Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities From Vandenberg Air Force Base, CA, 6448-6451 [2011-2534]
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
will make a decision of whether or not
to issue a Finding of No Significant
Impact (FONSI).
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Preliminary Determinations
NMFS has preliminarily determined
that the impact of conducting the
specific seismic survey activities
described in this notice and the IHA
request in the specific geographic region
within the ETP off Costa Rica may
result, at worst, in a temporary
modification in behavior (Level B
harassment) of small numbers of marine
mammals. Further, NMFS has
preliminarily determined that this
activity is expected to result in a
negligible impact on the affected species
or stocks of marine mammals. The
provision requiring that the activity not
have an unmitigable impact on the
availability of the affected species or
stock of marine mammals for
subsistence uses is not implicated for
this proposed action.
For reasons stated previously in this
document, the specified activities
associated with the proposed survey are
not likely to cause TTS, PTS or other
non-auditory injury, serious injury, or
death to affected marine mammals
because:
(1) The likelihood that, given
sufficient notice through relatively slow
ship speed, marine mammals are
expected to move away from a noise
source that is annoying prior to its
becoming potentially injurious;
(2) The fact that cetaceans would have
to be closer than 450 m (1,476 ft) in
deep water when the 18-airgun subarray
is in use at a 7 m (23 ft) tow depth from
the vessel to be exposed to levels of
sound believed to have even a minimal
chance of causing PTS;
(3) The fact that marine mammals
would have to be closer than 3,800 m
(2.4 mi) in deep water when the full
array is in use at a 7 m (23 ft) tow depth
from the vessel to be exposed to levels
of sound (160 dB) believed to have even
a minimal chance at causing TTS; and
(4) The likelihood that marine
mammal detection ability by trained
observers is high at that short distance
from the vessel.
As a result, no take by injury, serious
injury, or death is presently anticipated
nor would it be authorized were NMFS
to issue a final IHA, and the potential
for temporary or permanent hearing
impairment is very low and would
likely be avoided through the
incorporation of the proposed
monitoring and mitigation measures.
While the number of marine
mammals potentially incidentally
harassed would depend on the
distribution and abundance of marine
Endangered Species Act
Of the species of marine mammals
that may occur in the proposed survey
area, five are listed as endangered under
the ESA, including the humpback, sei,
fin, blue, and sperm whales. Under
Section 7 of the ESA, NSF has initiated
formal consultation with the NMFS,
Office of Protected Resources,
Endangered Species Division, on this
proposed seismic survey. NMFS’ Office
of Protected Resources, Permits,
Conservation and Education Division,
has initiated formal consultation under
section 7 of the ESA with NMFS’ Office
of Protected Resources, Endangered
Species Division, to obtain a Biological
Opinion evaluating the effects of issuing
the IHA on threatened and endangered
marine mammals and, if appropriate,
authorizing incidental take. NMFS will
conclude formal section 7 consultation
prior to making a determination on
whether or not to issue the IHA. If the
IHA is issued, L–DEO, in addition to the
mitigation and monitoring requirements
included in the IHA, will be required to
comply with the Terms and Conditions
of the Incidental Take Statement
corresponding to NMFS’ Biological
Opinion issued to both NSF and NMFS’
Office of Protected Resources.
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National Environmental Policy Act
(NEPA)
To meet NMFS’ National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.) requirements for the
issuance of an IHA to L–DEO, NMFS
will prepare an Environmental
Assessment (EA) titled ‘‘Issuance of an
Incidental Harassment Authorization to
the Lamont-Doherty Earth Observatory
to Take Marine Mammals by
Harassment Incidental to a Marine
Geophysical Survey in the Pacific Ocean
off Costa Rica, April–May, 2011.’’ This
EA will incorporate the NSF’s
Environmental Analysis Pursuant To
Executive Order 12114 (NSF, 2010) and
an associated report (Report) prepared
by LGL Limited Environmental
Research Associates (LGL) for NSF,
titled, ‘‘Environmental Assessment of a
Marine Geophysical Survey by the R/V
Marcus G. Langseth in the Pacific Ocean
off Costa Rica (LGL, 2010) (draft),’’ by
reference pursuant to 40 CFR 1502.21
and NOAA Administrative Order (NAO)
216–6 § 5.09(d). Prior to making a final
decision on the IHA application, NMFS
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mammals in the vicinity of the survey
activity, the number of potential Level
B incidental harassment takings (see
Table 3 above this section) should a
final IHA be issued is estimated to be
small, less than two percent of any of
the estimated population sizes based on
the data disclosed in Table 2 of this
notice. NMFS has preliminarily
determined that impacts to affected
species or stocks of marine mammals
have been mitigated to the lowest level
practicable through incorporation of the
monitoring and mitigation measures
mentioned previously in this document.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to L–DEO for conducting a
marine geophysical survey in the ETP
off Costa Rica, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
The duration of the IHA would not
exceed one year from the date of its
issuance.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed project and
NMFS’ preliminary determination of
issuing an IHA (see ADDRESSES).
