[Federal Register: March 23, 2005 (Volume 70, Number 55)]
[Notices]
[Page 14651-14656]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr05-68]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 020205E]
Small 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 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 Boeing Company (Boeing)
for a reauthorization 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 take, by
harassment, small numbers of several species of pinnipeds at south VAFB
beginning in May 2005.
[[Page 14652]]
DATES: Comments and information must be received no later than April
22, 2005.
ADDRESSES: Comments on the application should be addressed to Steve
Leathery, Chief, Permits, Conservation, and Education Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Silver Spring, MD 20910-3225. The mailbox address for
providing e-mail comments on this action is PR1.020205E@noaa.gov.
Comments sent via e-mail, including attachments, must not exceed a 10-
megabyte file size. Comments may also be submitted via facsimile at
(301) 427-2521. A copy of the application containing a list of
references used in this document may be obtained by writing to this
address, by telephoning the contact listed here (see FOR FURTHER
INFORMATION CONTACT) or online at: http://www.nmfs.noaa.gov/prot_res/PR1/Small_Take/smalltake_info.htm#applications
.
FOR FURTHER INFORMATION CONTACT: Jolie Harrison, (301) 713-2289, ext.
166 or Monica DeAngelis, (562) 980-3232.
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), 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. Except for certain categories of activities not pertinent
here, the MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [``Level A harassment'']; or (ii) has the potential to disturb
a marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[``Level B harassment''].
Section 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 December 21, 2004, 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 even smaller
numbers. Incidental Harassment Authorizations (IHAs) were issued to
Boeing on May 15, 2002 (67 FR 36151, May 23, 2002), May 20, 2003 (68 FR
36540, June 18, 2003), and on May 20, 2004 (69 FR 29696, May 25, 2004)
each for a 1-year period. 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).
Specified Activities
Delta Mariner off-loading operations and associated cargo movements
will occur a maximum of 3 times per year. The Delta Mariner is a 312-ft
(95.1-m) long, 84-ft (25.6-m) wide steel hull ocean-going vessel
capable of operating at a 8-ft (2.4-m) draft. For the first few visits
to the south VAFB harbor, tug boats will accompany the Delta Mariner.
Sources of noise from the Delta Mariner include ventilating propellers
used for maneuvering into position and the cargo bay door when it
becomes disengaged. Removal of the common booster core (CBC) from the
Delta Mariner requires use of an elevating platform transporter (EPT),
an additional source of noise with sound levels measured at
approximately 85 dB A-weighted (re 20 microPascals at 1-m) 20 ft (6.1
m) from the engine exhaust when the engine is running mid-speed
(Acentech, 1998). Procedures require two short (approximately 1/3
second) beeps of the horn prior to starting the ignition. The sound
level of the EPT horn ranged from 62-70 dB A-weighted at 200 ft (60.9
m) away, and 84-112 dB A-weighted at 25 ft (7.6 m) away. Containers
containing flight hardware items will be towed off the Delta Mariner by
a tractor tug that generates a sound level of approximately 87 dB A-
weighted at 50 ft (15.2 m) while in operational mode. Total time of
Delta Mariner docking and cargo movement activities is estimated at
approximately between 14 and 18 hours in good weather.
To accommodate the Delta Mariner, the harbor will need to be
dredged, removing approximately 3,000 to 5,000 cubic yards of sediment
per dredging. Dredging 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: 43 to 81 dB A-weighted at 250 ft (76.2 m).
Dredge operations, from set-up to tear-down, would continue 24-hours a
day for 3 to 5 weeks. Sedimentation surveys have shown that initial
dredging indicates that maintenance dredging should be required
annually or twice per year, depending on the hardware delivery
schedule.
A more detailed description of the work proposed for 2005 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).
