[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30697-30702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10669]
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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 issuance of an incidental take permit.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that NMFS has
issued an Incidental Harassment Authorization (IHA) to The Boeing
Company (Boeing) to take 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).
DATES: Effective from May 20, 2005, through May 19, 2006.
ADDRESSES: A copy of the IHA and the application are available by
writing 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, or by
telephoning the contact listed here. A copy of the
[[Page 30698]]
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.
Authorization 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 a renewal of 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).
Comments and Responses
A notice of receipt of the Boeing application and proposed IHA was
published in the Federal Register on March 23, 2005 (70 FR 14651).
During the comment period, NMFS received comments from the Marine
Mammal Commission (Commission) and from six individuals.
Comment 1: The Commission states that NMFS' preliminary
determinations are reasonable provided that all reasonable measures
will be taken to ensure the least practicable impact on the subject
species and the required mitigation and monitoring activities are
carried out as described in the March 23, 2005 Federal Register notice
and the subject application.
Response: NMFS appreciates the Commission's comment and is
requiring all mitigation and monitoring activities that have been
described in Boeing's application. NMFS is also requiring Boeing to
take all reasonable measures to ensure the least practicable impact on
the species, such as turning on lighting before dusk and initiating
activities before dusk if Boeing will be conducting harbor activities
at night.
Comment 2: Two individuals expressed concerns that NMFS would be
authorizing Boeing to harm or kill marine mammals in the course of this
project. Another individual asked exactly what the harassment entailed.
Response: 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'']. The harassment authorized under
this IHA is expected to be in the form of visual and acoustic stimuli
resulting from dredging and vessel operations.
The taking by serious injury or death of any marine mammal is not
authorized by this IHA and would result in the modification, suspension
or revocation of this Authorization. NMFS anticipates that Boeing's
harbor activities will result in no more than Level B Harassment that
is limited to short term and localized behavioral changes, such as
startle reactions or flushes of low numbers of individuals from haul-
out sites.
Comment 3: One individual felt that Boeing should not be permitted
to dredge the harbor at VAFB without disclosing to the public the
reasons dredging is needed. Another individual also wanted to know why
VAFB needed to dredge the harbor. Another individual, in reference to
the dredging, thought that a blanket approval to harass animals for 3-5
weeks was extreme.
Response: Boeing disclosed to the public the need for dredging in
the 2001 Final USAF EA for Harbor Activities Associated with the Delta
IV Program at VAFB. As explained in that document, when this project
was scheduled to begin, the harbor had not been dredged since 1989 and
was filled with sediment to approximately the 0 foot mean lower low
water (MLLW) level at the foot of the dock. The Delta Mariner has an
absolute minimum draft of approximately 8 ft (2.4 m) and a working
minimum draft of approximately 9 ft (2.7 m). To accommodate the Delta
Mariner the harbor needed to be dredged to its original working depth
of 10 ft (3.0m) MLLW plus a 2-ft (0.6 m) overdredge. VAFB is located
along a very dynamic section of the coast and the sediment accumulation
rate is estimated at 1 foot per year. Boeing anticipates the need for
dredging annually or twice per year,
[[Page 30699]]
depending on the hardware delivery schedule.
The schedule for dredging is also addressed in the 2001 USAF EA.
Using methods outlined in a Water Quality Management Plan, dredging is
expected to proceed at a rate of 2,000 cubic yards per day (maximum
total removal of 3,000 cubic yards per maintenance dredge), which would
take a maximum of 2 days. A five-day buffer was added to allow for bad
weather or other problems. Additionally, it takes approximately 1 week
to stage the equipment prior to dredging and approximately 1 week to
demobilize the operation after the dredging.
Comment 4: One individual thought that Boeing should submit
proposals for alternate sites for the proposed activities.
