Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Space Vehicle and Test Flight Activities From Vandenberg Air Force Base, CA, 8111-8113 [2013-02447]
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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
Dated: January 30, 2013.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–02419 Filed 2–4–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC479
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 31 Gulf of
Mexico red snapper assessment
webinars.
AGENCY:
The SEDAR 31 assessment of
the Gulf of Mexico red snapper fishery
will consist of a series of workshops and
supplemental webinars. This notice is
for webinars associated with the
Assessment portion of the SEDAR
process. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR 31 Assessment
Workshop webinars will be held on:
February 21, 2013; February 28, 2013;
March 7, 2013; March 14, 2013; and
March 21, 2013. All webinars are
scheduled from 1 p.m. until 5 p.m. EDT.
ADDRESSES:
Meeting address: The webinars will
be held via a GoToWebinar Conference.
The webinars are open to members of
the public. Those interested in
participating should contact Ryan
Rindone at SEDAR (see FOR FURTHER
INFORMATION CONTACT) to request an
invitation providing webinar access
information. Please request meeting
information at least 24 hours in
advance.
SEDAR address: 4055 Faber Place
Drive, Suite 201, N. Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT:
Ryan Rindone, SEDAR Coordinator;
telephone: (813) 348–1630; email:
ryan.rindone@gulfcouncil.org.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions,
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop; (2) Assessment Process
including a workshop and webinars;
and (3) Review Workshop. The product
of the Data Workshop is a data report
which compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
population conditions, and recommends
research and monitoring needs. The
assessment is independently peer
reviewed at the Review Workshop. The
product of the Review Workshop is a
Consensus Summary documenting
panel opinions regarding the strengths
and weaknesses of the stock assessment
and input data. Participants for SEDAR
Workshops are appointed by the Gulf of
Mexico, South Atlantic, and Caribbean
Fishery Management Councils and
NOAA Fisheries Southeast Regional
Office and Southeast Fisheries Science
Center. Participants include: data
collectors and database managers; stock
assessment scientists, biologists, and
researchers; constituency
representatives including fishermen,
environmentalists, and nongovernmental organizations (NGOs);
international experts; and staff of
Councils, Commissions, and state and
federal agencies.
The items of discussion in the
Assessment Workshop webinars are as
follows:
Panelists will continue deliberations
and discussions regarding modeling
methodologies for the Gulf of Mexico
Red Snapper.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
Special Accommodations
This meeting is accessible to people
with disabilities. Requests for auxiliary
aids should be directed to the SEDAR
office (see ADDRESSES) at least 10
business days prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
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8111
Dated: January 30, 2013.
William D. Chappell,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–02402 Filed 2–4–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC478
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Space Vehicle and Test
Flight Activities From Vandenberg Air
Force Base, CA
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
AGENCY:
Notice of issuance of a Letter of
Authorization.
ACTION:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that a letter of
authorization (LOA) has been issued to
the 30th Space Wing, U.S. Air Force
(USAF), to take four species of seals and
sea lions incidental to rocket and
missile launches on Vandenberg Air
Force Base (VAFB), California, a
military readiness activity.
SUMMARY:
Effective February 7, 2013,
through February 6, 2014.
DATES:
The LOA and supporting
documentation are available for review
by writing to P. Michael Payne, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service (NMFS), 1315
East-West Highway, Silver Spring, MD
20910, by telephoning one of the
contacts listed here (FOR FURTHER
INFORMATION CONTACT) or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address and at the
Southwest Regional Office, NMFS, 501
West Ocean Boulevard, Suite 4200,
Long Beach, CA 90802.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Candace Nachman, Office of Protected
Resources, NMFS, (301) 427–8401, or
Monica DeAngelis, NMFS, (562) 980–
3232.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
Background
Section 101(a)(5)(A) of the MMPA (16
U.S.C. 1361 et seq.) directs NMFS to
allow, upon request, the incidental, but
not intentional, taking of small numbers
of marine mammals by U.S. citizens
who engage in a specified activity (other
than commercial fishing) within a
specified geographical region if certain
findings are made and regulations are
issued. The National Defense
Authorization Act (Public Law 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations for a ‘‘military readiness
activity.’’ Under the MMPA, the term
‘‘taking’’ means to harass, hunt, capture,
or kill or to attempt to harass, hunt,
capture, or kill marine mammals.