Concurrent with the publication of this
notice in the Federal Register, NMFS is
forwarding copies of this application to
the Marine Mammal Commission and
its Committee of Scientific Advisors.
Dated: January 31, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–2538 Filed 2–3–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA178
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Space Vehicle and Test
Flight Activities From Vandenberg Air
Force Base, CA
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of issuance of a letter of
authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
SUMMARY:
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
implementing regulations, notification
is hereby given that a letter of
authorization (LOA) has been issued to
the 30th Space Wing, U.S. Air Force
(USAF), to take four species of seals and
sea lions incidental to rocket and
missile launches on Vandenberg Air
Force Base (VAFB), California, a
military readiness activity.
DATES: Effective February 7, 2011,
through February 6, 2012.
ADDRESSES: The LOA and supporting
documentation are available for review
by writing to P. Michael Payne, Chief,
Permits, Conservation, and Education
Division, Office of Protected Resources,
National Marine Fisheries Service
(NMFS), 1315 East-West Highway,
Silver Spring, MD 20910, by
telephoning one of the contacts listed
here (FOR FURTHER INFORMATION
CONTACT) or online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address and at the
Southwest Regional Office, NMFS, 501
West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Candace Nachman, Office of Protected
Resources, NMFS, (301) 713–2289 ext.
156, or Monica DeAngelis, NMFS, (562)
980–3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs NMFS to
allow, upon request, the incidental, but
not intentional, taking of small numbers
of marine mammals by U.S. citizens
who engage in a specified activity (other
than commercial fishing) within a
specified geographical region if certain
findings are made and regulations are
issued. The National Defense
Authorization Act (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations for a ‘‘military readiness
activity.’’ Under the MMPA, the term
‘‘taking’’ means to harass, hunt, capture,
or kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Authorization may be granted for
periods up to 5 years if NMFS finds,
after notification and opportunity for
public comment, that the taking will
have a negligible impact on the species
or stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant). In addition, NMFS must
prescribe regulations that include
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permissible methods of taking and other
means effecting the least practicable
adverse impact on the species and its
habitat and on the availability of the
species for subsistence uses, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance. The regulations must
include requirements for monitoring
and reporting of such taking.
Regulations governing the taking of
Pacific harbor seals (Phoca vitulina
richardsi), northern elephant seals
(Mirounga angustirostris), California sea
lions (Zalophus californianus), and
northern fur seals (Callorhinus ursinus),
by harassment, incidental to missile and
rocket launches, aircraft flight test
operations, and helicopter operations at
VAFB, were issued on February 6, 2009
(74 FR 6236), and remain in effect until
February 6, 2014. For detailed
information on this action, please refer
to that document. These regulations
include mitigation, monitoring, and
reporting requirements for the
incidental take of marine mammals
during missile and rocket launches at
VAFB.
This LOA is effective from February 7,
2011, through February 6, 2012, and
authorizes the incidental take, by Level
B harassment only, of the four marine
mammal species listed here that may
result from the launching of up to 30
space and missile vehicles and up to 20
rockets annually from VAFB, as well as
from aircraft and helicopter operations.
Harbor seals haul-out on several sites on
VAFB, and harbor seals, California sea
lions, elephant seals, and northern fur
seals are found on various haul-out sites
and rookeries on San Miguel Island
(SMI). Currently, six space launch
vehicle programs use VAFB to launch
satellites into polar orbit: Delta II;
Taurus; Atlas V; Delta IV; Falcon; and
Minotaur. Also a variety of small
missiles, several types of interceptor
and target vehicles, and fixed-wing
aircrafts are launched from VAFB.
The activities under these regulations
create two types of noise: continuous
(but short-duration) noise, due mostly to
combustion effects of aircraft and
launch vehicles, and impulsive noise,
due to sonic boom effects. Launch
operations are the major source of noise
on the marine environment from VAFB.