Response: As discussed in the 2001 USAF EA, the VAFB harbor is the
only existing facility along the VAFB coast that can be used for off-
loading CBC's for ready transport to Space Launch Complex 6 (SLC-6),
where Boeing's Delta IV rockets will be launched. Boeing completed a
transportation study and concluded that the common booster cores are
too large to be feasibly transported from other harbors that could
accommodate the Delta Mariner.
In the Final Environmental Impact Statement for the Evolved
Expendable Launch Vehicle Program (1998), alternate sites to VAFB for
the whole program were considered.
Comment 5: One individual thought that work done on or near a
National Wildlife Reserve must be conducted with extreme caution.
Response: VAFB is sometimes referred to as a National Wildlife
Reserve to illustrate its commitment to protecting natural resources.
National Wildlife Reserve is not an official designation as applied to
VAFB and does not have any associated requirements.
Comment 6: One individual asked what kind of precautions Boeing
would use when doing the dredging. The individual also asked if
barriers could be used.
Response: Due to methods used for dredging, which involve a crane
with a clamshell dredge positioned either on the dock or a barge, NMFS
does not believe that the construction of a barrier would be an
effective way to reduce the visual or audio stimuli that the affected
pinnipeds are exposed to. The precautions to be taken during dredging
are outlined in the Mitigation section of this document and include the
continuous, versus start and stop, operation of heavy machinery, the
initiation of all nighttime activities before dark, and the turning on
of lights prior to dusk when operations are to take place at night.
These measures are intended to reduce marine mammal startle reactions
to the operations. Additionally, observers will monitor the animals
before, during, and after all harbor operations that occur when the
tide is low enough for pinnipeds to be hauled out.
Comment 7: One individual was concerned about the potential harm to
the sea otter population.
Response: VAFB formally consulted with the U.S. Fish and Wildlife
Service (USFWS) regarding possible take of the southern sea otter. A
Biological Opinion was issued in August 2001, which found that Boeing's
harbor activities will not jeopardize the continued existence of the
southern sea otter. This IHA does not alter the action in a manner that
was not previously analyzed in that consultation.
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 all 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 has been 4 to 8 hours, during periods of daylight
and high tide, for the first two arrivals. Maximum anticipated time is
14 hours.
To continue to accommodate the Delta Mariner, the harbor will need
to be maintenance 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 2 to 3 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 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
[[Page 30700]]
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 number on land occurs in September and October during the
post-breeding dispersal, 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 pinniped species are rare to infrequent along the south VAFB
coast 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 lion (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.
Southern sea otters have occasionally been observed foraging in the
kelp beds in the VAFB harbor. Potential take of sea otters during
Boeing's harbor activities was addressed by the USFWS in their 2001
Biological Opinion, which found that Boeing's harbor activities will
not jeopardize the continued existence of the southern sea otter.
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.
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
[[Page 30701]]
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 NMFS' 2005 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.
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.
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
[[Page 30702]]
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.
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.
Conclusions
NMFS has determined that the impact of conducting 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 small numbers
of Pacific harbor seals, California sea lions, and northern elephant
seals; would have no more than a 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 mammals occur within or near south VAFB harbor.
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 by the USFWS
in August 2001, which found that Boeing's harbor activities will not
jeopardize the continued existence of the southern sea otter. 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
In 2001, the USAF prepared an Environmental Assessment (EA) for
Harbor Activities Associated with the Delta IV Program at Vandenberg
Air Force Base. In 2005, NMFS prepared an EA supplementing the
information contained in the USAF EA and issued a Finding of No
Significant Impact on the issuance of an IHA for Boeing's harbor
activities 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). Accordingly, an Environmental
Impact Statement is not required.
Authorization
NMFS has issued an IHA to take marine mammals, by harassment,
incidental to conducting harbor activities at VAFB to Boeing for a 1-
year period, provided the mitigation, monitoring, and reporting
requirements are undertaken.
Dated: May 23, 2005.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-10669 Filed 5-26-05; 8:45 am]
BILLING CODE 3510-22-S