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Small Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities at Vandenberg Air Force Base, CA
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: March 4, 2002 (Volume 67, Number 42)]
[Notices]
[Page 9701-9705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr02-41]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 020502A]
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 receipt of application and proposed authorization for
incidental harassment of marine mammals; request for comments.
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SUMMARY: NMFS has received a request from the Department of the Air
Force, 30\th\ Space Wing, on behalf of The Boeing Company (Boeing) for
an authorization 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). Under the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to authorize Boeing to incidentally
take, by harassment, small numbers of Pacific harbor seals at south
VAFB beginning in mid-March 2002.
DATES: Comments and information must be received no later than April 3,
2002.
ADDRESSES: Comments on the application should be addressed to Donna
Wieting, Chief, Marine Mammal Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910-3225. Comments will not be accepted if submitted via e-mail or
the Internet. A copy of the application may be obtained by writing to
this address or by telephoning one of the contacts listed here.
FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, (301) 713-2322,
ext. 106 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
(a) has the potential to injure a marine mammal or marine mammal
stock in the wild (``Level A harassment''); or
(b) 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, 2001, NMFS received an application from the 30th
Space Wing on behalf of Boeing requesting an authorization for the
harassment of small numbers of Pacific harbor seals incidental to
harbor activities related to the Delta IV/EELV, including: wharf
modification, transport vessel operations, cargo movement activities,
and harbor maintenance dredging. The harbor where activities will take
place is on south VAFB approximately 2.5 miles south of Point Arguello,
CA, and approximately 1 mile north of the nearest marine mammal pupping
site (i.e., Rocky Point).
Specified Activities
Modifications to the existing wharf are needed to accommodate the
specially designed transport vessel, the Delta Mariner, that will be
used for delivering the Delta IV/EELV's common booster core (CBC).
These modifications involve removing portions of the wharf surface, re-
surfacing the wharf with concrete and stainless steel rub-rails, and
construction of a ramp on the seaward portion of the wharf. Equipment
to be used includes: a skip-loader, concrete saw, concrete ready-mix
truck, and dump truck. Measured noise levels of equivalent heavy
equipment ranged from 61 dB A-weighted (quietest measurement from
clamshell dredge measurement) to 81 dB A-weighted (loudest measurement
from roll-off truck transporter) at a distance of 76.2 meters (m) (250
feet, ft). (Acentech, 1998). These wharf modifications are scheduled to
begin in mid-March 2002 for a 6-week period.
Delta Mariner CBC off-loading operations and associated cargo
movement activities will occur a maximum of 6 times per year, with the
first Mariner visit scheduled for April 2002 and the first off-load
operation for August 2002. The Delta Mariner is a 95.1 m (312 ft) long,
25.6 m (84 ft) wide steel hull ocean-going vessel capable of operating
at a 2.4 m (8 ft) draft. For the first few visits to the south VAFB
harbor, tug boats will accompany the Mariner. Sources of noise from the
Delta Mariner vessel include ventilating propellers used for
maneuvering into position and the cargo bay door when it becomes
disengaged. Removal of the CBC from the Mariner requires use of an
Elevating Platform Transporter (EPT). The EPT is an additional source
of noise, with sound levels measured at a maximum of 82 dB A-weighted
6.1 m (20 ft) from the engine exhaust (Acentech, 1998). EPT operation
procedures require 2 short (approximately 1/3 seconds) beeps of the
horn prior to starting the ignition. At 60.9 m (200 ft) away, the sound
level of the EPT horn ranged from 62-70 dB A-weighted. Containers
containing flight hardware items will be towed off the Mariner by a
tractor tug that generates a sound level of approximately 87 dB A-
weighted at 15.2 m (50 ft) while in operational mode. Total time of
Mariner docking and cargo movement activities is estimated at between
14 and 18 hours in good weather.
To accommodate the Delta Mariner, the harbor will need to be
dredged to a working depth of approximately 3.0 m (10 ft) mean lower
low water level plus a 0.61 m (2 ft) over-dredge. Dredging of the
harbor will involve the use of heavy equipment, including a clamshell
dredge, dredging crane, a small tug, dredging barge, dump trucks, and a
skip loader. Measured sound levels from this equipment are roughly
equivalent to those estimated for the wharf modification equipment: 61-
81 dB A-weighted at 76.2 m (250 ft). Dredge operations, from set-up to
tear-down, would continue 24-hours a day for 3-5 weeks. The frequency
of maintenance dredging will be based on fill rate surveys conducted
periodically during the first year following the initial dredge
[[Page 9703]]
to determine the sedimentation rate. Boeing expects maintenance
dredging would likely be required every 2-3 years.
A more detailed description of the work proposed for 2002 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).
Description of Habitat and Marine Mammals Affected by the Activity
The only marine mammal species likely to be harassed incidental to
harbor activities at south VAFB is the Pacific harbor seal (Phoca
vitulina richardsi). The most recent estimate of the Pacific harbor
seal population in California is 30,293 seals (Forney et al., 2000).
