Rule2024-07559
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to U.S. Space Force Launches and Supporting Activities at Vandenberg Space Force Base, Vandenberg, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 10, 2024
Effective
April 10, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS, in response to the request of the U.S. Space Force (USSF), hereby issues regulations and a Letter of Authorization (LOA) to govern the unintentional taking of marine mammals incidental to launches and supporting activities at Vandenberg Space Force Base (VSFB) in Vandenberg, California, from April 2024 to April 2029. Missile launches conducted at VSFB, which comprise a portion of the activities, are considered military readiness activities under the Marine Mammal Protection Act (MMPA), as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA). These regulations, which allow for the issuance of LOAs for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking.
Full Text
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<title>Federal Register, Volume 89 Issue 70 (Wednesday, April 10, 2024)</title>
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[Federal Register Volume 89, Number 70 (Wednesday, April 10, 2024)]
[Rules and Regulations]
[Pages 25163-25185]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07559]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 217
[Docket No. 240404-0097]
RIN 0648-BM48
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to U.S. Space Force Launches and
Supporting Activities at Vandenberg Space Force Base, Vandenberg,
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; notice of issuance of Letter of Authorization.
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SUMMARY: NMFS, in response to the request of the U.S. Space Force
(USSF), hereby issues regulations and a Letter of Authorization (LOA)
to govern the unintentional taking of marine mammals incidental to
launches and supporting activities at Vandenberg Space Force Base
(VSFB) in Vandenberg, California, from April 2024 to April 2029.
Missile launches conducted at VSFB, which comprise a portion of the
activities, are considered military readiness activities under the
Marine Mammal Protection Act (MMPA), as amended by the National Defense
Authorization Act for Fiscal
[[Page 25164]]
Year 2004 (2004 NDAA). These regulations, which allow for the issuance
of LOAs for the incidental take of marine mammals during the described
activities and specified timeframes, prescribe the permissible methods
of taking and other means of effecting the least practicable adverse
impact on marine mammal species or stocks and their habitat, as well as
requirements pertaining to the monitoring and reporting of such taking.
DATES: Effective from April 10, 2024, through April 9, 2029.
FOR FURTHER INFORMATION CONTACT: Leah Davis, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of USSF's Incidental Take Authorization (ITA) application,
supporting documents, received public comments, and the proposed rule,
as well as a list of the references cited in this document, may be
obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>. In case of problems accessing these documents, please call
the contact listed above (see FOR FURTHER INFORMATION CONTACT).
Purpose and Need for Regulatory Action
This final rule provides a framework under the authority of the
MMPA (16 U.S.C. 1361 et seq.) for NMFS to authorize the take of marine
mammals incidental to space vehicle (rocket) launches, missile
launches, and aircraft operations at VSFB. NMFS received a request from
USSF to incidentally take six species of marine mammals (with six
managed stocks) by Level B harassment incidental to launch noise and
sonic booms. No take by Level A harassment, mortality or serious injury
is anticipated or authorized in this final rulemaking. Please see the
Legal Authority for the Final Action section below for definitions of
harassment, serious injury, and incidental take.
Legal Authority for the Final Action
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) generally direct the Secretary of Commerce (as delegated to
NMFS) 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, regulations
are promulgated (when applicable), and public notice and an opportunity
for public comment are provided.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the affected species
or stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). If such findings are made, NMFS must prescribe the
permissible methods of taking and ``other means of effecting the least
practicable adverse impact'' on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
the species or stocks for taking for certain subsistence uses (referred
to as ``mitigation'') and requirements pertaining to the monitoring and
reporting of such takings.
As noted above, no serious injury or mortality is anticipated or
authorized in this final rule. Relevant definitions of MMPA statutory
and regulatory terms are included below:
<bullet> U.S. Citizens--individual U.S. citizens or any corporation
or similar entity if it is organized under the laws of the United
States or any governmental unit defined in 16 U.S.C. 1362(13) (50 CFR
216.103);
<bullet> Take--to harass, hunt, capture, or kill, or attempt to
harass, hunt, capture, or kill any marine mammal (16 U.S.C. 1362(13);
50 CFR 216.3);
<bullet> Incidental harassment, incidental taking, and incidental,
but not intentional, taking--an accidental taking. This does not mean
that the taking is unexpected, but rather it includes those takings
that are infrequent, unavoidable, or accidental (see 50 CFR 216.103);
<bullet> Serious Injury--any injury that will likely result in
mortality (50 CFR 216.3);
<bullet> Level A harassment--any act of pursuit, torment, or
annoyance which has the potential to injure a marine mammal or marine
mammal stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3); and
<bullet> Level B harassment--any act of pursuit, torment, or
annoyance which 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 (16 U.S.C. 1362(18); 50 CFR 216.3).
Section 101(a)(5)(A) of the MMPA and the implementing regulations
at 50 CFR part 216, subpart I provide the legal basis for proposing
and, if appropriate, issuing regulations and an associated LOA(s). This
final rule describes permissible methods of taking and mitigation,
monitoring, and reporting requirements for USSF's activities.
The National Defense Authorization Act for Fiscal Year 2004 (2004
NDAA, Pub. L. 108-136) amended the MMPA to remove the ``small numbers''
and ``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as applied to a ``military
readiness activity.'' Missile launches conducted at VSFB, which
comprise a small portion of the activities, are considered military
readiness activities pursuant to the MMPA, as amended by the 2004 NDAA.
Summary of Major Provisions Within the Final Rule
The major provisions of this final rule are:
<bullet> Scheduling launches to avoid lowest tides during harbor
seal and California sea lion pupping seasons, when practicable;
<bullet> Required flight paths for aircraft takeoffs and landings
and minimum altitude requirements to reduce disturbance to haul out
areas;
<bullet> Required minimum altitudes for unscrewed aerial systems
(UAS);
<bullet> Required acoustic and biological monitoring during a
subset of launches to record the presence of marine mammals and
document marine mammal responses to the launches; and
<bullet> Required semi-monthly surveys of marine mammal haulouts at
VSFB and Northern Channel Islands (NCI).
Summary of Request
On November 2, 2022, NMFS received a request from USSF requesting
authorization for the take of marine mammals incidental to rocket and
missile launch activities and aircraft operations at VSFB in
Vandenberg, California. Following NMFS' review of the materials
provided, USSF submitted a revised application on May 25, 2023. The
application was deemed adequate and complete on May 26, 2023. USSF's
request for authorization pertains to incidental take of six species of
marine mammals, by Level B harassment only.
On June 15, 2023, we published a notice of receipt of the USSF's
application in the Federal Register (88 FR 39231), requesting comments
and information related to the USSF request for 30 days. We received no
responsive comments. On January 29, 2024, NMFS published a proposed
rule in the Federal Register (89 FR 5451). The public comment period on
the proposed rule was open for 30 days on https://
[[Page 25165]]
www.regulations.gov starting on January 29, 2024, and closed after
February 28, 2024. The public comments can be viewed at <a href="https://www.regulations.gov/document/NOAA-NMFS-2024-0008-0003/comment">https://www.regulations.gov/document/NOAA-NMFS-2024-0008-0003/comment</a>; a
summary of public comments received during this 30-day period and NMFS
responses are described in the Comments and Responses section.
The take of marine mammals incidental to rocket and missile
launches and aircraft operations at VSFB is currently authorized via an
LOA issued under current incidental take regulations, which are
effective through April 10, 2024 (84 FR 14314; April 10, 2019). To
date, NMFS has promulgated incidental take regulations under the MMPA
for substantially similar activities at the site four times.
Responsibility for activities at the site were transferred from the
U.S. Air Force (USAF) to the USSF in May 2021, and both entities
complied with the requirements (e.g., mitigation, monitoring, and
reporting) of the current LOA. Information regarding the monitoring
results may be found in the Potential Effects of the Specified Activity
on Marine Mammals and their Habitat section.
Description of the Specified Activity
USSF operations include rocket and missile launch activities that
create noise (launch noise and/or sonic booms (overpressure of high-
energy impulsive sound)) and visual stimulus that can take pinnipeds
hauled out on shore along the periphery of VSFB by Level B harassment.
In addition, a subset of rocket launches can create noise that affects
pinniped haul outs along the shoreline of the Northern Channel Islands
(NCI), particularly San Miguel and Santa Rosa islands. In addition to
rocket and missile launch activities at VSFB, aircraft (crewed fixed
wing airplanes and rotary wing helicopters, and different types of UAS)
conduct flight operations to support activities at VSFB, and USSF
operates a small harbor on the south coast. The activities will occur
over the 5-year period of the regulations, from April 2024 through
April 2029. Activities will occur year-round and could occur at any
time of day, during any or all days of the week. As annual launch
numbers increase, more than one launch could occur on some days.
A detailed description of the planned activities comprising the
specified activity is provided in the proposed rule (89 FR 5451,
January 29, 2024) and is not repeated here. Since that time, there have
been minor changes to the schedule for rocket launches and the amount
of harbor operations that do not affect the analyses in the proposed
rule, as described below in the Changes from the Proposed to Final Rule
section of this final rule.
Required mitigation, monitoring, and reporting measures are
described in detail later in this document (see the Mitigation and
Monitoring and Reporting sections of this final rule).
Comments and Responses
The proposed rule, which was published in the Federal Register on
January 29, 2024 (89 FR 5451), described, in detail, USSF's activity,
the marine mammal species that may be affected by the activity, and the
anticipated effects on marine mammals. The proposed rule also requested
public input on the request for authorization described therein, our
analyses, our preliminary determinations, and any other aspect of the
proposed rule, and requested that interested persons submit relevant
information, suggestions, and comments.
During the 30-day public comment period, NMFS received comments
from seven members of the general public and recommendations from the
Marine Mammal Commission. All relevant substantive comments and NMFS'
responses are summarized below. The comments are available online at:
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>. Please
see the comment submissions for full details.
Comment 1: A commenter stated that USSF is requesting authorization
from NMFS to take the marine mammals out of an area where they will be
completing tests for 5 years. The commenter stated that NMFS should
require USSF to provide proper shelter and habitat for the marine
mammals and that NMFS should not be responsible for transport of the
marine mammals.
Response: The commenter appears to have misunderstood the intent of
this rulemaking, and NMFS has clarified herein. While this proposed
rule is titled ``Taking Marine Mammals Incidental to U.S. Space Force
Launches and Supporting Activities at Vandenberg Space Force Base,
Vandenberg, California,'' the rule and associated LOA would not
authorize USSF to transport marine mammals to another location. Rather,
this final rule and LOA authorize USSF to ``take'' marine mammals by
Level B harassment. The MMPA defines Level B harassment for military
readiness and non-military readiness activities. Take by Level B
harassment authorized by this final rule and LOA would be in the form
of disruption of behavioral patterns for individual marine mammals
resulting from exposure to launch related visual or auditory stimulus.
As such, while NMFS considered impacts of USSF's activities to marine
mammal habitat, as described in the Potential Effects of the Specified
Activity on Marine Mammals and Their Habitat section of the proposed
rule (89 FR 5451, January 29, 2024) and this final rule, this final
rule does not require USSF to provide shelter and habitat for marine
mammals.
Comment 2: NMFS received comments stating that despite not doing
substantial harm to pinnipeds, it should be of importance to minimize
or potentially eliminate any take to the pinnipeds, and there must be a
clear mitigation plan with an end goal of eliminating any takes; that
it is imperative for the USSF to find a way that either absorbs or
reflects the sound of sonic booms away from seals; and that USSF could
explore the use of technology to reduce noise levels during launches.
One comment stated that a study of physical response from pinniped
species is not enough to prove minimal harm, although the commenter
stated that they admire the amount of research and attention the USSF
gave to including biological effects in their research and USSF's
acknowledgement of harm from these disturbances.
Another comment stated that it is important to consider the
potential effects of launches and supporting activities on marine
mammal populations and to implement measures to mitigate any negative
impacts. The commenter stated that, for example, USSF could implement
monitoring programs to assess the potential impact of their activities
on marine mammal populations, and could adjust their operations if
necessary to minimize any adverse effects.
Response: NMFS concurs with the commenters that appropriate
mitigation for USSF's activity is important. While the statutory
criteria for issuance of an ITA does not use the terminology of
``minimal harm'' to marine mammals, as described in the Mitigation
section of this final rule, in order to authorize take under section
101(a)(5)(A) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to the activity, and other means of effecting the
least practicable impact on the species or stock and its habitat,
paying particular attention to rookeries, mating grounds, and areas of
similar significance, and on the availability of the species or stock
for taking for certain subsistence uses (the latter not being
[[Page 25166]]
applicable for this action). As such, this final rule requires USSF to
implement certain mitigation measures for its activities. For launches
(rockets and missiles), USSF must provide pupping information to launch
proponents at the earliest possible stage in the launch planning
process to maximize their ability to schedule launches to minimize
pinniped disturbance during pupping seasons on VSFB from 1 March to 30
April and on the Northern Channel Islands from 1 June to 31 July. If
practicable, rocket launches predicted to produce a sonic boom on the
Northern Channel Islands >3 pounds per square foot (psf) from 1 June--
31 July will be scheduled to coincide with tides in excess of +1.0 feet
(ft; 0.3 m), with an objective to do so at least 50 percent of the
time. USSF will provide to NMFS for approval a detailed plan that
outlines how this measure will be implemented. This measure will
minimize occurrence of launches during low tides when harbor seals and
California sea lions are anticipated to haul out in the greatest
numbers during times of year when pupping may be occurring, thereby
further reducing the already unlikely potential for separation of
mothers from pups and potential for injury during stampedes. While
harbor seal pupping extends through June, harbor seals reach full size
at approximately 2 months old, at which point they are less vulnerable
to disturbances. In consideration of those facts and practicability
concerns raised by USSF, this measure does not extend through the later
portion of the harbor seal pupping season at VSFB.
