[Federal Register Volume 67, Number 150 (Monday, August 5, 2002)]
[Notices]
[Pages 50658-50660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19629]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for Proposed Future Operations and Facility 
Modernization at the Naval Air Warfare Center Weapons Division Point 
Mugu Sea Range, Point Mugu, CA

AGENCY: Department of the Navy, DOD.

ACTION: Notice.

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SUMMARY: The Department of the Navy announces its decision to modernize 
facilities and support current levels of weapons test and evaluation 
activities, increased levels of fleet training activities, and Theater 
Missile Defense testing and training at the Naval Air Warfare Center 
Weapons Division Point Mugu Sea Range, Point Mugu, CA.

SUPPLEMENTARY INFORMATION: Pursuant to Section 102(2)(c) of the 
National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. Sections 
4321 et seq.; Council on Environmental Quality regulations (40 CFR 
Parts 1500-1508), Department of the Navy regulations (32 CFR 775); and 
Executive Order 12114 (Environmental Effects Abroad of Major Federal 
Actions), the Department of the Navy (Navy) announces its decision to 
modernize facilities and support current levels of weapons test and 
evaluation activities, increased levels of fleet training activities, 
and Theater Missile Defense (TMD) testing and training on the Sea 
Range, as described in the Preferred Alternative. This decision will 
enable the Navy to conduct state-of-the-art weapons systems testing and 
evaluation and maintain the level of operational readiness of our 
military services on a safe, operationally realistic, and thoroughly 
instrumented Sea Range.
    Background and Issues: The 36,000 square mile Sea Range lies both 
inside and outside U.S. territorial waters and includes San Nicolas 
Island and assets at Naval Base Ventura County (NBVC), Point Mugu, CA. 
It is scheduled and managed by Naval Air Warfare Center Weapons 
Division (NAWCWPNS) Point Mugu. The Navy has continuously operated the 
Sea Range for more than 50 years. It provides a safe, highly 
instrumented volume of air and sea space in which to conduct controlled

[[Page 50659]]