From 1979 to 1995, the California population increased at an estimated
annual rate of 5.6 percent. The total population of harbor seals on
VAFB is now estimated to be 1,040 (775 on south VAFB) based on sighting
surveys and telemetry data (SRS Technologies 2001).
The daily haul-out behavior of harbor seals along the south VAFB
coastline is dependent on time of day rather than tide height. The
highest number of seals haul-out at south VAFB between 1100 through
1700 hours. In addition, haul-out behavior at all sites seems to be
influenced by environmental factors such as high swell, tide height,
and wind. The combination of all three may prevent seals from hauling
out at most sites. The number of seals hauled out at any site can vary
greatly from day to day based on environmental conditions. Harbor seals
occasionally haul out at a beach 76.2 m (250 ft) west of the south VAFB
harbor and on rocks outside the harbor breakwater where Boeing will be
conducting wharf modification, Delta Mariner operations, cargo loading,
and dredging activities. The maximum number of seals present during
past dredging of the harbor was 23, with an average of 7 seals sighted
per day. The harbor seal pupping site closest to south VAFB harbor is
at Rocky Point, approximately 1.6 kilometers (km) (1 mile, mi) north.
Several factors affect the seasonal haul-out behavior of harbor
seals including environmental conditions, reproduction, and molting.
Harbor seal numbers at VAFB begin to increase in March during the
pupping season (March to June) as females spend more time on shore
nursing pups. The number of hauled-out seals is at its highest during
the molt which occurs from May through July. During the molting season,
tagged harbor seals at VAFB increased their time spent on shore by 22.4
percent; however, all seals continued to make daily trips to sea to
forage. Molting harbor seals entering the water because of a
disturbance by a space vehicle launch or another source are not
adversely affected in their ability to molt and do not endure
thermoregulatory stress. During pupping and molting season, harbor
seals at the south VAFB sites expand into haul-out areas that are not
used the rest of the year. The number of seals hauled out begins to
decrease in August after the molt is complete and reaches the lowest
number in late fall and early winter.
Three other marine mammal species are known to occur infrequently
along the south VAFB coast during certain times of the year and are
unlikely to be harassed by Boeing's activities. These three species
are: the California sea lion (Zalophus californianus), northern
elephant seal (Mirounga angustirostris) and northern fur seal
(Callorhinus ursinus). Descriptions of the biology and local
distribution of these species can be found in the application as well
as other sources such as Stewart and Yochem (1994, 1984), Forney et al.
(2000), Koski et al. (1998), Barlow et al. (1993), Stewart and DeLong
(1995), and Lowry et al. (1992). Please refer to those documents for
information on these species.
Potential Effects of Activities on Marine Mammals
Acoustic and visual stimuli generated by the use of heavy equipment
during the wharf modifications, Delta Mariner and off-loading
operations, and dredging, as well as the increased presence of
personnel, may cause short-term disturbance to harbor seals hauled out
along the beach and rocks in the vicinity of the south VAFB harbor.
This disturbance from acoustic and visual stimuli is the principal
means of marine mammal taking associated with these activities. Based
on the measured sounds of construction equipment, such as might be used
during Boeing's activities, sound levels from all equipment drops to a
maximum level of 95 dB A-weighted within 50 ft (15.2 m) of the sources.
In contrast, the ambient background noise measured approximately 76.2 m
(250 ft) from the beach was estimated to be 35-48 dB A-weighted
(Acentech, 1998; EPA, 1971).
Pinnipeds sometimes show startle reactions when exposed to sudden
brief sounds. An acoustic stimulus with sudden onset (such as a sonic
boom) may be analogous to a ``looming'' visual stimulus (Hayes and
Saif, 1967), which may elicit flight away from the source (Berrens et
al., 1988). The onset of operations by a loud sound source, such as the
EPT during CBC off-loading procedures, may elicit such a reaction. In
addition, the movements of cranes and dredges may represent a
``looming'' visual stimulus to seals hauled out in close proximity.
Seals exposed to such acoustic and visual stimuli may either exhibit a
startle response or leave the haul-out site.
According to the MMPA, when harbor activities disrupt the
behavioral patterns of harbor seals, they are considered to be taken by
harassment. In general, if the received level of the noise stimulus
exceeds both the background (ambient) noise level and the auditory
threshold of the animals, and especially if the stimulus is novel to
them, then there may be a behavioral response. The probability and
degree of response will also depend on the season, the group
composition of the pinnipeds, and the type of activity in which they
are engaged. Minor and brief responses, such as short-duration startle
or alert reactions, are not likely to result in disruption of
behavioral patterns, such as migration, nursing, breeding, feeding, or
sheltering (i.e., Level B harassment) and will not cause serious injury
or mortality to marine mammals. On the other hand, startle and alert
reactions accompanied by large-scale movements, such as stampedes into
the water, may have adverse effects on individuals and would be
considered a take by harassment due to disruption of behavioral
patterns. In addition, such large-scale movements by dense aggregations
of marine mammals or on pupping sites, could potentially lead to takes
by serious injury or death. However, there is no potential for large-
scale movements leading to serious injury or mortality near the south
VAFB harbor, since on average the number of harbor seals hauled out
near the site is less than 30 and there is no pupping at nearby sites.
