[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20435-20439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9870]



[[Page 20435]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032101I]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Missile Launch Operations from San Nicolas Island, California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of receipt of application and proposed authorization for 
a small take exemption; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has received an application from the U.S. Navy, Naval Air 
Warfare Center Weapons Division (NAWCWD), Point Mugu, CA for an 
incidental harassment authorization (IHA) to take small numbers of 
marine mammals by harassment incidental to missile launch operations 
from the western end of San Nicolas Island, CA (SNI). Under the Marine 
Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to authorize NAWCWD to incidentally take, by harassment, small 
numbers of pinnipeds on SNI during 15 launches of Vandal (or similar) 
vehicles and 5 launches of smaller subsonic targets per year commencing 
in 2001.

DATES: Comments and information must be received no later than May 23, 
2001.

ADDRESSES: Comments on the application should be addressed to Donna 
Wieting, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910-3225. A copy of the NAWCWD Point Mugu application and a list of 
references used in this document are available upon request from the 
same address. In addition, supporting documentation is available for 
review during regular business hours in the following offices: Office 
of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910, and the Southwest Region, NMFS, 501 West Ocean Boulevard, Suite 
4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, NMFS, (301) 713-
2322, ext. 106 or Christina Fahy, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, notice of a proposed authorization is 
provided to the public for review.
    Permission may be granted if NMFS finds that the taking will have 
no more than a negligible impact on the species or stock(s) and will 
not have an unmitigable adverse impact on the availability of the 
species or stock(s) for subsistence uses and that the permissible 
methods of taking and requirements pertaining to the monitoring and 
reporting of such taking are set forth.
    On April 10, 1996 (61 FR 15884), NMFS published an interim rule 
establishing, among other things, procedures for issuing incidental 
harassment authorizations (IHAs) under section 101(a)(5)(D) of the MMPA 
for activities in Arctic waters. For additional information on the 
procedures to be followed for this authorization, please refer to that 
document.

Summary of Request

    On February 5, 2001, NMFS received an application from NAWCWD Point 
Mugu requesting an authorization for the harassment of small numbers of 
three species of marine mammals incidental to target missile launch 
operations on SNI, one of the Channel Islands in the Southern 
California Bight. These operations may occur at any time during the 
year depending on test and training requirements and meteorological and 
logistical limitations. On occasion, two or three launches may occur in 
quick succession on a single day. The NAWCWD Point Mugu's request for 
an authorization to incidentally harass small numbers of marine mammals 
on SNI anticipates 15 launches of Vandal (or similar sized) vehicles 
from the Alpha Launch Complex on SNI and 5 launches of smaller subsonic 
targets from either the Alpha Launch Complex or Building 807 for 1 year 
and commencing as early in 2001 as possible. A detailed description of 
the operations is contained in the application (LGL Ltd. Environmental 
Research Associates 2001) which is available upon request (see 
ADDRESSES).

Measurement of Airborne Sound Levels

    The types of sounds discussed in NAWCWD Point Mugu's IHA 
application are airborne and impulsive. For this reason, the applicant 
has referenced both pressure and energy measurements for sound levels. 
For pressure, the sound pressure level (SPL) is described in terms of 
decibels (dB) re micro-Pascal (micro-Pa), and for energy, the sound 
exposure level (SEL) is described in terms of dB re micro-Pa\2\ -
second. In other words, SEL is the squared instantaneous sound pressure 
over a specified time interval, where the sound pressure is averaged 
over 5 percent to 95 percent of the duration of the sound (in this 
case, one second).
    Airborne noise measurements are usually expressed relative to a 
reference pressure of 20 micro-Pa, which is 26 dB above the underwater 
sound pressure reference of 1 micro-Pa. However, the conversion from 
air to water intensities is more involved than this (Buck, 1995) and 
beyond the scope of this document. Also, airborne sounds are often 
expressed as broadband A-weighted sound levels (dBA). A-weighting 
refers to frequency-dependent weighting factors applied to sound in 
accordance with the sensitivity of the human ear to different 
frequencies. While it is unknown whether the pinniped ear responds 
similar to the human ear, a study by C. Malme (pers. commun. to NMFS, 
March 5, 1998) found that for predicting noise effects, A-weighted is 
better than unweighted pressure levels because the pinniped's highest 
hearing sensitivity is at higher frequencies than that of humans. As a 
result, whenever possible, NMFS provides both A-weighted and unweighted 
sound pressure levels; where not specified for in-air sounds, A-
weighting is implied (ANSI, 1994). In this document, all sound levels 
have been provided with A-weighting.

