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, 60109-60113 [2012-24204]
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices
60109
Tentative date
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Meeting locations
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November 1, 2012 ......
5:00–8:00 pm ............
217 Fort Johnson Rd., Charleston, SC 29412.
November 8, 2012 ......
November 14, 2012 ....
5:00–8:00 pm ............
2:00–5:00 pm ............
SC Dept of Natural Resources Marine Resources Research Institute Auditorium.
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November 27, 2012 ....
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December 5, 2012 ......
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December 13, 2012 ....
5:00–8:00 pm ............
Dare County Administration Building, Room
168.
Texas Parks and Wildlife Department .............
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interpretation or other auxiliary aids
should be directed to Delisse Ortiz at
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Dated: September 27, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–24205 Filed 10–1–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC187
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.
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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
SUMMARY:
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harassment, incidental to conducting
Delta Mariner activities related to the
Delta IV/Evolved Expendable Launch
Vehicle (Delta IV/EELV) at south
Vandenberg Air Force Base, CA (VAFB).
DATES: Effective September 26, 2012,
through September 25, 2013.
ADDRESSES: To obtain an electronic
copy of the authorization, application,
and associated Environmental
Assessment (EA) and Finding of No
Significant Impact (FONSI), write to the
previously mentioned address,
telephone the contact listed here (see
FOR FURTHER INFORMATION CONTACT), or
download the file 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) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA
(MMPA; 16 U.S.C. 1361 et seq.) 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 United States
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region
if: (1) We make certain findings; (2) the
taking is limited to harassment; and (3)
we provide a notice of a proposed
authorization to the public for review.
Authorization shall be granted for the
incidental taking of small numbers of
marine mammals if we, NMFS, find 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
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01930.
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27954.
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and its habitat; and requirements
pertaining to the mitigation, monitoring
and reporting of such takings.
We have 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 Marine
Mammal Protection Act 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
Act establishes a 45-day time limit for
our 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, we must either issue or deny the
authorization and must publish a notice
in the Federal Register within 30 days
of our determination to issue or deny
the authorization.
Except with respect to certain
activities not applicable here, the
Marine Mammal Protection Act 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
We received an application on May 7,
2012, from United Launch Alliance
requesting the taking, by Level B
harassment only, of small numbers of
marine mammals, incidental to
conducting Delta Mariner harbor
operations for one year. We determined
the application complete and adequate
on June 5, 2012.
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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
Vandenberg Air Force Base (Base) and
would occur in the vicinity of a known
pinniped haul out site (Small Haul-out
Site #1 in the Application) located in a
harbor on the southwest section of the
Base.
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.
We have outlined the purpose of the
program in a previous notice for the
proposed Authorization (77 FR 38587,
June 28, 2012). ULA’s proposed
activities have not changed between the
proposed IHA notice and this final
notice announcing the issuance of the
Authorization. For a more detailed
description of the authorized action,
including a discussion of associated
noise sources from the harbor
operations, refer to the notice of the
proposed IHA (77 FR 38587, June 28,
2012) and the application for a more
detailed description of the authorized
action.
This is ULA’s tenth request for an
Authorization and they have requested
take of Pacific harbor seals; California
sea lions; and Northern elephant seals
by Level B harassment only. To date, we
have issued nine, 1-year, Incidental
Harassment Authorizations to them for
the same activities from 2002 to 2011,
with the last Authorization expiring on
June 6, 2012 (76 FR 33721, June 9,
2011).
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
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of Point Arguello, CA, and
approximately 1 mi (1.61 km) south of
the nearest marine mammal rookery.
Comments and Responses
We published a notice of receipt of
the ULA application and proposed IHA
in the Federal Register on June 28, 2012
(77 FR 38587). During the 30-day public
comment period, we received one
comment from the Marine Mammal
Commission (Commission).
Comment 1: The Commission
recommended that we issue the IHA,
subject to inclusion of the proposed
mitigation and monitoring measures.