The effects of the harbor activities are expected to be limited to
short-term startle responses and localized behavioral changes (i.e.,
Level B harassment).
For a further discussion of the anticipated effects of the planned
activities on harbor seals in the area, please refer to the application
and ENSR International's 2001 Final Environmental Assessment.
Information in the application and referenced sources is preliminarily
adopted by NMFS as the best information available on this subject.
[[Page 9704]]
Numbers of Marine Mammals Expected to Be Harassed
Boeing estimates that a maximum of 30 harbor seals per day may be
hauled out near the south VAFB harbor, with a daily average of 7 seals
sighted during previous dredging operations in the harbor. Using the
maximum and average number of seals hauled out per day, assuming that
half of the seals will use the site at least twice, assuming that half
of the seals hauled out will react to the activities, and using a
maximum total of 83 operating days in 2002-2003, NMFS calculates that
between 623 and 145 Pacific harbor seals may be subject to Level B
harassment, as defined in 50 CFR 216.3.
Possible Effects of Activities on Marine Mammal Habitat
Boeing anticipates no loss or modification to the habitat used by
Pacific harbor seals that haul out near the south VAFB harbor. The
harbor seal haul-out sites near south VAFB harbor are not used as
breeding, molting, or mating sites; therefore, it is not expected that
the activities in the harbor will have any impact on the ability of
Pacific harbor seals in the area to reproduce.
Possible Effects of Activities on Subsistence Needs
There are no subsistence uses for Pacific harbor seals in
California waters, and, thus, there are no anticipated effects on
subsistence needs.
Mitigation
No pinniped mortality and no significant long-term effect on the
stocks of pinnipeds hauled out near south VAFB harbor are expected
based on the relatively low levels of sound generated by the equipment
to be used during Boeing's harbor activities (maximum level of 95 dB A-
weighted within 50 ft (15.2 m)) and the relatively short time periods
over which the project will take place (totaling approximately 83
days). However, Boeing expects that the harbor activities may cause
disturbance reactions by some of the harbor seals hauled out on the
adjacent beach and rocks. 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 should 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 qualified 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. If
flushing results, then the activities suspected of causing the seals to
enter the water will be delayed until the seals leave the area.
(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.
(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 harbor seals during all harbor activities.
During nighttime activities, the harbor area will be lit and the
monitor will use a night vision scope. Monitoring activities will
consist of:
(1) Conducting baseline observation of harbor seals in the project
area prior to initiating project activities.
(2) Conducting and recording observations on harbor seals in the
vicinity of the harbor for the duration of the activity occurring when
tides are low enough for harbor seals to haul out (+ 2 ft. or less).
(3) Conducting post-construction observations of harbor seal haul-
outs in the project area to determine whether animals disturbed by the
project activities return to the haul-out.
As required by the MMPA, this monitoring plan will be subject to a
review by technical experts prior to formal acceptance by NMFS.
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 within 90 days. 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 the unanticipated event that
any cases of pinniped mortality are judged to result from these
activities, this will be reported to NMFS immediately.
Consultation
Boeing has not requested the take of any listed species. Therefore,
NMFS has determined that a section 7 consultation under the Endangered
Species Act is not required at this time.
Conclusions
NMFS has preliminarily determined that the impact of harbor
activities related to the Delta IV/EELV at VAFB, including: wharf
modification, transport vessel operations, cargo movement activities,
and harbor maintenance dredging, will result, at worst, in a temporary
modification in behavior by Pacific harbor seals. While behavioral
modifications may be made by these species to avoid the resultant
acoustic and visual stimuli, there is no potential for large-scale
movements, such as stampedes, since harbor seals haul out in such small
numbers near the site (maximum hauled out in one day estimated at 30
seals). The effects of the harbor activities are expected to be limited
to short-term and localized behavioral changes. Therefore, NMFS
preliminarily concludes that the effects of the planned demolition
activities will have no more than a negligible impact on pinnipeds.
Due to the localized nature of these activities, the number of
potential takings 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 and will be entirely avoided through the incorporation of
appropriate mitigation measures. No rookeries, mating grounds, areas of
concentrated feeding, or other areas of special significance for marine
mammals occur within or near south VAFB harbor.
Proposed Authorization
NMFS proposes to issue an IHA to Boeing for harbor activities
related to the Delta IV/EELV to take place at south Vandenberg Air
Force Base, CA, (VAFB) over a 1-year period. The proposal to issue this
IHA is contingent upon adherence to the previously mentioned
mitigation, monitoring, and reporting requirements. NMFS has
preliminarily determined that the proposed activity would result in the
harassment of only small numbers of harbor seals; would have no more
than a negligible impact on these marine mammal stocks; and would not
have an unmitigable adverse
[[Page 9705]]
impact on the availability of marine mammal stocks for subsistence
uses.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES).
Dated: February 26, 2002.
David Cottingham,
Deputy Office Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 02-5101 Filed 3-1-02; 8:45 am]
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