Description of the Specified Activity

    Target missile launches from SNI are used to support test and 
training activities associated with operations on the NAWCWD Point Mugu 
Sea Range. In general, two types of launch vehicles are used, the 
Vandal and the smaller subsonic targets. Other vehicles used would be 
similar in size and weight or slightly smaller and would have 
characteristics generally similar to the Vandal.

Vandal Target Missiles

    The Vandal target missile is a relatively large, air-breathing 
(ramjet) vehicle with no explosive warhead that is designed to provide 
a realistic simulation of the mid-course and terminal phase of a 
supersonic anti-ship cruise missile. These missiles are 7.7 meters (m) 
(25.2 feet (ft)) in length with a mass at launch of 3,674 kilograms 
(kg)

[[Page 20436]]

(8,100 pounds (lbs)) including the solid propellant booster. The three 
variants of the Vandal (standard, ER and ERR) all have the same 
dimensions but differ in their operational range. The Vandals are 
remotely-controlled, non-recoverable missiles that are launched from a 
land-based launch site (hereafter referred to as Alpha Launch Complex) 
on the western part of SNI. The Alpha Launch Complex is 153 m (502 ft) 
above sea level and is approximately 6 kilometers (km) (3.7 miles (mi)) 
from the nearest pinniped haul-out site. Launch trajectories from Alpha 
Launch Complex vary from a near-vertical liftoff, crossing the west end 
of SNI at an altitude of approximately 3,962 m (13,000 ft) to a nearly 
horizontal liftoff, crossing the west end of SNI at an altitude of 
approximately 305 m (1,000 ft).
    Vandal launches produce the strongest noise source originating from 
aircraft or missiles in flight over SNI beaches. Sound measurements 
were collected during two Vandal launches in 1997 and 1999 and are 
reported in Burgess and Greene (1998) and Greene (1999). Greene (1999) 
reported that received A-weighted SPL were found to range from 123 dB 
(re 20 micro-Pa) (SEL of 126 dB re 20 micro-Pa\2\-sec) at 945 m (3,100 
ft) to 136 dB (re 20 micro-Pa) (SEL of 131 dB re 20 micro-Pa\2\-sec) at 
370 m (1,215 ft). The most intense sound exposure occurred during the 
first 0.3 to 1.9 seconds after launch.

Subsonic Targets and Other Missiles

    The subsonic targets and other missiles are small unmanned aircraft 
that are launched using jet-assisted take-off (JATO) rocket bottles. 
Once launched, they continue offshore where they are used in training 
exercises to simulate various types of subsonic threat missiles and 
aircraft. The larger target, BQM-34, is 7 m (23 ft) long and has a mass 
of approximately 1,134 kg (2,500 lbs) plus the JATO bottle. The smaller 
BQM-74, is 420 centimeters (cm) (165.5 inches (in)) long and has a mass 
of approximately 250 kg (550 lbs) plus the JATO bottle. Other types of 
small missiles that may be launched include the Exocet, Tomahawk, and 
Rolling Airframe Missile (RAM). All of these smaller targets are 
launched from either the Alpha Launch Complex or from Building 807, a 
second launch site on the west end of SNI. Building 807 is 
approximately 3 m (10 ft) above sea level and accommodates several 
fixed and mobile launchers that range from 30 m (98 ft) to 150 m (492 
ft) from the nearest shoreline. Launch trajectories from Building 807 
range from 6 to 45 degrees and cross over the nearest beach at 
altitudes from 9 to 183 m (30 to 600 ft).
    Sound measurements were collected from the launch of a BQM-34S at 
Naval Air Station (NAS) Point Mugu in 1997. Burgess and Greene (1998) 
found that for this launch, the A-weighted SPL ranged from 92 dB (re 20 
micro-Pa) (SEL of 102.2 dB re 20 micro-Pa\2\-sec) at 370 m (1,200 ft) 
to 145 dB (re 20 micro-Pa) (SEL of 142.2 dB re 20 micro-Pa2 -sec) at 15 
m (50 ft). These estimates are approximately 20 dB lower than that of a 
Vandal launch at similar distances (Greene, 1999).