For manned flight operations, aircraft must use approved routes for
testing and evaluation. Manned aircraft must also remain outside of a
1,000-ft (305 m) buffer around pinniped rookeries and haul-out sites
(except in emergencies such as law enforcement response or Search and
Rescue operations, and with a reduced, 500-ft (152 m) buffer at Small
Haul-out 1). As discussed earlier, use of these routes and
implementation of the buffer would avoid behavioral disturbance of
marine mammals from manned aircraft operations.
For UAS, UAS classes 0-2 must maintain a minimum altitude of 300 ft
(91 m) over all known marine mammal haulouts when marine mammals are
present, except at take-off and landing. Class 3 must maintain a
minimum altitude of 500 ft (152 m), except at take-off and landing. UAS
classes 4 and 5 only operate from the VSFB airfield and must maintain a
minimum altitude of 1,000 ft (305 m) over marine mammal haulouts except
at take-off and landing. USSF must not fly class 4 or 5 UAS below 1,000
ft (305 m) over haulouts.
While absorbing or reflecting the sound of sonic booms away from
seals, as suggested by the commenter, could be an effective measure in
theory, such technology does not currently exist.
In addition to the mitigation described above, USSF must conduct
monitoring as suggested by the commenter. USSF must conduct routine,
semi-monthly counts on all haul out sites on VSFB and launch-specific
monitoring at VSFB and/or NCI when specific criteria are met. Please
see the Monitoring and Reporting section of this final rule for
additional details.
Comment 3: A commenter noted that the USSF has requested a 5-year
ITA, but will continue rocket and missile launches that take pinnipeds
beyond the 5-year expiration of an authorization, such that it will
need to request subsequent authorization(s). The commenter stated that
a 5-year request is ``redundant'' if it will continue to be requested.
Response: Under section 101(a)(5)(A) of the MMPA, incidental take
authorizations are limited to periods of 5 years at a time for all non-
commercial fishing activities except military readiness activities, for
which incidental take authorizations can be effective for up to 7 years
at a time. Accordingly, for applicants or authorization-holders that
want MMPA incidental take authorization for activities that extend
beyond 5 (or 7) years, it is necessary for them to request, and NMFS to
analyze and potentially issue, a new authorization every 5 (or 7)
years.
NMFS also received recommendations from the Marine Mammal
Commission (MMC), which are noted in the next section, Changes from the
Proposed to Final Rule.
Changes From the Proposed to Final Rule
NMFS made changes to multiple components in this final rule, in
part due to additional discussions with USSF, and in part as a result
of recommendations provided by the MMC. These changes are relatively
minor and in many cases, are intended to further clarify the
requirements of the rule. In table 9 and table 13 of the proposed rule
(89 FR 5451, January 29, 2024), the 5-year take numbers reflect the
addition of the unrounded annual take estimates for each year.
Following the MMC's recommendation, NMFS updated table 5 and table 10
of this final rule such that the 5-year take estimates reflect the sum
of the rounded annual take numbers. This resulted in a change to the 5-
year take estimate for harbor seal and elephant seal in table 5, and
for California sea lion and Guadalupe fur seal in table 10.
NMFS made some minor changes to the monitoring measures in this
final rule. First, as recommended by the MMC, NMFS clarified 50 CFR
217.65(c) to state that, at VSFB, USSF must conduct marine mammal
monitoring and take acoustic measurements (1) for all new rockets, (2)
for rockets (existing and new) launched from new facilities, (3) for
larger or louder rockets (including those with new launch proponents)
than those that have been previously launched from VSFB during their
first three launches, and (4) for the first three launches from any new
facilities during March through July. This updated language did not
change the intent of the proposed measure. (In the proposed rule, this
measure stated ``at VSFB, USSF must conduct marine mammal monitoring
and take acoustic measurements for all new rockets (for both existing
and new launch proponents using the existing facilities) that are
larger or louder than those that have been previously launched from
VSFB during their first three launches and for the first three launches
from any new facilities during March through July.'') Second, also in
response to an MMC recommendation, NMFS updated 50 CFR 217.65(c)(2) and
(h)(2) to clarify that USSF must conduct a minimum of four surveys per
day during the 72 hours prior to a launch and during the 48 hours after
a launch. (The proposed rule did not include a required minimum number
of surveys, and instead stated that ``monitoring must include multiple
surveys each day.'') Third, upon further consideration, NMFS' final
rule requires monitoring of launches with a sonic boom expected to
exceed 7 psf from January 1 through February 28. (The proposed rule did
not require monitoring on the NCI from October 1 through February 28
each year, a portion of which overlaps with elephant seal pupping.)
This change is intended to ensure that some monitoring is conducted
during the majority of the period when elephant seal pups may be
present on the NCI.
NMFS also updated several reporting requirements as recommended by
the MMC. NMFS updated Sec. 217.65(j)(1) to require reporting of the
number(s), type(s), and location(s) of rockets/missiles launched. NMFS
also added the description of responses that would constitute
harassment from this activity to Sec. 217.65(j)(3)(iv) of this final
rule. NMFS also edited Sec. 217.65(j)(3)(v) to require that USSF
report the length of
[[Page 25167]]
time the animal(s) remained off the haulout. Lastly, NMFS updated Sec.
217.65(j)(3)(vii) to specify that the recorded sound levels associated
with the launch must be reported in sound exposure level (SEL), peak
sound pressure level (SPLpeak), and root mean square sound pressure
level (SPLrms), and psf if a sonic boom occurs. Additionally, USSF must
report the estimated distance of the recorder to the launch site and
the distance of the closest animals to the launch site.
The required reporting frequency for individual launches has also
been updated. The proposed rule would have required USSF to submit a
launch report to NMFS' West Coast Region and Office of Protected
Resources within 90 days for each rocket or missile launch where
monitoring is required. In coordination with USSF, NMFS updated this
measure to require USSF to submit this information in its annual
report, rather than separate, launch-specific reports. NMFS anticipates
that submission of this information in an annual report will be
administratively simpler for USSF, and it will also make the
information easier for NMFS and the public to locate and consider. NMFS
also updated Sec. 217.65(k), related to reporting of mortality or
injury of marine mammals. As suggested by the MMC in its informal
comments, this measure now requires that if real-time monitoring during
a launch shows that the activity identified in Sec. 217.60(a) is
reasonably likely to have resulted in the mortality or injury of any
marine mammal, USSF must notify NMFS within 24 hours (or next business
day). NMFS and USSF must then jointly review the launch procedure and
the mitigation requirements and make appropriate changes through the
adaptive management process, as necessary and before any subsequent
launches of rockets and missiles with similar or greater sound fields
and/or sonic boom pressure levels. (In the proposed rule, this measure
required reporting of likely mortality or injury of any marine mammals
within 48 hours of discovery, but it did not specify steps that would
be taken after a report is made.)
Further, after publication of the proposed rule, USSF notified NMFS
that United Launch Alliance (ULA) concluded its lease of the space
launch complex (SLC)-6 site, and SpaceX plans to begin launches of its
Falcon and Falcon Heavy rockets in late 2024/early 2025. This would
include no more than five Falcon Heavy launches per year. The total
number of rocket launches from VSFB would not exceed the 110 launches
estimated in the proposed rule (89 FR 5451, January 29, 2024). Further,
while some of these launches may result in a sonic boom exceeding 2.0
psf over the NCI, the total number of launches exceeding the 2.0 psf
threshold over NCI would not increase from that described in the
proposed rule (89 FR 5451, January 29, 2024). Therefore these changes
did not affect our analysis and changes to the take estimates were not
warranted.
Additionally, as described in the proposed rule (89 FR 5451,
January 29, 2024), USSF's activity includes harbor operations (e.g.,
vessel transits). While pinnipeds may occur around the harbor, NMFS
generally expects that they would be habituated to these routine harbor
operations and, while they may show brief reactions to these
activities, such reactions are not expected to qualify as Level B
harassment. Since publication of the proposed rule, USSF has informed
NMFS that harbor operations will be more extensive than initially
anticipated and described in the proposed rule (up to 200 small barge
operations per year vs. 30 as described in the proposed rule). However,
this change does not alter our assessment that take is not expected to
result from harbor operations.
Lastly, since publication of the proposed rule (89 FR 5451, January
29, 2024), NMFS released the draft 2023 Stock Assessment Reports (SARs;
available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>). Therefore, in this
final rule NMFS updated information on abundance and serious injury and
mortality information for Steller sea lions, as reflected in the 2023
SARs (see table 1).
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
relevant behavior and life history of the potentially affected species.
NMFS fully considered all of this information, and we refer the reader
to these descriptions and to additional information regarding
population trends and threats that may be found in NMFS' SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>). More general information about these species (e.g.,
physical and behavioral descriptions) may be found on NMFS' website
(<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
authorized for this activity, and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species or
stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprise that stock. We also refer to studies and onsite monitoring to
inform abundance and distribution trends within the project area. For
some species, such as the Guadalupe fur seal, this geographic area may
extend beyond U.S. waters. All managed stocks in this region are
assessed in NMFS' SARs. All values presented in table 1 are the most
recent available at the time of publication and are available online
at: <a href="https://ww.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://ww.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
[[Page 25168]]
Table 1--Marine Mammal Species \1\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\2\ abundance survey) \3\ SI \4\
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Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
California Sea Lion............. Zalophus californianus. United States.......... -, -, N 257,606 (N/A, 233,515, 14,011 >321
2014).
Guadalupe Fur Seal.............. Arctocephalus townsendi Mexico................. T, D, Y 34,187 (N/A, 31,019, 1,062 >=3.8
2013).
Northern Fur Seal............... Callorhinus ursinus.... California............. -, D, N 14,050 (N/A, 7,524, 451 1.8
2013).
Steller Sea Lion................ Eumetopias jubatus..... Eastern................ -, -, N 36,308 \5\ (N/A, 2,178 93.2
36,308, 2022).
Family Phocidae (earless seals):
Harbor Seal..................... Phoca vitulina......... California............. -, -, N 30,968 (N/A, 27,348, 1,641 43
2012).
Northern Elephant Seal.......... Mirounga angustirostris California Breeding.... -, -, N 187,386 (N/A, 85,369, 5,122 13.7
2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(<a href="https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>; Committee on Taxonomy (2022)).
\2\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\3\ NMFS marine mammal SARs online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>-region.
CV is the coefficient of variation; Nmin is the minimum estimate of stock abundance.
\4\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual mortality and serious injury (M/SI) often cannot be determined precisely and is in some cases presented as
a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
\5\ Best estimate of counts that have not been corrected for animals at sea during abundance surveys. Estimates provided are for the U.S. only.
As indicated above, all six species (with six managed stocks)
temporally and spatially co-occur with the specified activity to the
degree that take is reasonably likely to occur. In addition to the 6
species of pinniped expected to be affected by the specified
activities, an additional 28 species of cetaceans are expected to occur
or could occur in the waters near the project area. However, we have
determined that the potential stressors associated with the specified
activities that could result in take of marine mammals (i.e., launch
noise, sonic booms and disturbance from aircraft operations) only have
the potential to result in harassment of marine mammals that are hauled
out of the water. Noise from the specified activities is unlikely to
ensonify subsurface waters to an extent that could result in take of
cetaceans. Therefore, we have concluded that the likelihood of the
planned activities resulting in the harassment of any cetacean to be so
low as to be discountable. Accordingly, cetaceans are not considered
further in this final rule. Further, only one live northern fur seal
has been reported at VSFB in the past 25 years (SBMMC 2012), at least
two deceased fur seals have been found on VSFB. Guadalupe fur seals
have yet to be reported at VSFB. Therefore, it is extremely unlikely
that any fur seals will be taken at that site. However as discussed
below, NMFS anticipates that both species could be taken at NCI.
Steller sea lions are not anticipated to occur at NCI, and therefore,
are not expected to be taken at that site, but are likely to be taken
at VSFB. Harbor seal, northern elephant seal, and California sea lion
are likely to be taken at both NCI and VSFB.
California sea otters (Enhydra lutris nereis) may also be found in
waters off of VSFB, which is near the southern extent of their range.
However, California sea otters are managed by the U.S. Fish and
Wildlife Service and are not considered further in this final rule.
A detailed description of the species likely to be affected by
USSF's activities, including brief introductions to the species and
relevant stocks as well as available information regarding population
trends and threats, and information regarding local occurrence, were
provided in the proposed rule (89 FR 5451, January 29, 2024); since
that time, we are not aware of any changes in the status of these
species and stocks; therefore, detailed descriptions are not provided
here. Please refer to the proposed rule for these descriptions. Please
also refer to NMFS' website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for generalized species accounts.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of noise from USSF's activities have the potential to
result in behavioral harassment of marine mammals in the vicinity of
VSFB and the NCI. The proposed rule (89 FR 5451, January 29, 2024)
included a discussion of the effects of anthropogenic noise on marine
mammals and the potential effects of noise from USSF's activities on
marine mammals and their habitat. That information and analysis is
referenced in this final rule and is not repeated here; please refer to
the proposed rule (89 FR 5451, January 29, 2024).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
authorized by this rule and LOA, which will inform both NMFS'
consideration of ``small numbers'' and the negligible impact
determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to military readiness activities,
section 3(18) of 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). As stated above, a relatively small
portion of USSF's
[[Page 25169]]
activities are considered military readiness activities. For military
readiness activities, the MMPA defines ``harassment'' as: (i) Any act
that injures or has the significant potential to injure a marine mammal
or marine mammal stock in the wild (Level A harassment); or (ii) Any
act that disturbs or is likely to disturb a marine mammal or marine
mammal stock in the wild by causing disruption of natural behavioral
patterns, including, but not limited to, migration, surfacing, nursing,
breeding, feeding, or sheltering, to a point where the behavioral
patterns are abandoned or significantly altered (Level B harassment).
The take estimate methodology outlined below is considered appropriate
for the quantification of take by Level B harassment based on either of
the two definitions.
Authorized takes are by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to launch related visual or auditory stimulus.
