Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities Related to the Delta IV/Evolved Expendable Launch Vehicle at Vandenberg Air Force Base, CA, 33721-33726 [2011-14335]
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Federal Register / Vol. 76, No. 111 / Thursday, June 9, 2011 / Notices
beluga whales, and Steller sea lions. The
BiOp also concluded that designated
critical habitat for these species does not
occur in the action area and would not
be affected by the survey. USGS must
comply with the Relevant Terms and
Conditions of the Incidental Take
Statement (ITS) corresponding to
NMFS’s BiOp issued to both USGS and
NMFS’s Office of Protected Resources.
USGS must also comply with the
mitigation and monitoring requirements
included in the IHA in order to be
exempt under the ITS in the BiOp from
the prohibition on take of listed
endangered marine mammal species
otherwise prohibited by section 9 of the
ESA.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) also requires
NMFS to determine that the
authorization will not have an
unmitigable adverse effect on the
availability of marine mammal species
or stocks for subsistence use. There are
no relevant subsistence uses of marine
mammals in the study area (deep,
offshore waters of the central GOA) that
implicate MMPA section 101(a)(5)(D).
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will have a negligible impact on the
species in the specified geographic
region.
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 finds that USGS’s planned
research activities will result in the
incidental take of small numbers of
marine mammals, by Level B
harassment only, and that the total
taking from the marine seismic survey
will have a negligible impact on the
affected species or stocks of marine
mammals; and that impacts to affected
species or stocks of marine mammals
have been mitigated to the lowest level
practicable.
With its complete application, USGS
provided NMFS an EA analyzing the
direct, indirect, and cumulative
environmental impacts of the specified
activities on marine mammals including
those listed as threatened or endangered
under the ESA. The EA, prepared by
LGL on behalf of USGS, is entitled
‘‘Environmental Assessment of a Marine
Geophysical Survey by the R/V Marcus
G. Langseth in the central Gulf of
Alaska, June 2011.’’ After NMFS
reviewed and evaluated the USGS EA
for consistency with the regulations
published by the Council of
Environmental Quality (CEQ) and
NOAA Administrative Order 216–6,
Environmental Review Procedures for
Implementing the National
Environmental Policy Act, NMFS
adopted the USGS EA and issued a
Finding of No Significant Impact
(FONSI).
Endangered Species Act
Of the species of marine mammals
that may occur in the survey area,
several are listed as endangered under
the ESA, including the North Pacific
right, humpback, sei, fin, blue, and
sperm whales, as well as the Cook Inlet
DPS of beluga whales and the western
stock of Steller sea lions. The eastern
stock of Steller sea lions is listed as
threatened, as is the southwest Alaska
DPS of the sea otter. Under section 7 of
the ESA, USGS initiated formal
consultation with the NMFS, Office of
Protected Resources, Endangered
Species Division, on this seismic
survey. NMFS’s Office of Protected
Resources, Permits, Conservation and
Education Division, also initiated formal
consultation under section 7 of the ESA
with NMFS’s Office of Protected
Resources, Endangered Species
Division, to obtain a Biological Opinion
(BiOp) evaluating the effects of issuing
the IHA on threatened and endangered
marine mammals and, if appropriate,
authorizing incidental take. In June
2011, NMFS issued a BiOp and
concluded that the action and issuance
of the IHA are not likely to jeopardize
the continued existence of the North
Pacific right, humpback, sei, fin, blue,
and sperm whales, Cook Inlet DPS of
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Authorization
NMFS has issued an IHA to USGS for
the take, by Level B harassment, of
small numbers of marine mammals
incidental to conducting a marine
geophysical survey in the central GOA,
June 2011, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: June 3, 2011.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–14331 Filed 6–8–11; 8:45 am]
National Oceanic and Atmospheric
Administration
RIN 0648–XA449
Takes of Marine Mammals Incidental to
Specified Activities; Harbor Activities
Related to the Delta IV/Evolved
Expendable Launch Vehicle at
Vandenberg Air Force Base, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to United Launch Alliance (ULA),
to take marine mammals, by Level B
harassment, incidental to conducting
Delta Mariner operations, cargo
unloading activities, and harbor
maintenance activities related to the
Delta IV/Evolved Expendable Launch
Vehicle (Delta IV/EELV) at south
Vandenberg Air Force Base, CA (VAFB).
DATES: Effective June 7, 2011, through
June 6, 2012.
ADDRESSES: A copy of the authorization,
application, and associated
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) may be obtained by writing to
P. Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 East
West Highway, Silver Spring, MD
20910, telephoning the contact listed
below (see FOR FURTHER INFORMATION
CONTACT), or visiting the Internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may
also be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 713–
2289.
SUPPLEMENTARY INFORMATION:
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Background
Section 101(a)(5)(D) of the MMPA (16
U.S.C. 1371 (a)(5)(D)) directs the
Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals of a species or
population stock, by U.S. citizens who
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DEPARTMENT OF COMMERCE
SUMMARY:
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engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). The
authorization must set forth the
permissible methods of taking, other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat, and monitoring and
reporting of such takings. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘* * * an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA
establishes a 45-day time limit for
NMFS’ review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization. NMFS must publish a
notice in the Federal Register within 30
days of its determination to issue or
deny the authorization.
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
NMFS received an application on
August 4, 2010, from ULA requesting
the taking by harassment, of small
numbers of marine mammals, incidental
to conducting Delta Mariner harbor
operations for one year. NMFS reviewed
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the ULA application and identified a
number of issues requiring further
clarification. After addressing comments
from NMFS, ULA modified its
application and submitted a revised
application on February 11, 2011.
NMFS determined that application
complete and adequate on March 29,
2011.
These activities (i.e., transport vessel
operations, cargo movement activities,
and harbor maintenance dredging) will
support Delta IV/EELV launch activities
from the Space Launch Complex at
VAFB Harbor and would occur in the
vicinity of a known pinniped haul out
site (Small Haul-out Site #1) located at
34°33.192′ N, 120° 36.580′ W.
Acoustic and visual stimuli generated
by the use of heavy equipment during
the Delta Mariner off-loading operations
and the cargo movement activities, the
increased presence of personnel, and
harbor maintenance dredging may have
the potential to cause California sea
lions (Zalophus californianus), Pacific
harbor seals (Phoca vitulina), and
Northern elephant seals (Mirounga
angustirostris) hauled out on Small
Haul-out Site #1 to flush into VAFB
Harbor or to cause a short-term
behavioral disturbance for marine
mammals in the area. These types of
disturbances are the principal means of
marine mammal taking associated with
these activities, and ULA has requested
an authorization to take 1,075 Pacific
harbor seals; 86 California sea lions; and
43 Northern elephant seals by Level B
harassment only.