Response: The issued IHA will
include all of the mitigation and
monitoring measures that we proposed
in the notice of the proposed IHA (77 FR
38587, June 28, 2012).
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 activities at
the Base 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
Base’s 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. We included a
more detailed discussion of the status of
these stocks and their occurrence at the
Base in the notice of the proposed IHA
(77 FR 38587, June 28, 2012).
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. We would expect the
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pinnipeds to return to a haulout site
within 60 minutes of the disturbance
(Allen et al., 1985) and do not expect
that the pinnipeds would permanently
abandon a haul-out site during the
conduct of harbor maintenance and
Delta Mariner operations.
None of ULA’s operations would
occur on pinniped rookeries; therefore,
we do 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,
we refer the reader to the notice of the
proposed IHA (77 FR 38587, June 28,
2012), the application, and associated
documents.
Anticipated Effects on Habitat
We do not anticipate that the
proposed operations would result in any
temporary or permanent effects on the
habitats used by the marine mammals in
the proposed area, including the food
sources they use (i.e. fish and
invertebrates). We do not anticipate that
there would be any physical damage to
any habitat. While we anticipate 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 we
considered in detail in the notice of the
proposed IHA (77 FR 38587, June 28,
2012), as behavioral modification.
Mitigation
In order to issue an incidental take
authorization under section 101(a)(5)(D)
of the Marine Mammal Protection Act,
we must set forth the permissible
methods of taking pursuant to such
activity, and other means of effecting
the least practicable adverse impact on
such species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and 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 harbor operations, on
the following:
(1) Protocols used during previous
operations as required by us; and
(2) Previous Authorization
applications and Authorizations issued
by us.
To reduce the potential for
disturbance from visual and acoustic
stimuli associated with the activities,
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ULA/and or its designees shall
implement the following mitigating
measures for marine mammals:
(1) If activities occur during nighttime
hours, United Launch Alliance will turn
on lighting equipment before dusk. The
lights would 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, United Launch Alliance would
initiate a gradual start-up of activities to
ensure a gradual increase in noise
levels.
(5) A qualified marine mammal
observer would 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 United
Launch Alliance’s activities (see
Proposed Monitoring).
(6) The Delta Mariner and
accompanying vessels would 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 would enter the
harbor stern first, approaching the wharf
and moorings at less than 0.75 knot (1.4
km/hr).
(7) As United Launch Alliance
explores alternate dredge methods, the
dredge contractor may introduce quieter
techniques and equipment.
We have carefully evaluated the
applicant’s proposed mitigation
measures and have considered a range
of other measures in the context of
ensuring that we prescribe 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 us or
recommended by the public, we have
determined that the mitigation measures
provide the means of effecting the least
practicable adverse impacts on marine
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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) Designating a qualified and
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 observation 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
United Launch Alliance will notify us
two weeks prior to initiation of each
activity. After the completion of each
activity, they will submit a draft final
monitoring report to us within 120 days
to the Director of the Office of Protected
Resources at our headquarters. If United
Launch Alliance receives no comments
from us on the draft Final Monitoring
Report, we would consider the draft
Final Monitoring Report to be the Final
Monitoring Report.
The final report would 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
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60111
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 the authorization (if
issued), such as an injury (Level A
harassment), serious injury or mortality
(e.g., ship-strike, gear interaction, and/or
entanglement), United Launch Alliance
shall immediately cease the specified
activities and immediately report the
incident to the Incidental Take Program
Supervisor, Permits and Conservation
Division, Office of Protected Resources,
NMFS, at 301–427–8401 and/or by
email to Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov). The report
must include the following information:
• Time, date, and location (latitude/
longitude) of the incident;
• Name and type of vessel involved;
• 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 all marine mammal
observations in the 24 hours preceding
the incident;
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
United Launch Alliance shall not
resume its activities until we are able to
review the circumstances of the
prohibited take. We shall work with
them to determine what is necessary to
minimize the likelihood of further
prohibited take and ensure Marine
Mammal Protection Act compliance.