Based on the nature of the activity and as shown in activity-specific
studies (described below), Level A harassment is neither anticipated
nor authorized. As described previously, no serious injury or mortality
is anticipated or authorized for this activity. Below we describe how
the authorized take numbers are estimated.
For acoustic impacts, generally speaking, we estimate take by
considering: (1) acoustic thresholds above which NMFS believes the best
available science indicates marine mammals will be behaviorally
harassed or incur some degree of permanent hearing impairment; (2) the
area that will be ensonified above these levels in a day; (3) the
density or occurrence of marine mammals within these ensonified areas;
and, (4) the number of days of activities. We note that while these
factors can contribute to a basic calculation to provide an initial
prediction of potential takes, additional information that can
qualitatively inform take estimates is also sometimes available (e.g.,
previous monitoring results or average group size). Below, we describe
the factors considered here (which include thresholds for take from
launches and UAS, considered in combination with pinniped survey data
in the form of daily counts) in more detail and present the take
estimates.
Acoustic Thresholds
For underwater sounds, NMFS recommends the use of acoustic
thresholds that identify the received levels above which exposed marine
mammals would be reasonably expected to be behaviorally harassed
(equated to Level B harassment) or to incur permanent threshold shift
(PTS) of some degree (equated to Level A harassment). Thresholds have
also been developed identifying the received level of in-air sound
above which exposed pinnipeds would likely be behaviorally harassed.
Here, thresholds for behavioral disturbance from launch activities have
been developed based on observations of pinniped responses before,
during, and after launches and UAS activity. For rocket and missile
launches at VSFB, given the sound levels and proximity, NMFS assumes
that all rocket launches will behaviorally harass pinnipeds of any
species hauled out at sites around the periphery of the base. For
rocket launches from VSFB that transit over or near NCI, based on
several years of onsite behavioral observations and monitoring data,
NMFS predicts that those that create a sonic boom over 2.0 psf could
behaviorally harass pinnipeds of any species hauled out on NCI. For UAS
activity NMFS predicts that, given the potential variability of
locations, routing and altitudes necessary to meet mission needs,
classes 0-3 could behaviorally harass pinnipeds of any species hauled
out at VSFB.
Regarding potential hearing impairment, the effects of launch noise
on pinniped hearing were the subject of studies at the site in the
past. In addition to monitoring pinniped haul-out sites before, during
and after launches, researchers were previously required to capture
harbor seals at nearby haulouts and Point Conception to test their
sensitivity to launch noises. Auditory Brainstem Response (ABR) tests
were performed under 5-year SRPs starting in 1997. The goal was to
determine whether launch noise affected the hearing of pinnipeds (MMCG
and SAIC 2012a). The low frequency sounds from launches can be intense,
with the potential of causing a temporary threshold shift (TTS), in
which part or all of an animal's hearing range is temporarily
diminished. In some cases, this diminishment can last from minutes to
days before hearing returns to normal. None of the seals tested in
these studies over a span of 15 years showed signs of TTS or PTS,
supporting a finding that launch noise at the levels tested is unlikely
to cause PTS and that any occurrence of TTS may be of short duration.
Ensonified Area
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
Because the haulouts at NCI are more distant from the rocket launch
sites than those at VSFB, different methods are used to predict when
launches are likely to impact pinnipeds at the two sites. As stated
above, for rocket and missile launches at VSFB, NMFS conservatively
assumes that all rocket launches will behaviorally harass pinnipeds of
any species hauled out at sites around the periphery of the base. For
rocket launches from VSFB that transit over or near NCI, NMFS predicts
that those that are projected to create a sonic boom over 2 psf could
behaviorally harass pinnipeds of any species hauled out on NCI. For UAS
activity, NMFS predicts that classes 0-3 could behaviorally harass
pinnipeds of any species hauled out at VSFB.
The USSF is not able to predict the exact areas that will be
impacted by noise associated with the specified activities, including
sonic booms, launch noise and UAS operations. Many different types of
launch vehicle types are operated from VSFB. Different combinations of
vehicles and launch sites create different sound profiles, and dynamic
environmental conditions also bear on sound transmission. As such, the
different haul-out sites around the periphery of the base are
ensonified to varying degrees when launches and, when applicable,
recoveries of first stage boosters occur. USSF is not able to predict
the exact timing, types and trajectories of these future rocket launch
programs. However, as described below, rocket launches are expected to
behaviorally disturb pinnipeds at VSFB and some launches are also
expected to disturb pinniped hauled out at NCI. Missiles are only
expected to impact pinnipeds at Lion Rock (Point Sal), and UAS impacts
are only expected to occur at Small Haulout 1 (in VSFB).
Therefore, for the purposes of estimating take, we conservatively
estimate that all haulout sites at VSFB will be ensonified by rocket
launch noise above the level expected to result in behavioral
disturbance. Different space launch vehicles also have varying
trajectories, which result in different sonic boom profiles, some of
which are likely to affect areas on the NCI (San Miguel, Santa Rosa,
Santa Cruz, and Anacapa). Based on several years of onsite monitoring
data, harassment of marine mammals is unlikely to occur when the
intensity of a sonic boom is below 2 psf. Santa Cruz and Anacapa
Islands are not expected to be impacted by sonic booms in excess of 2
psf (USAF, 2018), therefore, USSF does not
[[Page 25170]]
anticipate take of marine mammals on these islands, and NMFS concurs.
Sonic booms from VSFB launches or recoveries can impact haul out areas
and may take marine mammals on San Miguel Island and occasionally on
Santa Rosa Island. In order to accommodate the variability of possible
launches and (when applicable) sonic booms over NCI, USSF estimates
that 25 percent of pinniped haulouts on San Miguel and Santa Rosa
Islands may be ensonified to a level above 2 psf. NMFS concurs, and we
consider this to be a conservative assumption based on sonic boom
models which show that areas predicted to be impacted by a sonic boom
with peak overpressures of 2 psf and above are typically limited to
isolated parts of a single island, and sonic boom model results tend to
overestimate actual recorded sonic booms on the NCI (personal
communication: R. Evans, USSF, to J. Carduner, NMFS, OPR).
Modeling has not been required for launches of currently deployed
missiles because of their trajectories west of VSFB and north of San
Miguel Island and the previously well-documented acoustic properties of
the missiles. The anticipated Ground-Based Strategic Defense Program
(GBSD) is expected to utilize approximately the same trajectories as
the current intercontinental ballistic missile (ICBM), and the GBSD
program will be required to model at least one representative launch.
When missiles are launched in a generally western direction (they turn
south several hundred miles from VSFB and at high altitude), there is
no sonic boom impact on the NCI; thus take of pinnipeds on NCI is not
anticipated from missile launches. Given flight characteristics and
trajectories, take from missile launch is not anticipated for most
species. However, given proximity and the generally western trajectory,
noise from missile launches from North Base may take California sea
lions that haul out at Lion Rock (Point Sal) near VSFB's northern
boundary.
Marine Mammal Occurrence and Take Estimation
In this section, we bring together the information above and
describe take from the three different activity types (rockets,
missiles, and UAS) expected to occur at VSFB and NCI, the marine mammal
occurrence data (based on two survey series specific to VSFB and NCI),
species and location-specific data related the likelihood of either
exposure (e.g., tidal differences) or response (e.g., proportion of
previously recorded responses that qualify as take), and the amount of
activity. We describe the calculations used to arrive at the take
estimates for each activity, species, and location, and present the
total estimated take in table 11.
NMFS uses a three-tiered scale to determine whether the response of
a pinniped on land to stimuli is indicative of Level B harassment under
the MMPA (table 2). NMFS considers the behaviors that meet the
definitions of both movements and flushes in table 2 to qualify as
Level B harassment. Thus a pinniped on land is considered by NMFS to
have been taken by Level B harassment if it moves greater than two
times its body length, or if the animal is already moving and changes
direction and/or speed, or if the animal flushes from land into the
water. Animals that become alert or stir without other movements
indicative of disturbance are not considered harassed. Prior
observations of pinniped responses to certain exposures may be used to
predict future responses and assist in estimating take. Here, the
levels of observed responses of particular species during monitoring
are used to inform take estimate correction factors as described in the
species and activity-specific sections below.
Table 2--Levels of Pinniped Behavioral Disturbance on Land
----------------------------------------------------------------------------------------------------------------
Characterized as Level
Level Type of response Definition B harassment by NMFS
----------------------------------------------------------------------------------------------------------------
1............................... Alert............. Seal head orientation or brief No.
movement in response to
disturbance, which may include
turning head towards the
disturbance, craning head and
neck while holding the body
rigid in a u-shaped position,
changing from a lying to a
sitting position, or brief
movement of less than twice the
animal's body length.
2............................... Movement.......... Movements in response to the Yes.
source of disturbance, ranging
from short withdrawals at least
twice the animal's body length
to longer retreats over the
beach, or if already moving a
change of direction of greater
than 90 degrees.
3............................... Flush............. All retreats (flushes) to the Yes.
water.
----------------------------------------------------------------------------------------------------------------
Data collected from marine mammal surveys, including monthly marine
mammal surveys and launch-specific monitoring conducted by the USSF at
VSFB, and observations collected by NMFS at NCI, represent the best
available information on the occurrence of the six pinniped species
expected to occur in the project area. Monthly marine mammal surveys at
VSFB are conducted to document the abundance, distribution and status
of pinnipeds at VSFB. When possible, these surveys are timed to
coincide with the lowest afternoon tides of each month, when the
greatest numbers of animals are usually hauled out. Data gathered
during monthly surveys include: species, number, general behavior,
presence of pups, age class, gender, reactions to natural or human-
caused disturbances, and environmental conditions. Some species are
observed regularly at VSFB and the NCI (e.g., California sea lion),
while other species are observed less frequently (e.g., northern fur
seals and Guadalupe fur seals).
Take estimates were calculated separately for each stock in each
year that the regulations are valid (from 2024 to 2029), on both VSFB
and the NCI, based on the number of animals assumed hauled out at each
location that are expected to be behaviorally harassed by the stimuli
associated with the specified activities (i.e., launch, sonic boom, or
UAS noise). First, the number of hauled out animals per month was
estimated at both VSFB and the NCI for each stock, based on survey data
and subject matter expert input. Second, we estimated the percentage of
animals that would be taken by harassment from a launch at a given
site, using the corrections and adjustments. In order to determine that
percentage, we considered whether certain factors could result in fewer
than
[[Page 25171]]
the total estimated number at a location being harassed. These factors
include whether the extent of ensonification is expected to affect only
a portion of the animals in an area, tidal inundation that displaces
animals from affected areas and for species reactivity to launch noise,
life history patterns and, where appropriate, seasonal dispersal
patterns.
Launches covered in this authorization are not expected to produce
a sonic boom over the mainland except that some first stage recoveries
back to launch facilities on the base that may do so. Because first
stage recoveries always occur within 10 minutes of the initial launch,
a response from any given animal to both launch and recovery are
considered to be one instance of take, even when both launch and
recovery meet or exceed the 2 psf threshold for calculating take.
Vandenberg Space Force Base
As described above, rocket launches, missile launches, and UAS
activities are expected to result in take of pinnipeds on VSFB at haul
outs along the periphery of the base. Because the supporting
information and/or methods are different for these three activity
types, we describe them separately below. Launches from different
launch facilities at VSFB create different degrees of ensonification at
specific haul out sites, and further, USSF has limited ability to
forecast which launch sites may be used for future launches. As
described previously, some launches also involve the recovery of a
booster component back to the launch site, or to an alternate offshore
location.
As noted above, NMFS first estimated the number of hauled out
animals per month at VSFB for each stock. NMFS used marine mammal
counts collected by USSF during monthly marine mammal surveys to
approximate haulout abundance. NMFS compared monthly counts for a given
species from 2020 to 2022 and selected the highest count (sum across
all haul out sites) for each month for each species, as indicated in
table 3. NMFS then selected the highest monthly count for each species
and used that as the estimated number of animals that would be hauled
out at any given time during a launch. Because launches from different
SLCs impact different haul-outs, we expect that using this highest
monthly estimate will result in a conservative take estimate.
Therefore, NMFS considers the 2020-2022 survey data relied upon to be
the best data available.
As further indicated in the table 4, and described below, the
predicted number of animals taken by each launch, by species, is
adjusted as indicated to account for the fact that (1) for some
species, animals are only hauled out and available to be taken during
low tide and (2) years of monitoring reports showing that different
species respond behaviorally to launches in a different manner.
Table 3--VSFB Max Counts From Monthly Surveys, 2020-2022
----------------------------------------------------------------------------------------------------------------
Pacific harbor California sea Northern
Month seal lion Steller sea lion elephant seal
----------------------------------------------------------------------------------------------------------------
Jan................................... 61 11 None in USSF record 2020- 76
2022.
Feb................................... 73 9 0....................... 63
Mar................................... 105 0 0....................... 50
Apr................................... 87 3 0....................... 173
May................................... 95 * 112 0....................... * 302
Jun................................... * 149 72 0....................... 78
Jul................................... 61 26 0....................... 20
Aug................................... 60 1 0....................... 11
Sept.................................. 54 16 0....................... 82
Oct................................... 59 2 0....................... 228
Nov................................... 65 28 0....................... 251
Dec................................... 51 16 0....................... 122
USSF Estimated Max: 5 *.
----------------------------------------------------------------------------------------------------------------
Note: * indicates the highest monthly count for a given species.
Rocket Launches at VSFB
USSF assumes that all rocket launches will take, by Level B
harassment, animals hauled out at sites around the periphery of the
base. Some rocket launches create overpressure at time of launch, and
some recoveries of first-stage boosters can create a sonic boom when
they return to the launch pad. Some flights also transit over or near
portions of the NCI, but potential impacts to marine mammals at the NCI
are discussed separately, below.
Table 5 lists the authorized take by Level B harassment from rocket
launch and recovery activities at VSFB, and below we describe how NMFS
estimated take for each species. Note that northern fur seal and
Guadalupe fur seal are not anticipated to occur at VSFB, and therefore,
NMFS does not anticipate impacts to these species at VSFB.
