[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Notices]
[Pages 44180-44185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16527]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 052802E]


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

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

ACTION: Notice of receipt of application and proposed incidental 
harassment authorization; request for comments.

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SUMMARY: NMFS has received an application from the U.S. Navy, Naval Air 
Weapons Station, China Lake, CA (NAWS) for an incidental harassment 
authorization (IHA) to take small numbers of marine mammals by 
harassment incidental to missile launch operations by Naval Air Warfare 
Center Weapons Division, Point Mugu (NAWCWD) 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 NAWS 
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 missiles and targets for 1 year commencing in August 
2002.

DATES: Comments and information must be received no later than July 31, 
2002.

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 NAWS application is available upon request 
from the same address.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, (301) 713-
2322, ext. 128 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,

[[Page 44181]]

upon request, the incidental, but not intentional taking of small 
numbers of marine mammals by U.S. citizens who engage in a specified 
activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, notice of a 
proposed authorization is provided to the public for review.
    Permission for incidental takings may be granted if NMFS finds that 
the taking will have no more than a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses and that 
the permissible methods of taking and requirements pertaining to the 
monitoring and reporting of such taking are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    Subsection 101(a)(5)(D) of the MMPA established an expedited 
process by which citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. The MMPA defines ``harassment'' as:

    * * * any act of pursuit, torment, or annoyance which (i) has 
the potential to injure a marine mammal or marine mammal stock in 
the wild (Level A harassment); or (ii) has the potential to disturb 
a marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
(Level B harassment).

    Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS 
review of an application followed by a 30-day public notice and comment 
period on any proposed authorizations for the incidental harassment of 
small numbers of marine mammals. Within 45 days of the close of the 
comment period, NMFS must either issue or deny issuance of the 
authorization.

Summary of Request

    On April 9, 2002, NMFS received an application from NAWS requesting 
an authorization for the harassment of small numbers of three species 
of marine mammals incidental to target missile launch operations 
conducted by NAWCWD 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. In 2001, NAWCWD conducted 9 launches 
of Vandal and similar sized targets and 3 launches of subsonic targets 
from SNI. NAWS' request for an authorization to incidentally harass 
small numbers of marine mammals on SNI in 2002 and 2003 anticipates 15 
launches of Vandal (or similar sized) vehicles from the Alpha Launch 
Complex on SNI and 5 launches of smaller subsonic missiles and targets 
for one year from either the Alpha Launch Complex or Building 807 
commencing in August 2002. A detailed description of the operations is 
contained in the application (NAWS, 2002) which is available upon 
request (see ADDRESSES).

Measurement of Airborne Sound Levels

    The types of sounds discussed in NAWS' 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 
similarly to the human ear, a study by C. Malme (pers. commun. to NMFS, 
March 5, 1998) found that for predicting noise effects, A-weighting 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 Sea Range off 
Point Mugu, CA. SNI is under the land management responsibility of 
NAWS; however, planned missile and other target launches are conducted 
by NAWCWD. In general, two types of launch vehicles are used, the 
Vandal and the smaller subsonic missiles and 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) (8,100 lbs) including the solid propellant booster. There are 
variants of the Vandal; they all have the same dimensions, but differ 
in their operational range. The Vandals are remotely controlled, non-
recoverable missiles. These and most other targets are launched from a 
land-based launch site (hereafter referred to as Alpha Launch Complex) 
on the west-central part of SNI. The Alpha Launch Complex is 192 m (630 
ft) above sea level and is approximately 2 kilometers (km)(1.25 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 [b.mu]Pa) (SEL of 131 dB re 20 micro-Pa2 -sec) at 
370 m (1,215 ft). The most intense sound exposure occurred during the 
first 0.3 to 1.9 seconds after launch.

[[Page 44182]]

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 10 m (30 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. For these smaller missiles, 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 2 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 is not 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), 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 others in the region 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 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 2 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 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 temporary threshold shift (TTS) (Level B 
harassment) may be elicited in harbor seals and California sea lions 
(SEL of 145 dB re 20 micro-Pa2 -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,

[[Page 44183]]

1998; Greene, 1999). This evidence, in combination with the known sound 
levels produced by missiles launched from SNI (described later in this 
document), 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 (13,986 ft) 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 biological 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

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

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

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., Phoca 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 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.

Proposed 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 (under 305 m, 1,000 ft) 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.

Proposed Monitoring

    As part of its application, NAWS provided a proposed monitoring 
plan, similar to that adopted for the 2001-2002 IHA (see 66 FR 41834, 
August 9,

[[Page 44184]]

2001), for assessing impacts to marine mammals from Vandal and smaller 
subsonic target and missile launch activities on SNI. This monitoring 
plan is described in their application (NAWS, 2002).
    The Navy proposes to conduct the following monitoring during 2002-
2003:

Land-Based Monitoring

    In conjunction with a biological contractor, the Navy will continue 
its 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 digital video cameras.
    During the day of each missile launch, the observer would place 
three digital video cameras 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.
    Following each launch, all digital recordings will be transferred 
to DVDs for analysis. A DVD player/computer 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 et al. (LGL, 2002).

Acoustical Measurements

    During each launch, the Navy 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 
hours. 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. Once collected, sound 
files will be transferred onto CDs and sent to the acoustical 
contractor for sound analysis.
    For further details regarding the installation and calibration of 
the acoustic instruments and analysis methods refer to LGL (2002).

Reporting Requirements

    If the IHA is granted, NAWS 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 determined by 
trained biologists 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. At the time of the 120-day report, the Navy and NMFS will discuss 
the scope of additional launch monitoring work on SNI during the 2002-
2003 IHA period.
    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.

Endangered Species Act (ESA)

    NAWS has not requested the take of any listed species nor is any 
listed species under NMFS jurisdiction expected to be impacted by these 
activities. Therefore, NMFS has determined that a section 7 
consultation under the ESA is not required at this time.

National Environmental Policy Act (NEPA)

    In accordance with section 6.01 of the National Oceanic and 
Atmospheric Administration (NOAA) Administrative Order 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act , May 20, 1999), NMFS has analyzed both the 
context and intensity of this action and determined, based on a 
programmatic NEPA assessment conducted on the impact of NMFS' 
rulemaking for the issuance of IHAs (61 FR 15884; April 10, 1996); the 
content and analysis of NAWS's request for an IHA; and the NAWCWD's 
March, 2002 Final Environmental Impact Statement to assess the effects 
of its ongoing and proposed operations in the Sea Range of Point Mugu, 
that the proposed issuance of this IHA to NAWS by NMFS will not 
individually or cumulatively result in a significant impact on the 
quality of the human environment as defined in 40 CFR 1508.27. 
Therefore, based on this analysis, the action of issuing an IHA for 
these activities meets the definition of a ``Categorical Exclusion'' as 
defined under NOAA Administrative Order 216-6 and is exempted from 
further environmental review.

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 Pt 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 stocks for subsistence uses.

[[Page 44185]]

Information Solicited

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

    Dated: June 21, 2002.
Donna Wieting,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service
[FR Doc. 02-16527 Filed 6-28-02; 8:45 am]
BILLING CODE 3510-22-S