They may not resume their activities
until notified by us via letter, email, or
telephone.
In the event that United Launch
Alliance discovers an injured or dead
marine mammal, and the 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 we
describe in the next paragraph), the
United Launch Alliance will
immediately report the incident to the
Incidental Take Program Supervisor,
Permits and Conservation Division,
Office of Protected Resources, at 301–
427–8401 and/or by email to
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Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov). The report
must include the same information
identified in the paragraph above this
section. Activities may continue while
we review the circumstances of the
incident. We will work with the United
Launch Alliance to determine whether
modifications in the activities are
appropriate.
In the event that United Launch
Alliance discovers an injured or dead
marine mammal, and the observer
determines that the injury or death is
not associated with or related to the
authorized activities (e.g., previously
wounded animal, carcass with moderate
to advanced decomposition, or
scavenger damage), United Launch
Alliance will report the incident to the
Incidental Take Program Supervisor,
Permits and Conservation Division,
Office of Protected Resources, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and the Southwest
Regional Stranding Coordinator at (562)
980–3230 (Sarah.Wilkin@noaa.gov),
within 24 hours of the discovery. United
Launch Alliance will provide
photographs or video footage (if
available) or other documentation of the
stranded animal sighting to us.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the Marine
Mammal Protection Act 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].
We anticipate take by Level B
harassment only as a result of the harbor
maintenance and Delta Mariner
operations in the VAFB harbor. Based
on previous monitoring reports, with
the same activities conducted in the
proposed operations area, we estimate
that approximately 1,161 Pacific harbor
seals; 86 California sea lions; and 43
northern elephant seals could be
potentially affected by Level B
behavioral harassment over the course
of the period of effectiveness of the
proposed Authorization. We base these
estimates on historical pinniped survey
counts from 2001 to 2011 and calculated
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takes by multiplying the average of the
maximum abundance by 43 days (i.e.,
the total number of operational days).
Thus, United Launch Alliance requests
an Authorization to incidentally harass
approximately 1,161 Pacific harbor seals
(27 animals times 43 days), 86
California sea lions (2 animals times 43
days), and 43 northern elephant seals (1
animal times 43 days).
For this IHA, NMFS has authorized
the take of 1,161 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, we 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
We have 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, we consider:
(1) The number of anticipated
injuries, serious injuries, or mortalities;
(2) The number, nature, and intensity,
and duration of Level B harassment (all
relatively limited); and
(3) The context in which the takes
occur (i.e., impacts to areas of
significance, impacts to local
populations, and cumulative impacts
when taking into account successive/
contemporaneous actions when added
to baseline data);
(4) The status of stock or species of
marine mammals (i.e., depleted, not
depleted, decreasing, increasing, stable,
impact relative to the size of the
population);
(5) Impacts on habitat affecting rates
of recruitment/survival; and
(6) The effectiveness of monitoring
and mitigation measures.
As mentioned previously, we estimate
that three species of marine mammals
could be potentially affected by Level B
harassment over the course of the
Authorization. For each species, these
numbers are small relative to the
population size. These incidental
harassment numbers represent 0.03
percent of the U.S. stock of California
sea lion, 3.8 percent of the California
stock of Pacific harbor seal, and 0.03
percent of the California breeding stock
of northern elephant seal.
For reasons stated previously in this
document, United Launch Alliance’s
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specified activities are not likely to
cause long-term behavioral disturbance,
abandonment of the haulout area,
serious injury, or mortality because:
(1) The effects of the harbor activities
are expected to be limited to short-term
startle responses and localized
behavioral changes. Minor and brief
responses, such as short-duration startle
or alert reactions, are not likely to
constitute disruption of behavioral
patterns, such as migration, nursing,
breeding, feeding, or sheltering.