Description of the Specified Geographic
Region
The activities will take place in or
near the VAFB harbor located on the
central coast of California at 34° 33′ N,
120° 36′ W in the northeast Pacific
Ocean. The harbor is approximately 2.5
miles (mi) (4.02 kilometers (km)) south
of Point Arguello, CA, and
approximately 1 mi (1.61 km) south of
the nearest marine mammal rookery.
Description of the Specified Activity
ULA proposes to conduct Delta IV/
EELV activities (transport vessel
operations, harbor maintenance
dredging, and cargo movement
activities) between June 8, 2011, and
June 7, 2012.
To date, NMFS has issued eight, 1year IHAs to ULA for the conduct of the
same activities from 2002 to 2010, with
the last IHA expiring on September 3,
2010 (74 FR 46742, September 11,
2009).
The Delta IV/EELV launch vehicle is
comprised of a common booster core
(CBC), an upper stage, and a payload
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fairing. The size of the CBC requires it
to be transported to the VAFB launch
site by a specially designed vessel, the
Delta Mariner. To allow safe operation
of the Delta Mariner, maintenance
dredging within a harbor located in
Zone 6 of the Western Space and
Missile Center (WSMC) in the Pacific
Ocean (33 CFR 334.1130(a)(2)(vi)), ULA
requires that the harbor undergo
maintenance on a periodic basis.
Delta Mariner Operations
The Delta Mariner is a 312-foot (ft)
(95.1-meter (m)) long, 84-ft (25.6-m)
wide, steel-hulled, ocean-going vessel
capable of operating at an 8-ft (2.4-m)
draft. It is a roll-on, roll-off, selfpropelled ship with an enclosed
watertight cargo area, a superstructure
forward, and a ramp at the vessel’s
stern.
Delta Mariner off-loading operations
and associated cargo movements within
the harbor would occur at a maximum
frequency of four times per year. The
8,000-horsepower vessel would enter
the harbor stern first at 1.5 to 2 knots
(1.72 mi per hour (mph)) during
daylight hours at high tide, approaching
the wharf at less than 0.75 knot (less
than one mph). At least one tugboat will
always accompany the Delta Mariner
during visits to the VAFB harbor.
Departure will occur under the
previously-stated conditions.
Harbor Maintenance Activities
ULA must perform maintenance
dredging annually or twice per year,
depending on the hardware delivery
schedule. To accommodate the Delta
Mariner’s draft, ULA would need to
remove up to 5,000 cubic yards of
sediment per dredging cycle. Dredging
would involve the use of heavy
equipment, including a clamshell
dredge, dredging crane, a small tug,
dredging barge, dump trucks, and a skip
loader. Dredge operations, from set-up
to tear-down, would continue 24-hours
a day for approximately 35 days.
ULA provides a more detailed
description of the work proposed for
2011–2012 in the application and the
Final U.S. Air Force EA for Harbor
Activities Associated with the Delta IV
Program at Vandenberg Air Force Base
(ENSR International, 2001) which are
available upon request (see ADDRESSES).
Cargo Movement Activities
Removal of the CBC from the vessel
requires the use of an elevating platform
transporter (EPT). The EPT is powered
by a diesel engine manufactured by
Daimler-Chrysler AG (Mercedes), model
OM442A, 340HP. ULA would limit
cargo unloading activities to periods of
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high tide. It takes approximately two
hours to remove the first CBC from the
cargo bay and six hours to remove a
complement of three CBCs. It would
take up to two additional hours to
remove remaining cargo which may
consist of two upper stages, one set of
fairings, and one payload attach fitting.
The total of 10 hours includes time
required to move the flight hardware to
the staging area. Flight hardware items,
other than the CBCs, are packaged in
containers equipped with retractable
casters and tow bars. ULA would tow
these containers off the vessel by a
standard diesel truck tractor. Noise from
the ground support equipment will be
muted while inside the cargo bay and
will be audible to marine mammals only
during the time the equipment is in the
harbor area. Cargo movement operations
would occur for approximately 43 days
(concurrent with the harbor
maintenance activities).
NMFS outlined the purpose of the
program in the Notice of Proposed IHA
(76 FR 21862, April 19, 2011). The
activities to be conducted have not
changed between the Notice of Proposed
IHA (76 FR 21862, April 19, 2011) and
this final notice announcing the
issuance of the IHA. For a more detailed
description of the authorized action,
including a discussion of associated
noise sources from the harbor
operations, NMFS refers the reader to
the Notice of Proposed IHA (76 FR
21862, April 19, 2011), the application,
and associated documents referenced
earlier in this document.
Comments and Responses
NMFS published a notice of receipt of
the ULA application and proposed IHA
in the Federal Register on April 19,
2011 (76 FR 21862). During the 30-day
public comment period, NMFS received
two comments from the public and a
letter from the Marine Mammal
Commission (Commission). Following
are the comments from the public
commenter and the Commission with
NMFS’ responses.
Comment 1: One commenter opposed
the project on the grounds that it would
cause injury or mortality to marine
mammals.
Response: As described in detail in
the Federal Register notice of the
proposed IHA (76 FR 21862, April 19,
2011), no marine mammal would be
killed or injured as a result of the
operations by ULA. The project would
only result in Level B behavioral
harassment only of a small number of
marine mammals.
Comment 2: The commenter believed
that NMFS inflated the population
estimate for the California sea lion stock
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in the Notice of Proposed IHA (76 FR
21862, April 19, 2011).
Response: The Notice of Proposed
IHA (76 FR 21862, April 19, 2011) states
that the estimated population of the U.S.
stock of California sea lion ranged from
141,842 to 238,000 animals in 2009. The
peer-reviewed source for the estimate is
the most recent NMFS Stock
Assessment Report (SAR) for California
sea lions (Carretta et al., 2010). The SAR
is available on the Internet at: https://
www.nmfs.noaa.gov/pr/pdfs/sars/
po2009.pdf.
Comment 3: The Commission
recommended that NMFS issue the IHA,
subject to inclusion of the proposed
mitigation and monitoring measures and
also recommended that in the case of
injury or mortality that may have
resulted from the proposed activities,
NMFS require that ULA suspend its
activities until the agency is able to
review the circumstances of the take.
Response: NMFS has included all of
the mitigation and monitoring measures
proposed in the Notice of Proposed IHA
(76 FR 21862, April 19, 2011). The
IHA’s reporting requirements direct
ULA to report all injured or dead marine
mammals (regardless of cause) to NMFS.
In the unanticipated event that any
taking of a marine mammal in a manner
prohibited by the IHA occurs, such as
an injury, serious injury, or mortality,
and are judged to result from the
activities, ULA shall report the incident
to NMFS immediately. ULA will
postpone the activities until NMFS is
able to review the circumstances of the
take. NMFS will work with ULA to
determine whether modifications to the
harbor activities are warranted.