Authorization may be granted for
periods up to 5 years if NMFS finds,
after notification and opportunity for
public comment, that the taking will
have a negligible impact on the species
or stock(s) of marine mammals and will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant). In addition, NMFS must
prescribe regulations that include
permissible methods of taking and other
means effecting the least practicable
adverse impact on the species and its
habitat and on the availability of the
species for subsistence uses, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance. The regulations must
include requirements for monitoring
and reporting of such taking.
Regulations governing the taking of
Pacific harbor seals (Phoca vitulina
richardsi), northern elephant seals
(Mirounga angustirostris), California sea
lions (Zalophus californianus), and
northern fur seals (Callorhinus ursinus),
by harassment, incidental to missile and
rocket launches, aircraft flight test
operations, and helicopter operations at
VAFB, were issued on February 6, 2009
(74 FR 6236), and remain in effect until
February 6, 2014. In April 2011, the
USAF requested a deviation from the
precise language contained in the 2009
final rule regarding the annual number
of missile and rocket launches. On
February 1, 2012 (77 FR 4917), NMFS
issued final regulations that revised the
number of missile and rocket launches
that the USAF could conduct from
VAFB on an annual basis. Instead of the
30 missile and 20 rocket launches
authorized per year in 2009, the USAF’s
specified activity now includes 15
missile and 35 rocket launches per year.
However, the total number of annual
launches remains at 50. This regulatory
amendment does not change the
analyses of marine mammal impacts
conducted in the original final rule. For
detailed information on the USAF’s
activities and potential impacts, please
refer to those documents. These
regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during missile and rocket
launches at VAFB.
This LOA is effective from February 7,
2013, through February 6, 2014, and
authorizes the incidental take, by Level
B harassment only, of the four marine
mammal species listed here that may
result from the launching of up to 15
missiles and up to 35 rockets annually
from VAFB, as well as from aircraft and
helicopter operations. Harbor seals haulout on several sites on VAFB, and
harbor seals, California sea lions,
elephant seals, and northern fur seals
are found on various haul-out sites and
rookeries on San Miguel Island (SMI).
Currently, six space launch vehicle
programs use VAFB to launch satellites
into polar orbit: Delta II; Taurus; Atlas
V; Delta IV; Falcon; and Minotaur. Also
a variety of small missiles, several types
of interceptor and target vehicles, and
fixed-wing aircrafts are launched from
VAFB.
The activities under these regulations
create two types of noise: continuous
(but short-duration) noise, due mostly to
combustion effects of aircraft and
launch vehicles, and impulsive noise,
due to sonic boom effects. Launch
operations are the major source of noise
on the marine environment from VAFB.
The operation of launch vehicle engines
produces significant sound levels. The
noise generated by VAFB activities may
result in the incidental harassment of
pinnipeds, both behaviorally and in
terms of physiological (auditory)
impacts. The noise and visual
disturbances from space launch vehicle
and missile launches and aircraft and
helicopter operations may cause the
animals to move towards or enter the
water. Take of pinnipeds will be
minimized through implementation of
the following mitigation measures: (1)
All aircraft and helicopter flight paths
must maintain a minimum distance of
1,000 ft (305 m) from recognized seal
haul-outs and rookeries; (2) missile and
rocket launches must, whenever
possible, not be conducted during the
harbor seal pupping season of March
through June; (3) VAFB must avoid,
whenever possible, launches which are
predicted to produce a sonic boom on
the Northern Channel Islands during the
primary pinniped pupping seasons of
March through June; and (4) monitoring
methods will be reviewed by NMFS if
post-launch surveys determine that an
injurious or lethal take of a marine
mammal occurred. VAFB will also use
monitoring surveys, audio-recording
equipment, and time-lapse video to
monitor the animals before, during, and
after rocket launches, and to measure
sound levels generated by the launches.
Reports will be submitted to NMFS after
each LOA expires, and a final
comprehensive report, which will
summarize all previous reports and
assess cumulative impacts, will be
submitted before the rule expires.
Summary of Request
On December 10, 2012, NMFS
received a request for a LOA renewal
pursuant to the aforementioned
regulations that would authorize, for a
period not to exceed 1 year, take of
marine mammals, by harassment,
incidental to space vehicle and test
flight activities at VAFB. Summary of
Activity and Monitoring Under the 2012
LOA
In compliance with the 2012 LOA,
VAFB submitted an annual report on
the activities at VAFB, covering the
period of December 1, 2011, through
November 30, 2012. A summary of the
2012 report (MMCG and SAIC, 2012)
follows.