The operation of launch vehicle engines
produces significant sound levels. The
noise generated by VAFB activities will
result in the incidental harassment of
pinnipeds, both behaviorally and in
terms of physiological (auditory)
impacts. The noise and visual
disturbances from space launch vehicle
and missile launches and aircraft and
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6449
helicopter operations may cause the
animals to move towards or enter the
water. Take of pinnipeds will be
minimized through implementation of
the following mitigation measures: (1)
All aircraft and helicopter flight paths
must maintain a minimum distance of
1,000 ft (305 m) from recognized seal
haul-outs and rookeries; (2) missile and
rocket launches must, whenever
possible, not be conducted during the
harbor seal pupping season of March
through June; (3) VAFB must avoid,
whenever possible, launches which are
predicted to produce a sonic boom on
the Northern Channel Islands during the
primary pinniped pupping seasons of
March through June; and (4) monitoring
methods will be reviewed by NMFS if
post-launch surveys determine that an
injurious or lethal take of a marine
mammal occurred. VAFB will also use
monitoring surveys, audio-recording
equipment, and time-lapse video to
monitor the animals before, during, and
after rocket launches, and to measure
sound levels generated by the launches.
Reports will be submitted to NMFS after
each LOA expires, and a final
comprehensive report, which will
summarize all previous reports and
assess cumulative impacts, will be
submitted before the rule expires.
Summary of Request
On December 15, 2010, NMFS
received a request for a LOA renewal
pursuant to the aforementioned
regulations that would authorize, for a
period not to exceed 1 year, take of
marine mammals, by harassment,
incidental to space vehicle and test
flight activities at VAFB.
Summary of Activity and Monitoring
Under the 2010 LOA
In compliance with the 2010 LOA,
VAFB submitted an annual report on
the activities at VAFB, covering the
period of December 1, 2009, through
November 30, 2010. In addition to
launches that occurred between
February 7 and November 30, 2010, the
report also contained information on a
December 14, 2009, launch that was
covered under the 2009 LOA, as it was
not described in any previous reports. A
summary of the 2010 report (MMCG and
SAIC, 2010) follows.
During the reporting period covered
by the 2010 report, there were a total of
10 launches from VAFB: Five space
vehicle launches and five missile
launches. The dates, locations, and
monitoring required for the launches are
summarized in Tables 1 and 2 next.
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
TABLE 1—SUMMARY OF SPACE VEHICLE LAUNCHES FROM VAFB AND MONITORING CONDUCTED IN 2010
Vehicle
Date
Launch site
Monitoring conducted
Delta II .................................................................
Minotaur IV HTV–2A ...........................................
Atlas V NRO L–41 ...............................................
Minotaur IV ..........................................................
Delta II .................................................................
14–Dec–09 ............................
22–Apr–10 .............................
17–Sept–10 ...........................
25–Sept–10 ...........................
5–Nov–10 ..............................
SLC–2W ................................
SLC–8 ....................................
SLC–3E .................................
SLC–8 ....................................
SLC–2W ................................
No.
VAFB.
No.
No.
No.
TABLE 2—SUMMARY OF ALL OTHER LAUNCHES FROM VAFB AND MONITORING CONDUCTED IN 2010
Date (2010)
Minuteman III .......................................................
MDA .....................................................................
Minuteman III .......................................................
Minuteman III .......................................................
Minuteman III .......................................................
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Launch vehicle
22–Jan ...................................
6–Jun .....................................
16–Jun ...................................
30–Jun ...................................
17–Sept .................................
All of the space vehicle launches,
except for the April 22, 2010, launch of
the Minotaur IV occurred outside of the
harbor seal pupping season. Therefore,
monitoring on VAFB was only required
for that one space vehicle launch.
Additionally, acoustic modeling
indicated that no sonic boom of greater
than 1 lb/ft2 (psf) would occur at SMI
as a result of the launch; therefore, no
biological or acoustical monitoring was
required or conducted at SMI. The
fourth launch was not modeled or
monitored because the vehicle’s
westerly trajectory would carry it north
of the northern Channel Islands.
None of the five missile launches
required monitoring at SMI because the
westerly trajectory of these launches.
Similarly, the January 22 and September
10, 2010, Minuteman III launches
occurred outside of the VAFB harbor
seal pupping season; therefore, no
biological or acoustical monitoring was
required or performed on VAFB for
these two launches.
During the reporting period, 977
fixed-wing aircraft and helicopter
operations were conducted from the
VAFB airfield. Most of these consisted
of training exercises involving ‘‘touch
and goes’’ (West, 2010). Helicopter
operations were greatly reduced from
previous years because the helicopter
squadron at VAFB was relocated in
2007 to other Air Force bases in the U.S.
About two helicopter flights a week are
now flown over VAFB. Three helicopter
search and rescue operations were
flown during the reporting period.
There were no observed impacts to
pinnipeds from these activities.
