
1990s, indicate that pup counts on the northern side of Ugak Island
averaged approximately 17. Although this data is not recent, it is the
best available. NMFS does not anticipate that all pups on a haulout
would be injured or killed during a launch and, in fact, many may not
be taken by Level A harassment or mortality. However, in the unlikely
event injury or mortality occurs, NMFS proposes to authorize 17 harbor
seal pup takes by Level A harassment or mortality, annually, incidental
to AAC's activities.
Previous Activities and Monitoring
As discussed above, under AAC's current regulations (valid February
27, 2006 through February 28, 2011) and annual LOAs, AAC has been
conducting marine mammal monitoring within the action area before and
after launch events to satisfy the monitoring requirements set forth in
MMPA authorizations. The objective of monitoring Steller sea lions and
Pacific harbor seals is to detect any indications of pinniped
disturbance, injury, or mortality resulting from KLC rocket launches at
the Ugak Island haulout site. Monitoring requirements included: (1)
Conducting fixed-wing aerial surveys at least one day prior to,
immediately after, and three days post any launches taking place from
June 15 through September 30, weather permitting; (2) installing a
remote custom-designed, closed-circuit, weatherproof, time-lapse video
camera system at the base of the traditional Steller sea lion haulout
before any launch occurring from June 15 through September 30; and (3)
making an attempt to place a video camera with zoom lens on the
accessible western end of the north-facing shore to record harbor seal
behavior on the middle or eastern end of the shore, or on the rocks
offshore (recall that the eastern side of Ugak Island--where the
majority of seals are--is completely inaccessible to pedestrian or boat
traffic due to the high cliffs and violent surf).
The regulations also contained noise monitoring requirements;
however, these data are discussed in the Specified Activity section
above. AAC complied with the noise monitoring conditions contained
within the regulations and annual LOAs.
Since 2006, AAC has conducted five launches from the KLC. AAC did
not exceed the number of launches allocated in their regulations during
the Steller sea lion or harbor seal pupping season in any given year.
The dates and types of launches and types of monitoring conducted are
provided in Table 2. Only one launch has occurred during the harbor
seal pupping season. No launches occurred in 2009 and none have
occurred in 2010 to date. Results of the acoustic monitoring are
described in the Specified Activities section above and are not
reiterated here.
Table 2--Dates and Types of Launches From the KLC Under Current Regulations and Type of Monitoring Conducted
----------------------------------------------------------------------------------------------------------------
Aerial
Date Launch monitoring Video monitoring Acoustic monitoring
designator (Number of days)
----------------------------------------------------------------------------------------------------------------
9/1/2006..................... FTG-02.......... Yes (6)......... Yes............. Yes.
5/25/2007.................... FTX-03.......... Yes (3)......... No \1\.......... Yes.\3\
9/28/2007.................... FTG-03a......... Yes (5)......... Yes............. Yes.
7/18/2008.................... FTX-03.......... Yes (5)......... Yes \2\......... Yes.
12/1/2008.................... FTX-05.......... Yes (5)......... No.............. Yes.\3\
----------------------------------------------------------------------------------------------------------------
\1\ Foul weather prevented accessing Ugak Island.
\2\ Video camera batteries failed prior to launch so no data during launch is available.
\3\ Only one noise monitor was deployed at Narrow Cape (approximately 0.9 mi from the launch site). Ugak Island
was inaccessible.
[[Page 80781]]
During the September 2006 launch, aerial surveys found that Steller
sea lions did not use the traditional haulout site on the spit at the
north end of Ugak Island; however, one to four Steller sea lions used a
supralittoral rock on the east side of Ugak Island (East Ugak Rock). On
pre-launch aerial surveys, two to four sea lions were hauled out in
that location. On post-launch aerial surveys, one to two sea lions were
hauled out. Daily harbor seals counts within the primary study area
ranged from 495 seals on August 28th to 961 seals on September 1st.