Harbor Seals
Pacific harbor seals haul out regularly at more than ten sites on
both north and south VSFB. They are the most widespread pinniped
species on VSFB and have been seen in all months, with decades of
successful pupping. Rocket launches from sites closer to the haulouts
are more likely to cause disturbance, including noise and visual
impacts. Many of their haulout sites are inundated during high tide,
and NMFS anticipates that take of this species will only occur during
low tides. Rocket launches from sites closer to the haulouts are more
likely to cause disturbance, including noise and visual impacts.
However, to capture variability, we assume that all rocket launches
result in Level B harassment of 100 percent of the harbor seals at all
VSFB haulouts.
To determine the number of animals that will be taken by Level B
harassment, we multiplied the max count indicated in table 3 by the
number of planned launches per year (table 5) for each year of the
authorization. As noted in table 3, monitoring data show that,
generally speaking, most if not all harbor seals exposed to launch
noise exhibit a behavioral response to launch stimulus that equates to
take by Level B harassment and, therefore, we predict that 100 percent
of animals exposed to launch noise will be taken per launch. However,
given that most haulout sites at VSFB are inundated at high tide, NMFS
applied a 50 percent correction factor (table 4). Therefore, estimated
[[Page 25172]]
takes = max daily count (149) X tidal correction factor (0.5) X number
of rocket launches in the area for each year for each year (40 in year
1, etc.), and the resulting take numbers NMFS is authorizing are listed
in table 5.
California Sea Lion
California sea lions on VSFB only haul out regularly at Rocky Point
(north and south) and Amphitheatre Cove. California sea lions are most
abundant at the haul out in Zone G at Lion Rock (Point Sal). Rocket
launches from SLC-6, SLC-8, and the future SLC-11, which are closest to
North Rocky Point, will be the most likely to result in noise and
visual impacts. Rocket launches from SLC-3E and SLC-4E, both farther
inland and some four times the distance, are less likely to impact
California sea lions at North Rocky Point. During very high tides and
strong winds, when spray is heavy, the sea lions often leave this site
or are unable to access it. Therefore, NMFS assumes that for any given
rocket launch at VSFB, 50 percent of the maximum number of California
sea lions that haul out at VSFB may be taken by Level B harassment.
To determine the number of animals that will be taken by Level B
harassment, we multiplied the max count indicated in table 3 by the
number of planned launches per year (table 5) for each year of the
authorization. As noted in table 3, monitoring data show that,
generally speaking, most if not all California sea lions hauled out at
VSFB will exhibit a behavioral response to launch stimulus that equates
to take by Level B harassment and, therefore, we predict that 100
percent of animals exposed to launch noise will be taken per launch.
However, given that most haulout sites at VSFB are inundated at high
tide, NMFS applied a 50 percent correction factor (table 4). Therefore,
the number of estimated takes = max daily count (112) x tidal
correction factor (0.5) x number of rocket launches in the area (40 in
year 1, etc.), and the resulting take numbers NMFS is authorizing are
listed in table 5.
Northern Elephant Seal
Northern elephant seals historically hauled out at VSFB only
rarely, and most animals observed onsite were subadult males. In 2004,
a record count of 188 animals was made, mostly newly weaned seals (MMCG
and SAIC 2012a); these numbers continued to increase (unpublished data,
however reported annually to NMFS). In November 2016, mature adults
were observed in Amphitheatre Cove, and pupping was first documented in
January 2017 with 18 pups born and weaned. In January 2018, a total of
25 pups were born and weaned; 26 in 2019, 34 in 2020, 33 in 2021 and 49
in 2022. Two pups were born and weaned at Boathouse Beach in both 2021
and 2022. We assume that this site, in addition to Amphitheater, will
support pupping in future years. Pupping occurs from December through
March, with peak breeding in mid-February.
To determine the number of animals that will be taken by Level B
harassment, we multiplied the max count indicated in table 3 by the
number of planned launches per year (table 5) for each year of the
authorization. As noted in table 3, given elephant seals' known lack of
sensitivity to noise, based on VSFB monitoring reports and the
literature, NMFS predicts that only 15 percent of elephant seals
exposed to the launch noise will respond in a manner that constitutes
take by Level B harassment, and, therefore, a 15 percent correction
factor was applied. We also note that, unlike for harbor seals and
California sea lions, Northern elephant seal presence and numbers are
not affected by tides. Therefore, the number of estimated takes =
highest daily count (302) x behavioral harassment correction factor
(0.15) x number of rocket launches in the area for each year (40 in
year 1, etc.), and the resulting take numbers NMFS is authorizing are
listed in table 5.
Steller Sea Lion
Steller sea lions have been observed at VSFB since April 2012 (MMCG
and SAIC 2012c), though as indicated in table 3, they were not observed
between 2020 and 2022. For purposes of estimating take, USSF estimates
that up to five Steller sea lions may haul out at VSFB during any given
launch. NMFS multiplied this number by the number of planned launches
per year for each year of the authorization (table 5). NMFS assumes
that all rocket launches result in behavioral disturbance (i.e., Level
B harassment) of 100 percent of the Steller sea lions hauled out at
VSFB. Therefore, the number of estimated takes = 5 animals x number of
rocket launches in the area (40 in year 1, etc.), and the resulting
take numbers NMFS is authorizing are listed in table 5.
Table 4--Corrections and Adjustments by Stock at VSFB 1 2
------------------------------------------------------------------------
VSFB, tidal VSFB, behavioral
inundation disturbance
Stock correction correction
(percent) (percent)
------------------------------------------------------------------------
Harbor seal (California).......... 50 100
California sea lion (California).. 50 100
Northern elephant seal (CA N/A 15
Breeding)........................
Steller sea lion (eastern)........ N/A 100
------------------------------------------------------------------------
\1\ Northern elephant seals and Steller sea lion takes are adjusted to
reflect observed species-specific reactivity to launch stimulus.
\2\ ``N/A'' indicates that no tidal adjustment was made.
Table 5--Authorized Annual and 5-Year Instances of Incidental Take From Rocket Launch and Recovery Activities at VSFB
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 year total
2024 2025 2026 2027 2028 estimated
takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Rocket Launches............................... 40 55 75 100 110 ..............
Pacific harbor seal (CA)................................ 2,980 4,098 5,588 7,450 8,195 28,311
California sea lion (U.S.).............................. 2,240 3,080 4,200 5,600 6,160 21,280
Northern elephant seal (CA breeding).................... 1,812 2,492 3,398 4,530 4,983 17,215
Steller sea lion (Eastern).............................. 200 275 375 500 550 1,900
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 25173]]
UAS at VSFB
As stated in the Description of Proposed Activity section of the
proposed rule (89 FR 5451, January 29, 2024), while harassment of
hauled out pinnipeds from UAS classes 0-2 is unlikely to occur at
altitudes of 200 ft (61 m) and above (Erbe et al., 2017; Pomeroy et
al., 2015; Sweeney et al., 2016; Sweeney and Gelatt, 2017), USSF
conservatively assumes that UAS classes 0-3 operations will take, by
Level B harassment, some animals hauled out at Small Haul-Out 1 at
VSFB. Aircraft are required to maintain a 1,000-ft (305 m) buffer
around pinniped haul-out and rookery areas except in emergency
circumstances, such as Search and Rescue. However, Small Haul-Out 1,
has a reduced 500-ft (152 m) buffer because pinnipeds using this
particular site have acclimated to the activity. Therefore, a small
number of takes by Level B harassment may result from UAS activity at
Small Haul-Out 1, only. Table 6 lists the authorized take by Level B
harassment at VSFB from UAS activities, and below, we describe how NMFS
estimated take for each species. Note that northern fur seal and
Guadalupe fur seal are not anticipated to occur at VSFB, and therefore,
NMFS does not anticipate impacts to these species at VSFB. While
Northern elephant seals have been observed on nearby beaches, only
Pacific harbor seals and California sea lions are known to use Small
Haul-Out 1, and therefore, these are the only species anticipated to be
taken by UAS activities.
Pacific Harbor Seal
Pacific harbor seals are the most common species at Small Haul-Out
1. USSF estimates that up to six harbor seals may be taken by Level B
harassment at Small Haul-Out 1 during any given UAS activity, based
upon previous monitoring data at Small Haul-Out site 1. NMFS concurs,
and multiplied this number by the number of planned UAS class 0-3
activities per year (100). Therefore, the number of estimated takes per
year = 6 animals x 100 UAS activities, and the resulting take numbers
NMFS is authorizing are listed in table 6.
California Sea Lion
California sea lions haul out at Small Haul-Out 1, though they are
less abundant than Pacific harbor seals at that site. USSF estimates
that up to one California sea lion may be taken by Level B harassment
at Small Haul-Out 1 during any given UAS activity, based upon previous
monitoring data at Small Haul-Out site 1. NMFS concurs, and multiplied
this number by the number of planned UAS class 0-3 activities per year
(100). Therefore, the number of estimated takes per year = 1 animal x
100 UAS activities, and the resulting take numbers NMFS is authorizing
are listed in table 6.
Table 6--Take by Level B Harassment of Pinnipeds From UAS Activity
------------------------------------------------------------------------
Annual take by 5-Year total take
Species Level B by Level B
harassment harassment
------------------------------------------------------------------------
Pacific harbor seal............... 600 3,000
California sea lion............... 100 500
------------------------------------------------------------------------
Missiles at VSFB
USSF oversees missile launches from seven locations on VSFB. The
launches occur on a routine basis up to 15 times per year. In addition
to originating from different locations than rockets, missile
trajectories are also different. All missile launches tend in north-
westerly direction, and missiles in flight transition to a near-
horizontal profile shortly after launch. USSF's application describes
that missile launches are not anticipated to result in take of
pinnipeds at south VSFB, as they do not create a ``boom.'' However,
USSF anticipates, and NMFS concurs, that missile launches from sites in
North Base could take California sea lions at Lion Rock (Point Sal), an
off-base location. Lion Rock (Point Sal) is the only site at which USSF
anticipates that take of pinnipeds may occur during missile activities,
and NMFS concurs. Lowry et al. (2021) provides marine mammal occurrence
data at Lion Rock (Point Sal) for July 2016 and July 2017. While NMFS
used more recent data (2020 to 2022) to estimate take of pinnipeds
during rocket launch and UAS activities (described above), those
surveys did not include Lion Rock (Point Sal), and therefore, NMFS has
relied on the Lowry et al. (2021) data for missile launch impacts.
For purposes of estimating take, NMFS conservatively estimates that
up to 518 California sea lions may haul out at Lion Rock (Point Sal)
during any given missile launch. This is the higher count of California
sea lions at the site from 2016 (Lowry et al. 2021). NMFS multiplied
this number by the number of planned launches per year (15 launches).
NMFS conservatively assumes that all California sea lions at the site
will be taken by Level B harassment during any given missile launch,
though it is relatively unlikely that all 15 launches will fly close
enough to this site to cause Level B harassment. Therefore, the number
of estimated takes = 518 animals x number of missile launches in the
area in a given year (15), and NMFS proposes to authorize 7,770 takes
by Level B harassment of California sea lion annually (38,850 over the
duration of the authorization) from missile launches at VSFB, as
indicated in table 7.
Table 7--Authorized Instances of Incidental Take From Missile Launches (Military Readiness Activity) at VSFB
----------------------------------------------------------------------------------------------------------------
5 year total
Species Location High count Launches/year Annual takes takes \1\
----------------------------------------------------------------------------------------------------------------
California sea lion............. Lion Rock, 518 (2019) 15 7,770 38,850
Point Sal
----------------------------------------------------------------------------------------------------------------
\1\ Annual take * 5 years.
[[Page 25174]]
NCI
While USSF does not propose launching rockets from NCI, as noted
previously, a subset of VSFB rocket launches transit over or near NCI,
and a subset of those may create a sonic boom that affects some portion
of pinniped haulouts on NCI (San Miguel and Santa Rosa). No take of
pinnipeds on NCI is expected to result from missile launches or UAS
activities. To estimate take of marine mammals at NCI resulting from
rocket launches at VSFB, NMFS first estimated the number of hauled out
animals per species across all potentially affected haulouts on San
Miguel and Santa Rosa Islands. NMFS selected the high count from San
Miguel and Santa Rosa Islands between 2017 and 2019 (NOAA Technical
Memorandum SWFSC-656 (Lowry et al., 2021) and summed the high counts
from each site (table 7). NMFS then applied a correction factor to this
estimate to account for whether a given species is expected to be
hauled out in the area during all or a portion of the year (table 9).
This is referred to as Step 1 below.
Next, NMFS determined the approximate number of sonic booms over 2
psf anticipated to occur over the NCI (28 over 5 years, as reflected in
USSF's application). USSF's application indicates that during previous
monitoring of pinnipeds on NCI during rocket launches, few to no
behavioral reactions that would qualify as Level B harassment using the
3-point scale (table 5) were observed during sonic booms of less than 2
psf. Therefore, in estimating take herein, NMFS assumes that take of
marine mammals will only occur during sonic booms of 2 psf or greater.
Summarizing 20 years of sonic boom modeling (MMCG and SAIC, 2012a), we
anticipate that no more than 25 percent of space launches will produce
a sonic boom greater than 2 psf over the NCI (estimated to be 28
launches over 5 years). On one occasion, pinnipeds on one side of San
Miguel Island reacted to a boom, while animals 4 miles (6 km) away on
the other did not react, nor was the boom detected there by acoustic
instruments (MMCG and SAIC, 2012a). Therefore, NMFS multiplied the
number of annual booms (table 10) by a 0.25 correction factor for all
species and rounded each year up to the next whole number. This is
referred to as step 2 below.
Next, NMFS multiplied the number of animals anticipated to be at a
haulout during a launch (calculated in step 1) by the number of annual
launches anticipated to affect animals at the haulouts (calculated in
step 2), and then multiplied the product by the likelihood of a given
species responding in a manner that would be considered take by Level B
harassment (table 10). NMFS describes the calculations in further
detail for each species, below.