During the reporting period covered
by the 2012 report, there were a total of
four launches from VAFB: two space
vehicle launches and two missile
launches. The dates, locations, and
whether or not monitoring was required
for the launches are summarized in
Table 1 next.
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TABLE 1—SUMMARY OF SPACE VEHICLE AND MISSILE LAUNCHES FROM VAFB IN 2012
Vehicle
Date
(2012)
Launch
site
Monitored
Minuteman III GT–203GM .........................................
Delta IV NROL–25 .....................................................
Atlas V NROL–36 .......................................................
25–Feb ............................
3–Apr ...............................
13–Sep ............................
LF–10 ..............................
SLC–6 .............................
SLC–3E ...........................
No.
Yes (boom and time-lapse only).
Yes (boom and acoustics only).
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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
TABLE 1—SUMMARY OF SPACE VEHICLE AND MISSILE LAUNCHES FROM VAFB IN 2012—Continued
Vehicle
Date
(2012)
Launch
site
Minuteman III GT–206GM .........................................
14–Nov ............................
LF–10 ..............................
The Delta IV launch occurred during
the harbor seal pupping season,
requiring monitoring on VAFB. Sonic
boom modeling was conducted for both
space vehicle launches. The modeling
indicated that a sonic boom of greater
than 1 lb/ft2 (psf) would occur at SMI
as a result of the Atlas V launch,
requiring acoustical and biological
monitoring.
Neither of the missile launches
required monitoring at SMI because the
westerly trajectory of these launches.
Similarly, both missile launches
occurred outside of the VAFB harbor
seal pupping season; therefore, no
biological or acoustical monitoring was
required or performed on VAFB for
these two launches.
During the reporting period, 651
fixed-wing aircraft and helicopter
operations were conducted from the
VAFB airfield. Most of these consisted
of training exercises involving ‘‘touch
and goes’’. There were no observed
impacts to pinnipeds from these
activities.
tkelley on DSK3SPTVN1PROD with NOTICES
Delta IV Launch (April 3, 2012)
Counts of harbor seals done between
March 26 and April 2, 2012, recorded
from 2 to 111 adult and sub-adult seals.
From 0 to 16 pups were observed, along
with one California sea lion. One dead
pup with wounds suggestive of a shark
attack washed ashore on March 26. The
next day, a dead, newly born pup with
its umbilicus still attached was noted at
one of the sites. Both sightings occurred
prior to the actual launch. Post-launch
counts ranged from 88 to 144 adult and
sub-adult seals and from 8 to 12 pups.
The 2-week follow-up count revealed up
to 154 adult and sub-adult harbor seals
and up to 25 pups.
Time-lapse video monitoring was
conducted of this launch. The footage
revealed that all 42 harbor seals hauled
out at the monitoring location (First
Ledge on south VAFB) were alerted by
the noise and moved rapidly toward the
sea. All but two scurried into the water.
Up to 10 animals soon returned but
went back in the ocean as the tide rose
(MSRS, 2012).
In summary, based on post-launch
analysis, there was no evidence of
injury, mortality, or abnormal behavior
in any of the monitored pinnipeds on
VAFB as a result of this launch.
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Atlas V Launch (September 13, 2012)
Biological monitoring for this launch
was required at SMI, since the sonic
boom models predicted overpressures in
excess of 1 psf there. Monitoring for this
launch was conducted at Cardwell
Point. California sea lions, northern
elephant seals, and Pacific harbor seals
were present during the pre- and postmonitoring counts and on the day of the
launch. No pups of any species were
observed at this location. Counts on the
days prior to the launch ranged from
209–912 for California sea lions, from 0–
101 for northern elephant seals, and
from 0–35 for harbor seals. On the day
of the launch, 186–240 sea lions, 50–78
northern elephant seals, and 0–36
harbor seals were sighted. The same or
higher numbers of sea lions and
northern elephant seals were seen on
the two days after the launch. No harbor
seals were seen the following day, likely
because of a very large surf with heavy
surges and backwashes, preventing
harbor seals from hauling out, although
they were present just outside the
breakers.