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammal species most
likely to be harassed incidental to
conducting Delta Mariner operations,
cargo unloading activities, and harbor
maintenance activities at VAFB are the
California sea lion, the Pacific harbor
seal, and the northern elephant seal.
California sea lions, Pacific harbor seals,
and northern elephant seals are not
listed as threatened or endangered
under the U.S. Endangered Species Act
of 1973 (ESA; 16 U.S.C. 1531 et seq.),
nor are they categorized as depleted
under the MMPA.
Other cetaceans that have the
potential to transit in the vicinity of the
VAFB harbor include the short-beaked
common dolphin (Delphinus delphis),
the Pacific white-sided dolphin
(Lagenorhynchus obliquidens), and the
gray whale (Eschrichtius robustus).
However, these species are rare in the
immediate harbor area. NMFS included
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a more detailed discussion of the status
of these stocks and their occurrence at
VAFB in the Notice of Proposed IHA (76
FR 21862, April 19, 2011).
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated
by: The use of heavy equipment during
the Delta Mariner off-loading operations
and harbor dredging and the increased
presence of personnel may have the
potential to cause Level B harassment of
any pinnipeds hauled out in the VAFB
harbor. This disturbance from acoustic
and visual stimuli is the principal
means of marine mammal taking
associated with these activities.
The effects of the harbor activities
would be limited to short-term startle
responses and localized behavioral
changes and have the potential to
temporarily displace the animals from a
haul out site. NMFS would expect the
pinnipeds to return to a haulout site
within 60 minutes of the disturbance
(Allen et al., 1985) and does not expect
that the pinnipeds would permanently
abandon a haul-out site during the
conduct of harbor maintenance and
Delta Mariner operations.
Finally, no operations would occur on
pinniped rookeries; therefore, NMFS
does not expect mother and pup
separation or crushing of pups to occur.
For a more detailed discussion of the
sound levels produced by the
equipment, behavioral reactions of
marine mammals to loud noises or
looming visual stimuli, and some
specific observations of the response of
marine mammals to this activity
gathered during previous monitoring,
NMFS refers the reader to the Notice of
Proposed IHA (76 FR 21862, April 19,
2011), the application, and associated
documents.
Anticipated Effects on Habitat
NMFS does not anticipate that the
operations would result in any
temporary or permanent effects on the
habitats used by the marine mammals in
the VAFB harbor, including the food
sources they use (i.e. fish and
invertebrates). NMFS does not
anticipate that there would be any
physical damage to any habitat. While
NMFS anticipates that the specified
activity may result in marine mammals
avoiding certain areas due to temporary
ensonification and human presence, this
impact to habitat is temporary and
reversible which NMFS considered in
further detail earlier in this document
and the Notice of Proposed IHA (76 FR
21862, April 19, 2011), as behavioral
modification.
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Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable impact on such species or
stock and its habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance, and
the availability of such species or stock
for taking for certain subsistence uses.
ULA has based the mitigation
measures described herein, to be
implemented for the habor operations,
on the following:
(1) Protocols used during previous
operations as approved by NMFS; and
(2) Previous IHA applications and
IHAs approved and authorized by
NMFS.
To reduce the potential for
disturbance from visual and acoustic
stimuli associated with the activities,
ULA/and or its designees shall
implement the following mitigating
measures for marine mammals: (1) If
activities occur during nighttime hours,
ULA will turn on lighting equipment
before dusk and the lights shall remain
on for the entire night to avoid startling
pinnipeds; (2) initiate operations before
dusk; (3) keep construction noises at a
constant level (i.e., not interrupted by
periods of quiet in excess of 30 minutes)
while pinnipeds are present; (4) if
activities cease for longer than 30
minutes and pinnipeds are in the area,
ULA shall initiate a gradual start-up of
activities to ensure a gradual increase in
noise levels; (5) a NMFS-qualified
marine mammal observer shall visually
monitor the harbor seals on the beach
adjacent to the harbor and on rocks for
any flushing or other behaviors as a
result of ULA’s activities (see
Monitoring); (6) the Delta Mariner and
accompanying vessels shall enter the
harbor only when the tide is too high for
harbor seals to haul-out on the rocks;
reducing speed to 1.5 to 2 knots (1.5–
2.0 nm/hr; 2.8–3.7 km/hr) once the
vessel is within 3 mi (4.83 km) of the
harbor. The vessel shall enter the harbor
stern first, approaching the wharf and
moorings at less than 0.75 knot (1.4 km/
hr); (7) as alternate dredge methods are
explored, the dredge contractor may
introduce quieter techniques and
equipment.
NMFS has carefully evaluated the
applicant’s proposed mitigation
measures and has considered a range of
other measures in the context of
ensuring that NMFS prescribes the
means of effecting the least practicable
impact on the affected marine mammal
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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 in which, and the degree to
which, the successful implementation of
the measure is expected to minimize
adverse impacts to marine mammals; (2)
the proven or likely efficacy of the
specific measure to minimize impacts as
planned; and (3) the practicability of the
measure for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS
or recommended by the public, NMFS
has determined that the 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.
Monitoring
In order to issue an ITA for an
activity, section 101(a)(5)(D) 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 IHAs 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 in the action
area.
ULA will sponsor a marine mammal
monitor during the present project, in
order to implement the mitigation
measures thus satisfying the monitoring
requirements of the IHA. ULA’s
monitoring activities will consist of:
(1) A NMFS-qualified and VAFBdesignated biologically trained observer
monitoring the area for pinnipeds
during all harbor activities. During
nighttime activities, the monitor would
use a night vision scope.
(2) Conducting baseline observations
of pinnipeds in the project area prior to
initiating project activities.
(3) Conducting and recording
observations on pinnipeds in the
vicinity of the harbor for the duration of
the activity occurring when tides are
low enough (less than or equal to 2 ft
(0.61 m) for pinnipeds to haul out.
(4) Conducting post-construction
observations of pinniped haul-outs in
the project area to determine whether
animals disturbed by the project
activities return to the haul-out.
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Reporting
ULA will notify NMFS two weeks
prior to initiation of each activity. After
the completion of each activity, ULA
will submit a draft final monitoring
report to NMFS within 120 days to the
Director of Office of Protected Resources
at NMFS Headquarters. If ULA receives
no comments from NMFS on the draft
Final Monitoring Report, NMFS would
consider the draft Final Monitoring
Report to be the Final Monitoring
Report.
The final report shall provide dates,
times, durations, and locations of
specific activities, details of pinniped
behavioral observations, and estimates
of numbers of affected pinnipeds and
impacts (behavioral or other). In
addition, the report would include
information on the weather, tidal state,
horizontal visibility, and composition
(species, gender, and age class) and
locations of haul-out group(s).