Table 8--NCI, High Count 2017-2019 From SWFSC-656
[Lowry et al. (2021)]
----------------------------------------------------------------------------------------------------------------
High count
2017 2019 from 2017 and
2019
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal:
San Miguel.................................................. 230 254 254 (2019)
Santa Rosa.................................................. 266 148 266 (2017)
-----------------------------------------------
Sum..................................................... .............. .............. 520
California sea lion:
San Miguel.................................................. 49,252 60,277 60,277 (2019)
Santa Rosa.................................................. 2,692 1,618 2,692 (2017)
-----------------------------------------------
Sum..................................................... .............. .............. 62,969
Northern elephant seal:
San Miguel.................................................. 2,327 2,791 2,791 (2019)
Santa Rosa.................................................. 1,169 1,015 1,169 (2017)
-----------------------------------------------
Sum..................................................... .............. .............. 3,960
Northern fur seal:
San Miguel.................................................. 4,520 4,377 4,520 (2017)
Santa Rosa.................................................. N/R N/R N/R
-----------------------------------------------
Sum..................................................... .............. .............. 4,520
Guadalupe fur seal:
San Miguel.................................................. N/R N/R N/R
Santa Rosa.................................................. N/R N/R N/R
-----------------------------------------------
Sum..................................................... .............. .............. 5
Steller sea lion:
San Miguel.................................................. N/R N/R N/R
Santa Rosa.................................................. N/R N/R N/R
-----------------------------------------------
Sum..................................................... .............. .............. N/R
----------------------------------------------------------------------------------------------------------------
Note: N/R: No sightings recorded.
Harbor Seals
For harbor seal, the sum of the high counts at the San Miguel and
Santa Rosa haulouts during 2017 and 2019 is 520. NMFS expects Pacific
harbor seals to occur at the haulouts year round, and therefore did not
apply a correction for seasonal occurrence. NMFS multiplied the harbor
seal haulout abundance (520) by the number of booms anticipated to
overlap the haulouts (table 10, calculated in step 2 above). Based on
years of monitoring reports showing the responses of harbor seals at
NCI (which is farther from the launch sites than the VSFB sites) to
launches, NMFS anticipates that 50 percent of harbor
[[Page 25175]]
seals exposed to a sonic boom overlapping a haulout will be taken by
Level B harassment. Therefore, for each year, the number of estimated
takes = 520 animals x number of sonic booms over 2 psf x 0.5, and the
resulting take numbers NMFS is authorizing are listed in table 10.
California Sea Lions
For California sea lion, the sum of the high counts at the San
Miguel and Santa Rosa haulouts during 2017 and 2019 is 62,969. While
some California sea lions remain in the general vicinity of southern
California throughout the year and may haul out onshore, the use of
haulout sites at NCI is principally for breeding during peak summer
months. Given the fact that most male sea lions and a substantial
portion of all sea lions are not onshore at NCI outside of the breeding
season, we applied a 50 percent correction factor to better relate
instances of take to the number of individuals that may be hauled out
and subject to acoustic effects of launches. NMFS multiplied the
California sea lion haulout abundance (62,969) by the number of booms
anticipated to overlap the haulouts (table 10, calculated in Step 2
above). Based on years of monitoring reports showing the responses of
California sea lions at NCI to launches, NMFS anticipates that 25
percent of California sea lions exposed to a sonic boom overlapping a
haulout will be taken by Level B harassment. Therefore, for each year,
the number of estimated takes = 62,969 animals x number of sonic booms
over 2 psf x 0.25, and the resulting take numbers NMFS is authorizing
are listed in table 10.
Northern Elephant Seals
For Northern elephant seal, the sum of the high counts at the San
Miguel and Santa Rosa haulouts during 2017 and 2019 is 3,960. NMFS
expects Northern elephant seals to occur at the haulouts year round,
and therefore did not apply a correction for seasonal occurrence. NMFS
multiplied the Northern elephant seal haulout abundance (3,960) by the
number of booms anticipated to overlap the haulouts (table 10,
calculated in step 2 above). Based on years of monitoring reports
showing the responses of Northern elephant seals at NCI to launches,
NMFS anticipates that 5 percent of Northern elephant seals exposed to a
sonic boom overlapping a haulout will be taken by Level B harassment.
Therefore, for each year, the number of estimated takes = 3,960 animals
x number of sonic booms over 2.0 psf x 0.05, and the resulting take
numbers NMFS is authorizing are listed in table 10.
Northern Fur Seal
For Northern fur seal, the sum of the high counts at the San Miguel
and Santa Rosa haulouts during 2017 and 2019 is 4,377. Northern fur
seals spend approximately 80 percent of the year at sea, generally well
offshore (Carretta et al., 2011; Caretta et al., 2012). To account for
that seasonal occurrence, NMFS applied a conservative seasonal
correction factor of 60 percent. NMFS multiplied the Northern fur seal
haulout abundance (4,377) by the number of booms anticipated to overlap
the haulouts (table 10, calculated in step 2 above). Based on years of
monitoring reports showing the responses of Northern fur seals at NCI
to launches, NMFS anticipates that 5 percent of Northern fur seals
exposed to a sonic boom overlapping a haulout will be taken by Level B
harassment. Therefore, for each year, the number of estimated takes =
4,377 animals x number of sonic booms over 2 psf x 0.05, and the
resulting take numbers NMFS is authorizing are listed in table 10.
Guadalupe Fur Seal
For Guadalupe fur seal, the sum of the high counts at the San
Miguel and Santa Rosa haulouts during 2017 and 2019 is conservatively
assumed to be five, despite them having not been recorded there, as
noted in table 8. NMFS estimates the potential for Guadalupe fur seals
to occur at the haulouts to be comparable throughout the year and,
therefore, did not apply a correction for seasonal occurrence. NMFS
multiplied the Guadalupe fur seal haulout abundance (five) by the
number of booms anticipated to overlap the haulouts (table 10,
calculated in step 2 above). Based on years of monitoring reports
showing the responses of Guadalupe fur seals at NCI to launches, NMFS
anticipates that 50 percent of Guadalupe fur seals exposed to a sonic
boom overlapping a haulout will be taken by Level B harassment.
Therefore, for each year, the number of estimated takes = five animals
x number of sonic booms over 2 psf x 0.5, and the resulting take
numbers NMFS is authorizing are listed in table 10.
Table 9--Corrections and Adjustments by Stock at NCI 1 2
------------------------------------------------------------------------
Species response Seasonal
Species to sonic boom occurrence
(percent) (percent of year)
------------------------------------------------------------------------
Harbor seal....................... 50 100
California sea lion............... 25 50
Northern elephant seal............ 5 100
Northern fur seal................. 25 \3\ 60
Guadalupe fur seal................ 50 \4\ N/A
------------------------------------------------------------------------
\1\ Northern elephant seals and Steller sea lion takes are adjusted to
reflect observed species-specific reactivity to launch stimulus.
\2\ ``N/A'' indicates that a species is not expected to occur at the
location.
\3\ Of note, from November to May, there are approximately 125
individuals at the NCI (S. Melin, 2019), further supporting a seasonal
correction factor.
\4\ Guadalupe fur seal are generally not expected to occur on the NCI.
However, as described herein, given that they have occasionally been
sighted on the NCI, NMFS is conservatively authorizing take of
Guadalupe fur seal as described herein.
Table 10--Authorized Take by Level B Harassment at NCI
[San Miguel and Santa Rosa]
--------------------------------------------------------------------------------------------------------------------------------------------------------
5-Year total
2024 2025 2026 2027 2028 take
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum number of sonic booms........................... 5 12 24 30 33 ..............
Maximum number of sonic booms over 2.0 psf.............. 2 3 6 8 9 ..............
[[Page 25176]]
Pacific harbor seal..................................... 520 780 1,560 2,080 2,340 7,280
California sea lion..................................... 15,742 23,613 47,227 62,969 70,840 220,391
Northern elephant seal.................................. 396 594 2,970 3,960 4,455 12,375
Northern fur seal....................................... 1,313 1,970 3,939 5,252 5,909 18,383
Guadalupe fur seal...................................... 5 8 15 20 23 71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Authorized Take
Table 11 sums the take estimates described above for VSFB (rocket
launches, missile launches, and UAS) and NCI (rocket launches only).
These takes represent the number of instances of harassment of
pinnipeds following exposure to the indicated activities. However,
every take does not necessarily, and in this case is not expected to,
represent a separate individual. Rather, given the known repeated use
of haulouts by pinnipeds of all species, it is reasonable to expect
that some subset of the calculated takes represent repeated takes of
the same individuals, which means that the number of individuals taken
is expected to be significantly smaller than the number of instances of
take.
Table 11--Total Authorized Annual Take \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Highest annual
instances of
Highest 1-year Stock take as
Species 2024 2025 2026 2027 2028 take estimated abundance percent of
stock
abundance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific harbor seal............................................. 4,100 5,478 7,748 10,130 11,135 11,135 30,968 36
California sea lion............................................. 25,852 34,563 59,297 76,439 84,870 84,870 257,606 33
Northern elephant seal.......................................... 2,208 3,086 6,368 8,490 9,438 9,438 187,386 5
Steller sea lion................................................ 200 275 375 500 550 550 36,308 2
Northern fur seal............................................... 1,313 1,970 3,939 5,252 5,909 5,909 14,050 42
Guadalupe fur seal.............................................. 5 8 15 20 23 23 34,187 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Given the known repeated use of haulouts by pinnipeds of all species, it is reasonable to expect that some subset of the calculated takes represent repeated takes of the same individuals,
which means that the number of individuals taken is expected to be significantly smaller than the number of instances of take.
Mitigation
In order to issue regulations and an LOA under section 101(a)(5)(A)
of the MMPA, NMFS must set forth the permissible methods of taking
pursuant to the activity, and other means of effecting the least
practicable impact on the species or stock and its habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stock for
taking for certain subsistence uses (latter not applicable for this
action). NMFS regulations require applicants to include information
about the availability and feasibility (economic and technological) of
equipment, methods, and manner of conducting the activity or other
means of effecting the least practicable adverse impact upon the
affected species or stocks, and their habitat (50 CFR 216.104(a)(11)).
The NDAA for Fiscal Year 2004 amended the MMPA as it relates to
military readiness activities and the incidental take authorization
process such that ``least practicable impact'' shall include
consideration of personnel safety, practicality of implementation, and
impact on the effectiveness of the military readiness activity.
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost and impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
Below, we describe the required mitigation measures for launches
(rocket and missile), manned aircraft, and UAS.
Launches (Rocket and Missile)
USSF must provide pupping information to launch proponents at the
earliest possible stage in the launch planning process to maximize
their ability to schedule launches to minimize pinniped disturbance
during pupping seasons on VSFB from 1 March to 30 April and on the
Northern Channel Islands from 1 June-31 July. If practicable, rocket
launches predicted to produce a sonic boom on the Northern Channel
Islands >3 psf from 1 June-31 July will be scheduled to coincide with
tides in excess of +1.0 ft (0.3 m), with an objective to do so at least
50 percent of the time. USSF will provide a detailed plan to NMFS for
approval that outlines how this measure will be implemented. This
measure will minimize occurrence of launches during low tides when
harbor seals and California sea lions are anticipated to haul out in
the greatest numbers during times of year when pupping may be
occurring, therefore further reducing the
[[Page 25177]]
already unlikely potential for separation of mothers from pups and
potential for injury during stampedes. While harbor seal pupping
extends through June, harbor seals reach full size at approximately 2
months old, at which point they are less vulnerable to disturbances. In
consideration of that and practicability concerns raised by USSF, this
measure does not extend through the later portion of the harbor seal
pupping season at VSFB.
Manned Aircraft
For manned flight operations, aircraft must use approved routes for
testing and evaluation. Manned aircraft must also remain outside of a
1,000-ft (305 m) buffer around pinniped rookeries and haul-out sites
(except in emergencies such as law enforcement response or Search and
Rescue operations, and with a reduced, 500-ft (152 m) buffer at Small
Haul-out 1). As discussed earlier, use of these routes and
implementation of the buffer will avoid behavioral disturbance of
marine mammals from manned aircraft operations.
UAS
UAS classes 0-2 must maintain a minimum altitude of 300 ft (91 m)
over all known marine mammal haulouts when marine mammals are present,
except at take-off and landing. Class 3 must maintain a minimum
altitude of 500 ft (152 m), except at take-off and landing. UAS classes
4 and 5 only operate from the VSFB airfield and must maintain a minimum
altitude of 1,000 ft (305 m) over marine mammal haulouts except at
take-off and landing. USSF must not fly class 4 or 5 UAS below 1,000 ft
(305 m) over haulouts.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the required mitigation measures provide the means
of effecting the least practicable adverse impact on the affected
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
<bullet> Mitigation and monitoring effectiveness.
The USSF proposed a suite of monitoring measures on both VSFB and
the NCI to document impacts of the specified activities on marine
mammals. These monitoring measures include both routine, semi-monthly
counts at all haul out sites on VSFB, and launch-specific monitoring at
VSFB and/or NCI when specific criteria are met. For monitoring at VSFB
and NCI, monitoring must be conducted by at least one NMFS-approved
protected species observer (PSO) trained in marine mammal science. PSOs
must have demonstrated proficiency in the identification of all age and
sex classes of both common and uncommon pinniped species found at VSFB
and the NCI. They must be knowledgeable of approved count methodology
and have experience in observing pinniped behavior, especially that due
to human disturbances, to document pinniped activity at the monitoring
site(s) and to record marine mammal response to base operations.
Specific requirements for monitoring locations at VSFB and NCI
respectively, are described in additional detail below. In the event
that the requirement for PSO monitoring cannot be met (such as when
access is prohibited due to safety concerns), daylight or night-time
video monitoring may be used in lieu of PSO monitoring. In certain
circumstances where the daylight or nighttime video monitoring is not
possible (e.g., USSF is unable to access a monitoring site due to road
conditions or human safety concerns), USSF must notify NMFS.