(2) The likelihood that marine
mammal detection by trained, visual
observers is high at close proximity the
harbor;
(3) Delta Mariner off-loading
operations and associated cargo
movements within the harbor would
occur at a maximum frequency of four
times per year and the vessel’s arrival
and departure would occur during
daylight hours at high tide when the
haulout areas are fully submerged and
few, if any, pinnipeds are present in the
harbor;
(4) The relatively slow operational
speed of the Delta Mariner (1.5 to 2 kts;
1.72 mph) during its approach to the
harbor at high tide and the vessel’s slow
operational speed (0.75 kts; 0.86 mph)
during its approach to the wharf;
(5) There is no potential for largescale movements leading to serious
injury or mortality near the south Base
harbor because, historically, the number
of harbor seals hauled out near the site
is less than 30 individuals;
(6) The specified activities do not
occur near rookeries;
(7) The availability of alternate areas
near the harbor for pinnipeds to avoid
the resultant noise from the
maintenance and vessel operations.
Results from previous monitoring
reports that support our conclusions
that the pinnipeds returned to the haulout site during periods of low tide after
the disturbance and do not permanently
abandon a haul-out site during the
conduct of harbor maintenance and
Delta Mariner operations.
We do not anticipate that any injuries,
serious injuries, or mortalities would
occur as a result of ULA’s proposed
activities, and we do not propose to
authorize injury, serious injury or
mortality. 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. Due to the nature, degree,
and context of the behavioral
harassment anticipated, the activities
are not expected to impact rates of
recruitment or survival. Further, these
E:\FR\FM\02OCN1.SGM
02OCN1
Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices
wreier-aviles on DSK5TPTVN1PROD with NOTICES
proposed activities would not take place
in areas of significance for marine
mammal feeding, resting, breeding, or
calving and would not adversely impact
marine mammal habitat.
We have determined, provided that
ULA carries out the previously
described mitigation and monitoring
measures, that the impact of conducting
harbor activities related to the Delta IV/
Evolved Expendable Launch Vehicle at
Vandenberg Air Force Base, CA,
September 2012, through September
2013, may result, at worst, in a
temporary modification in behavior
and/or low-level physiological effects
(Level B harassment) of small numbers
of certain species of marine mammals.
Based on the analysis contained here
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, have
determined that the total taking from the
proposed 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 Section 101(a)(5)(D) of
the Marine Mammal Protection Act also
requires us 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
(northeastern Pacific Ocean) that
implicate section 101(a)(5)(D) of the
Marine Mammal Protection Act.
Endangered Species Act (ESA)
This action will not affect species
listed under the Endangered Species Act
that are under our jurisdiction. The U.S.
Fish and Wildlife Service issued a
Biological Opinion in August 2001,
which concluded that the program was
not likely to jeopardize the continued
existence of the southern sea otter. The
activities covered by our Incidental
Harassment Authorization are analyzed
in that Biological Opinion, and this
Authorization does not modify the
action in a manner not previously
analyzed.
National Environmental Policy Act
(NEPA)
In 2001, the U.S. Air Force (Air Force)
prepared an Environmental Assessment
for Harbor Activities Associated with
the Delta IV Program at Vandenberg Air
Force Base. In 2005, we prepared an
VerDate Mar<15>2010
15:04 Oct 01, 2012
Jkt 229001
60113
Environmental Assessment augmenting
the information contained in the Air
Force’s EA and issued a Finding of No
Significant Impact on the issuance of an
Incidental Harassment Authorization for
United Launch Alliance’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). United Launch Alliance’s
proposed activities and impacts for
2012–2013 are within the scope of our
2005 Environmental Assessment and
Finding of No Significant Impact. We
have again reviewed the 2005
Environmental Assessment and
determined that there are no new direct,
indirect or cumulative impacts to the
human and natural environment
associated with the Incidental
Harassment Authorization requiring
evaluation in a supplemental
Environmental Assessment and we,
therefore, we reaffirm the 2005 Finding
of No Significant Impact.
with the CFTC, the ‘‘Commissions’’) are
reopening the comment period for a
study to determine whether stable value
contracts (‘‘SVCs’’) fall within the
definition of a swap. The study is
required by Section 719(d) of the DoddFrank Wall Street Reform and Consumer
Protection Act (the ‘‘Dodd-Frank Act’’).