Minotaur IV Launch (April 22, 2010)
Because this launch occurred during
the harbor seal pupping season on
VAFB, biological monitoring at VAFB
was required. However, no sonic boom
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Launch site
LF–23
LF–24
LF–10
LF–04
LF–09
....................................
....................................
....................................
....................................
....................................
greater than 1 psf was predicted over
SMI, so no monitoring was required at
SMI. Counts of northern harbor seals
done between April 17 and 21, 2010,
recorded from 20 to 160 adult seals,
with the daily maximum ranging
between 111 and 160 animals. Pup
counts ranged from 12 to 48 seals, with
the daily maximum ranging between 31
and 48 pups. Post-launch counts fell
within the pre-launch range. Counts of
harbor seals done within 48 hours postlaunch recorded between 115 to 167
seals, with the daily maximum ranging
between 165 and 167. Post-launch pup
counts ranged between 17 and 39, with
daily maximums of 38 to 39 pups. In
addition to the harbor seals, two
northern elephant seals were observed
at separate locations (one of which
appeared emaciated), and three
California sea lions (either juveniles or
adult females) were observed.
Time-lapse video monitoring was
conducted of this launch. Immediately
prior to the launch, the video showed
the presence of 15 adult harbor seals
and three pups at the First Ledge haulout site on south VAFB. Within 18
seconds of the launch, all but two adults
had flushed into the water. The two
remaining adult seals moved to within
3 m (10 ft) of the water but remained on
the ledge. Within 10 minutes after the
launch, one adult had hauled back out
on the ledge followed by a few more a
little later. About an hour and a half
post-launch, the entire ledge was
submerged by waves, and all the
animals had returned to the water
(ManTech SRS, 2010).
Six dead harbor seal pups were
recorded during the pre-launch counts.
One of them was observed to be ‘‘torn
open.’’ This was an unusually high
number of pup mortalities, as previous
counts revealed a high of four dead
pups in 2004. One dead pup was noted
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Monitored
No.
Yes.
Yes.
Yes.
No.
after the launch. It had a deep, 5-cm (2in) gash on its side. The USAF monitors
were unable to determine if this was one
of the six pups observed prior to the
launch or a previously uncounted
animal. None of the dead pups were
recovered for two reasons. First,
attempting to recover the carcasses
would have disturbed other animals,
possibly resulting in the abandonment
of pups. Second, the haul-out site is
along a stretch of coast that lies beneath
steep, unstable bluffs subject to sudden
collapses.
On follow-up counts made 2 weeks
post-launch, between 67 and 161 harbor
seals were counted along with 22 to 34
pups. One adult was observed to have
a deep wound, possibly inflicted by a
shark. In summary, based on postlaunch analysis, there was no evidence
of injury, mortality, or abnormal
behavior in any of the monitored
pinnipeds on VAFB as a result of this
launch.
MDA Launch (June 6, 2010)
Because this launch occurred during
the harbor seal pupping season on
VAFB, biological monitoring at VAFB
was required. However, its westerly
trajectory did not require any sonic
boom modeling or monitoring at SMI.
Pre-launch surveys conducted from June
3–5, 2010, recorded between 0 and 13
harbor seals. Post-launch surveys
conducted within 48 hours after the
launch recorded between 0 and 11
harbor seals. During counts 2 weeks
post-launch, between zero and four
harbor seals were seen. No pups were
observed, which was not unexpected, as
only one pup was observed on April 21,
2010. No pups were reported in surveys
performed after the June launches
during the period from July through
November (MMCG and SAIC, 2010).
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Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices
Time-lapse video monitoring was
conducted of this launch. Some harbor
seals and sea otters were observed on
the rocks between 1.5 and 4 hours prior
to the launch. However, nearly 30
minutes before the launch, the video did
not reveal the presence of any marine
mammals because the incoming tide
and surf was washing over the rocks.
None were present at the time of the
launch. Nearly 1.5 hours post-launch,
the rocks were still abandoned.
No northern elephant seals were
observed. On two occasions, individual
California sea lions hauled out on the
rocks and nearby beach. On another
occasion, one was noted swimming
immediately offshore. In summary,
there was no evidence of injury,
mortality, or abnormal behavior in any
of the monitored pinnipeds at VAFB as
a result of the MDA launch.
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Minuteman III Launch (June 16, 2010)
Because this launch occurred during
the harbor seal pupping season on
VAFB, biological monitoring at VAFB
was required. However, its westerly
trajectory did not require any sonic
boom modeling or monitoring at SMI.