Habitat and Marine Mammals Affected by the Activity
Pacific Harbor Seals
The marine mammal species likely to be harassed incidental to
harbor activities at south VAFB are the Pacific harbor seal and the
California sea lion. The most recent estimate of the Pacific harbor
seal population in California is 27,863 seals. Since 1990 there has
been no net population growth along the mainland or the Channel
Islands. The decrease in population growth rate has
[[Page 14653]]
occurred at the same time as a decrease in human-caused mortality and
may indicate that the population has reached its environmental carrying
capacity (Carretta et al., 2004). The total population of harbor seals
on VAFB is now estimated to be 1,099 (maximum of 515 seals hauled out
at one time on south VAFB) based on sighting surveys and telemetry data
(SRS Technologies, 2003).
The daily haul-out behavior of harbor seals along the south VAFB
coastline is primarily dependent on time of day. The highest number of
seals haul-out at south VAFB between 1100 through 1600 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 250 ft (76.2 m) west of the south VAFB harbor and
on rocks outside the harbor breakwater where Boeing will be conducting
Delta Mariner operations, cargo loading, dredging activities, and reef
enhancement activities. The maximum number of seals present during the
2001 dredging of the harbor was 23 (averaging 7 per observation period)
and the maximum number hauled out during the 2002 wharf modification
activities was 43, averaging 21 per day when tidal conditions were
favorable for hauling out. Dredging and reef enhancement did not occur
in 2004. The harbor seal pupping site closest to south VAFB harbor is
at Rocky Point, approximately 1 mi (1.6 km) north of the harbor.
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 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.
California Sea Lions
During the wharf modification activity in June-July 2002,
California sea lions were observed hauling out on the breakwater in
small numbers (up to 6 individuals). Although this is considered to be
an unusual occurrence and is possibly related to fish schooling in the
area, Boeing included sea lions in their request.
California sea lions range from British Columbia to Mexico. The
most recent population estimates for the California sea lions range
from 237,000 to 244,000 individuals (Caretta et al., 2004). Between
1975 and 2001, the population growth rate was 5.4-6.1 percent. A 1985-
1987 population survey indicated that most individuals on the Northern
Channel Islands were on San Miguel Island, with the population ranging
from 2,235 to over 17,000. The largest numbers of California sea lions
in the VAFB vicinity occur at Lion Rock, 0.4 mi (0.64 km) southeast of
Point Sal. This area is approximately 1.5 mi (2.41 km) north of the
VAFB boundary. At least 100 sea lions can be observed during any season
at this site. The Point Arguello beaches and the rocky ledges of South
Rocky Point on south VAFB are haulout areas that may be used by
California sea lions. In 2003, at least 145 sea lions were observed at
Rocky Point, including five pups that did not survive due to
abandonment shortly after birth. This was thought to be an El Nino
effect, as there had never been any previously reported sea lion births
at VAFB (Thorson, 2003).
Each year, small groups of sea lions have been observed heading
south along the VAFB coastline in April and May (Tetra Tech, 1997).
Starting in August, large groups of sea lions can be seen moving north,
in groups varying in size from 25 to more than 300 (Roest, 1995). This
concurs with established migration patterns (Reeves et al., 1992;
Roest, 1995). Juvenile sea lions can be observed hauled-out with harbor
seals along the South Base sites from July through September (Tetra
Tech, 1997). Starving and exhausted subadult sea lions are fairly
common on central California beaches during the months of July and
August (Roest, 1995).
During the breeding season, most of California sea lions inhabit
southern California and Mexico. Rookery sites in southern California
are limited to San Miguel Island and to the southerly Channel Islands
of San Nicolas, Santa Barbara, and San Clemente. Breeding season begins
in mid-May, occurring within 10 days of arrival at the rookeries.
Molting occurs gradually over several months in the late summer and
fall. Because the molt is not catastrophic, the sea lions can enter the
water to feed.
Male California sea lions migrate annually. In the spring they
migrate southward to breeding rookeries in the Channel Islands and
Mexico, then migrate northward in the late summer following breeding
season. Females appear to remain near the breeding rookeries. The
greatest population on land occurs in September and October during the
post-breeding dispersal and although many of the sea lions,
particularly juveniles and sub-adult and adult males, may move north
away from the Channel Islands.