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by this Authorization, such
as an injury (Level A Harassment),
serious injury or mortality (e.g., shipstrike, gear interaction, and/or
entanglement), ULA shall immediately
cease the specified activities and
immediately report the incident to the
Chief of the Permits, Conservation, and
Education Division, Office of Protected
Resources, NMFS, at 301–713–2289
and/or by e-mail to
Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the
Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov
and Sarah.Wilkin@noaa.gov). The report
must include the following information:
(a) Time, date, and location (latitude/
longitude) of the incident; the name and
type of vessel involved; the vessel’s
speed during and leading up to the
incident; description of the incident;
status of all sound source use in the 24
hours preceding the incident; water
depth; environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
description of marine mammal
observations in the 24 hours preceding
the incident; species identification or
description of the animal(s) involved;
the fate of the animal(s); and
photographs or video footage of the
animal (if equipment is available).
ULA shall not resume its activities
until NMFS is able to review the
circumstances of the prohibited take.
NMFS shall work with ULA to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
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compliance. ULA may not resume their
activities until notified by NMFS via
letter or e-mail, or telephone.
In the event that ULA discovers an
injured or dead marine mammal, and
the NMFS-qualified marine mammal
observer determines that the cause of
the injury or death is unknown and the
death is relatively recent (i.e., in less
than a moderate state of decomposition
as described in the next paragraph),
ULA will immediately report the
incident to the Chief of the Permits
Conservation, and Education Division,
Office of Protected Resources, NMFS,
and to the NMFS Southwest Stranding
Coordinators. The report must include
the same information identified in
Condition (a). ULA may continue its
activities while NMFS reviews the
circumstances of the incident. NMFS
will work with ULA to determine
whether modifications in the activities
are appropriate.
In the event that ULA discovers an
injured or dead marine mammal, and
the NMFS-qualified marine mammal
observer determines that the injury or
death is not associated with or related
to the activities authorized in Condition
2 of this Authorization (e.g., previously
wounded animal, carcass with moderate
to advanced decomposition, or
scavenger damage), ULA shall report the
incident to the Chief of the Permits
Conservation, and Education Division,
Office of Protected Resources, NMFS,
and to the NMFS Southwest Stranding
Coordinators within 24 hours of the
discovery. ULA shall provide
photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
mstockstill on DSK4VPTVN1PROD with NOTICES
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].
NMFS anticipates take by Level B
harassment only as a result of the harbor
maintenance and Delta Mariner
operations in the VAFB harbor. Based
on ULA’s previous monitoring reports,
with the same activities conducted in
the operations area NMFS estimates that
small numbers of Pacific harbor seals,
California sea lions, and northern
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elephant seals could be potentially
affected by Level B behavioral
harassment over the course of the IHA.
For this IHA, NMFS has authorized
the take of 1,075 Pacific harbor seals, 86
California sea lions, and 43 northern
elephant seals. Because of the required
mitigation measures and the likelihood
that some pinnipeds will avoid the area
due to wave inundation of the haulout
area, NMFS expects no injury, serious
injury, or mortality to occur, and no
takes by injury or mortality are
authorized.
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 a
variety of factors, including but not
limited to:
(1) The number of anticipated
mortalities;
(2) The number and nature of
anticipated injuries;
(3) The number, nature, and intensity,
and duration of Level B harassment; and
(4) The context in which the takes
occur.
As mentioned previously, NMFS
estimates that three species of marine
mammals could be potentially affected
by Level B harassment over the course
of the IHA. For each species, these
numbers are small (each, less than two
percent) relative to the population size.
NMFS does not anticipate takes by
Level A harassment, serious injury, or
mortality to occur as a result of ULA’s
activities, and none are authorized.
These species may exhibit behavioral
modifications, including temporarily
vacating the area during the proposed
harbor maintenance and Delta Mariner
operations to avoid the resultant
acoustic and visual disturbances.
However, NMFS anticipates only shortterm behavioral disturbance due to the
brief duration of the proposed activities;
the availability of alternate areas near
the VAFB harbor for pinnipeds to avoid
the resultant noise from the
maintenance and vessel operations; and
that no operations would occur on
pinniped rookeries. Due to the nature,
degree, and context of the behavioral
harassment anticipated, the activities
are not expected to impact rates of
recruitment or survival.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
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33725
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that the impact of
conducting harbor maintenance and
vessel operations from June, 2011,
through June, 2012, will result in the
incidental take of small numbers of
marine mammals, by Level B behavioral
harassment only, and that the total
taking from the ULA’s activities will
have a negligible impact on the affected
species or stocks; and that impacts to
affected species or stocks of marine
mammals would be mitigated to the
lowest level practicable.
Impact on Availability of Affected
Species or Stock 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 purposes.
Endangered Species Act (ESA)
This action will not affect species
listed under the ESA that are under
NMFS’ jurisdiction. VAFB formally
consulted with the U.S. Fish and
Wildlife Service in 1998 on the possible
take of southern sea otters during ULA’s
harbor activities at south VAFB. A
Biological Opinion was issued in
August 2001, which concluded that the
EELV Program is not likely to jeopardize
the continued existence of the southern
sea otter, and no injury or mortality is
expected. The activities covered by this
IHA are analyzed in that Biological
Opinion, and this IHA does not modify
the action in a manner that was not
previously analyzed.
National Environmental Policy Act
(NEPA)
In 2001, the USAF prepared an
Environmental Assessment (EA) for
Harbor Activities Associated with the
Delta IV Program at VAFB. In 2005,
NMFS prepared an EA augmenting the
information contained in the USAF EA
and issued a Finding of No Significant
Impact (FONSI) on the issuance of an
IHA for ULA’s harbor activities in
accordance with section 6.01 of the
NOAA Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999). ULA’s activities and impacts for
2011–2012 are within the scope of
NMFS’ 2005 EA and FONSI. NMFS has
again reviewed the 2005 EA and
determined that there are no new direct,
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indirect or cumulative impacts to the
human and natural environment
associated with the IHA requiring
evaluation in a supplemental EA and
NMFS, therefore, reaffirms the 2005
FONSI. A copy of the EA and the FONSI
for this activity is available upon
request (see ADDRESSES).
Authorization
As a result of these determinations,
NMFS has issued an IHA to ULA to take
marine mammals, by Level B
harassment only, incidental to
conducting Delta Mariner operations,
cargo unloading activities, and harbor
maintenance activities at south VAFB,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: June 6, 2011.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–14335 Filed 6–8–11; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting Notice
Wednesday, June 15,
2011; 10 a.m.–11 a.m.
TIME AND DATE:
Hearing Room 420, Bethesda
Towers, 4330 East-West Highway,
Bethesda, Maryland.