Pre-launch monitoring was conducted
from Jun 13–15, 2010. Zero to five
harbor seals were hauled out at Lion’s
Head during these counts. Zero to one
seal was hauled out the day of the
launch, and the following day, up to
three harbor seals were hauled out. No
harbor seal pups were seen. Only one
sea lion was noted swimming a short
distance offshore. No northern elephant
seals were sighted. Since this launch
occurred during darkness, no time-lapse
video monitoring was conducted. In
summary, there was no evidence of
injury, mortality, or abnormal behavior
of the monitored pinnipeds on VAFB as
a result of this launch.
Minuteman III Launch (June 30, 2010)
Because this launch occurred during
the harbor seal pupping season on
VAFB, biological monitoring at VAFB
was required. However, its westerly
trajectory did not require any sonic
boom modeling or monitoring at SMI.
Pre-launch monitoring was conducted
from June 27–29, 2010. Zero to four
harbor seals were counted during prelaunch surveys. On the day of the
launch, the count was zero to three
animals, as it was during the postlaunch monitoring. No harbor seals
were sighted during the two-week
follow-up count because the rocks were
awash. No harbor seal pups were seen
during any of these surveys. No
California sea lions or elephant seals
were seen during these surveys. Since
this launch occurred during darkness,
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no time-lapse video monitoring was
conducted. In summary, there was no
evidence of injury, mortality, or
abnormal behavior in any monitored
harbor seals on VAFB resulting from
this launch.
Authorization
The USAF complied with the
requirements of the 2010 LOA, and
NMFS has determined that the marine
mammal take resulting from the 2010
launches is within that analyzed in and
anticipated by the associated
regulations. Accordingly, NMFS has
issued a LOA to the 30th Space Wing,
USAF, authorizing the take by
harassment of marine mammals
incidental to space vehicle and test
flight activities at VAFB. Issuance of
this LOA is based on findings described
in the preamble to the final rule (74 FR
6236, February 6, 2009) and supported
by information contained in VAFB’s
2010 annual report that the activities
described under this LOA will have a
negligible impact on marine mammal
stocks. The provision requiring that the
activity not have an unmitigable adverse
impact on the availability of the affected
species or stock for subsistence uses
does not apply for this action.
Dated: January 31, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–2534 Filed 2–3–11; 8:45 am]
BILLING CODE 3510–22–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Addition
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed Addition to and
Deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add a service to the Procurement List
that will be provided by the nonprofit
agency employing persons who are
blind or have other severe disabilities
and to delete services previously
provided by such agencies.
Comments Must be Received on or
Before: 3/7/2011.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, Jefferson Plaza 2, Suite 10800,
1421 Jefferson Davis Highway,
Arlington, Virginia 22202–3259.
For Further Information or To Submit
Comments Contact: Barry S. Lineback,
SUMMARY:
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6451
Telephone: (703) 603–7740, Fax: (703)
603–0655, or e-mail
CMTEFedReg@AbilityOne.gov.
SUPPLEMENTARY INFORMATION: This
notice is published pursuant to 41 U.S.C
47(a)(2) and 41 CFR 51–2.3. Its purpose
is to provide interested persons an
opportunity to submit comments on the
proposed actions.
Addition
If the Committee approves the
proposed addition, the entities of the
Federal Government identified in this
notice will be required to procure the
service listed below from nonprofit
agency employing persons who are
blind or have other severe disabilities.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in any additional reporting,
recordkeeping or other compliance
requirements for small entities other
than the small organizations that will
provide the service to the Government.
2. If approved, the action will result
in authorizing small entities to provide
the service to the Government.
3. There are no known regulatory
alternatives which would accomplish
the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in
connection with the service proposed
for addition to the Procurement List.
Comments on this certification are
invited. Commenters should identify the
statement(s) underlying the certification
on which they are providing additional
information.
End of Certification
The following service is proposed for
addition to the Procurement List for
production by the nonprofit agency
listed:
Service
Service Type/Location: Custodial Service,
Donald J. Pease Federal Building, 143
West Liberty Street, Medina, OH.
NPA: VGS, Inc., Cleveland, OH.
Contracting Activity: GSA, Public Buildings
Service, Property Management Division,
Independence, OH.
Deletions
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I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. If approved, the action will not
result in additional reporting,
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]]>Agencies
[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6448-6451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2534]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA178
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Space Vehicle and Test Flight Activities From Vandenberg
Air Force Base, CA
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of issuance of a letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and
[[Page 6449]]
implementing regulations, notification is hereby given that a letter of
authorization (LOA) has been issued to the 30th Space Wing, U.S. Air
Force (USAF), to take four species of seals and sea lions incidental to
rocket and missile launches on Vandenberg Air Force Base (VAFB),
California, a military readiness activity.
