[Federal Register Volume 68, Number 117 (Wednesday, June 18, 2003)]
[Notices]
[Pages 36540-36542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15406]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 031203A]
Small Takes of Marine Mammals Incidental to Specified Activities;
Harbor Activities at Vandenberg Air Force Base, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) to take small numbers of marine mammals
by harassment incidental to harbor activities related to the Delta IV/
Evolved Expendable Launch Vehicle (EELV) at South Vandenberg Air Force
Base, CA (VAFB) has been issued to The Boeing Company (Boeing).
DATES: Effective from May 20, 2003, until May 20, 2004.
ADDRESSES: A copy of the IHA and/or the application is available by
writing to Ms. Kaja Brix, Acting Chief, Marine Mammal Conservation
Division, Office of Protected Resources, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910-3225, or by telephoning one of the contacts
listed here.
FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, (301) 713-2322, ext.
163 or Christina Fahy, (562) 980-4023.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, notice of a proposed authorization is
provided to the public for review.
Permission for incidental takings may be granted if NMFS finds that
the taking will have no more than 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 and that
the permissible methods of taking and requirements pertaining to the
monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as:
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take small numbers of marine mammals by
harassment. The MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [``Level A harassment'']; or (ii) has the potential to disturb
a marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[``Level B harassment''].
Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
small numbers of marine mammals. Within 45 days of the close of the
comment period, NMFS must either issue or deny issuance of the
authorization.
Summary of Request
On January 28, 2003, NMFS received an application from Boeing
requesting an authorization for the harassment of small numbers of
Pacific harbor seals (Phoca vitulina richardsi) and California sea
lions (Zalophus californianus) incidental to harbor activities related
to the Delta IV/EELV, including: transport vessel operations, cargo
movement activities, harbor maintenance dredging, and kelp habitat
mitigation operations. In addition, northern elephant seals (Mirounga
angustirostris) may also be incidentally harassed but in smaller
numbers. The harbor where activities will take place is on south VAFB
approximately 2.5 mi (4.02 km) south of Point Arguello, CA, and
approximately 1 mi (1.61 km) north of the nearest marine mammal pupping
site (i.e., Rocky Point). An Incidental Harassment Authorization (IHA)
was issued to Boeing on May 20, 2002 and remains in effect for a one-
year period (see 67 FR 36151, May 23, 2002).
Specified Activities
Additional information of the work proposed for 2003 is contained
in the application, which is available upon request (see ADDRESSES) and
in the Final US Air Force Environmental Assessment for Harbor
Activities Associated with the Delta IV Program at Vandenberg Air Force
Base (ENSR International, 2001).
Comments and Responses
On April 9, 2003 (68 FR 17351), NMFS published a notice of receipt
and a 30-day public comment period was provided on the application and
proposed authorization. That notice described the activity and
anticipated effects on marine mammals. Comments were received from
Boeing which requested that the mitigation measure be modified to allow
for the continuation of activities while seals are present. As the
Notice stated, the rocks near the VAFB harbor are not typically used by
large numbers of harbor seals nor is there pupping: ``...on average the
number of harbor seals hauled out near the site is less than 30 and
there is no pupping at nearby sites'' (68 Fed. Reg. 17351 at 17353).
The monitoring that was performed for the VAFB harbor dredging during
the fall of 2001 and
[[Page 36541]]
winter of 2002 established that seals routinely hauled out on the
adjacent rocks during ongoing activities within the harbor. On several
occasions, these seals flushed, apparently due to activities on the
dock or in the harbor. However, when they did leave the rocks during
low tide they would quickly return or be replaced by other individuals
in the same resting place. This quick return to the original haulout
suggests that the response was short term and transient. Boeing's
experience last year with the dredging and other harbor activities,
however, also demonstrated that stopping work when seals are present on
the adjacent rocks can have a considerable impact to schedules and
costs. The data collected during last year's harbor activities, which
is documented in the application for the IHA, supports the conclusion
reached by NMFS in the proposed IHA that the occasional flushing of a
limited number of seals from the rocks while harbor activities are
underway has minimal impact on the species. Accordingly, Boeing
requests that the IHA provide that the continuation of activities at
VAFB harbor is authorized while seals are present even in the event of
flushing seals.
NMFS concurs that continuation of activities would have a minimal
impact on pinnipeds and has thus modified the mitigation measures
contained in the authorization to allow for continuation of activities
while seals are present. The mitigation measures still require marine
mammal monitoring during all Boeing activities in the harbor and
reporting of any possible disturbance of the harbor seals associated
with those activities.
Mitigation
To reduce the potential for disturbance from visual and acoustic
stimuli associated with the activities Boeing will undertake the
following marine mammal mitigating measures:
(1) If activities occur during nighttime hours, lighting will be
turned on before dusk and left on the entire night to avoid startling
harbor seals at night.
(2) Activities will be initiated before dusk.
(3) Construction noises must be kept constant (i.e., not
interrupted by periods of quiet in excess of 30 minutes) while harbor
seals are present.
(4) If activities cease for longer than 30 minutes and harbor seals
are in the area, start-up of activities will include a gradual increase
in noise levels.
(5) A NMFS-approved marine mammal observer will 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 Boeing's activities.