PLACE:
STATUS:
Closed to the Public.
Matter To Be Considered
Compliance Status Report
The Commission staff will brief the
Commission on the status of compliance
matters.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East-West
Highway, Bethesda, MD 20814, (301)
504–7923.
Dated: June 7, 2011.
Todd A Stevenson,
Secretary.
[FR Doc. 2011–14485 Filed 6–7–11; 4:15 pm]
BILLING CODE 6355–01–P
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COUNCIL ON ENVIRONMENTAL
QUALITY
National Ocean Council; Strategic
Action Plan Content Outlines
Council on Environmental
Quality.
ACTION: Notice of Availability, Strategic
Action Plan Content Outlines; Request
for Comments.
AGENCY:
On July 19, 2010, President
Obama signed Executive Order 13547
establishing a National Policy for the
Stewardship of the Ocean, our Coasts,
and the Great Lakes (‘‘National Ocean
Policy’’). The National Ocean Policy
provides an implementation strategy,
which describes nine priority objectives
that seek to address some of the most
pressing challenges facing the ocean,
our coasts, and the Great Lakes. The
National Ocean Council is responsible
for developing strategic action plans for
each of the nine priority objectives. As
a first step, Federal interagency writing
teams have developed content outlines
for each draft strategic action plan. The
NOC is seeking public review and
comment of these content outlines.
The purpose of the draft content
outlines (outlines) is to provide the
public with an initial view of potential
actions that could be taken to further the
national priority objectives. As such,
they are an interim step toward
development of the first full draft of
each strategic action plan. In developing
the outlines, the writing teams were
informed by the comments received
during an initial public scoping period
that closed on April 29.
Each outline presents in bulleted form
potential actions to further the
particular priority objective. It describes
the reasons for taking the action,
expected outcomes and milestones, gaps
and needs in science and technology,
and the timeframe for completing the
action. The outlines also provide an
overview of the priority objective,
greater context for the strategic action
plan in implementing the National
Ocean Policy, and an overview of the
preparation of the plan .
Public comments received on the
outlines will be collated and posted on
the NOC Web site. The comments on the
outlines will inform the preparation of
full draft strategic action plans, which
will be released for public review in the
fall of 2011, allowing additional
opportunity for the public to provide
comments. Final strategic action plans
are expected to be completed by early
2012.
DATES: Comments should be submitted
on or before July 2, 2011.
SUMMARY:
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Content outlines can be
downloaded here: https://
www.whitehouse.gov/administration/
eop/oceans. Comments should be
submitted electronically at https://
www.WhiteHouse.gov/administration/
eop/oceans/comment or can be sent by
mail to: National Ocean Council, 722
Jackson Place, NW., Washington, DC
20503. Comments and input may also be
provided in person by participating in
regional listening sessions that will be
convened throughout the U.S. in the
month of June. You can learn more
about these regional listening sessions
by visiting https://www.WhiteHouse.gov/
oceans.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Michael Weiss, Deputy Associate
Director for Ocean and Coastal Policy, at
(202) 456–3892.
On July
19, 2010, President Obama signed
Executive Order 13547 establishing a
National Policy for the Stewardship of
the Ocean, our Coasts, and the Great
Lakes (‘‘National Ocean Policy’’). That
Executive Order adopts the Final
Recommendations of the Interagency
Ocean Policy Task Force and directs
Federal agencies to take the appropriate
steps to implement them. The Executive
Order creates an interagency National
Ocean Council (NOC) to strengthen
ocean governance and coordination,
identifies nine priority actions for the
NOC to pursue, and adopts a flexible
framework for effective coastal and
marine spatial planning to address
conservation, economic activity, user
conflict, and sustainable use of the
ocean, our coasts, and the Great Lakes.
The National Ocean Policy provides a
comprehensive approach, based on
science and technology, to uphold our
stewardship responsibilities and ensure
accountability for our actions to present
and future generations. The Obama
Administration intends, through the
National Ocean Policy, to provide a
model of balanced, productive, efficient,
sustainable, and informed ocean,
coastal, and Great Lakes use,
management, and conservation. The
Final Recommendations provide an
implementation strategy that describes a
clear set of priority objectives that our
Nation should pursue to further the
National Policy.
The nine priority objectives seek to
address some of the most pressing
challenges facing the ocean, our coasts,
and the Great Lakes. The nine priority
objectives are identified below.
Additional information about each
priority may be found at https://
www.WhiteHouse.gov/oceans.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09JNN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 111 (Thursday, June 9, 2011)]
[Notices]
[Pages 33721-33726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14335]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA449
Takes of Marine Mammals Incidental to Specified Activities;
Harbor Activities Related to the Delta IV/Evolved Expendable Launch
Vehicle at Vandenberg Air Force Base, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to United Launch Alliance
(ULA), to take marine mammals, by Level B harassment, incidental to
conducting Delta Mariner operations, cargo unloading activities, and
harbor maintenance activities related to the Delta IV/Evolved
Expendable Launch Vehicle (Delta IV/EELV) at south Vandenberg Air Force
Base, CA (VAFB).
DATES: Effective June 7, 2011, through June 6, 2012.
ADDRESSES: A copy of the authorization, application, and associated
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) may be obtained by writing to P. Michael Payne, Chief, Permits,
Conservation and Education Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East West Highway, Silver
Spring, MD 20910, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Documents cited in this notice may also be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs
the Secretary of Commerce to authorize, upon request, the incidental,
but not intentional, taking of small numbers of marine mammals of a
species or population stock, by U.S. citizens who
[[Page 33722]]
engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and, if the
taking is limited to harassment, a notice of a proposed authorization
is provided to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s) and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and monitoring and reporting of such takings. NMFS has defined
``negligible impact'' in 50 CFR 216.103 as ``* * * an impact resulting
from the specified activity that cannot be reasonably expected to, and
is not reasonably likely to, adversely affect the species or stock
through effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization. NMFS must publish a notice in the Federal Register
within 30 days of its determination to issue or deny the authorization.
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
NMFS received an application on August 4, 2010, from ULA requesting
the taking by harassment, of small numbers of marine mammals,
incidental to conducting Delta Mariner harbor operations for one year.
NMFS reviewed the ULA application and identified a number of issues
requiring further clarification. After addressing comments from NMFS,
ULA modified its application and submitted a revised application on
February 11, 2011. NMFS determined that application complete and
adequate on March 29, 2011.
These activities (i.e., transport vessel operations, cargo movement
activities, and harbor maintenance dredging) will support Delta IV/EELV
launch activities from the Space Launch Complex at VAFB Harbor and
would occur in the vicinity of a known pinniped haul out site (Small
Haul-out Site 1) located at 34[deg]33.192' N, 120[deg] 36.580'
W.