The original comment period for the
study closed on September 26, 2011.
The Commissions did not complete the
study pending adoption of final rules
further defining the terms ‘‘swap’’ and
‘‘security-based swap.’’ The
Commissions are considering the study
in light of the recent adoption of these
final rules. Accordingly, the
Commissions are reopening for 30 days
the time period in which to provide the
Commissions with comments.
DATES: Comments should be received on
or before November 1, 2012.
ADDRESSES: Comments may be
submitted by any of the following
methods:
Authorization
• Agency Web site, via its Comments
Online process: https://comments.cftc.
gov. Follow the instructions for
submitting comments through the Web
site.
• Mail: Sauntia S. Warfield, Assistant
Secretary, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581.
• Hand Delivery/Courier: Same as
mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Please submit your comments using
only one method. ‘‘Stable Value
Contract Study’’ must be in the subject
field of responses submitted via email,
and clearly indicated on written
submissions. All comments must be
submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the CFTC
to consider information that you believe
is exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures established in section
145.9 of the CFTC’s regulations.1
The CFTC reserves the right, but shall
have no obligation, to review, prescreen, filter, redact, refuse, or remove
any or all of your submission from www.
cftc.gov that it may deem to be
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: September 26, 2012.
Helen M. Golde,
Acting Office Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2012–24204 Filed 10–1–12; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67927; File No. S7–32–11]
Acceptance of Public Submissions
Regarding the Study of Stable Value
Contracts
Commodity Futures Trading
Commission; Securities and Exchange
Commission.
ACTION: Request for comment; reopening
of comment period.
AGENCY:
The Commodity Futures
Trading Commission (the ‘‘CFTC’’) and
the Securities and Exchange
Commission (the ‘‘SEC’’ and, together
SUMMARY:
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
CFTC
1 17
E:\FR\FM\02OCN1.SGM
CFR 145.9.
02OCN1
]]>Agencies
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60109-60113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24204]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC187
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 activities related to the Delta IV/Evolved
Expendable Launch Vehicle (Delta IV/EELV) at south Vandenberg Air Force
Base, CA (VAFB).
DATES: Effective September 26, 2012, through September 25, 2013.
ADDRESSES: To obtain an electronic copy of the authorization,
application, and associated Environmental Assessment (EA) and Finding
of No Significant Impact (FONSI), write to the previously mentioned
address, telephone the contact listed here (see FOR FURTHER INFORMATION
CONTACT), or download the file 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) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (MMPA; 16 U.S.C. 1361 et seq.)
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 United States citizens who
engage in a specified activity (other than commercial fishing) within a
specified geographical region if: (1) We make certain findings; (2) the
taking is limited to harassment; and (3) we provide a notice of a
proposed authorization to the public for review.
Authorization shall be granted for the incidental taking of small
numbers of marine mammals if we, NMFS, find 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 requirements pertaining to the mitigation, monitoring and
reporting of such takings.
We have 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 Marine Mammal Protection Act
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 Act
establishes a 45-day time limit for our 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, we
must either issue or deny the authorization and must publish a notice
in the Federal Register within 30 days of our determination to issue or
deny the authorization.
Except with respect to certain activities not applicable here, the
Marine Mammal Protection Act 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
We received an application on May 7, 2012, from United Launch
Alliance requesting the taking, by Level B harassment only, of small
numbers of marine mammals, incidental to conducting Delta Mariner
harbor operations for one year. We determined the application complete
and adequate on June 5, 2012.
[[Page 60110]]
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 Vandenberg Air Force
Base (Base) and would occur in the vicinity of a known pinniped haul
out site (Small Haul-out Site 1 in the Application) located in
a harbor on the southwest section of the Base.
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.