Other Marine Mammals
Other marine mammal species are rare to infrequent along the south
VAFB coast during certain times of the year and are unlikely to be
harassed by Boeing's activities. These four species are: the northern
elephant seal, the northern fur seal (Callorhinus ursinus), Guadalupe
fur seal (Arctocephalus townsendi), and Steller sea lions (Eumetopias
jubatus). Northern elephant seals may occur on VAFB but do not haul out
in the harbor area. Northern fur seals, Guadalupe fur seals and Steller
sea lions occur along the California coast and Northern Channel Islands
but are not likely to be found on VAFB. 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). NMFS Stock Assessments can be
viewed at: http://www.NMFS.noaa.gov/pr/PR2/Stock_Assessment_Program/sars.html.
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 Delta Mariner off-loading operations, dredging, and kelp
habitat mitigation, as well as the increased presence of personnel, may
cause short-term disturbance to harbor seals and California sea lions
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.
[[Page 14654]]
Based on the measured sounds of construction equipment, such as
might be used during Boeing's activities, sound level intensity
decreases proportional to the square root of the distance from the
source. A dredging crane at the end of the dock producing 88 dBA of
noise would be approximately 72 dBA at the nearest beach or the end of
the breakwater, roughly 250 ft (76.2 m) away. The EPT produces
approximately 85 dBA, measured less than 20 ft (6 m) from the engine
exhaust, when the engine is running at mid speed. The EPT operation
procedure requires two short beeps of the horn (approximately 1/3 of a
second each) prior to starting the ignition. Sound level measurements
for the horn ranged from 84 to 112 dBA at 25 ft (7.6 m) away and 62 to
70 dBA at 200 ft (61 m) away. The highest measurement was taken from
the side of the vehicle where the horn is mounted. Ambient background
noise measured approximately 250 ft (76.2 m) 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 and sea lions exposed to such acoustic and visual stimuli may
either exhibit a startle response and/or leave the haul-out site.
According to the MMPA, if harbor activities disrupt the behavioral
patterns of harbor seals, these activities would take marine mammals by
Level B 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, 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 constitute disruption of
behavioral patterns, such as migration, nursing, breeding, feeding, or
sheltering (i.e., Level B harassment) and would 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 rise to
the level of Level B harassment and could result in injury of
individuals. 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, because on average the number of
harbor seals hauled out near the site on average 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.
According to the June 2002 dock modification construction report
(ENSRI, 2002), the maximum number of harbor seals hauled out each day
ranged from 23 to 25 animals. There were 15 occasions in which
construction noise, vehicle noise, or noise from a fishing boat caused
the seals to lift their heads. Flushing only occurred due to fishing
activities which were unrelated to the construction activities. The sea
lions were less reactive to the construction noise than the harbor
seals. None of the construction activities caused any of the sea lions
to leave the jetty rocks and there was only one incident of a head
alert reaction.
The report from the December 2002 dredging activities show that the
number of Pacific harbor seals ranged from 0 to 19 and that California
sea lions did not haul out during the monitoring period. On 10
occasions, harbor seals showed head alerts although two of the alerts
were for disturbances that were not related to the project. No harbor
seals flushed during the activities on the dock.
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 contained in the application and referenced sources as
updated by recent monitoring reports is adopted by NMFS as the best
information available on this subject.
Numbers of Marine Mammals Expected to be Harassed
Boeing estimates that a maximum of 43 harbor seals per day may be
hauled out near the south VAFB harbor, with a daily average of 21 seals
sighted when tidal conditions were favorable during previous dredging
operations in the harbor. Considering the maximum and average number of
seals hauled out per day, assuming that the seals may be seen twice a
day, and using a maximum total of 73 operating days in 2005-2006, NMFS
estimates that a maximum of 767 to 1570 Pacific harbor seals may be
subject to Level B harassment.