No reactions were noted on the part
of the sea lions and elephant seals to the
sonic boom. Of the 36 harbor seals
present at the time of the boom, 20
dashed into the water. They began
returning to shore within 30 min of the
launch.
Acoustic monitoring was also
conducted for this launch. The peak
unweighted sound level was 122.8 dB re
20 mPa. During the 15 min before and
the 15 min after the launch, the lowest
ambient noise was 82.7 dB re 20 mPa,
while the highest sounds—not
associated with the launch—were 113.1
dB re 20 mPa.
In summary, there was no evidence of
injury, mortality, or abnormal behavior
of the monitored pinnipeds on SMI as
a result of this launch.
Authorization
The USAF complied with the
requirements of the 2012 LOA, and
NMFS has determined that the marine
mammal take resulting from the 2012
launches is within that analyzed in and
anticipated by the associated
regulations. Accordingly, NMFS has
issued an LOA to the 30th Space Wing,
USAF, authorizing the take by
harassment of marine mammals
incidental to space vehicle and test
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
Monitored
No.
flight activities at VAFB. Issuance of
this LOA is based on findings described
in the preamble to the final rule (74 FR
6236, February 6, 2009) and supported
by information contained in VAFB’s
2012 annual report that the activities
described under this LOA will have a
negligible impact on marine mammal
stocks. The provision requiring that the
activity not have an unmitigable adverse
impact on the availability of the affected
species or stock for subsistence uses
does not apply for this action.
Dated: January 31, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2013–02447 Filed 2–4–13; 8:45 am]
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ACTION: Notice and request for comment.
AGENCY:
The Bureau of Consumer
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as part of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
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opportunity to comment on a proposed
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‘‘Quantitative Testing of Integrated
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proposed collection has been submitted
to the Office of Management and Budget
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the proposed collection, may be
obtained by contacting the agency
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DATES: Written comments are
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identified by agency name and proposed
collection title—‘‘Quantitative Testing
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E:\FR\FM\05FEN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8111-8113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02447]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC478
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Space Vehicle and Test Flight Activities From Vandenberg
Air Force Base, CA
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of issuance of a Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that a letter of authorization (LOA) has been issued to the 30th Space
Wing, U.S. Air Force (USAF), to take four species of seals and sea
lions incidental to rocket and missile launches on Vandenberg Air Force
Base (VAFB), California, a military readiness activity.
DATES: Effective February 7, 2013, through February 6, 2014.
ADDRESSES: The LOA and supporting documentation are available for
review by writing to P. Michael Payne, Chief, Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service (NMFS), 1315 East-West Highway, Silver Spring, MD 20910, by
telephoning one of the contacts listed here (FOR FURTHER INFORMATION
CONTACT) or online at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address and at the Southwest Regional Office, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected
Resources, NMFS, (301) 427-8401, or Monica DeAngelis, NMFS, (562) 980-
3232.
SUPPLEMENTARY INFORMATION:
[[Page 8112]]
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
NMFS to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and
regulations are issued. The National Defense Authorization Act (Public
Law 108-136) removed the ``small numbers'' and ``specified geographical
region'' limitations for a ``military readiness activity.'' Under the
MMPA, the term ``taking'' means to harass, hunt, capture, or kill or to
attempt to harass, hunt, capture, or kill marine mammals.
Authorization may be granted for periods up to 5 years if NMFS
finds, after notification and opportunity for public comment, that the
taking will have a negligible impact on the species or stock(s) of
marine mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant). In addition, NMFS must prescribe regulations that include
permissible methods of taking and other means effecting the least
practicable adverse impact on the species and its habitat and on the
availability of the species for subsistence uses, paying particular
attention to rookeries, mating grounds, and areas of similar
significance. The regulations must include requirements for monitoring
and reporting of such taking.
Regulations governing the taking of Pacific harbor seals (Phoca
vitulina richardsi), northern elephant seals (Mirounga angustirostris),
California sea lions (Zalophus californianus), and northern fur seals
(Callorhinus ursinus), by harassment, incidental to missile and rocket
launches, aircraft flight test operations, and helicopter operations at
VAFB, were issued on February 6, 2009 (74 FR 6236), and remain in
effect until February 6, 2014. In April 2011, the USAF requested a
deviation from the precise language contained in the 2009 final rule
regarding the annual number of missile and rocket launches. On February
1, 2012 (77 FR 4917), NMFS issued final regulations that revised the
number of missile and rocket launches that the USAF could conduct from
VAFB on an annual basis. Instead of the 30 missile and 20 rocket
launches authorized per year in 2009, the USAF's specified activity now
includes 15 missile and 35 rocket launches per year. However, the total
number of annual launches remains at 50. This regulatory amendment does
not change the analyses of marine mammal impacts conducted in the
original final rule. For detailed information on the USAF's activities
and potential impacts, please refer to those documents. These
regulations include mitigation, monitoring, and reporting requirements
for the incidental take of marine mammals during missile and rocket
launches at VAFB.