test and evaluation of sea, land, and air weapons systems. The test and 
evaluation process is critical to the assessment, improvement, and safe 
operation of current and future weapons systems. The Sea Range also 
provides realistic training opportunities. Maintaining military units 
in their highest state of operational readiness has become even more 
demanding as military strategy increasingly involves the use of new or 
enhanced technologies.
    Alternatives: A screening process, based upon criteria set out in 
the Environmental Impact Statement/Overseas Environmental Impact 
Statement (EIS/OEIS), was conducted to identify a reasonable range of 
alternatives that would satisfy the Navy's purpose and need. Three 
alternatives were analyzed in detail in the EIS/OEIS: the Preferred 
Alternative, the Minimum Components Alternative, and the No Action 
Alternative.
    The Preferred Alternative was comprised of the following elements: 
(1) Continued testing activities at the Sea Range at current levels, 
including air-to-air, air-to-surface, surface-to-air, surface-to-
surface, and subsurface-to-surface tests; 2) TMD testing and training 
elements (boost phase, upper tier, lower tier, and nearshore 
intercept); (3) up to three Fleet training events annually; (4) up to 
four special warfare training events annually; (5) continuation of 
other training activities at current levels; and (6) facility 
modernizations at NVBC Point Mugu and San Nicolas Island to enhance the 
capability of the Sea Range to support existing and future operations. 
Facility modernization would include new launch pads at NVBC Point Mugu 
and construction and operation of missile launchers, a range support 
building, and five multiple-purpose instrumentation sites at San 
Nicholas Island.
    The Minimum Components Alternative was comprised by the following 
elements: (1) Testing activities at current levels; (2) up to eight 
nearshore intercept TMD events annually; (3) up to four Fleet training 
exercises annually; (4) other training activities at current levels, 
and (5) facility modernization that includes the construction of five 
multiple-purpose instrumentation sites on San Nicolas Island.
    Under the No Action Alternative, the Navy would continue test and 
training operations at current annual levels. No TMD activities would 
be conducted and there would be no facility modernizations. The No 
Action Alternative is the environmentally preferred alternative because 
it involves no change to the physical environment.
    Environmental Impacts: Potential environmental impacts occurring 
both inside and outside U.S. territory were analyzed in this combined 
EIS/OEIS for each of the three alternatives. No significant impacts on 
any resource, either inside or outside U.S. territory, were identified. 
The results of consultations conducted with federal regulatory agencies 
are briefly described below.
    The Navy initiated informal consultation with the National Marine 
Fisheries Service (NMFS) under Section 7 of the Endangered Species Act 
(16 U.S.C. Section 1531) for all activities on the Sea Range addressed 
in the EIS/OEIS. The consultation concluded in January 2002, with the 
NMFS determination that all current activities, and those future 
activities to be accommodated as part of the Preferred Alternative, 
would not adversely affect federally listed species under their 
jurisdiction.
    The Navy also coordinated with NMFS on the Marine Mammal Protection 
Act (16 U.S.C. Section 1431 et seq.). For all activities at sea, the 
Navy determined that ``takes'' of marine mammals are unlikely. To 
accommodate missile launch events potentially affecting pinnipeds 
(seals and sea lions) hauled out on land at San Nicolas Island, the 
Navy applied for and received an Incidental Harassment Authorization 
(IHA). The term of the IHA is one year.
    In January 1999, the Navy initiated formal consultation under 
Section 7 of the Endangered Species Act with the U.S. Fish and Wildlife 
Service (USFWS) for all activities associated with the preferred 
alternative that may adversely affect federally listed species under 
USFWS jurisdiction onboard NVBC Point Mugu. The USFWS issued a No 
Jeopardy Final Programmatic Biological Opinion in June 2001 that 
addresses all activities associated with the Preferred Alternative.
    In December 2000, the Navy initiated formal consultation with the 
USFWS under Section 7 of the Endangered Species Act for all activities 
associated with the Preferred Alternative that may adversely affect 
federally listed species under USFWS jurisdiction on San Nicolas 
Island. The USFWS issued a No Jeopardy Final Programmatic Biological 
Opinion in October 2001 that addresses all activities associated with 
the Preferred Alternative.
    Mitigation: Environmental management procedures and mitigation 
measures incorporated into the EIS/OEIS process, including those in the 
Biological Opinions issued by the USFWS and the IHA issued by NMFS, are 
summarized below.
    Marine Mammal Mitigation/Monitoring Measures Associated with the 
Sea Range Section 7 Consultation: NMFS and the Navy agreed to five 
standard operating procedures to protect marine mammals during 
operations on the Sea Range: (1) There will be no intentional 
interaction between marine mammals and Navy ships and aircraft; (2) 
when vessels are on the Sea Range, safety lookouts are to be posted 24 
hours a day to look for any and all objects in the water, including 
marine mammals, with all sightings reported to the ship's bridge for 
tracking; (3) when whales have been sighted in an area, ships will 
undertake increased vigilance and reasonable and practicable actions, 
including changing speed and/or direction (as dictated by environmental 
and safety or weather conditions), to avoid collisions and activities 
that might result in close interaction between the vessels and marine 
mammals; (4) in the event of a collision between a Navy vessel and a 
marine mammal, the Navy will notify NMFS as soon as practicable 
(normally within 48 hours of the incident) and provide a follow-up 
written report or a schedule for submission of a report within 30 days; 
and (5) for intercepts close to San Nicolas Island, the Navy will 
increase marine mammal survey efforts beyond those for normal open 
ocean operations.
    Marine Mammal Mitigation and Monitoring Measures Under the IHA: The 
Navy expects that planned launches will cause disturbance reactions by 
some of the pinnipeds hauled out on San Nicolas Island beaches, but 
there would be no pinniped mortality and no significant long-term 
effect on pinniped stocks. Where practicable, and when doing so will 
not compromise operational safety requirements or mission goals, the 
Navy will implement the following marine mammal monitoring and 
mitigation procedures: (1) Personnel will be prohibited from entering 
pinniped haul-out sites below a missile's predicted flight path prior 
to launch; (2) launch activities during harbor seal pupping seasons 
will be avoided; (3) launch activities during the pupping seasons of 
other pinnipeds will be limited; (4) target missiles will not be 
launched at low elevations on launch azimuths that pass close to beach 
haul-out site(s); (5) multiple target launches in quick succession over 
haul-out sites will be avoided, especially when young pups are present; 
(6) night-time launch activities will be limited; (7) during aircraft 
and helicopter operations, a minimum altitude of 1,000 feet will be