We have outlined the purpose of the program in a previous notice
for the proposed Authorization (77 FR 38587, June 28, 2012). ULA's
proposed activities have not changed between the proposed IHA notice
and this final notice announcing the issuance of the Authorization. For
a more detailed description of the authorized action, including a
discussion of associated noise sources from the harbor operations,
refer to the notice of the proposed IHA (77 FR 38587, June 28, 2012)
and the application for a more detailed description of the authorized
action.
This is ULA's tenth request for an Authorization and they have
requested take of Pacific harbor seals; California sea lions; and
Northern elephant seals by Level B harassment only. To date, we have
issued nine, 1-year, Incidental Harassment Authorizations to them for
the same activities from 2002 to 2011, with the last Authorization
expiring on June 6, 2012 (76 FR 33721, June 9, 2011).
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.
Comments and Responses
We published a notice of receipt of the ULA application and
proposed IHA in the Federal Register on June 28, 2012 (77 FR 38587).
During the 30-day public comment period, we received one comment from
the Marine Mammal Commission (Commission).
Comment 1: The Commission recommended that we issue the IHA,
subject to inclusion of the proposed mitigation and monitoring
measures.
Response: The issued IHA will include all of the mitigation and
monitoring measures that we proposed in the notice of the proposed IHA
(77 FR 38587, June 28, 2012).
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 activities at the Base 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 Base's 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. We included a more detailed
discussion of the status of these stocks and their occurrence at the
Base in the notice of the proposed IHA (77 FR 38587, June 28, 2012).
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. We
would expect the pinnipeds to return to a haulout site within 60
minutes of the disturbance (Allen et al., 1985) and do not expect that
the pinnipeds would permanently abandon a haul-out site during the
conduct of harbor maintenance and Delta Mariner operations.
None of ULA's operations would occur on pinniped rookeries;
therefore, we do 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, we refer the reader to the notice of the proposed
IHA (77 FR 38587, June 28, 2012), the application, and associated
documents.
Anticipated Effects on Habitat
We do not anticipate that the proposed operations would result in
any temporary or permanent effects on the habitats used by the marine
mammals in the proposed area, including the food sources they use (i.e.
fish and invertebrates). We do not anticipate that there would be any
physical damage to any habitat. While we anticipate 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 we considered in detail in the notice of
the proposed IHA (77 FR 38587, June 28, 2012), as behavioral
modification.
Mitigation
In order to issue an incidental take authorization under section
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the
permissible methods of taking pursuant to such activity, and other
means of effecting the least practicable adverse impact on such species
or stock and its habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance, and 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 harbor operations, on the following:
(1) Protocols used during previous operations as required by us;
and
(2) Previous Authorization applications and Authorizations issued
by us.
To reduce the potential for disturbance from visual and acoustic
stimuli associated with the activities,
[[Page 60111]]
ULA/and or its designees shall implement the following mitigating
measures for marine mammals:
(1) If activities occur during nighttime hours, United Launch
Alliance will turn on lighting equipment before dusk. The lights would
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, United Launch Alliance would initiate a gradual start-
up of activities to ensure a gradual increase in noise levels.
(5) A qualified marine mammal observer would 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 United Launch Alliance's
activities (see Proposed Monitoring).
(6) The Delta Mariner and accompanying vessels would 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
would enter the harbor stern first, approaching the wharf and moorings
at less than 0.75 knot (1.4 km/hr).
(7) As United Launch Alliance explores alternate dredge methods,
the dredge contractor may introduce quieter techniques and equipment.
We have carefully evaluated the applicant's proposed mitigation
measures and have considered a range of other measures in the context
of ensuring that we prescribe 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 us or recommended by the public,
we have 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) Designating a qualified and 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 observation 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
United Launch Alliance will notify us two weeks prior to initiation
of each activity. After the completion of each activity, they will
submit a draft final monitoring report to us within 120 days to the
Director of the Office of Protected Resources at our headquarters. If
United Launch Alliance receives no comments from us on the draft Final
Monitoring Report, we would consider the draft Final Monitoring Report
to be the Final Monitoring Report.