Rocket Launch Monitoring at VSFB
At VSFB, USSF must conduct marine mammal monitoring and take
acoustic measurements for all new rockets, for rockets (existing and
new) launched from new facilities, and for larger or louder rockets
(including those with new launch proponents) than those that have been
previously launched from VSFB during their first three launches, and
for the first three launches from any new facilities during March
through July (i.e., the period during which harbor seals are pupping
occurs and California sea lions are present).
For the purposes of establishing monitoring criteria for VSFB
haulouts, computer software is used to model sound pressure levels
anticipated to occur for a given launch and/or recovery. Sonic boom
modeling will be performed prior to the first three small or medium
rocket launches from new launch proponents or at new launch facilities,
and all heavy or super-heavy rocket launches. PCBoom, a commercially
available modeling program, or an acceptable substitute, will be used
to model sonic booms from new vehicles.
Launch parameters specific to each launch will be incorporated into
each model run, including: launch direction and trajectory, rocket
weight, length, engine thrust, engine plume drag, and launch profile
(vehicle position versus time from launch to first-stage burnout),
among other aspects. Various weather scenarios will be analyzed from
NOAA weather records for the region, then run through the model. Among
other factors, these will include the presence or absence of the jet
stream, and if present, its direction, altitude and velocity. The type,
altitude, and density of clouds will also be considered. From these
data, the models will predict peak amplitudes and impacted locations.
As described below, this approach is also used to assess whether
thresholds (table 12) for marine mammal monitoring on NCI could be
exceeded or not, and whether
[[Page 25178]]
marine mammal monitoring will be necessary for animals hauled out at
NCI.
In general, on both VSFB and NCI, event-specific monitoring
typically involves four to six observations of each significant haul-
out area each day, over a period of 3 to 5 hours. For launches that
occur during the harbor seal pupping season (March 1 through June 30)
or when higher numbers of California sea lions are present (June 1
through July 31), monitoring will be conducted by at least one NMFS-
approved PSO trained in marine mammal science. Authorized PSOs shall
have demonstrated proficiency in the identification of all age and sex
classes of all marine mammal species that occur at VSFB. They shall be
knowledgeable of approved count methodology and have experience in
observing pinniped behavior, especially that due to human disturbances.
When launch monitoring is required, monitoring will begin at least
72 hours prior to the launch and continue through at least 48 hours
after the launch. USSF will conduct a minimum of four surveys per day
during these windows. For launches within the harbor seal pupping
season, a 2-week follow-up pup survey will be required to ensure that
there were no adverse effects to pups. During daylight monitoring,
time-lapse video recordings will be made to capture the reactions of
pinnipeds to each launch, and during nighttime monitoring, USSF will
employ night video monitoring, when feasible. Monitoring will include
multiple surveys each day. When possible, PSOs will record: species,
number, general behavior, presence of pups, age class, gender, and
reaction to launch noise, or to natural or other human-caused
disturbances. They will also record environmental conditions, including
visibility, air temperature, clouds, wind speed and direction, tides,
and swell height and direction.
NCI Launch Monitoring
USSF will conduct marine mammal monitoring and take acoustic
measurements at the NCI if the sonic boom model indicates that
pressures from a boom will reach or exceed the psf level detailed in
table 12 during the indicated date range. These dates were determined
to be appropriate to account for sensitive seasons, primarily pupping,
for the various pinniped species.
Table 12--NCI Sonic Boom Level Requiring Monitoring, by Date
------------------------------------------------------------------------
Dates Sonic boom level
------------------------------------------------------------------------
1 January-28 February................................. >7 psf.
1 March-31 July....................................... >5 psf.
1 August-30 September................................. >7 psf.
1 October-31 December................................. no monitoring.
------------------------------------------------------------------------
USSF will use specialized acoustic instruments to record sonic
booms generated by launches from VSFB and resulting overflights or
recoveries predicted to affect NCI haul out sites. VSFB will analyze
the recordings to determine the intensity, duration, and frequency of
sonic booms and resulting marine mammal responses in order to compare
monitoring results with levels considered potentially harmful to marine
mammals. The analysis can also be used to validate the efficacy of the
model.
Monitoring locations on NCI will be selected based upon the model
results, prioritizing a significant haulout site on one of the islands
where the maximum sound pressures are expected to occur. Currently,
monitoring the reactions of northern fur seals and Pacific harbor seals
to sonic booms is of a higher priority than monitoring of California
sea lions and northern elephant seals, for which more data is currently
available (table 5). Monitoring the reactions of mother-pup pairs of
any species is also a high priority.
Considering the large numbers of pinnipeds (sometimes thousands)
that occur on some NCI beaches, while estimates of the entire beach
population will be made and their reactions to the launch noise noted,
more focused and detailed monitoring will be conducted on a smaller
subset or focal group. Photos and/or video recordings will be collected
for daylight launches when feasible, and if the launch occurs in
darkness night vision equipment will be used. Potential impediments to
effective use of photographic and video equipment include periods of
reduced visibility, terrain that obscures animals from view from one
observation point, severe glare and fog that can occur, and/or other
factors.
Monitoring will be conducted by at least one NMFS-approved PSO who
is trained in marine mammal science. Another person will accompany the
monitor for safety reasons. Monitoring will commence at least 72 hours
prior to the launch, during the launch and at least 48 hours after the
launch, unless no sonic boom is detected by the monitors and/or by the
acoustic recording equipment, at which time monitoring will be stopped.
If the launch occurs in darkness, night vision equipment will be used.
Monitoring for each launch will include multiple surveys each day that
record, when possible: species, number, general behavior, presence of
pups, age class, gender, and reaction to sonic booms or natural or
human-caused disturbances. Photos and/or video recordings will be taken
when feasible. Environmental conditions will also be recorded,
including visibility, air temperature, clouds, wind speed and
direction, tides, and swell height and direction.
USSF will continue to test equipment and emerging technologies,
including but not limited to night vision cameras, newer models of
remote video cameras and other means of remote monitoring at both VSFB
and on the NCI. UAS-based or space-based technologies that may become
available will be evaluated for suitability and practicability, and for
any advantage that remote sensing may provide to existing monitoring
approaches, including ensuring coverage when scheduling constraints or
other factors impede onsite monitoring at NCI.
Missile Launch Monitoring
Multiple years of monitoring indicates that missile launches do not
result in significant take (i.e., only a subset of pinnipeds, in the
vicinity of the launch trajectory, respond in a manner that would
qualify as a take, and the impacts appear comparatively minor and of
short duration). Therefore, monitoring of marine mammals is only
required for the first three launches of the missiles for the new GBSD
during the months of March through July (i.e., the period during which
harbor seals are pupping and California sea lions are present) across
the 5-year duration of this rule.
When missile launch monitoring is required, monitoring will include
multiple surveys each day. When possible, PSOs will record: species,
number, general behavior, presence of pups, age class, gender, and
reaction to launch noise, or to natural or other human-caused
disturbances. They will also record environmental conditions, including
visibility, air temperature, clouds, wind speed and direction, tides,
and swell height and direction.
USSF Semi-Monthly Sentinel Surveys
USSF conducts marine mammal surveys on a regular basis in addition
to the monitoring that is required based on launch characteristics and
sound pressure thresholds, described above. These regular surveys help
characterize onsite trends in pinniped presence and abundance and, over
the longer term, provide important context for
[[Page 25179]]
interpreting seasonal trends and launch-specific monitoring results.
The current monthly surveys have allowed researchers to assess haul-out
patterns and relative abundance over time, presenting a better picture
of pinniped population trends at VSFB and whether USSF operations are
resulting in cumulative impacts. For the period of this LOA, and in
conjunction with changes of monitoring criteria for launches, the
applicant will change the frequency of sentinel surveys from monthly to
semi-monthly (two surveys per month).
Past surveys have captured important data including novel
occurrences (such as unsuccessful California sea lion pupping on VSFB
in 2003 and northern elephant seal pupping in 2017) and emerging or
fleeting trends (such as greater numbers of northern elephant seals
hauling out in 2004, and a temporary increase in California sea lions
onsite in 2018 and 2019). These results, in conjunction with
anticipated changes in launch activity and environmental factors
underscore the value of consistent surveys collected on a regular
basis, to provide sound context for launch-specific monitoring results.
USSF will conduct semi-monthly surveys (two surveys per month,
rather than the current monthly surveys) to monitor the abundance,
distribution, and status of pinnipeds at VSFB. Whenever possible, these
surveys will be timed to coincide with the lowest afternoon tides of
each month when the greatest numbers of animals are usually hauled out.
South VSFB surveys start about two hours before the low tide and end
two hours afterward. North VSFB surveys are either conducted by a
separate surveyor on the same day as south VSFB, or on the day before/
after south VSFB surveys. North VSFB surveys require approximately 90
minutes. Monitoring during nighttime low tides is not possible because
of the dangerously unstable nature of the bluffs overlooking many of
the observation points. Occasional VSFB or area closures also sometimes
preclude monitoring on a given day, in which case the next best day
will be selected.
NMFS-approved PSOs will gather the following data at each site:
species, number, general behavior, presence of pups, age class, gender,
and any reactions to natural or human-caused disturbances. They will
also record environmental conditions, including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction.
Adaptive Management
The regulations governing the take of marine mammals incidental to
launches and supporting activities at VSFB contain an adaptive
management component. Our understanding of the effects of launches and
supporting activities (e.g., acoustic and visual stressors) on marine
mammals continues to evolve, which makes the inclusion of an adaptive
management component both valuable and necessary within the context of
5-year regulations.
The reporting requirements associated with this rule are designed
to provide NMFS with monitoring data from the previous year to allow
NMFS to consider whether any changes to existing mitigation, monitoring
or reporting requirements are warranted. The use of adaptive management
also allows NMFS to consider new information from different sources to
determine (with input from the USSF regarding practicability) on an
annual or biennial basis if mitigation or monitoring measures should be
modified (including additions or deletions). Mitigation measures could
be modified if new data suggests that such modifications will have a
reasonable likelihood of more effectively accomplishing the goals of
the mitigation and monitoring and if the measures are practicable. If
the modifications to the mitigation, monitoring, or reporting measures
are more than minor, NMFS will publish a notice of the planned LOA in
the Federal Register and solicit public comment.
Reporting
USSF is required to submit annual reports as well as a 5-year
comprehensive report. USSF is not required to submit launch-specific
reports within 90 days after each rocket launch where monitoring is
required as was described in the proposed rule (89 FR 5451, January 29,
2024).
USSF must submit an annual report to NMFS on March 1st of each year
that describes all activities and monitoring for the specified
activities during that year. This includes launch monitoring
information for each launch where monitoring is required or conducted,
including the specific information described below in this section. The
annual reports must also include a summary of the documented numbers of
instances of harassment incidental to the specified activities,
including non-launch activities (e.g., takes incidental to aircraft or
helicopter operations observed during the semi-monthly surveys). Annual
reports must also include the results of the semi-monthly sentinel
marine mammal monitoring.
Launch monitoring information in the annual reports must include
the following:
<bullet> Date(s) and time(s) of the launch (and sonic boom, if
applicable);
<bullet> Number(s), type(s), and location(s) of rockets or missiles
launched;
<bullet> Monitoring program design; and
<bullet> Results of the monitoring program, including, but not
necessarily limited to:
[cir] Date(s) and location(s) of marine mammal monitoring;
[cir] Number of animals observed, by species, on the haulout prior
to commencement of the launch or recovery;
[cir] General behavior and, if possible, age (including presence of
pups) and sex class of pinnipeds hauled out prior to the launch or
recovery;
[cir] Number of animals, by species, age, and sex class, that
responded at a level indicative of harassment;
[cir] Number of animals, by species, age, and sex class that
entered the water, the length of time the animal(s) remained off the
haulout, and any behavioral responses by pinnipeds that were likely in
response to the specified activities, including in response to launch
noise or a sonic boom;
[cir] Environmental conditions including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction; and
[cir] Results of acoustic monitoring, including the following
[ssquf] Recorded sound levels associated with the launch (in SEL,
SPL<INF>peak</INF>, and SPL<INF>rms</INF>);
[ssquf] Recorded sound levels associated with the sonic boom (if
applicable), in psf;
[ssquf] The estimated distance of the recorder to the launch site
and the distance of the closest animals to the launch site.
USSF must submit a final comprehensive 5-year report no later than
180 days prior to expiration of these regulations. This report must
summarize the findings made in all previous reports and assess both the
impacts at each of the major rookeries and assess any cumulative
impacts on marine mammals from the specified activities.
If real-time monitoring during a launch shows that the activity
identified in Sec. 217.60(a) is reasonably likely to have resulted in
the mortality or injury of any marine mammal, USSF must notify NMFS
within 24 hours (or next business day). NMFS and USSF must then jointly
review the launch procedure and the mitigation
[[Page 25180]]
requirements and make appropriate changes through the adaptive
management process, as necessary and before any subsequent launches of
rockets and missiles with similar or greater sound fields and/or sonic
boom pressure levels.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact 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 (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, this introductory discussion of our analysis
applies to all the species listed in table 4, given that many of the
anticipated effects of this project on different marine mammal stocks
are expected to be relatively similar in nature. Where there are
meaningful differences between species or stocks, or groups of species,
in anticipated individual responses to activities, impact of expected
take on the population due to differences in population status, or
impacts on habitat, they are described independently in the analysis
below.
USSF's activities, as outlined previously, have the potential to
disturb and temporarily displace marine mammals. Specifically, the
specified activities may result in take, in the form of Level B
harassment only, from airborne sounds resulting from launches and
recoveries, including sonic booms from certain launches and sound or
visual stimuli from UAS operations. Based on the best available
information, including monitoring reports from similar activities
conducted at the site, the Level B harassment of pinnipeds will likely
be limited to reactions such as moving a short distance, with some
hauled out animals moving toward or flushing into the water for a
period of time following the disturbance.