Acoustic and visual stimuli generated by the use of heavy equipment
during the Delta Mariner off-loading operations and the cargo movement
activities, the increased presence of personnel, and harbor maintenance
dredging may have the potential to cause California sea lions (Zalophus
californianus), Pacific harbor seals (Phoca vitulina), and Northern
elephant seals (Mirounga angustirostris) hauled out on Small Haul-out
Site 1 to flush into VAFB Harbor or to cause a short-term
behavioral disturbance for marine mammals in the area. These types of
disturbances are the principal means of marine mammal taking associated
with these activities, and ULA has requested an authorization to take
1,075 Pacific harbor seals; 86 California sea lions; and 43 Northern
elephant seals by Level B harassment only.
Description of the Specified Geographic Region
The activities will take place in or near the VAFB harbor located
on the central coast of California at 34[deg] 33' N, 120[deg] 36' W in
the northeast Pacific Ocean. The harbor is approximately 2.5 miles (mi)
(4.02 kilometers (km)) south of Point Arguello, CA, and approximately 1
mi (1.61 km) south of the nearest marine mammal rookery.
Description of the Specified Activity
ULA proposes to conduct Delta IV/EELV activities (transport vessel
operations, harbor maintenance dredging, and cargo movement activities)
between June 8, 2011, and June 7, 2012.
To date, NMFS has issued eight, 1-year IHAs to ULA for the conduct
of the same activities from 2002 to 2010, with the last IHA expiring on
September 3, 2010 (74 FR 46742, September 11, 2009).
The Delta IV/EELV launch vehicle is comprised of a common booster
core (CBC), an upper stage, and a payload fairing. The size of the CBC
requires it to be transported to the VAFB launch site by a specially
designed vessel, the Delta Mariner. To allow safe operation of the
Delta Mariner, maintenance dredging within a harbor located in Zone 6
of the Western Space and Missile Center (WSMC) in the Pacific Ocean (33
CFR 334.1130(a)(2)(vi)), ULA requires that the harbor undergo
maintenance on a periodic basis.
Delta Mariner Operations
The Delta Mariner is a 312-foot (ft) (95.1-meter (m)) long, 84-ft
(25.6-m) wide, steel-hulled, ocean-going vessel capable of operating at
an 8-ft (2.4-m) draft. It is a roll-on, roll-off, self-propelled ship
with an enclosed watertight cargo area, a superstructure forward, and a
ramp at the vessel's stern.
Delta Mariner off-loading operations and associated cargo movements
within the harbor would occur at a maximum frequency of four times per
year. The 8,000-horsepower vessel would enter the harbor stern first at
1.5 to 2 knots (1.72 mi per hour (mph)) during daylight hours at high
tide, approaching the wharf at less than 0.75 knot (less than one mph).
At least one tugboat will always accompany the Delta Mariner during
visits to the VAFB harbor. Departure will occur under the previously-
stated conditions.
Harbor Maintenance Activities
ULA must perform maintenance dredging annually or twice per year,
depending on the hardware delivery schedule. To accommodate the Delta
Mariner's draft, ULA would need to remove up to 5,000 cubic yards of
sediment per dredging cycle. Dredging would involve the use of heavy
equipment, including a clamshell dredge, dredging crane, a small tug,
dredging barge, dump trucks, and a skip loader. Dredge operations, from
set-up to tear-down, would continue 24-hours a day for approximately 35
days.
ULA provides a more detailed description of the work proposed for
2011-2012 in the application and the Final U.S. Air Force EA for Harbor
Activities Associated with the Delta IV Program at Vandenberg Air Force
Base (ENSR International, 2001) which are available upon request (see
ADDRESSES).
Cargo Movement Activities
Removal of the CBC from the vessel requires the use of an elevating
platform transporter (EPT). The EPT is powered by a diesel engine
manufactured by Daimler-Chrysler AG (Mercedes), model OM442A, 340HP.
ULA would limit cargo unloading activities to periods of
[[Page 33723]]
high tide. It takes approximately two hours to remove the first CBC
from the cargo bay and six hours to remove a complement of three CBCs.
It would take up to two additional hours to remove remaining cargo
which may consist of two upper stages, one set of fairings, and one
payload attach fitting. The total of 10 hours includes time required to
move the flight hardware to the staging area. Flight hardware items,
other than the CBCs, are packaged in containers equipped with
retractable casters and tow bars. ULA would tow these containers off
the vessel by a standard diesel truck tractor. Noise from the ground
support equipment will be muted while inside the cargo bay and will be
audible to marine mammals only during the time the equipment is in the
harbor area. Cargo movement operations would occur for approximately 43
days (concurrent with the harbor maintenance activities).
NMFS outlined the purpose of the program in the Notice of Proposed
IHA (76 FR 21862, April 19, 2011). The activities to be conducted have
not changed between the Notice of Proposed IHA (76 FR 21862, April 19,
2011) and this final notice announcing the issuance of the IHA. For a
more detailed description of the authorized action, including a
discussion of associated noise sources from the harbor operations, NMFS
refers the reader to the Notice of Proposed IHA (76 FR 21862, April 19,
2011), the application, and associated documents referenced earlier in
this document.
Comments and Responses
NMFS published a notice of receipt of the ULA application and
proposed IHA in the Federal Register on April 19, 2011 (76 FR 21862).
During the 30-day public comment period, NMFS received two comments
from the public and a letter from the Marine Mammal Commission
(Commission). Following are the comments from the public commenter and
the Commission with NMFS' responses.
Comment 1: One commenter opposed the project on the grounds that it
would cause injury or mortality to marine mammals.
Response: As described in detail in the Federal Register notice of
the proposed IHA (76 FR 21862, April 19, 2011), no marine mammal would
be killed or injured as a result of the operations by ULA. The project
would only result in Level B behavioral harassment only of a small
number of marine mammals.
Comment 2: The commenter believed that NMFS inflated the population
estimate for the California sea lion stock in the Notice of Proposed
IHA (76 FR 21862, April 19, 2011).
Response: The Notice of Proposed IHA (76 FR 21862, April 19, 2011)
states that the estimated population of the U.S. stock of California
sea lion ranged from 141,842 to 238,000 animals in 2009. The peer-
reviewed source for the estimate is the most recent NMFS Stock
Assessment Report (SAR) for California sea lions (Carretta et al.,
2010). The SAR is available on the Internet at: https://www.nmfs.noaa.gov/pr/pdfs/sars/po2009.pdf.
Comment 3: The Commission recommended that NMFS issue the IHA,
subject to inclusion of the proposed mitigation and monitoring measures
and also recommended that in the case of injury or mortality that may
have resulted from the proposed activities, NMFS require that ULA
suspend its activities until the agency is able to review the
circumstances of the take.