General Launch Operations

    Aircraft and helicopter flights between NAS Point Mugu on the 
mainland, the airfield on SNI and the target sites in the Sea Range 
will be a routine part of any planned launch operation. These 
operational flights do not pass at low level over the beaches where 
pinnipeds are expected to be hauled out. In addition, movements of 
personnel are restricted near the launch sites two hours prior to a 
launch, no personnel are allowed on the western end of SNI during 
Vandal launches and various environmental protection restrictions exist 
near the island's beaches during other times of the year.

Description of Habitat and Marine Mammals Affected by the Activity

    A detailed description of the Channel Islands/southern California 
Bight ecosystem and its associated marine mammals can be found in 
several documents (Le Boeuf and Brownell, 1980; Bonnell et al., 1981; 
Lawson et al., 1980; Stewart, 1985; Stewart and Yochem, 2000; Sydeman 
and Allen, 1999) and does not need to be repeated here.

Marine Mammals

    Many of the beaches in the Channel Islands provide resting, molting 
or breeding places for species of pinnipeds including: northern 
elephant seals (Mirounga angustirostris), harbor seals (Phoca 
vitulina), California sea lions (Zalophus californianus), northern fur 
seals (Callorhinus ursinus), Guadalupe fur seals (Arctocephalus 
townsendi), and Steller sea lions (Eumetopias jubatus). On SNI, three 
of these species, northern elephant seals, harbor seals, and California 
sea lions, can be expected to occur on land in the area of the proposed 
activity either regularly or in large numbers during certain times of 
the year. Descriptions of the biology and distribution of these three 
species and the others can be found in Stewart and Yochem (2000, 1994), 
Sydeman and Allen (1999), Barlow et al. (1993), Lowry et al.(1996), 
Schwartz (1994), Lowry (1999) and several other documents (Barlow et 
al., 1997; NMFS, 2000; NMFS, 1992; Koski et al., 1998; Gallo-Reynoso, 
1994; Stewart et al., 1987). Please refer to those documents and the 
application for further information on these species.

Potential Effects of Target Missile Launches and Associated 
Activities on Marine Mammals