During wharf modification activities, a maximum of six California
sea lions were seen hauling out in a single day. Based on the above-
mentioned calculation, NMFS believes that a maximum of 219 California
sea lions and 10 northern elephant seals (because they may be in nearby
waters) may be subject to Level B harassment.
Possible Effects of Activities on Marine Mammal Habitat
Boeing anticipates no loss or modification to the habitat used by
Pacific harbor seals or California sea lions that haul out near the
south VAFB harbor. The harbor seal and sea lion 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 or California
sea lions in the area to reproduce.
Boeing anticipates unavoidable kelp removal during dredging. This
habitat modification will not affect the marine mammal habitat.
However, Boeing will mitigate for the removal of kelp habitat by
placing 150 tons of rocky substrate in a sandy area between the
breakwater and the mooring dolphins to enhance an existing artificial
reef. This type of mitigation was implemented by the Army Corps of
Engineers following the 1984 and 1989 dredging. A lush kelp bed
adjacent to the sandy area has developed from the efforts. The
substrate will consist of approximately 150 sharp-faced boulders, each
with a diameter of about 2 ft (0.61 m) and each weighing about one ton.
The boulders will be brought in by truck from an off-site quarry and
loaded by crane onto a small barge at the wharf. The barge is towed by
a tugboat to a location along the mooring dolphins from which a small
barge-mounted crane can place them into the sandy area. Boeing plans to
perform the reef enhancement in conjunction with the next maintenance
dredging event in order to minimize cost and disturbances to animals.
Noise will be generated by the trucks delivering the boulders to the
harbor and during the operation of unloading the boulders onto the
barges and into the water.
[[Page 14655]]
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
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 (see
Monitoring).
(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 (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 will enter the harbor stern first, approaching the
wharf and mooring dolphins at less than 0.75 knot (1.4 km/hr).
(7) As alternate dredge methods are explored, the dredge contractor
may introduce quieter techniques and equipment.
Monitoring
As part of its 2002 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. NMFS proposes the same plan for this IHA.
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 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 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.
Endangered Species Act
This action will not affect species listed under the Endangered
Species Act (ESA) that are under the jurisdiction of NMFS. 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. The activities covered by this IHA are analyzed in that
Biological Opinion, and this IHA does not modify the action in a manner
that was not previously analyzed.
National Environmental Policy Act
The USAF prepared an Environmental Assessment (EA) for Harbor
Activities Associated with the Delta IV Program at Vandenberg Air Force
Base (ENSRI, 2001). In 2004, NMFS prepared an EA updating the
information contained in the USAF EA and issued a Finding of No
Significant Impact (FONSI) on the issuance of a new 5-year rule and
LOAs (69 FR 5720, February 6, 2004). In accordance with section 6.01 of
the National Oceanic and Atmospheric Administration Administrative
Order (NAO) 216-6 (Environmental Review Procedures for Implementing the
National Environmental Policy Act, May 20, 1999), NMFS has
preliminarily determined, based on the content and analysis of Boeing's
current request for an IHA and the 2004 EA and FONSI, 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 is
categorically excluded from further environmental review under NAO 216-
6.
Preliminary Conclusions
NMFS proposes to issue an IHA to Boeing for harbor activities
related to the Delta IV/EELV to take place at south 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 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 would result in the
harassment of only 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 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 harbor seals
and California sea lions to avoid the resultant acoustic and visual
stimuli, there is no potential for large-scale movements, such as
stampedes, since these species haul out in such 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 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
[[Page 14656]]
mammals occur within or near south VAFB harbor.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES). Prior to submitting comments,
NMFS recommends readers review NMFS' responses to those comments on
this activity submitted previously (see 67 FR 63151, May 23, 2002, 68
FR 36540, June 18, 2003, and 69 FR 29696, May 25, 2004).
Dated: March 16, 2005.
Michael Payne,
Division Chief, Marine Mammal and Turtle Conservation District,
National Marine Fisheries Service.
[FR Doc. 05-5753 Filed 3-22-05; 8:45 am]
BILLING CODE 3510-22-S