As mentioned previously, different species of marine mammals and
different conditions at haul out sites can result in different degrees
of response from the animals. Sufficient data collected onsite can be
used to characterize the relative tendency of species to react to
acoustic disturbance and, specifically, to noise from VSFB launches and
operations. These distinctions in species response are discussed above
in the Potential Effects of Specified Activities on Marine Mammals and
Their Habitat section, and correction factors for species sensitivity
are applied to the take estimates provided in this document.
As discussed earlier, Level B harassment of pinnipeds from rocket
and missile launch activities or UAS exposure is primarily expected to
be of relatively short duration, in the form of changing position,
direction, or location on the haulout or, on a subset of occasions,
flushing into the water for some amount of time (up to a few hours).
UAS flights will be conducted in accordance with minimum altitude
requirements designed to minimize impacts over haulouts and planning
measures are in place to minimize launch effects to pinnipeds on
beaches where pupping is occurring. Given the potential for seasonal
site fidelity, it is likely that some individuals will be taken
multiple times during the course of the year as a result of exposure to
multiple launches, and potentially UAS overflights. However, given the
intermittency of the launches and the fact that they do not all
originate from the same location, these repeated exposures are not
expected to result in prolonged exposures over multiple days. Thus,
even repeated instances of Level B harassment of some small subset of
an overall stock is unlikely to result in any significant realized
decrease in fitness of those individuals, and thus will not result in
any adverse impact to the stock as a whole. Level B harassment will be
minimized through use of mitigation measures described above.
As discussed earlier, some of the beaches that may be impacted by
launch activities and UAS overflights support pupping in some months,
specifically for harbor seals (March through June on VSFB and NCI),
California sea lions (May through August on NCI), elephant seals
(January through March on VSFB and December through March on NCI), and
northern fur seals (June through August on San Miguel Island, NCI).
Broadly speaking, flushing of pinnipeds into the water has the
potential to result in mother-pup separation, or in extreme
circumstances could result in a stampede, either of which could
potentially result in serious injury or mortality. However, based on
the best available information, including reports from over 20 years of
monitoring pinniped response to launch noise at VSFB and the NCI, no
serious injury or mortality of marine mammals is anticipated as a
result of the activities. USSF is required to provide pupping
information to launch proponents at the earliest possible stage in the
launch planning process, to maximize their ability to schedule launches
to minimize pinniped disturbance during Pacific harbor seal pupping on
Vandenberg SFB (1 March to 30 April) and California sea lion pupping on
the Northern Channel Islands (1 June-31 July of each year). If
practicable, rocket launches predicted to produce a sonic boom on the
Northern Channel Islands >5 psf during the California sea lion pupping
season will be scheduled to coincide with tides in excess of +1.0 ft
(0.3 m), with an objective to achieve such avoidance at least 50
percent of the time, which is expected to minimize the impacts at
places and times where pupping could be occurring. Even in the
instances of pinnipeds being harassed by sonic booms from rocket
launches at VSFB, no evidence of abnormal behavior, injuries or
mortalities, or pup abandonment as a result of sonic booms (SAIC 2013;
CEMML, 2018) has been presented. These findings are supported by more
than two decades of surveys at VSFB and the NCI (MMCG and SAIC, 2012).
Post-launch monitoring generally reveals a return to normal behavioral
patterns within minutes up to an hour or two of each launch, regardless
of species. Of note, research on abundance and fecundity has been
conducted at San Miguel Island (recognized as an important pinniped
rookery) for decades. This research, as well as SARs, support a
conclusion that operations at VSFB have not had significant impacts on
the numbers of animals observed at
[[Page 25181]]
San Miguel Island rookeries and haulouts (SAIC, 2012). In addition,
northern elephant seal pupping was documented on VSFB for the first
time in 2017 and continued into 2022, further indicating that the
effects of ongoing launch activities do not preempt new marine mammal
activity and are unlikely to have impacted annual rates of recruitment
or survival among affected species.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stock through
effects on annual rates of recruitment or survival:
<bullet> No injury, serious injury, or mortality are anticipated or
authorized;
<bullet> The anticipated instances of Level B harassment are
expected to consist of, at worst, temporary modifications in behavior
(i.e., short distance movements and occasional flushing into the water
with return to haulouts within approximately 60-120 minutes), which are
not expected to adversely affect the fitness of any individuals;
<bullet> The planned activities are expected to result in no long-
term changes in the use by pinnipeds of rookeries and haulouts in the
project area, based on over 20 years of monitoring data; and
<bullet> The presumed efficacy of planned mitigation measures in
reducing the effects of the specified activity.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the required monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned activity will have a negligible impact on all affected
marine mammal species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. Here, a
small portion of the activities (missile launches only) are considered
military readiness activities, but we have conducted the assessment
considering the totality of the take considered for this final rule.
The MMPA does not define small numbers and so, in practice, where
estimated numbers are available, NMFS compares the maximum number of
individuals taken in any year to the most appropriate estimation of
abundance of the relevant species or stock in our determination of
whether an authorization is limited to small numbers of marine mammals.
Generally, if the predicted annual number of individuals to be taken is
fewer than one-third of the species or stock abundance for each year of
the period of an authorization, the take is considered to be of small
numbers. See 86 FR 5438-5440, January 19, 2021. Additionally, other
qualitative factors may be considered in the analysis, such as the
temporal or spatial scale of the activities. Here, we considered the
tendency to show site fidelity among affected species, their seasonal
distribution trends and the likelihood of individual animals being
disturbed repeatedly (i.e., taken by multiple launches across multiple
days within a year), rather than treating each instance of take as
though it was affecting a different individual.
For every year, the instances of take authorized of northern
elephant seal, Steller sea lion, and Guadalupe fur seal comprise less
than one-third of the best available population abundances respectively
(table 11). The number of animals authorized to be taken from these
stocks is considered small relative to the relevant stock's abundances
even if each estimated instance of take accrued to a different
individual, which is an unlikely scenario.
For harbor seals and California sea lions (years 4 and 5 only), and
Northern fur seals (years 3, 4, and 5 only), the highest annual
estimated instances of take are greater than or equal to one-third of
the best available stock abundance (36, 33, and 42 percent,
respectively). However, as noted previously, the number of expected
instances of take does not always fairly represent the number of
individual animals expected to be taken. The same individual can incur
multiple takes by Level B harassment over the course of an activity
that occurs multiple times in the same area (such as the USSF's planned
activity), especially where species have documented site fidelity to a
location within the project area, as is the case here. Additionally,
due to the nature of the specified activity--launch activities
affecting animals at specific haul out locations, rather than a mobile
activity occurring throughout the much larger stock range--a much
smaller portion of the stock is expected to be impacted. Thus, while we
considered and authorize the instances of incidental take of these
species shown in table 11, the number of individuals that would be
incidentally taken by the planned activities will, in fact, be
substantially lower than the authorized instances of take, and less
than one third of the stock abundance for each of these species. We
base the small numbers determination on the number of individuals taken
versus the number of instances of take, as is appropriate when the
information is available.
Based on the analysis contained herein of the planned activity
(including the required mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals will be taken relative to the population size of the
affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks will not
have an unmitigable adverse impact on the availability of such species
or stocks for taking for subsistence purposes.
Classification
Endangered Species Act
Section 7(a)(2) of the ESA of 1973 (ESA; 16 U.S.C. 1531 et seq.)
requires that each Federal agency insure that any action it authorizes,
funds, or carries out is not likely to jeopardize the continued
existence of any endangered or threatened species or result in the
destruction or adverse modification of designated critical habitat. To
ensure ESA compliance for the issuance of ITAs, NMFS consults
internally whenever we propose to authorize take for endangered or
threatened species, in this case with the NMFS West Coast Region.
NMFS is authorizing a limited amount of take, by Level B harassment
(5-23 annually, 70 over the course of the 5-year rule), of Guadalupe
fur seals, which are listed as Threatened under the ESA. On December
20, 2023, NMFS' West Coast Regional Office concurred with OPR's
determination that USSF's planned activities are consistent with those
addressed by the region's February 15, 2019, letter of concurrence for
the current LOA, and are not likely to adversely affect the Guadalupe
fur seal.
National Marine Sanctuaries Act
Federal agency actions that are likely to injure national marine
sanctuary resources are subject to consultation with the Office of
National Marine Sanctuaries (ONMS) under section 304(d) of the National
Marine Sanctuaries Act (NMSA). While rocket and missile launches do not
occur in national marine sanctuary waters,
[[Page 25182]]
depending on the direction of a given launch, rockets and missiles may
cross over the Channel Islands National Marine Sanctuary. NMFS, in
coordination with NOAA's Office of National Marine Sanctuaries,
determined that consultation under the NMSA is not warranted.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must evaluate our proposed action (i.e., the promulgation of
regulations and subsequent issuance of incidental take authorization)
and alternatives with respect to potential impacts on the human
environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 of the Companion Manual for NAO 216-6A,
which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that this action qualifies to be categorically excluded from further
NEPA review.
Executive Order 12866
The Office of Management and Budget has determined that this rule
is not significant for purposes of Executive Order 12866.
Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (RFA; 5 U.S.C. 601 et
seq.), the Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Waiver of Delay in Effective Date
The Assistant Administrator for Fisheries has determined that there
is a sufficient basis under the Administrative Procedure Act (APA) to
waive the 30-day delay in the effective date of the measures contained
in the final rule. Section 553 of the APA provides that the required
publication or service of a substantive rule shall be made not less
than 30 days before its effective date with certain exceptions,
including (1) for a substantive rule that relieves a restriction or (2)
when the agency finds and provides good cause for foregoing delayed
effectiveness (5 U.S.C 553(d)(1), (d)(3)). Here, the issuance of
regulations under section 101(a)(5)(A) of the MMPA relieves the
statutory prohibition on the taking of marine mammals, specifically,
the incidental taking of marine mammals associated with USSF's launches
and supporting activities.
The waiver of the 30-day delay of the effective date of the final
rule will ensure that the MMPA final rule and LOAs are in place by the
time the current authorizations expire. Any delay in effectiveness of
the final rule would result in either: (1) A suspension of planned
launches and supporting activities, some of which are military
readiness activities; or (2) the USSF's non-compliance with the MMPA
(should the USSF conduct launches and supporting activities without
LOAs, resulting in unauthorized takes of marine mammals). Moreover,
USSF is ready to implement the regulations immediately. For these
reasons, NMFS finds good cause to waive the 30-day delay in the
effective date. In addition, the rule together with the LOA authorizes
incidental take of marine mammals that would otherwise be prohibited
under the statute. Therefore, by granting an exception to the USSF, the
rule relieves restrictions under the MMPA, which provides a separate
basis for waiving the 30-day effective date for the rule under section
553(d)(1) of the APA.
List of Subjects in 50 CFR Part 217
Exports, Fish, Imports, Marine mammals, Reporting and recordkeeping
requirements, Transportation.
Dated: April 4, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NOAA amends 50 CFR part
217 as follows:
PART 217--REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS
INCIDENTAL TO SPECIFIED ACTIVITIES
0
1. The authority citation for part 217 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
0
2. Revise subpart G to read as follows:
Subpart G--Taking and Importing Marine Mammals; Taking Marine
Mammals Incidental to U.S. Space Force Launches and Operations at
Vandenberg Space Force Base, California
Sec.
217.60 Specified activity and specified geographical region.
217.61 Effective dates.
217.62 Permissible methods of taking.
217.63 Prohibitions.
217.64 Mitigation requirements.
217.65 Requirements for monitoring and reporting.
217.66 Letters of Authorization.
217.67 Renewals and modifications of Letter of Authorization.
217.68-217.69 [Reserved]
Sec. 217.60 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the United States
Space Force (USSF) and those persons it authorizes to conduct
activities on its behalf, for the taking of marine mammals that occurs
in the areas outlined in paragraph (b) of this section incidental to
rocket and missile launches and supporting operations.
(b) The incidental taking of marine mammals under this subpart may
be authorized in a Letter of Authorization (LOA) only for activities
originating at Vandenberg Space Force Base (VSFB).
Sec. 217.61 Effective dates.
(a) Regulations in this subpart are effective from April 10, 2024,
through April 10, 2029.
(b) [Reserved]
Sec. 217.62 Permissible methods of taking.
(a) Under an LOA issued pursuant to Sec. 216.106 of this chapter
and Sec. 217.66 or Sec. 217.67, the Holder (hereinafter the USSF) may
incidentally, but not intentionally, take marine mammals by Level B
harassment, as described in Sec. 217.60(a) and (b), provided the
activity is in compliance with all terms, conditions, and requirements
of the regulations in this subpart and the appropriate LOA.
(b) The incidental take of marine mammals by the activities listed
in Sec. 217.60 is limited to the following species and stocks:
Table 1 to Sec. 217.62(b)
------------------------------------------------------------------------
Species Stock
------------------------------------------------------------------------
California sea lion....................... United States.
Northern fur seal......................... California.
Guadalupe fur seal........................ Mexico.
Steller sea lion.......................... Eastern.
Harbor seal............................... California.
Northern elephant seal.................... California Breeding.
------------------------------------------------------------------------
[[Page 25183]]
Sec. 217.63 Prohibitions.
(a) Except for takings contemplated in Sec. 217.62 and authorized
by a LOA issued under Sec. 216.106 of this chapter and Sec. Sec.
217.66 and 217.67, it shall be unlawful for any person to do any of the
following in connection with the activities listed in Sec. 217.60:
(1) Violate, or fail to comply with, the terms, conditions, and
requirements of this subpart or a LOA issued under Sec. 216.106 of
this chapter and Sec. 217.66 or Sec. 217.67;
(2) Take any marine mammal species or stock not specified in this
subpart or such LOAs;
(3) Take any marine mammal specified in this subpart or such LOAs
in any manner other than as specified; or
(4) Take a marine mammal specified in this subpart or such LOAs if
NMFS determines after notice and comment that the taking allowed for
one or more activities under 16 U.S.C. 1371(a)(5)(A) is having or may
have more than a negligible impact on the species or stocks of such
marine mammal.