This LOA is effective from February 7, 2013, through February 6,
2014, and authorizes the incidental take, by Level B harassment only,
of the four marine mammal species listed here that may result from the
launching of up to 15 missiles and up to 35 rockets annually from VAFB,
as well as from aircraft and helicopter operations. Harbor seals haul-
out on several sites on VAFB, and harbor seals, California sea lions,
elephant seals, and northern fur seals are found on various haul-out
sites and rookeries on San Miguel Island (SMI). Currently, six space
launch vehicle programs use VAFB to launch satellites into polar orbit:
Delta II; Taurus; Atlas V; Delta IV; Falcon; and Minotaur. Also a
variety of small missiles, several types of interceptor and target
vehicles, and fixed-wing aircrafts are launched from VAFB.
The activities under these regulations create two types of noise:
continuous (but short-duration) noise, due mostly to combustion effects
of aircraft and launch vehicles, and impulsive noise, due to sonic boom
effects. Launch operations are the major source of noise on the marine
environment from VAFB. The operation of launch vehicle engines produces
significant sound levels. The noise generated by VAFB activities may
result in the incidental harassment of pinnipeds, both behaviorally and
in terms of physiological (auditory) impacts. The noise and visual
disturbances from space launch vehicle and missile launches and
aircraft and helicopter operations may cause the animals to move
towards or enter the water. Take of pinnipeds will be minimized through
implementation of the following mitigation measures: (1) All aircraft
and helicopter flight paths must maintain a minimum distance of 1,000
ft (305 m) from recognized seal haul-outs and rookeries; (2) missile
and rocket launches must, whenever possible, not be conducted during
the harbor seal pupping season of March through June; (3) VAFB must
avoid, whenever possible, launches which are predicted to produce a
sonic boom on the Northern Channel Islands during the primary pinniped
pupping seasons of March through June; and (4) monitoring methods will
be reviewed by NMFS if post-launch surveys determine that an injurious
or lethal take of a marine mammal occurred. VAFB will also use
monitoring surveys, audio-recording equipment, and time-lapse video to
monitor the animals before, during, and after rocket launches, and to
measure sound levels generated by the launches. Reports will be
submitted to NMFS after each LOA expires, and a final comprehensive
report, which will summarize all previous reports and assess cumulative
impacts, will be submitted before the rule expires.
Summary of Request
On December 10, 2012, NMFS received a request for a LOA renewal
pursuant to the aforementioned regulations that would authorize, for a
period not to exceed 1 year, take of marine mammals, by harassment,
incidental to space vehicle and test flight activities at VAFB. Summary
of Activity and Monitoring Under the 2012 LOA
In compliance with the 2012 LOA, VAFB submitted an annual report on
the activities at VAFB, covering the period of December 1, 2011,
through November 30, 2012. A summary of the 2012 report (MMCG and SAIC,
2012) follows.
During the reporting period covered by the 2012 report, there were
a total of four launches from VAFB: two space vehicle launches and two
missile launches. The dates, locations, and whether or not monitoring
was required for the launches are summarized in Table 1 next.
Table 1--Summary of Space Vehicle and Missile Launches From VAFB in 2012
----------------------------------------------------------------------------------------------------------------
Vehicle Date (2012) Launch site Monitored
----------------------------------------------------------------------------------------------------------------
Minuteman III GT-203GM........ 25-Feb........... LF-10............ No.
Delta IV NROL-25.............. 3-Apr............ SLC-6............ Yes (boom and time-lapse only).
Atlas V NROL-36............... 13-Sep........... SLC-3E........... Yes (boom and acoustics only).
[[Page 8113]]
Minuteman III GT-206GM........ 14-Nov........... LF-10............ No.