[[Page 50660]]

maintained from pinniped haul-out sites; and (8) NMFS will be contacted 
within 48 hours if injurious or lethal takes are discovered during 
marine mammal monitoring.
    Mitigation/Monitoring Procedures Under the NBVC Point Mugu 
Biological Opinion: USFWS and the Navy agreed to annual reporting and 
implementation of mitigation and conservation measures. The Navy has 
already implemented a jet assisted takeoff (JATO) bottle retrieval 
program for the salt marsh in front of Building 55. In addition, the 
Navy will: (1) Conduct standardized and consistent population 
monitoring of salt marsh bird's-beak, western snowy plover, California 
least tern, and light-footed clapper rail; (2) areas shall be restored 
as salt marsh, sandy beach, or other habitat for listed species where 
physical parameters are appropriate and no other use is anticipated; 
(3) aircraft overflights will be modified and monitored by air 
operations personnel in order to avoid and minimize potential adverse 
effects to listed species; (4) Base personnel and contractors shall be 
educated on the identification and importance of conserving listed 
species, and their personal responsibilities in that regard; (5) All 
mitigation measures shall be evaluated to determine their effectiveness 
in avoiding and minimizing take of listed species, and where these 
mitigation measures are not effective, corrective measures shall be 
implemented.
    Mitigation/Monitoring Procedures Under the San Nicolas Island 
Biological Opinion: The Navy has closed the south side of the island to 
all activities year-round from the barge landing at Daytona Beach to 
Bachelor Beach to protect three species of marine mammals, western 
snowy plovers, Brandt's cormorants, western gulls, and California brown 
pelicans, and to provide undisturbed habitat for a variety of other 
wildlife species. Other mitigation and conservation measures to be 
implemented by the Navy, in addition to annual reporting, include: (1) 
Closure of western snowy plover nesting areas during the breeding 
season using signs and barricades; (2) regular and consistent 
monitoring of the distribution and status of listed species, 
particularly those with habitat in or near operational areas, in order 
to assess the potential effects of Navy activities; (3) mandatory 
attendance by permanent and visiting island personnel at an 
``environmental briefing'' on personal responsibilities regarding 
protected species under federal legislation and Navy regulations; (4) 
restoration of island night lizard habitat using revegetation; (5) 
alteration of the substrate immediately adjacent to the Building 807 
launch area (during the nonbreeding season) to reduce its 
attractiveness as a nest site by snowy plovers (this area is not 
designated critical habitat for the species); (6) thorough cleaning and 
inspection of construction equipment, vehicles, and supplies prior to 
their shipment to San Nicolas Island to reduce the potential for 
introduction of non-native species; (7) whenever feasible, staging 
areas for temporary storage of equipment and materials will be sited in 
areas with low island night lizard densities; and (8) when practicable, 
proposed facility construction projects sites and associated access 
roads will be placed to avoid habitat that may harbor island night 
lizards.
    Cultural Resources: Prior to use of the drop zone located in the 
near-shore areas of Becher's Bay at Santa Rosa Island, the Navy will 
conduct a thorough survey of the entire impact area, in addition to a 
buffer zone, for the presence of shipwrecks. If resources are found to 
be present, the Navy will comply with Section 106 of the National 
Historic Preservation Act.
    As concluded in the EIS/OEIS and this Record of Decision, all 
practicable means to avoid or minimize environmental harm that would 
result from implementing this alternative will be adopted by the Navy.
    Response to Comments Received Regarding the Final EIS: Comments on 
the EIS/OEIS were received from USFWS. No other comments were received 
from any other federal agency, state or local agencies, or from non-
governmental organizations or individual members of the public.
    The USFWS commented that the Final EIS/OEIS did not recognize that 
programmatic Biological Opinions had been completed for both NBVC Point 
Mugu and San Nicolas Island and that the Navy may have erroneously 
concluded in the EIS/OEIS that these Biological Opinions would protect 
all ``sensitive species'' present at the installations, not just those 
that are federally listed as endangered or threatened or proposed for 
listing. The Navy indicates that in Chapter 4.8, the Final EIS/OEIS 
contains a thorough discussion of both completed Biological Opinions. 
In addition, the Navy acknowledges that the Biological Opinions pertain 
only to the protection of federally listed endangered or threatened 
species or those proposed for listing.
    Conclusions: After carefully considering the purpose and need of 
the proposed action, the analysis contained in the EIS/OEIS, the IHA 
issued by NMFS, the Biological Opinions issued by USFWS, and the 
comments received on the EIS/OEIS from federal, state, and local 
agencies, non-governmental organizations, and individual members of the 
public, I have determined that the Preferred Alternative will best meet 
the needs of the Navy. I have also determined that the Preferred 
Alternative will cause no significant harm to the resources of the 
global commons. Therefore, implementation of the Preferred Alternative 
will enable NAWCWPNS Point Mugu to continue to conduct state-of-the-art 
weapons systems testing and evaluation and maintain the operational 
readiness of our military services on a safe, operationally realistic, 
and thoroughly instrumented Sea Range.

    Dated: July 24, 2002.
Donald R. Schregardus,
Deputy Assistant Secretary of the Navy (Environment).
[FR Doc. 02-19629 Filed 8-2-02; 8:45 am]
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