Response: NMFS has included all of the mitigation and monitoring
measures proposed in the Notice of Proposed IHA (76 FR 21862, April 19,
2011). The IHA's reporting requirements direct ULA to report all
injured or dead marine mammals (regardless of cause) to NMFS. In the
unanticipated event that any taking of a marine mammal in a manner
prohibited by the IHA occurs, such as an injury, serious injury, or
mortality, and are judged to result from the activities, ULA shall
report the incident to NMFS immediately. ULA will postpone the
activities until NMFS is able to review the circumstances of the take.
NMFS will work with ULA to determine whether modifications to the
harbor activities are warranted.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species most likely to be harassed incidental to
conducting Delta Mariner operations, cargo unloading activities, and
harbor maintenance activities at VAFB are the California sea lion, the
Pacific harbor seal, and the northern elephant seal. California sea
lions, Pacific harbor seals, and northern elephant seals are not listed
as threatened or endangered under the U.S. Endangered Species Act of
1973 (ESA; 16 U.S.C. 1531 et seq.), nor are they categorized as
depleted under the MMPA.
Other cetaceans that have the potential to transit in the vicinity
of the VAFB harbor include the short-beaked common dolphin (Delphinus
delphis), the Pacific white-sided dolphin (Lagenorhynchus obliquidens),
and the gray whale (Eschrichtius robustus). However, these species are
rare in the immediate harbor area. NMFS included a more detailed
discussion of the status of these stocks and their occurrence at VAFB
in the Notice of Proposed IHA (76 FR 21862, April 19, 2011).
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated by: The use of heavy
equipment during the Delta Mariner off-loading operations and harbor
dredging and the increased presence of personnel may have the potential
to cause Level B harassment of any pinnipeds hauled out in the VAFB
harbor. This disturbance from acoustic and visual stimuli is the
principal means of marine mammal taking associated with these
activities.
The effects of the harbor activities would be limited to short-term
startle responses and localized behavioral changes and have the
potential to temporarily displace the animals from a haul out site.
NMFS would expect the pinnipeds to return to a haulout site within 60
minutes of the disturbance (Allen et al., 1985) and does not expect
that the pinnipeds would permanently abandon a haul-out site during the
conduct of harbor maintenance and Delta Mariner operations.
Finally, no operations would occur on pinniped rookeries;
therefore, NMFS does not expect mother and pup separation or crushing
of pups to occur. For a more detailed discussion of the sound levels
produced by the equipment, behavioral reactions of marine mammals to
loud noises or looming visual stimuli, and some specific observations
of the response of marine mammals to this activity gathered during
previous monitoring, NMFS refers the reader to the Notice of Proposed
IHA (76 FR 21862, April 19, 2011), the application, and associated
documents.
Anticipated Effects on Habitat
NMFS does not anticipate that the operations would result in any
temporary or permanent effects on the habitats used by the marine
mammals in the VAFB harbor, including the food sources they use (i.e.
fish and invertebrates). NMFS does not anticipate that there would be
any physical damage to any habitat. While NMFS anticipates that the
specified activity may result in marine mammals avoiding certain areas
due to temporary ensonification and human presence, this impact to
habitat is temporary and reversible which NMFS considered in further
detail earlier in this document and the Notice of Proposed IHA (76 FR
21862, April 19, 2011), as behavioral modification.
[[Page 33724]]
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and the availability of such species or
stock for taking for certain subsistence uses.
ULA has based the mitigation measures described herein, to be
implemented for the habor operations, on the following:
(1) Protocols used during previous operations as approved by NMFS;
and
(2) Previous IHA applications and IHAs approved and authorized by
NMFS.
To reduce the potential for disturbance from visual and acoustic
stimuli associated with the activities, ULA/and or its designees shall
implement the following mitigating measures for marine mammals: (1) If
activities occur during nighttime hours, ULA will turn on lighting
equipment before dusk and the lights shall remain on for the entire
night to avoid startling pinnipeds; (2) initiate operations before
dusk; (3) keep construction noises at a constant level (i.e., not
interrupted by periods of quiet in excess of 30 minutes) while
pinnipeds are present; (4) if activities cease for longer than 30
minutes and pinnipeds are in the area, ULA shall initiate a gradual
start-up of activities to ensure a gradual increase in noise levels;
(5) a NMFS-qualified marine mammal observer shall visually monitor the
harbor seals on the beach adjacent to the harbor and on rocks for any
flushing or other behaviors as a result of ULA's activities (see
Monitoring); (6) the Delta Mariner and accompanying vessels shall enter
the harbor only when the tide is too high for harbor seals to haul-out
on the rocks; reducing speed to 1.5 to 2 knots (1.5-2.0 nm/hr; 2.8-3.7
km/hr) once the vessel is within 3 mi (4.83 km) of the harbor. The
vessel shall enter the harbor stern first, approaching the wharf and
moorings at less than 0.75 knot (1.4 km/hr); (7) as alternate dredge
methods are explored, the dredge contractor may introduce quieter
techniques and equipment.
NMFS has carefully evaluated the applicant's proposed mitigation
measures and has considered a range of other measures in the context of
ensuring that NMFS prescribes the means of effecting the least
practicable 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 in which, and the degree to which, the successful
implementation of the measure is expected to minimize adverse impacts
to marine mammals; (2) the proven or likely efficacy of the specific
measure to minimize impacts as planned; and (3) the practicability of
the measure for applicant implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS or recommended by the public,
NMFS has determined that the 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.
Monitoring
In order to issue an ITA for an activity, section 101(a)(5)(D) 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 IHAs
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 in the action area.
ULA will sponsor a marine mammal monitor during the present
project, in order to implement the mitigation measures thus satisfying
the monitoring requirements of the IHA. ULA's monitoring activities
will consist of:
(1) A NMFS-qualified and VAFB-designated biologically trained
observer monitoring the area for pinnipeds during all harbor
activities. During nighttime activities, the monitor would use a night
vision scope.
(2) Conducting baseline observations of pinnipeds in the project
area prior to initiating project activities.
(3) Conducting and recording observations on pinnipeds in the
vicinity of the harbor for the duration of the activity occurring when
tides are low enough (less than or equal to 2 ft (0.61 m) for pinnipeds
to haul out.
(4) Conducting post-construction observations of pinniped haul-outs
in the project area to determine whether animals disturbed by the
project activities return to the haul-out.
Reporting
ULA will notify NMFS two weeks prior to initiation of each
activity. After the completion of each activity, ULA will submit a
draft final monitoring report to NMFS within 120 days to the Director
of Office of Protected Resources at NMFS Headquarters. If ULA receives
no comments from NMFS on the draft Final Monitoring Report, NMFS would
consider the draft Final Monitoring Report to be the Final Monitoring
Report.