DATES: Effective February 7, 2011, through February 6, 2012.
ADDRESSES: The LOA and supporting documentation are available for
review by writing to P. Michael Payne, Chief, Permits, Conservation,
and Education Division, Office of Protected Resources, National Marine
Fisheries Service (NMFS), 1315 East-West Highway, Silver Spring, MD
20910, by telephoning one of the contacts listed here (FOR FURTHER
INFORMATION CONTACT) or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address and at the Southwest Regional Office, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected
Resources, NMFS, (301) 713-2289 ext. 156, or Monica DeAngelis, NMFS,
(562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and
regulations are issued. The National Defense Authorization Act (Pub. L.
108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations for a ``military readiness activity.'' Under the
MMPA, the term ``taking'' means to harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill marine mammals.
Authorization may be granted for periods up to 5 years if NMFS
finds, after notification and opportunity for public comment, that the
taking will have a negligible impact on the species or stock(s) of
marine mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant). In addition, NMFS must prescribe regulations that include
permissible methods of taking and other means effecting the least
practicable adverse impact on the species and its habitat and on the
availability of the species for subsistence uses, paying particular
attention to rookeries, mating grounds, and areas of similar
significance. The regulations must include requirements for monitoring
and reporting of such taking.
Regulations governing the taking of Pacific harbor seals (Phoca
vitulina richardsi), northern elephant seals (Mirounga angustirostris),
California sea lions (Zalophus californianus), and northern fur seals
(Callorhinus ursinus), by harassment, incidental to missile and rocket
launches, aircraft flight test operations, and helicopter operations at
VAFB, were issued on February 6, 2009 (74 FR 6236), and remain in
effect until February 6, 2014. For detailed information on this action,
please refer to that document. These regulations include mitigation,
monitoring, and reporting requirements for the incidental take of
marine mammals during missile and rocket launches at VAFB.
This LOA is effective from February 7, 2011, through February 6,
2012, and authorizes the incidental take, by Level B harassment only,
of the four marine mammal species listed here that may result from the
launching of up to 30 space and missile vehicles and up to 20 rockets
annually from VAFB, as well as from aircraft and helicopter operations.
Harbor seals haul-out on several sites on VAFB, and harbor seals,
California sea lions, elephant seals, and northern fur seals are found
on various haul-out sites and rookeries on San Miguel Island (SMI).
Currently, six space launch vehicle programs use VAFB to launch
satellites into polar orbit: Delta II; Taurus; Atlas V; Delta IV;
Falcon; and Minotaur. Also a variety of small missiles, several types
of interceptor and target vehicles, and fixed-wing aircrafts are
launched from VAFB.
The activities under these regulations create two types of noise:
continuous (but short-duration) noise, due mostly to combustion effects
of aircraft and launch vehicles, and impulsive noise, due to sonic boom
effects. Launch operations are the major source of noise on the marine
environment from VAFB. The operation of launch vehicle engines produces
significant sound levels. The noise generated by VAFB activities will
result in the incidental harassment of pinnipeds, both behaviorally and
in terms of physiological (auditory) impacts. The noise and visual
disturbances from space launch vehicle and missile launches and
aircraft and helicopter operations may cause the animals to move
towards or enter the water. Take of pinnipeds will be minimized through
implementation of the following mitigation measures: (1) All aircraft
and helicopter flight paths must maintain a minimum distance of 1,000
ft (305 m) from recognized seal haul-outs and rookeries; (2) missile
and rocket launches must, whenever possible, not be conducted during
the harbor seal pupping season of March through June; (3) VAFB must
avoid, whenever possible, launches which are predicted to produce a
sonic boom on the Northern Channel Islands during the primary pinniped
pupping seasons of March through June; and (4) monitoring methods will
be reviewed by NMFS if post-launch surveys determine that an injurious
or lethal take of a marine mammal occurred. VAFB will also use
monitoring surveys, audio-recording equipment, and time-lapse video to
monitor the animals before, during, and after rocket launches, and to
measure sound levels generated by the launches. Reports will be
submitted to NMFS after each LOA expires, and a final comprehensive
report, which will summarize all previous reports and assess cumulative
impacts, will be submitted before the rule expires.
Summary of Request
On December 15, 2010, NMFS received a request for a LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of marine mammals, by harassment,
incidental to space vehicle and test flight activities at VAFB.
Summary of Activity and Monitoring Under the 2010 LOA
In compliance with the 2010 LOA, VAFB submitted an annual report on
the activities at VAFB, covering the period of December 1, 2009,
through November 30, 2010. In addition to launches that occurred
between February 7 and November 30, 2010, the report also contained
information on a December 14, 2009, launch that was covered under the
2009 LOA, as it was not described in any previous reports. A summary of
the 2010 report (MMCG and SAIC, 2010) follows.