(6) The Delta Mariner and accompanying vessels will enter the
harbor only when the tide is too high for harbor seals to haul-out on
the rocks and the vessel will reduce speed 1.5 to 2 knots once the
vessel is within 3 mi (4.83 km) of the harbor. The vessel will enter
the harbor stern first, approaching the wharf and its mooring dolphins
at less than 0.75 knot.
(7) As alternate dredge methods are explored, the dredge contractor
may introduce quieter techniques and equipment.
Monitoring
As part of its application, Boeing provided a proposed monitoring
plan for assessing impacts to harbor seals from the activities at south
VAFB harbor and for determining when mitigation measures should be
employed.
A NMFS-approved and VAFB-designated biologically trained observer
will monitor the area for pinnipeds during all harbor activities.
During nighttime activities, the harbor area will be illuminated, and
the monitor will use a night vision scope. Monitoring activities will
consist of:
(1) Conducting baseline observation of pinnipeds in the project
area prior to initiating project activities.
(2) Conducting and recording observations on pinnipeds in the
vicinity of the harbor for the duration of the activity occurring when
tides are low enough for pinnipeds to haul out
(2 ft, 0.61 m, or less).
(3) 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
Boeing will notify NMFS 2 weeks prior to initiation of each
activity. After each activity is completed, Boeing will provide a
report to NMFS 120 days prior to the expiration of this Authorization
or within 120 days after the expiration of this Authorization if a new
Authorization is not being requested. This report will provide dates
and locations of specific activities, details of seal behavioral
observations, and estimates of the amount and nature of all takes of
seals by harassment or in other ways. In addition, the report will
include information on the weather, the tidal state, the horizontal
visibility, and the composition (species, gender, and age class) and
locations of haul-out group(s). In the unanticipated event that any
cases of pinniped injury or mortality are judged to result from these
activities, this will be reported to NMFS immediately.
Consultation
This action will not affect those marine mammal species listed
under the Endangered Species Act (ESA), that are under the jurisdiction
of NMFS, as these species are not expected to haulout on VAFB and
thereby potentially be affected through harassment and fleeing from the
haulout. No other marine species listed under the ESA will be affected
by Boeing's harbor activities related to the Delta IV/EELV at VAFB.
VAFB formally consulted with U.S. Fish and Wildlife Service (FWS) in
1998 on the possible take of southern sea otters during Boeing's harbor
activities at south VAFB. A Biological Opinion was issued in August
2001. Southern sea otters were discussed in these documents and FWS
recognized that Boeing will restore sea otter habitat (i.e., kelp beds)
in the vicinity of the harbor to replace kelp destroyed during
dredging. In addition, the FWS noting that VAFB has committed to a
southern sea otter monitoring program designed to detect the presence
and possible disturbance at the VAFB harbor area during dredging
activities.
NEPA
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), NMFS has determined, based on
the content and analysis of Boeing's request for an IHA, and the Final
EA for Harbor Activities Associated with the Delta IV Program at VAFB
(ENSRI, 2001) that the proposed issuance of this IHA to Boeing by NMFS
will not individually or cumulatively result in a significant impact on
the quality of the human environment as defined in 40 CFR 1508.27.
Impacts are not expected to be outside the scope of that EA. Therefore,
this action meets the definition of a ``Categorical Exclusion'' and is
exempted from further environmental review.
Determinations
NMFS had determined that the impact of harbor activities related to
the Delta IV/EELV at VAFB, including: transport vessel operations,
cargo movement activities, harbor maintenance dredging, and kelp
habitat mitigation will result in the harassment of small numbers of
Pacific harbor seals, California sea lions, and northern elephant
seals; would have no more negligible impact on these marine mammal
stocks; and would not have an
[[Page 36542]]
unmitigable adverse impact on the availability of marine mammal stocks
for subsistence uses. Northern fur seals, Guadalupe fur seals, and
Steller sea lions are unlikely to be found in the area and therefore
will not be affected. While behavioral modifications may be made by
those pinniped species ashore in order to avoid the resultant acoustic
and visual stimuli from the activity, there is no potential for large-
scale movements, such as stampedes, since harbor seals, California sea
lions, and elephant seals haul out in small numbers near the site
(maximum number of harbor seals hauled out in one day estimated at 43
seals, averaging at 21 seals per day, maximum number of California sea
lions hauled out in one day is estimated at six). The effects of
Boeing's harbor activities are expected to be limited to short-term and
localized behavioral changes.
Due to the localized nature of these activities, the number of
marine mammals potentially taken by harassment are estimated to be
small. In addition, no take by injury and/or death is anticipated, and
the potential for temporary or permanent hearing impairment is unlikely
given the low noise levels expected at the site. No rookeries, mating
grounds, areas of concentrated feeding, or other areas of special
significance for marine mammals occur within or near south VAFB harbor.
Authorization
NMFS has issued an IHA to Boeing for harbor activities related to
the Detla IV/EELV program at south VAFB for a 1-year period. A copy of
this IHA is available upon request (see ADDRESSES). The issuance of
this IHA is contigent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements.
Dated: June 10, 2003.
Donna Wieting,
Acting Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 03-15406 Filed 6-17-03; 8:45 am]
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