    Sounds generated by the launches of Vandal target missiles 
(including the standard, ER, and ERR variants) and smaller subsonic 
targets and missiles (BQM-34 or BQM-74 type) as they depart sites on 
SNI towards operational areas in the Point Mugu Sea Range have the 
potential to take marine mammals by harassment. Taking by harassment 
will potentially result from these launches when pinnipeds on the 
beaches near the launch sites are exposed to the sounds produced by the 
rocket boosters and the high-speed passage of the missiles as they 
depart the island on their routes to the Sea Range. Extremely rapid 
departure of the Vandal and smaller targets means that pinnipeds would 
be exposed to increased sound levels for very short time intervals 
(i.e., a few seconds). Noise generated from aircraft and helicopter 
activities associated with the launches may provide a potential 
secondary source of marine mammal harassment. The physical presence of 
aircraft could also lead to non-acoustic effects on marine mammals 
involving visual or other cues. There are no anticipated effects from 
human presence on the beaches, since movements of personnel are 
restricted near the launch sites two hours prior to launches for safety 
reasons.
    Reactions of pinnipeds on the western end of SNI to Vandal target 
launches have not been well-studied, but based on studies of other 
rocket launch activities and their effects on pinnipeds in the Channel 
Islands (Stewart et al., 1993), anticipated impacts can be predicted. 
In general, other studies have shown that responses of pinnipeds on 
beaches to acoustic disturbance arising from rocket and target missile 
launches are highly variable. This variability may be due to many 
factors, including species, age class, and time of year. Among species, 
northern elephant seals seem very tolerant of acoustic disturbances 
(Stewart, 1981), whereas harbor seals (particularly outside the 
breeding season) seem more easily disturbed. Research and monitoring at 
Vandenberg Air Force Base found that prolonged or repeated sonic booms, 
very strong sonic booms or sonic booms

[[Page 20437]]

accompanying a visual stimulus, such as a passing aircraft, are most 
likely to stimulate seals to leave the haul-out area and move into the 
water. During three launches of Vandal missiles from SNI, California 
sea lions near the launch track line were observed from video 
recordings to be disturbed and to flee (both up and down the beach) 
from their former resting positions. Launches of the smaller BQM-34 
targets from NAS Point Mugu have not normally resulted in harbor seals 
leaving their haul-out area at the mouth of Mugu Lagoon, which is 
approximately 3.2 km (2 mi) from the launch site. An Exocet missile 
launched from the west end of SNI appeared to cause far less 
disturbance to hauled out California sea lions than Vandal launches. 
Given the variability in pinniped response to acoustic disturbance, the 
Navy conservatively assumes that biologically significant disturbance 
(i.e. takes by harassment) will sometimes occur upon exposure to launch 
sounds with SEL's of 100 dBA (re 20 micro-Pa\2\-sec) or higher.
    From Lawson et al. (1998), the Navy determined a conservative 
estimate of the SEL at which the disturbance known as temporary 
threshold shift (TTS) may be elicited in harbor seals and California 
sea lions (SEL of 145 dB re 20 micro-Pa\2\ -sec) and northern elephant 
seals (SEL of 165 dB re 20 micro-Pa\2\-sec). The sound levels necessary 
to elicit mild TTS in captive California sea lions and harbor seals 
exposed to impulse noises, such as sonic booms, were tens of decibels 
higher (Bowles et al., 1999) than sound levels measured during Vandal 
launches (Burgess and Greene, 1998; Greene, 1999). This evidence, in 
combination with the known sound levels produced by missiles launched 
from SNI (see below), suggests that no pinnipeds will be exposed to 
TTS-inducing SELs during planned launches.
    Based on modeling of sound propagation in a free field situation, 
Burgess and Greene (1998) data were used by the Navy to predict that 
Vandal target launches from SNI could produce a 100 dBA acoustic 
contour that extends an estimated 4,263 m (13,986 ft) perpendicular to 
its launch track. In other words, Vandal target launch sounds are 
predicted to exceed the SEL (100 dBA) disturbance criteria out to a 
distance of 4,263 m from the Alpha Launch Complex. Northern elephant 
seals, harbor seals, and California sea lions haul out in areas within 
the perimeter of this 100 dBA contour for Vandal launches. For BQM-34 
launches from Alpha Launch Complex, the Navy assumes that the 100 dBA 
contour extends an estimated 1,372 m (4,500 ft), perpendicular to its 
launch track (C. Malme, Engineering and Scientific Services, Hingham, 
MA, unpublished data). Along the launch track and ahead of the BQM-34, 
the 100 dBA contour extends a shorter distance (549 m or 1,800 ft). For 
the smaller BQM-74 and Exocet missiles, the Navy predicts that the 100 
dBA contours will be smaller still. The free field modeling scenario 
used to predict these acoustic contours does not account for 
transmission losses caused by wind, intervening topography, and 
variations in launch trajectory or azimuth. Therefore, the predicted 
100 dBA contours may be smaller at certain beach locations and for 
different launch trajectories.
    In general, the extremely rapid departure of the Vandal and smaller 
targets means that pinnipeds could be exposed to increased sound levels 
for very short time intervals (a few seconds) potentially leading to 
alert and startle responses from individuals on haul out sites in the 
vicinity of launches. Since preliminary observations of the responses 
of pinnipeds to Vandal launches at SNI have not shown injury, 
mortality, or extended disturbance, the Navy anticipates that the 
effects of the planned target launches will have no more than a 
negligible impact on pinniped populations.
    Given that this activity will happen infrequently, and will produce 
only brief, rapid-onset sounds, it is unlikely that pinnipeds hauled 
out on beaches at the western end of SNI will exhibit much, if any, 
habituation to target missile launch activities. In addition, the 
infrequent and brief nature of these sounds will cause masking for not 
more than a very small fraction of the time (usually less than 2 
seconds per launch) during any single day. Therefore, the Navy assumes 
that these occasional and brief episodes of masking will have no 
significant effects on the abilities of pinnipeds to hear one another 
or to detect natural environmental sounds that may be relevant to the 
animals.