During the reporting period covered by the 2010 report, there were
a total of 10 launches from VAFB: Five space vehicle launches and five
missile launches. The dates, locations, and monitoring required for the
launches are summarized in Tables 1 and 2 next.
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Table 1--Summary of Space Vehicle Launches From VAFB and Monitoring Conducted in 2010
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Vehicle Date Launch site Monitoring conducted
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Delta II............................. 14-Dec-09.............. SLC-2W................. No.
Minotaur IV HTV-2A................... 22-Apr-10.............. SLC-8.................. VAFB.
Atlas V NRO L-41..................... 17-Sept-10............. SLC-3E................. No.
Minotaur IV.......................... 25-Sept-10............. SLC-8.................. No.
Delta II............................. 5-Nov-10............... SLC-2W................. No.
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Table 2--Summary of All Other Launches From VAFB and Monitoring Conducted in 2010
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Launch vehicle Date (2010) Launch site Monitored
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Minuteman III........................ 22-Jan................. LF-23.................. No.
MDA.................................. 6-Jun.................. LF-24.................. Yes.
Minuteman III........................ 16-Jun................. LF-10.................. Yes.
Minuteman III........................ 30-Jun................. LF-04.................. Yes.
Minuteman III........................ 17-Sept................ LF-09.................. No.
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All of the space vehicle launches, except for the April 22, 2010,
launch of the Minotaur IV occurred outside of the harbor seal pupping
season. Therefore, monitoring on VAFB was only required for that one
space vehicle launch. Additionally, acoustic modeling indicated that no
sonic boom of greater than 1 lb/ft\2\ (psf) would occur at SMI as a
result of the launch; therefore, no biological or acoustical monitoring
was required or conducted at SMI. The fourth launch was not modeled or
monitored because the vehicle's westerly trajectory would carry it
north of the northern Channel Islands.
None of the five missile launches required monitoring at SMI
because the westerly trajectory of these launches. Similarly, the
January 22 and September 10, 2010, Minuteman III launches occurred
outside of the VAFB harbor seal pupping season; therefore, no
biological or acoustical monitoring was required or performed on VAFB
for these two launches.
During the reporting period, 977 fixed-wing aircraft and helicopter
operations were conducted from the VAFB airfield. Most of these
consisted of training exercises involving ``touch and goes'' (West,
2010). Helicopter operations were greatly reduced from previous years
because the helicopter squadron at VAFB was relocated in 2007 to other
Air Force bases in the U.S. About two helicopter flights a week are now
flown over VAFB. Three helicopter search and rescue operations were
flown during the reporting period. There were no observed impacts to
pinnipeds from these activities.
Minotaur IV Launch (April 22, 2010)
Because this launch occurred during the harbor seal pupping season
on VAFB, biological monitoring at VAFB was required. However, no sonic
boom greater than 1 psf was predicted over SMI, so no monitoring was
required at SMI. Counts of northern harbor seals done between April 17
and 21, 2010, recorded from 20 to 160 adult seals, with the daily
maximum ranging between 111 and 160 animals. Pup counts ranged from 12
to 48 seals, with the daily maximum ranging between 31 and 48 pups.
Post-launch counts fell within the pre-launch range. Counts of harbor
seals done within 48 hours post-launch recorded between 115 to 167
seals, with the daily maximum ranging between 165 and 167. Post-launch
pup counts ranged between 17 and 39, with daily maximums of 38 to 39
pups. In addition to the harbor seals, two northern elephant seals were
observed at separate locations (one of which appeared emaciated), and
three California sea lions (either juveniles or adult females) were
observed.
Time-lapse video monitoring was conducted of this launch.
Immediately prior to the launch, the video showed the presence of 15
adult harbor seals and three pups at the First Ledge haul-out site on
south VAFB. Within 18 seconds of the launch, all but two adults had
flushed into the water. The two remaining adult seals moved to within 3
m (10 ft) of the water but remained on the ledge. Within 10 minutes
after the launch, one adult had hauled back out on the ledge followed
by a few more a little later. About an hour and a half post-launch, the
entire ledge was submerged by waves, and all the animals had returned
to the water (ManTech SRS, 2010).