The traditional Steller sea lion haulout was not occupied during
the pre-launch monitoring period during the 2006 launch. Therefore, an
alternative video monitoring site overlooking East Ugak Rock was chosen
on the northeast side of Ugak Island. On September 1, the two sea lions
on the haulout exhibited no reaction indicating disturbance during the
launch. The launch occurred at 09:22. From 07:24 to 09:44, the two sea
lions laid resting on the haulout. At 09:44, they sat up and interacted
for 1 min 12 seconds, then laid and rested until monitoring ceased at
13:29.
In 2007, AAC launched two vehicles; an FTX-03 launch occurred on
May 25, 2007, and an FTX-03a launch occurred on September 28, 2007. For
the May launch, foul weather (low ceiling, heavy fog) hampered or
completely prevented monitoring efforts except for aerial surveys;
three aerial surveys were completed. Steller sea lions were not
observed at the traditional haulout or East Ugak Rock during the aerial
surveys. Daily harbor seal counts ranged from 136 seals on May 23rd to
402 seals on May 27th. For the September launch, one aerial survey was
completed before the launch, and four surveys were completed post-
launch. Steller sea lions were not present at the traditional haulout
or on East Ugak Rock. Daily harbor seal counts within the primary study
area ranged from zero to 748 seals with peak counts two days following
the launch. Video monitoring at the harbor seal haulout did not detect
any seals. However, glare from the low angle sun in the morning and low
magnification made it difficult to see all the detail on the video
recording.
In 2008, AAC launched two vehicles; an FTX-03 launch occurred on
July 18th and an FTX-05 launch occurred on December 1st. For the July,
FTX-03 launch, one aerial survey was completed before the launch and
four surveys were completed post-launch. Foul weather hampered or
completely prevented all but one of the aerial surveys during the FTG-
05 launch in December; that survey was completed on December 7 after
the launch. Steller sea lions did not occupy the traditional haulout on
the spit at the north end of Ugak Island during either of the two
launches in 2008; however, small numbers (one to five) of sea lions
occupied East Ugak Rock during the aerial surveys conducted for both
launches. Daily totals within the primary study area during the FTX-03
launch ranged from 610 to 1,534 seals. During the single aerial survey
completed for FTG-05, 971 harbor seals were counted in the primary
study area. Based on the attendance pattern gathered from the FTX-03
launch (which had complete surveys), seal numbers were at pre-launch
levels within 5 hours after the launch.
A video camera recorded sea lions at East Ugak Rock on July 17-18,
2008 during the FTX-03 launch campaign. The video recorder ran for
approximately 14 hours before running out of power about 2 hours before
the rocket launch. Therefore, the instantaneous response of sea lions
to the launch was not recorded. On July 17, the day before the rocket
launch, zero to three sea lions were recorded on the rock and the same
number were recorded before the launch on July 18. Three sea lions were
on the rock when the recorder quit. Three sea lions also were present
on the same rock 3 h 17 min later (1 h 25 min after the launch), when
the video camera was retrieved. Thus, the attendance of sea lions
observed at East Ugak Rock suggests that if there was disturbance, it
was short-lived. During the FTG-05 launch in December, video equipment
could not be installed at Ugak Island because of heavy fog the day
before the launch.
As anticipated, foul weather proved it difficult to access Ugak
Island to deploy equipment. However, AAC was able to collect Steller
sea lion reactions to one launch; no reactions were observed. Although
attempted, AAC was unsuccessful at monitoring harbor seal reactions to
the launch. Despite lack of direct monitoring during the launch,
pinniped counts acquired during aerial surveys post-launch suggest
that, if animals are reacting, it is short-lived and not having an
impact on the population. Because AAC fulfilled the mitigation and
monitoring requirements to the best of their ability, NMFS has
determined that AAC complied with the mitigation and monitoring
requirements set forth in regulations and annual LOAs. In addition,
NMFS has determined that the impacts on marine mammals from the
activity fell within the nature and scope of those anticipated and
authorized in the previous authorization (supporting the analysis in
the current authorization).
For the proposed monitoring measures, NMFS has shifted its focus
from direct Steller sea lion to harbor seal monitoring. AAC will
monitor harbor seal reactions to rocket launches during the launch
itself via a type of camera system currently used by the Alaska Sea
Life Center to monitor haulouts and rookeries. The camera will