Numbers of Marine Mammals Expected to Be Taken by Harassment

    NAWCWD Point Mugu estimates that the following numbers of marine 
mammals may be subject to Level B harassment, as defined in 50 CFR 
216.3:

----------------------------------------------------------------------------------------------------------------
     Species by MMPA Stock
          Designation            Minimum Abundance Estimate of Stock\1\          Harassment Takes in 2001
----------------------------------------------------------------------------------------------------------------
Northern Elephant Seal                                           51,625                                    2,390
 (California Stock)
Harbor Seal (California Stock)                                   27,962                                      457
California Sea Lion (U.S.                                       109,854                             9,614-10,086
 Stock)
Northern Fur Seal (San Miguel                                     2,336                                        3
 Stock)
----------------------------------------------------------------------------------------------------------------
1. From 1999-2000 NMFS Marine Mammal Stock Assessment Reports.

    In their original request, NAWCWD Point Mugu estimated the take of 
3 Guadalupe fur seals by harassment incidental to missile launch 
operations on SNI. On March 19, 2001, the U.S. Navy sent NMFS a 
modified request eliminating the incidental take of Guadalupe fur seals 
on SNI. Based on their observational records, the Navy found that when 
Guadalupe fur seals do occur on SNI, they are found on beaches not 
affected by missile launch activities.

Effects of Target Missile Launches and Associated Activities on 
Subsistence Needs

    There are no subsistence uses for these pinniped species in 
California waters, and thus there are no anticipated effects on 
subsistence needs.

Effects of Target Missile Launches and Associated Activities on 
Marine Mammal Habitat on San Nicolas Island

    During the period of proposed activity, harbor seals, California 
sea lions, and northern elephant seals will use various beaches around 
SNI as places to rest, molt, and breed. These beaches consist of sand 
(e.g., Red Eye Beach), rock ledges (e.g., Corral Beach) and rocky 
cobble (e.g., Vizcaino Beach). The pinnipeds do not feed when hauled 
out on these beaches, and the airborne launch sounds will not persist 
in the water near the island for more than a few seconds. Therefore, 
the Navy does not expect that launch activities will have any impact on 
the food or feeding success of these animals. The solid rocket booster 
from the Vandal target and the JATO bottles from the BMQs are 
jettisoned shortly after launch and fall

[[Page 20438]]

into the sea west of SNI. While it is theoretically possible that one 
of these boosters might instead land on a beach, the probability of 
this occurring is very low. Fuel contained in the boosters and JATO 
bottles is consumed rapidly and completely, so there would be no risk 
of contamination even if a booster or bottle did land on the beach. 
Overall, the proposed target missile launches and associated activities 
are not expected to cause significant impacts on habitats or on food 
sources used by pinnipeds on SNI.