The final report shall provide dates, times, durations, and
locations of specific activities, details of pinniped behavioral
observations, and estimates of numbers of affected pinnipeds and
impacts (behavioral or other). In addition, the report would include
information on the weather, tidal state, horizontal visibility, and
composition (species, gender, and age class) and locations of haul-out
group(s).
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by this
Authorization, such as an injury (Level A Harassment), serious injury
or mortality (e.g., ship-strike, gear interaction, and/or
entanglement), ULA shall immediately cease the specified activities and
immediately report the incident to the Chief of the Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS, at 301-713-2289 and/or by e-mail to Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov and Sarah.Wilkin@noaa.gov). The
report must include the following information: (a) Time, date, and
location (latitude/longitude) of the incident; the name and type of
vessel involved; the vessel's speed during and leading up to the
incident; description of the incident; status of all sound source use
in the 24 hours preceding the incident; water depth; environmental
conditions (e.g., wind speed and direction, Beaufort sea state, cloud
cover, and visibility); description of marine mammal observations in
the 24 hours preceding the incident; species identification or
description of the animal(s) involved; the fate of the animal(s); and
photographs or video footage of the animal (if equipment is available).
ULA shall not resume its activities until NMFS is able to review
the circumstances of the prohibited take. NMFS shall work with ULA to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA
[[Page 33725]]
compliance. ULA may not resume their activities until notified by NMFS
via letter or e-mail, or telephone.
In the event that ULA discovers an injured or dead marine mammal,
and the NMFS-qualified marine mammal observer determines that the cause
of the injury or death is unknown and the death is relatively recent
(i.e., in less than a moderate state of decomposition as described in
the next paragraph), ULA will immediately report the incident to the
Chief of the Permits Conservation, and Education Division, Office of
Protected Resources, NMFS, and to the NMFS Southwest Stranding
Coordinators. The report must include the same information identified
in Condition (a). ULA may continue its activities while NMFS reviews
the circumstances of the incident. NMFS will work with ULA to determine
whether modifications in the activities are appropriate.
In the event that ULA discovers an injured or dead marine mammal,
and the NMFS-qualified marine mammal observer determines that the
injury or death is not associated with or related to the activities
authorized in Condition 2 of this Authorization (e.g., previously
wounded animal, carcass with moderate to advanced decomposition, or
scavenger damage), ULA shall report the incident to the Chief of the
Permits Conservation, and Education Division, Office of Protected
Resources, NMFS, and to the NMFS Southwest Stranding Coordinators
within 24 hours of the discovery. ULA shall provide photographs or
video footage (if available) or other documentation of the stranded
animal sighting to NMFS and the Marine Mammal Stranding Network.
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].
NMFS anticipates take by Level B harassment only as a result of the
harbor maintenance and Delta Mariner operations in the VAFB harbor.
Based on ULA's previous monitoring reports, with the same activities
conducted in the operations area NMFS estimates that small numbers of
Pacific harbor seals, California sea lions, and northern elephant seals
could be potentially affected by Level B behavioral harassment over the
course of the IHA.
For this IHA, NMFS has authorized the take of 1,075 Pacific harbor
seals, 86 California sea lions, and 43 northern elephant seals. Because
of the required mitigation measures and the likelihood that some
pinnipeds will avoid the area due to wave inundation of the haulout
area, NMFS expects no injury, serious injury, or mortality to occur,
and no takes by injury or mortality are authorized.
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 a variety of factors, including but not limited to:
(1) The number of anticipated mortalities;
(2) The number and nature of anticipated injuries;
(3) The number, nature, and intensity, and duration of Level B
harassment; and
(4) The context in which the takes occur.
As mentioned previously, NMFS estimates that three species of
marine mammals could be potentially affected by Level B harassment over
the course of the IHA. For each species, these numbers are small (each,
less than two percent) relative to the population size.
NMFS does not anticipate takes by Level A harassment, serious
injury, or mortality to occur as a result of ULA's activities, and none
are authorized. These species may exhibit behavioral modifications,
including temporarily vacating the area during the proposed harbor
maintenance and Delta Mariner operations to avoid the resultant
acoustic and visual disturbances. However, NMFS anticipates only short-
term behavioral disturbance due to the brief duration of the proposed
activities; the availability of alternate areas near the VAFB harbor
for pinnipeds to avoid the resultant noise from the maintenance and
vessel operations; and that no operations would occur on pinniped
rookeries. Due to the nature, degree, and context of the behavioral
harassment anticipated, the activities are not expected to impact rates
of recruitment or survival.
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 finds that the impact of conducting harbor maintenance
and vessel operations from June, 2011, through June, 2012, will result
in the incidental take of small numbers of marine mammals, by Level B
behavioral harassment only, and that the total taking from the ULA's
activities will have a negligible impact on the affected species or
stocks; and that impacts to affected species or stocks of marine
mammals would be mitigated to the lowest level practicable.
Impact on Availability of Affected Species or Stock 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 purposes.
Endangered Species Act (ESA)
This action will not affect species listed under the ESA that are
under NMFS' jurisdiction. VAFB formally consulted with the U.S. Fish
and Wildlife Service in 1998 on the possible take of southern sea
otters during ULA's harbor activities at south VAFB. A Biological
Opinion was issued in August 2001, which concluded that the EELV
Program is not likely to jeopardize the continued existence of the
southern sea otter, and no injury or mortality is expected. The
activities covered by this IHA are analyzed in that Biological Opinion,
and this IHA does not modify the action in a manner that was not
previously analyzed.
National Environmental Policy Act (NEPA)
In 2001, the USAF prepared an Environmental Assessment (EA) for
Harbor Activities Associated with the Delta IV Program at VAFB. In
2005, NMFS prepared an EA augmenting the information contained in the
USAF EA and issued a Finding of No Significant Impact (FONSI) on the
issuance of an IHA for ULA's harbor activities in accordance with
section 6.01 of the NOAA Administrative Order 216-6 (Environmental
Review Procedures for Implementing the National Environmental Policy
Act, May 20, 1999). ULA's activities and impacts for 2011-2012 are
within the scope of NMFS' 2005 EA and FONSI. NMFS has again reviewed
the 2005 EA and determined that there are no new direct,
[[Page 33726]]
indirect or cumulative impacts to the human and natural environment
associated with the IHA requiring evaluation in a supplemental EA and
NMFS, therefore, reaffirms the 2005 FONSI. A copy of the EA and the
FONSI for this activity is available upon request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an IHA to ULA
to take marine mammals, by Level B harassment only, incidental to
conducting Delta Mariner operations, cargo unloading activities, and
harbor maintenance activities at south VAFB, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: June 6, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-14335 Filed 6-8-11; 8:45 am]
BILLING CODE 3510-22-P