Six dead harbor seal pups were recorded during the pre-launch
counts. One of them was observed to be ``torn open.'' This was an
unusually high number of pup mortalities, as previous counts revealed a
high of four dead pups in 2004. One dead pup was noted after the
launch. It had a deep, 5-cm (2-in) gash on its side. The USAF monitors
were unable to determine if this was one of the six pups observed prior
to the launch or a previously uncounted animal. None of the dead pups
were recovered for two reasons. First, attempting to recover the
carcasses would have disturbed other animals, possibly resulting in the
abandonment of pups. Second, the haul-out site is along a stretch of
coast that lies beneath steep, unstable bluffs subject to sudden
collapses.
On follow-up counts made 2 weeks post-launch, between 67 and 161
harbor seals were counted along with 22 to 34 pups. One adult was
observed to have a deep wound, possibly inflicted by a shark. In
summary, based on post-launch analysis, there was no evidence of
injury, mortality, or abnormal behavior in any of the monitored
pinnipeds on VAFB as a result of this launch.
MDA Launch (June 6, 2010)
Because this launch occurred during the harbor seal pupping season
on VAFB, biological monitoring at VAFB was required. However, its
westerly trajectory did not require any sonic boom modeling or
monitoring at SMI. Pre-launch surveys conducted from June 3-5, 2010,
recorded between 0 and 13 harbor seals. Post-launch surveys conducted
within 48 hours after the launch recorded between 0 and 11 harbor
seals. During counts 2 weeks post-launch, between zero and four harbor
seals were seen. No pups were observed, which was not unexpected, as
only one pup was observed on April 21, 2010. No pups were reported in
surveys performed after the June launches during the period from July
through November (MMCG and SAIC, 2010).
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Time-lapse video monitoring was conducted of this launch. Some
harbor seals and sea otters were observed on the rocks between 1.5 and
4 hours prior to the launch. However, nearly 30 minutes before the
launch, the video did not reveal the presence of any marine mammals
because the incoming tide and surf was washing over the rocks. None
were present at the time of the launch. Nearly 1.5 hours post-launch,
the rocks were still abandoned.
No northern elephant seals were observed. On two occasions,
individual California sea lions hauled out on the rocks and nearby
beach. On another occasion, one was noted swimming immediately
offshore. In summary, there was no evidence of injury, mortality, or
abnormal behavior in any of the monitored pinnipeds at VAFB as a result
of the MDA launch.
Minuteman III Launch (June 16, 2010)
Because this launch occurred during the harbor seal pupping season
on VAFB, biological monitoring at VAFB was required. However, its
westerly trajectory did not require any sonic boom modeling or
monitoring at SMI. Pre-launch monitoring was conducted from Jun 13-15,
2010. Zero to five harbor seals were hauled out at Lion's Head during
these counts. Zero to one seal was hauled out the day of the launch,
and the following day, up to three harbor seals were hauled out. No
harbor seal pups were seen. Only one sea lion was noted swimming a
short distance offshore. No northern elephant seals were sighted. Since
this launch occurred during darkness, no time-lapse video monitoring
was conducted. In summary, there was no evidence of injury, mortality,
or abnormal behavior of the monitored pinnipeds on VAFB as a result of
this launch.
Minuteman III Launch (June 30, 2010)
Because this launch occurred during the harbor seal pupping season
on VAFB, biological monitoring at VAFB was required. However, its
westerly trajectory did not require any sonic boom modeling or
monitoring at SMI. Pre-launch monitoring was conducted from June 27-29,
2010. Zero to four harbor seals were counted during pre-launch surveys.
On the day of the launch, the count was zero to three animals, as it
was during the post-launch monitoring. No harbor seals were sighted
during the two-week follow-up count because the rocks were awash. No
harbor seal pups were seen during any of these surveys. No California
sea lions or elephant seals were seen during these surveys. Since this
launch occurred during darkness, no time-lapse video monitoring was
conducted. In summary, there was no evidence of injury, mortality, or
abnormal behavior in any monitored harbor seals on VAFB resulting from
this launch.
Authorization
The USAF complied with the requirements of the 2010 LOA, and NMFS
has determined that the marine mammal take resulting from the 2010
launches is within that analyzed in and anticipated by the associated
regulations. Accordingly, NMFS has issued a LOA to the 30th Space Wing,
USAF, authorizing the take by harassment of marine mammals incidental
to space vehicle and test flight activities at VAFB. Issuance of this
LOA is based on findings described in the preamble to the final rule
(74 FR 6236, February 6, 2009) and supported by information contained
in VAFB's 2010 annual report that the activities described under this
LOA will have a negligible impact on marine mammal stocks. The
provision requiring that the activity not have an unmitigable adverse
impact on the availability of the affected species or stock for
subsistence uses does not apply for this action.
Dated: January 31, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-2534 Filed 2-3-11; 8:45 am]
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