Mitigation

    To avoid additional harassment to the pinnipeds on beach haul out 
sites and to avoid any possible sensitizing or predisposing of 
pinnipeds to greater responsiveness towards the sights and sounds of a 
launch, NAWCWD Point Mugu will limit its activities near the beaches in 
advance of launches. Existing safety protocols for Vandal launches 
provide a built-in mitigation measure. That is, personnel are normally 
not allowed near any of the pinniped beaches close to the flight track 
on the western end of SNI within two hours prior to a launch. Where 
practicable, NAWCWD Point Mugu will adopt the following additional 
mitigation measures when doing so will not compromise operational 
safety requirements or mission goals: (1) The Navy will limit launch 
activities during pinniped pupping seasons, particularly harbor seal 
pupping season; (2) the Navy will not launch target missiles at low 
elevation on launch azimuths that pass close to beach haul-out site(s); 
(3) the Navy will avoid multiple target launches in quick succession 
over haul-out sites, especially when young pups are present; and, (4) 
the Navy will limit launch activities during the night.

Monitoring

    As part of its application, NAWCWD Point Mugu provided a proposed 
monitoring plan for assessing impacts to marine mammals from Vandal and 
smaller subsonic target and missile launch activities on SNI. This 
monitoring plan is described in LGL Ltd. Environmental Research 
Associates (2001).
    NAWCWD Point Mugu proposes to conduct the following monitoring:

Land-Based Monitoring

    The Navy, in conjunction with a biological contractor, proposes to 
establish a land-based monitoring program to assess effects on the 
three common pinniped species on SNI: northern elephant seals, harbor 
seals, and California sea lions. This monitoring would occur at three 
different sites of varying distance from the launch site before, 
during, and after each launch. The monitoring would be via autonomous 
digital video cameras or, when possible, through direct visual 
observation.
    During the day of each missile launch, the observer would place 
three digital video cameras on tripods overlooking chosen haul out 
sites. Each camera would be set to record a focal subgroup within the 
haul out aggregation for a maximum of 4 hours or as permitted by the 
videotape capacity.
    Two hours prior to the launch, the observer would circulate among 
the tripod-mounted cameras to change videocassettes, to adjust camera 
fields of view (as required by changes in the geometry of the focal 
groups), and to record visual observations in a field logbook. 
Following the launch, the observer would return to the site when access 
is permitted.
    During smaller launches when personnel are allowed to remain near 
one or more haul out beaches that might be impacted, a marine mammal 
observer would observe pinnipeds at one of those beaches in a 
systematic manner before, during, and after the launch. The observer(s) 
would scan the selected haul out site(s) from one end to the other at a 
rate of once per minute. Seven x 50 reticle binoculars would be used 
during the daytime for scanning and supplemented by night vision 
equipment if launches occur at night.
    Following each launch, a biologist would review and code the 
videotapes as they are played back to a high-resolution color monitor. 
A VCR with high-resolution freeze-frame and jog shuttle will be used to 
facilitate distance estimation, event timing, and characterization of 
behavior. Details of analysis methods can be found in LGL Ltd. 
Environmental Research Associates (2001).

Acoustical Measurements

    During each launch, the Navy (in conjunction with an acoustical 
contractor) would obtain calibrated recordings of the levels and 
characteristics of the received launch sounds. Acoustic data would be 
acquired using three Autonomous Terrestrial Acoustic Recorders (ATAR) 
at three different sites of varying distances from the target's flight 
path. ATARs can record sounds for extended periods (dependent on 
sampling rate) without intervention by a technician, giving them the 
advantage over traditional digital audio tape (DAT) recorders should 
there be prolonged launch delays of as long as 10 days. Insofar as 
possible, acoustic recording locations would correspond with the sites 
where video monitoring is taking place. The collection of acoustic data 
would provide information on the magnitude, characteristics, and 
duration of sounds that pinnipeds may be exposed to during a launch. In 
addition, the acoustic data can be combined with the behavioral data 
collected via the land-based monitoring program to determine if there 
is a dose-response relationship between received sound levels and 
pinniped behavioral reactions.
    For further details regarding the installation and calibration of 
the acoustic instruments and analysis methods refer to LGL Ltd. 
Environmental Research Associates (2001).