The final report would 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 the
authorization (if issued), such as an injury (Level A harassment),
serious injury or mortality (e.g., ship-strike, gear interaction, and/
or entanglement), United Launch Alliance shall immediately cease the
specified activities and immediately report the incident to the
Incidental Take Program Supervisor, Permits and Conservation Division,
Office of Protected Resources, NMFS, at 301-427-8401 and/or by email to
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
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 all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
United Launch Alliance shall not resume its activities until we are
able to review the circumstances of the prohibited take. We shall work
with them to determine what is necessary to minimize the likelihood of
further prohibited take and ensure Marine Mammal Protection Act
compliance. They may not resume their activities until notified by us
via letter, email, or telephone.
In the event that United Launch Alliance discovers an injured or
dead marine mammal, and the 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 we describe in the next
paragraph), the United Launch Alliance will immediately report the
incident to the Incidental Take Program Supervisor, Permits and
Conservation Division, Office of Protected Resources, at 301-427-8401
and/or by email to
[[Page 60112]]
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov). The report must include the same information
identified in the paragraph above this section. Activities may continue
while we review the circumstances of the incident. We will work with
the United Launch Alliance to determine whether modifications in the
activities are appropriate.
In the event that United Launch Alliance discovers an injured or
dead marine mammal, and the observer determines that the injury or
death is not associated with or related to the authorized activities
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), United Launch Alliance will report
the incident to the Incidental Take Program Supervisor, Permits and
Conservation Division, Office of Protected Resources, at 301-427-8401
and/or by email to Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and
the Southwest Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov), within 24 hours of the discovery. United
Launch Alliance will provide photographs or video footage (if
available) or other documentation of the stranded animal sighting to
us.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
Marine Mammal Protection Act 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].
We anticipate take by Level B harassment only as a result of the
harbor maintenance and Delta Mariner operations in the VAFB harbor.
Based on previous monitoring reports, with the same activities
conducted in the proposed operations area, we estimate that
approximately 1,161 Pacific harbor seals; 86 California sea lions; and
43 northern elephant seals could be potentially affected by Level B
behavioral harassment over the course of the period of effectiveness of
the proposed Authorization. We base these estimates on historical
pinniped survey counts from 2001 to 2011 and calculated takes by
multiplying the average of the maximum abundance by 43 days (i.e., the
total number of operational days). Thus, United Launch Alliance
requests an Authorization to incidentally harass approximately 1,161
Pacific harbor seals (27 animals times 43 days), 86 California sea
lions (2 animals times 43 days), and 43 northern elephant seals (1
animal times 43 days).
For this IHA, NMFS has authorized the take of 1,161 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, we 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
We have 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,
we consider:
(1) The number of anticipated injuries, serious injuries, or
mortalities;
(2) The number, nature, and intensity, and duration of Level B
harassment (all relatively limited); and
(3) The context in which the takes occur (i.e., impacts to areas of
significance, impacts to local populations, and cumulative impacts when
taking into account successive/contemporaneous actions when added to
baseline data);
(4) The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
(5) Impacts on habitat affecting rates of recruitment/survival; and
(6) The effectiveness of monitoring and mitigation measures.
As mentioned previously, we estimate that three species of marine
mammals could be potentially affected by Level B harassment over the
course of the Authorization. For each species, these numbers are small
relative to the population size. These incidental harassment numbers
represent 0.03 percent of the U.S. stock of California sea lion, 3.8
percent of the California stock of Pacific harbor seal, and 0.03
percent of the California breeding stock of northern elephant seal.
For reasons stated previously in this document, United Launch
Alliance's specified activities are not likely to cause long-term
behavioral disturbance, abandonment of the haulout area, serious
injury, or mortality because:
(1) The effects of the harbor activities are expected to be limited
to short-term startle responses and localized behavioral changes. Minor
and brief responses, such as short-duration startle or alert reactions,
are not likely to constitute disruption of behavioral patterns, such as
migration, nursing, breeding, feeding, or sheltering.