(b) [Reserved]
Sec. 217.64 Mitigation requirements.
(a) When conducting the activities identified in Sec. 217.60(a)
and (b), the mitigation measures contained in any LOA issued under
Sec. 216.106 of this chapter and Sec. 217.66 or Sec. 217.67 must be
implemented. These mitigation measures include (but are not limited
to):
(1) USSF must provide pupping information to launch proponents at
the earliest possible stage in the launch planning process and direct
launch proponents to, if practicable, avoid scheduling launches during
pupping seasons on VSFB from 1 March to 30 April and on the Northern
Channel Islands from 1 June-31 July. If practicable, rocket launches
predicted to produce a sonic boom on the Northern Channel Islands >3
pounds per square foot (psf) from 1 June-31 July will be scheduled to
coincide with tides in excess of +1.0 ft (0.3 m), with an objective to
do so at least 50 percent of the time.
(2) For manned flight operations, aircraft must use approved routes
for testing and evaluation. Manned aircraft must also remain outside of
a 1,000-ft (305 m) buffer around pinniped rookeries and haul-out sites
(except in emergencies such as law enforcement response or Search and
Rescue operations, and with a reduced, 500-ft (152 m) buffer at Small
Haul-out 1).
(3) Unscrewed aerial systems (UAS) classes 0-2 must maintain a
minimum altitude of 300 ft (91 m) over all known marine mammal haulouts
when marine mammals are present, except at take-off and landing. Class
3 must maintain a minimum altitude of 500 ft (152 m), except at take-
off and landing. UAS classes 4 and 5 only operate from the VSFB
airfield and must maintain a minimum altitude of 1,000 ft (305 m) over
marine mammal haulouts except at take-off and landing. USSF must not
fly class 4 or 5 UAS below 1,000 ft (305 m) over haulouts.
(b) [Reserved]
Sec. 217.65 Requirements for monitoring and reporting.
(a) Monitoring at VSFB and NCI must be conducted by at least one
NMFS-approved Protected Species Observer (PSO) trained in marine mammal
science. PSOs must have demonstrated proficiency in the identification
of all age and sex classes of all marine mammal species that occur at
VSFB and on Northern Channel Islands (NCI). They must be knowledgeable
of approved count methodology and have experience in observing pinniped
behavior, especially that due to human disturbances.
(b) In the event that the PSO requirements described in paragraph
(a) of this section cannot be met (e.g., access is prohibited due to
safety concerns), daylight or nighttime video monitoring must be used
in lieu of PSO monitoring. In certain circumstances where the daylight
or nighttime video monitoring is also not possible (e.g., USSF is
unable to access a monitoring site due to road conditions or human
safety concerns), USSF must notify NMFS.
(c) At VSFB, USSF must conduct marine mammal monitoring and take
acoustic measurements for all new rockets, for rockets (existing and
new) launched from new facilities, and for larger or louder rockets
(including those with new launch proponents) than those that have been
previously launched from VSFB during their first three launches and for
the first three launches from any new facilities during March through
July.
(1) For launches that occur during the harbor seal pupping season
(March 1 through June 30) or when higher numbers of California sea
lions are present (June 1 through July 31), monitoring must be
conducted by at least one NMFS-approved PSO trained in marine mammal
science.
(2) When launch monitoring is required, monitoring must begin at
least 72 hours prior to the launch and continue through at least 48
hours after the launch. Monitoring must include multiple surveys each
day, with a minimum of four surveys per day.
(3) For launches within the harbor seal pupping season, USSF must
conduct a follow-up survey of pups.
(4) For launches that occur during daylight, USSF must make time-
lapse video recordings to capture the reactions of pinnipeds to each
launch. For launches that occur at night, USSF must employ night video
monitoring, when feasible.
(5) When possible, PSOs must record: species, number, general
behavior, presence and number of pups, age class, gender, and reaction
to launch noise, or to natural or other human-caused disturbances. PSOs
must also record environmental conditions, including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction.
(d) USSF must conduct sonic boom modeling prior to the first three
small or medium rocket launches from new launch proponents or at new
launch facilities, and all heavy or super-heavy rocket launches.
(e) USSF must conduct marine mammal monitoring and take acoustic
measurements at the NCI if the sonic boom model indicates that
pressures from a boom will reach or exceed 7 psf from 1 January through
28 February, 5 psf from 1 March through 31 July, or 7 psf from 1 August
through 30 September. No monitoring is required on NCI from 1 October
through 31 December.
(1) The monitoring site must be selected based upon the model
results, prioritizing a significant haulout site on one of the islands
where the maximum sound pressures are expected to occur.
(2) USSF must estimate the number of animals on the monitored beach
and record their reactions to the launch noise and conduct more focused
monitoring on a smaller subset or focal group.
(3) Monitoring must commence at least 72 hours prior to the launch,
during the launch and at least 48 hours after the launch, unless no
sonic boom is detected by the monitors and/or by the acoustic recording
equipment, at which time monitoring may be stopped.
(4) For launches that occur in darkness, USSF must use night vision
equipment.
(5) Monitoring for each launch must include multiple surveys each
day that record, when possible: species, number, general behavior,
presence of pups, age class, gender, and reaction to sonic booms or
natural or human-caused disturbances.
(6) USSF must collect photo and/or video recordings for daylight
launches
[[Page 25184]]
when feasible, and if the launch occurs in darkness night vision
equipment will be used.
(7) USSF must record environmental conditions, including
visibility, air temperature, clouds, wind speed and direction, tides,
and swell height and direction.
(f) USSF must continue to test equipment and emerging technologies,
including but not limited to night vision cameras, newer models of
remote video cameras and other means of remote monitoring at both VSFB
and on the NCI.
(g) USSF must evaluate UAS based or space-based technologies that
become available for suitability, practicability, and for any advantage
that remote sensing may provide to existing monitoring approaches.
(h) USSF must monitor marine mammals during the first three
launches of the missiles for the new Ground Based Strategic Defense
program during the months of March through July across the 5-year
duration of this subpart.
(1) When launch monitoring is required, monitoring must include
multiple surveys each day, with a minimum of four surveys per day.
(2) When possible, PSOs must record: species, number, general
behavior, presence and number of pups, age class, gender, and reaction
to launch noise, or to natural or other human-caused disturbances. PSOs
must also record environmental conditions, including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction.
(i) USSF must conduct semi-monthly surveys (two surveys per month)
to monitor the abundance, distribution, and status of pinnipeds at
VSFB. Whenever possible, these surveys will be timed to coincide with
the lowest afternoon tides of each month when the greatest numbers of
animals are usually hauled out. If a VSFB or area closure precludes
monitoring on a given day, USSF must monitor on the next best day.
(1) PSOs must gather the following data at each site: species,
number, general behavior, presence and number of pups, age class,
gender, and any reactions to natural or human-caused disturbances. PSOs
must also record environmental conditions, including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction.
(2) [Reserved]
(j) USSF must submit an annual report each year to NMFS Office of
Protected Resources and West Coast Region on March 1st of each year
that describes all activities and monitoring for the specified
activities during that year. This includes launch monitoring
information in paragraphs (j)(1) through (3) of this section for each
launch where monitoring is required or conducted. The annual reports
must also include a summary of the documented numbers of instances of
harassment incidental to the specified activities, including non-launch
activities (e.g., takes incidental to aircraft or helicopter operations
observed during the semi-monthly surveys). Annual reports must also
include the results of the semi-monthly sentinel marine mammal
monitoring described in paragraph (i) of this section.
(1) Launch information, including:
(i) Date(s) and time(s) of the launch (and sonic boom, if
applicable); and
(ii) Number(s), type(s), and location(s) of rockets or missiles
launched;
(2) Monitoring program design; and
(3) Results of the monitoring program, including, but not
necessarily limited to:
(i) Date(s) and location(s) of marine mammal monitoring;
(ii) Number of animals observed, by species, on the haulout prior
to commencement of the launch or recovery;
(iii) General behavior and, if possible, age (including presence
and number of pups) and sex class of pinnipeds hauled out prior to the
launch or recovery;
(iv) Number of animals, by species, age, and sex class that
responded at a level indicative of harassment. Harassment is
characterized by:
(A) Movements in response to the source of disturbance, ranging
from short withdrawals at least twice the animal's body length to
longer retreats over the beach, or if already moving a change of
direction of greater than 90 degrees; or
(B) All retreats (flushes) to the water;
(v) Number of animals, by species, age, and sex class that entered
the water, the length of time the animal(s) remained off the haulout,
and any behavioral responses by pinnipeds that were likely in response
to the specified activities, including in response to launch noise or a
sonic boom;
(vi) Environmental conditions including visibility, air
temperature, clouds, wind speed and direction, tides, and swell height
and direction; and
(vii) Results of acoustic monitoring, including the following:
(A) Recorded sound levels associated with the launch (in SEL,
SPL<INF>peak</INF>, and SPL<INF>rms</INF>);
(B) Recorded sound levels associated with the sonic boom (if
applicable), in psf; and
(C) The estimated distance of the recorder to the launch site and
the distance of the closest animals to the launch site.
(k) USSF must submit a final, comprehensive 5-year report to NMFS
Office of Protected Resources. This report must:
(1) Summarize the activities undertaken and the results reported in
all annual reports;
(2) Assess the impacts at each of the major rookeries; and
(3) Assess the cumulative impacts on pinnipeds and other marine
mammals from the activities specified in Sec. 217.60(a) and (b).
(l) If the activity identified in Sec. 217.60(a) likely resulted
in the take of marine mammals not identified in Sec. 217.62, then the
USSF must notify the NMFS Office of Protected Resources and the NMFS
West Coast Region stranding coordinator within 24 hours of the
discovery of the take.
(m) If real-time monitoring during a launch shows that the activity
identified in Sec. 217.60(a) is reasonably likely to have resulted in
the mortality or injury of any marine mammal, USSF must notify NMFS
within 24 hours (or next business day). NMFS and USSF must then jointly
review the launch procedure and the mitigation requirements and make
appropriate changes through the adaptive management process, as
necessary and before any subsequent launches of rockets and missiles
with similar or greater sound fields and/or sonic boom pressure levels.
Sec. 217.66 Letters of Authorization.
(a) To incidentally take marine mammals pursuant to this subpart,
the USSF must apply for and obtain an LOA in accordance with Sec.
216.106 of this chapter.
(b) An LOA, unless suspended or revoked, may be effective for a
period of time not to exceed expiration of this subpart.
(c) If an LOA expires prior to the expiration date of this subpart,
the USSF may apply for and obtain a renewal LOA.
(d) In the event of projected changes to the activity or to
mitigation, monitoring, or reporting (excluding changes made pursuant
to the adaptive management provision of Sec. 217.67(c)(1) required by
an LOA, USSF must apply for and obtain a modification of the LOA as
described in Sec. 217.67.
(e) Each LOA will set forth:
(1) Permissible methods of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e.,
mitigation) on the species and its habitat; and
[[Page 25185]]
(3) Requirements for monitoring and reporting.
(f) Issuance of the LOA shall be based on a determination that the
level of taking will be consistent with the findings made for the total
taking allowable under this subpart.
(g) Notice of issuance or denial of a LOA shall be published in the
Federal Register within 30 days of a determination.
Sec. 217.67 Renewals and modifications of Letter of Authorization.
(a) A LOA issued under Sec. 216.106 of this chapter and Sec.
217.66 for the activity identified in Sec. 217.60(a) and (b) shall be
modified upon request by USSF, provided that:
(1) The specified activity and mitigation, monitoring, and
reporting measures, as well as the anticipated impacts, are the same as
those described and analyzed for this subpart (excluding changes made
pursuant to the adaptive management provision in paragraph (c)(1) of
this section); and
(2) NMFS determines that the mitigation, monitoring, and reporting
measures required by the previous LOA under this subpart were
implemented.
(b) For LOA modification or renewal requests by the applicant that
include changes to the activity or the mitigation, monitoring, or
reporting measures (excluding changes made pursuant to the adaptive
management provision in paragraph (c)(1) of this section) that do not
change the findings made for this subpart or that result in no more
than a minor change in the total estimated number of takes (or
distribution by species or stock or years), NMFS may publish a notice
of proposed changes to the LOA in the Federal Register, including the
associated analysis of the change, and solicit public comment before
issuing the LOA.
(c) An LOA issued under Sec. 216.106 of this chapter and Sec.
217.66 for the activity identified in Sec. 217.60(a) and (b) may be
modified by NMFS under the following circumstances:
(1) After consulting with the USSF regarding the practicability of
the modifications, NMFS, through adaptive management, may modify
(including adding or removing measures) the existing mitigation,
monitoring, or reporting measures if doing so creates a reasonable
likelihood of more effectively accomplishing the goals of the
mitigation and monitoring.
(i) Possible sources of data that could contribute to the decision
to modify the mitigation, monitoring, or reporting measures in an LOA
include:
(A) Results from the USSF's monitoring from the previous year(s);
(B) Results from other marine mammal and/or sound research or
studies; or
(C) Any information that reveals marine mammals may have been taken
in a manner, extent or number not authorized by this subpart or a
subsequent LOA.
(ii) If, through adaptive management, the modifications to the
mitigation, monitoring, or reporting measures are more than minor, NMFS
will publish a notice of the proposed changes to the LOA in the Federal
Register and solicit public comment.
(2) If NMFS determines that an emergency exists that poses a
significant risk to the well-being of the species or stocks of marine
mammals specified in LOAs issued pursuant to Sec. 216.106 of this
chapter and Sec. 217.62, an LOA may be modified without prior notice
or opportunity for public comment. Notice would be published in the
Federal Register within 30 days of the action.
Sec. Sec. 217.68-217.69 [Reserved]
[FR Doc. 2024-07559 Filed 4-9-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 10, 2024.
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