Reporting

    If the IHA is granted, NAWCWD Point Mugu will provide an initial 
report on activities to NMFS after the first 90 days of the 
authorization period. This report will summarize the timing and nature 
of the launch operation(s), summarize pinniped behavioral observations, 
and estimate the amount and nature of all takes by harassment or in 
other ways. In the event that any cases of pinniped mortality are 
judged to result from launch activities, this information will be 
reported to NMFS immediately.
    A draft final technical report will be submitted to NMFS 120 days 
prior to the expiration of the IHA. This technical report will provide 
full documentation of methods, results, and interpretation of all 
monitoring tasks for launches during the first 6 months of the IHA 
period, plus preliminary information for launches during months 7 and 
8. This draft final report will be reviewed by NMFS, and based on 
comments, revised as necessary.
    The revised final technical report, including all monitoring 
results during the authorization, will be due 90 days after the end of 
the 1-year IHA period.

Consultation

    NAWCWD Point Mugu has not requested the take of any listed species. 
Therefore, NMFS has determined that a section 7 consultation under the 
Endangered Species Act is not required at this time.

National Environmental Policy Act (NEPA)

    In July 2000, NAWCWD Point Mugu issued a Draft Environmental Impact 
Statement/Overseas Environmental Impact Statement (DEIS) to assess the 
effects of its ongoing and proposed operations in the Sea Range off 
Point

[[Page 20439]]

Mugu. While this DEIS analyzes other activities beyond the scope of 
this IHA request, Section 4.7 describes launches of target missiles 
from SNI and notes that these launches sometimes cause pinnipeds hauled 
out on beaches on the western end of SNI to move into the water. 
Accordingly, the U.S. Navy determined that it should request this 1-
year IHA to ensure that its planned missile launch operations are 
conducted in full compliance with the MMPA.

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of 
conducting missile launch operations from SNI in the Channel Islands 
off southern California will result, at worst, in a temporary 
modification in behavior by certain species of pinnipeds. While 
behavioral modifications may be made by these species as a result of 
launch activities, this behavioral change is expected to have a 
negligible impact on the animals.
    While the number of potential incidental harassment takes will 
depend on the distribution and abundance of marine mammals in the 
vicinity of launch operations, the number of potential harassment 
takings is estimated to be small. In addition, no take by injury and/or 
death is anticipated, and the potential for temporary or permanent 
hearing impairment is low and will be avoided through the incorporation 
of the mitigation measures mentioned in this document.

Proposed Authorization

    NMFS proposes to issue an IHA for 15 launches of Vandal (or 
similar) missiles and 5 launches of smaller subsonic targets from San 
Nicolas Island, CA westward towards the Point Mugu Sea Range for a 1-
year period, provided the previously mentioned mitigation, monitoring, 
and reporting requirements are incorporated. NMFS has preliminarily 
determined that the proposed activity would result in the harassment of 
only small numbers of northern elephant seals, harbor seals, California 
sea lions, and northern fur seals; would have no more than a negligible 
impact on these marine mammal stocks; and, would not have an 
unmitigable adverse impact on the availability of marine mammal stocks 
for subsistence uses.

Information Solicited

    NMFS requests interested persons to submit comments and information 
concerning this request (see ADDRESSES).

    Dated: April 16, 2001.
Donald Knowles,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 01-9870 Filed 4-20-01; 8:45 am]
BILLING CODE 3510-22-S