----------------------------------------------------------------------------------------------------------------
The Delta IV launch occurred during the harbor seal pupping season,
requiring monitoring on VAFB. Sonic boom modeling was conducted for
both space vehicle launches. The modeling indicated that a sonic boom
of greater than 1 lb/ft\2\ (psf) would occur at SMI as a result of the
Atlas V launch, requiring acoustical and biological monitoring.
Neither of the missile launches required monitoring at SMI because
the westerly trajectory of these launches. Similarly, both missile
launches occurred outside of the VAFB harbor seal pupping season;
therefore, no biological or acoustical monitoring was required or
performed on VAFB for these two launches.
During the reporting period, 651 fixed-wing aircraft and helicopter
operations were conducted from the VAFB airfield. Most of these
consisted of training exercises involving ``touch and goes''. There
were no observed impacts to pinnipeds from these activities.
Delta IV Launch (April 3, 2012)
Counts of harbor seals done between March 26 and April 2, 2012,
recorded from 2 to 111 adult and sub-adult seals. From 0 to 16 pups
were observed, along with one California sea lion. One dead pup with
wounds suggestive of a shark attack washed ashore on March 26. The next
day, a dead, newly born pup with its umbilicus still attached was noted
at one of the sites. Both sightings occurred prior to the actual
launch. Post-launch counts ranged from 88 to 144 adult and sub-adult
seals and from 8 to 12 pups. The 2-week follow-up count revealed up to
154 adult and sub-adult harbor seals and up to 25 pups.
Time-lapse video monitoring was conducted of this launch. The
footage revealed that all 42 harbor seals hauled out at the monitoring
location (First Ledge on south VAFB) were alerted by the noise and
moved rapidly toward the sea. All but two scurried into the water. Up
to 10 animals soon returned but went back in the ocean as the tide rose
(MSRS, 2012).
In summary, based on post-launch analysis, there was no evidence of
injury, mortality, or abnormal behavior in any of the monitored
pinnipeds on VAFB as a result of this launch.
Atlas V Launch (September 13, 2012)
Biological monitoring for this launch was required at SMI, since
the sonic boom models predicted overpressures in excess of 1 psf there.
Monitoring for this launch was conducted at Cardwell Point. California
sea lions, northern elephant seals, and Pacific harbor seals were
present during the pre- and post-monitoring counts and on the day of
the launch. No pups of any species were observed at this location.
Counts on the days prior to the launch ranged from 209-912 for
California sea lions, from 0-101 for northern elephant seals, and from
0-35 for harbor seals. On the day of the launch, 186-240 sea lions, 50-
78 northern elephant seals, and 0-36 harbor seals were sighted. The
same or higher numbers of sea lions and northern elephant seals were
seen on the two days after the launch. No harbor seals were seen the
following day, likely because of a very large surf with heavy surges
and backwashes, preventing harbor seals from hauling out, although they
were present just outside the breakers.
No reactions were noted on the part of the sea lions and elephant
seals to the sonic boom. Of the 36 harbor seals present at the time of
the boom, 20 dashed into the water. They began returning to shore
within 30 min of the launch.
Acoustic monitoring was also conducted for this launch. The peak
unweighted sound level was 122.8 dB re 20 [mu]Pa. During the 15 min
before and the 15 min after the launch, the lowest ambient noise was
82.7 dB re 20 [mu]Pa, while the highest sounds--not associated with the
launch--were 113.1 dB re 20 [mu]Pa.
In summary, there was no evidence of injury, mortality, or abnormal
behavior of the monitored pinnipeds on SMI as a result of this launch.
Authorization
The USAF complied with the requirements of the 2012 LOA, and NMFS
has determined that the marine mammal take resulting from the 2012
launches is within that analyzed in and anticipated by the associated
regulations. Accordingly, NMFS has issued an LOA to the 30th Space
Wing, USAF, authorizing the take by harassment of marine mammals
incidental to space vehicle and test flight activities at VAFB.
Issuance of this LOA is based on findings described in the preamble to
the final rule (74 FR 6236, February 6, 2009) and supported by
information contained in VAFB's 2012 annual report that the activities
described under this LOA will have a negligible impact on marine mammal
stocks. The provision requiring that the activity not have an
unmitigable adverse impact on the availability of the affected species
or stock for subsistence uses does not apply for this action.
Dated: January 31, 2013.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-02447 Filed 2-4-13; 8:45 am]
BILLING CODE 3510-22-P