(2) The likelihood that marine mammal detection by trained, visual
observers is high at close proximity the harbor;
(3) Delta Mariner off-loading operations and associated cargo
movements within the harbor would occur at a maximum frequency of four
times per year and the vessel's arrival and departure would occur
during daylight hours at high tide when the haulout areas are fully
submerged and few, if any, pinnipeds are present in the harbor;
(4) The relatively slow operational speed of the Delta Mariner (1.5
to 2 kts; 1.72 mph) during its approach to the harbor at high tide and
the vessel's slow operational speed (0.75 kts; 0.86 mph) during its
approach to the wharf;
(5) There is no potential for large-scale movements leading to
serious injury or mortality near the south Base harbor because,
historically, the number of harbor seals hauled out near the site is
less than 30 individuals;
(6) The specified activities do not occur near rookeries;
(7) The availability of alternate areas near the harbor for
pinnipeds to avoid the resultant noise from the maintenance and vessel
operations. Results from previous monitoring reports that support our
conclusions that the pinnipeds returned to the haul-out site during
periods of low tide after the disturbance and do not permanently
abandon a haul-out site during the conduct of harbor maintenance and
Delta Mariner operations.
We do not anticipate that any injuries, serious injuries, or
mortalities would occur as a result of ULA's proposed activities, and
we do not propose to authorize injury, serious injury or mortality.
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. Due to the nature, degree, and context of the behavioral
harassment anticipated, the activities are not expected to impact rates
of recruitment or survival. Further, these
[[Page 60113]]
proposed activities would not take place in areas of significance for
marine mammal feeding, resting, breeding, or calving and would not
adversely impact marine mammal habitat.
We have determined, provided that ULA carries out the previously
described mitigation and monitoring measures, that the impact of
conducting harbor activities related to the Delta IV/Evolved Expendable
Launch Vehicle at Vandenberg Air Force Base, CA, September 2012,
through September 2013, may result, at worst, in a temporary
modification in behavior and/or low-level physiological effects (Level
B harassment) of small numbers of certain species of marine mammals.
Based on the analysis contained here 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, have determined that the total taking from the proposed
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 Section 101(a)(5)(D) of the Marine Mammal Protection
Act also requires us 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 (northeastern
Pacific Ocean) that implicate section 101(a)(5)(D) of the Marine Mammal
Protection Act.
Endangered Species Act (ESA)
This action will not affect species listed under the Endangered
Species Act that are under our jurisdiction. The U.S. Fish and Wildlife
Service issued a Biological Opinion in August 2001, which concluded
that the program was not likely to jeopardize the continued existence
of the southern sea otter. The activities covered by our Incidental
Harassment Authorization are analyzed in that Biological Opinion, and
this Authorization does not modify the action in a manner not
previously analyzed.
National Environmental Policy Act (NEPA)
In 2001, the U.S. Air Force (Air Force) prepared an Environmental
Assessment for Harbor Activities Associated with the Delta IV Program
at Vandenberg Air Force Base. In 2005, we prepared an Environmental
Assessment augmenting the information contained in the Air Force's EA
and issued a Finding of No Significant Impact on the issuance of an
Incidental Harassment Authorization for United Launch Alliance'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). United Launch
Alliance's proposed activities and impacts for 2012-2013 are within the
scope of our 2005 Environmental Assessment and Finding of No
Significant Impact. We have again reviewed the 2005 Environmental
Assessment and determined that there are no new direct, indirect or
cumulative impacts to the human and natural environment associated with
the Incidental Harassment Authorization requiring evaluation in a
supplemental Environmental Assessment and we, therefore, we reaffirm
the 2005 Finding of No Significant Impact.
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: September 26, 2012.
Helen M. Golde,
Acting Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-24204 Filed 10-1-12; 8:45 am]
BILLING CODE 3510-22-P
