Small Takes of Marine Mammals Incidental to Specified Activities; Harbor Activities at Vandenberg Air Force Base, CA

[Federal Register: May 25, 2004 (Volume 69, Number 101)]
[Notices]
[Page 29696-29701]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my04-34]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032904C]

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 an incidental take authorization.

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, 2004, through May 19, 2005.

ADDRESSES: A copy of the IHA and the application are available by
writing to Mr. P. Michael Payne, Chief, Marine Mammal Conservation
Division, Office of Protected Resources, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910-3225, or by telephoning the contact listed
here. A copy of the application containing a list of the references
used in this document may be obtained by writing to this address or by
telephoning the contact listed here and is also available at: http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm
[numsign]applications.

FOR FURTHER INFORMATION CONTACT: Kimberly Skrupky, (301) 713-2322, ext.
163 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) 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 December 12, 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)and northern fur seals (Callorhinus ursinus) 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) and on May 20, 2003 (68 FR 36540, June 18,
2003) each for a one-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 April 7, 2004 (69 FR 18353).
During the comment period, NMFS received comments from the Marine
Mammal Commission (Commission) and from one individual.

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 require mitigation and monitoring activities be carried
out as described in the April 7, 2004 Federal Register notice and the
subject application.

Response: NMFS appreciates the Commission’s comment and is
requiring all mitigation and monitoring activities 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: An individual stated that they oppose the proposal for
harbor activities on Vandenberg Air Force Base because there is no
explanation of reef enhancement in the Federal Register notice.

Response: To mitigate the unavoidable removal of kelp habitat
within the dredge footprint, Boeing, the U.S. Air Force, and regulatory
agencies have agreed that 150 tons (136.08) metric tons) of rocky
substrate will be placed 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 U.S. Army Corps of Engineers
following the 1984 and 1989 dredgings and has resulted in the growth of
a lush kept bed adjacent to this sandy area. The location is outside of
the dredge footprint and navigation channel in a protected environment.
The breakwater will help protect the kept from storms and surges that
might tear young kelp plants from the substrate. The substrate will be
in the form of approximately 150 sharp-faced boulders, each with a
diameter of approximately 2 ft (0.61 m) and a weight of approximately 1
ton (0.91 metric ton). The boulders will be brought in by truck from an
off-site quarry, loaded by crane onto a small barge at the wharf, and
pushed by tugboat to a location along the mooring dolphins from which a
small barge-mounted crane can place them randomly into the sandy area.
This information is also contained in the Boeing application, which
could be found at:http://www.nmfs.noaa.gov/prot_res/PR2/Small_Take/smalltake_info.htm
[numsign]applications

Comment 3: The individual also states that many population
estimates are unreliable and untruthful and are political estimates
made to support something that humans want to do.

Response: Monitoring is conducted by biologically trained, on-site
individuals, approved by the NMFS Southwest Regional Office. Baseline
observations are made prior to each day’s activities, recording the
species present, numbers, location(s), and behavior of the marine
mammals in the area. Observations are also conducted during and after
each day’s activities. NMFS does not believe that past data reporting the species and numbers have ever been
doctored to justify conducting any activities.

Specified Activities

Delta Mariner off-loading operations and associated cargo movements
will occur a maximum of three times per year. 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 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. An
additional source of noise with sound levels measured at a maximum of
82 dB A-weighted (re 20 microPascals at 1 m) 6.1 m (20 ft) comes from
the engine exhaust (Acentech, 1998). Procedures require two short
(approximately 1/3 second) 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 Delta 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 Delta 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, removing up 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 76.2 m (250 ft). 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 2004 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 most 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 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 1,118 (500 hauled-out 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 primarily dependent on time of day. 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
Delta Mariner operations, cargo loading, dredging activities, and reef
enhancement activities. The maximum number of seals present during past
dredging of the harbor was 23, with an average of seven seals sighted
per observation. The harbor seal pupping site closest to south VAFB
harbor is at Rocky Point, approximately 1.6 km (1 mi) 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 in small numbers.
Although this is considered to be an unusual occurrence and is possibly
related to fish schooling in the area, Boeing has included sea lions in
their IHA request.

California sea lions range from British Columbia to Mexico. The
minimum U.S. population estimate for California sea lions is 109,854
individuals. Since 1983, the population has grown at a rate of 6.2
percent annually. 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 have never been any
reported sea lion births at VAB previously (Thomson, 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, therefore, are
unlikely to be harassed by Boeing’s activities. These two species are:
the Guadalupe fur seal (Arctocephalus townsendi), and Steller sea lions
(Eumetopias jubatus). Northern elephant seals and northern fur seals
may occur on VAFB but do not haul out in the harbor area. 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. 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 still be noisy (approximately 72 dBA) at the nearest beach
or the end of the breakwater, roughly 250 ft (76.2 m) away. The
Elevating Platform Transporter (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.

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
elevating platform transporter 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.

Under 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 result in 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 even 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 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
(ENSR 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 Final Environmental Assessment. Information in the application and
referenced sources 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 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 adopts 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 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 more than
once, and using a maximum total of 83 operating days in 2004-2005, NMFS
estimates that 145 to 623 Pacific harbor seals may be subject to Level
B harassment.

During wharf modification activities, a maximum of 6 California sea
lions were seen hauling out in a single day, averaging between 1 and 6
sea lions each day. Based on its own calculations, NMFS believes that a
total of 100 California sea lions, 10 northern elephant seals, and 5
northern fur seals may be subject to Level B harassment, because they
may be in nearby waters.

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 does anticipate 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 (136.08 metric 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 1 ton (907 kg). 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 will result in the harassment of small numbers
of Pacific harbor seals, California sea lions, northern elephant seals,
and northern fur seals; would have 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. 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 the affected species to avoid the resultant acoustic and
visual stimuli, there is no potential for large-scale movements, such
as stampedes, since harbor seals and California sea lions haul out in
small numbers near the site and northern elephant seals and northern
fur seals do not haul out in the harbor area. 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. This activity is expected to result in no more than a
negligible impact on the affected species or stocks.

Endangered Species Act (ESA)

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. 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 and stated that there would not be takes of southern
sea otters. 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 (see 68 FR 36540, June 18, 2003).

National Environmental Protection Act (NEPA)

ENSR International (ENSRI) made a Finding of No Significant Impact
(FONSI) determination on August 15, 2001, based on information
contained within its Environmental Assessment (EA), that implementation
of the subject action is not a major Federal action having significant
effects on the environment within the meaning of Executive Order 12114.
ENSRI determined therefore, that an environmental impact statement
would not be prepared. On April 7, 2004 (69 FR 18353), NMFS noted that
ENSRI had prepared an EA for the VAFB harbor activities and made this
EA available upon request. In accordance with NOAA Administrative Order
216-6 (Environmental Review Procedures for Implementing the National
Environmental Policy Act, May 20, 1999), NMFS has reviewed the
information contained in ENSRI’s EA and determined that the ENSRI EA
accurately and completely describes the proposed action alternative,
reasonable additional alternatives, and the potential impacts on marine
mammals, endangered species, and other marine life that could be
impacted by the preferred alternative and the other alternatives.
Therefore, it is not necessary to issue a new EA, supplemental EA or an
environmental impact statement for the issuance of an IHA to Boeing for
this activity. Based on this review and analysis, NMFS is adopting the
ENSRI EA under 40 CFR 1506.3 and has made its own FONSI. A copy of the
ENSRI EA and the NMFS FONSI for this activity is available upon request
(see ADDRESSES).

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 19, 2004.
Stephen L. Leathery,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 04-11801 Filed 5-24-04; 8:45 am]

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