[Federal Register Volume 68, Number 47 (Tuesday, March 11, 2003)]
[Notices]
[Pages 11527-11533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5644]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 111902C]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to 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 for a small take 
authorization; request for comments and information.

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SUMMARY: NMFS has received a request from the U.S. Navy for the 
harassment of small numbers of pinnipeds incidental to missile launch 
operations from San Nicolas Island, CA (SNI). As a result of that 
request, NMFS is considering whether to propose regulations that would 
govern the incidental taking of a small number of marine mammals under 
a Letter of Authorization (LOA). In order to promulgate these 
regulations and issue an LOA, NMFS must determine that these takings 
will have a negligible impact on the affected species and stocks of 
marine mammals. NMFS invites comment on the application and suggestions 
on the content of the regulations.

[[Page 11528]]


DATES: Comments and information must be postmarked no later than March 
26, 2003.

ADDRESSES: Comments should be addressed to the Chief, Marine Mammal 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3226. A copy of the application, NMFS' Environmental Assessment (EA)/
Finding of No Significant Impact (FONSI) and a list of references used 
in this document may be obtained by writing to this address, or by 
telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT). Comments will not be accepted if submitted via e-mail or the 
Internet.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2055, ext 128.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the Marine Mammal Protection Act (16 U.S.C. 
1361 et seq.)(MMPA) directs the Secretary of Commerce (Secretary) to 
allow, upon request, the incidental, but not intentional taking 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 regulations are issued.
    Permission may be granted for periods of 5 years or less if the 
Secretary finds that the taking will have a negligible impact on the 
species or stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses, and 
regulations are prescribed setting forth the permissible methods of 
taking and the requirements pertaining to the monitoring and reporting 
of such taking.
    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.'' 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).

Summary of Request

    On October 23, 2002, NMFS received an application from the Naval 
Air Weapons Station, China Lake (NAWS), under section 101(a)(5)(A) of 
the MMPA, requesting an authorization, effective from August 26, 2003 
through August 25, 2008, for the harassment of small numbers of three 
species of marine mammals incidental to target missile launch 
operations conducted by the Naval Air Warfare Center Weapons Division 
(NAWCWD) on SNI, one of the Channel Islands in the Southern California 
Bight. These regulations, if implemented, would allow NMFS to issue an 
annual LOA to NAWS, which would replace the process of issuance of 
annual Incidental Harassment Authorizations (IHAs) under section 
101(a)(5)(D) of the MMPA (see 66 FR 41843, August 9, 2001; 67 FR 56271, 
September 3, 2002). This action is being undertaken in part based upon 
recommendations made on May 23, 2001 and August 6, 2002 by the Marine 
Mammal Commission, under section 202(a)(4) of the MMPA. The current IHA 
expires on August 26, 2003.
    According to the NAWS' application, 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. NAWS 
anticipates an average of 40 launches annually of Vandal (or similar 
sized) vehicles from SNI's Alpha Launch Complex (ALC) and smaller 
supersonic and subsonic missiles and targets from either ALC or the 
Building 807 Launch Site (Building 807). Launches at this level would 
be an increase as the NAWCWD conducted a total of 19 launches 
(including one dual launch) of Vandal rockets (14 launches) and 5 other 
missiles and targets from SNI between August 15, 2001 and July 18, 2002 
under an IHA.
    The purpose of these launches is to support activities associated 
with operations on the NAWCD's Point Mugu Sea Range. The Sea Range is 
used by the U.S. and Allied military services to test and evaluate sea, 
land, and air weapon systems; to provide realistic training 
opportunities; and to maintain operational readiness of these forces. 
Some of the SNI launches are used for practicing defensive drills 
against the types of weapons simulated by these vehicles. Some launches 
may be conducted for the related purpose of testing new types of 
targets, to verify that they are suitable for use as operational 
targets. While SNI is under the land management responsibility of NAWS, 
planned missile and other target launches are conducted by the NAWCWD. 
A detailed description of the operations is contained in the NAWS 
application (NAWS, 2002) which is available upon request (see 
ADDRESSES).

Measurement of Airborne Sound Levels

    The following section is provided to facilitate understanding of 
airborne and impulsive noise characteristics. In its application, NAWS 
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-Pa2 -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 and is beyond the 
scope of this document. NMFS recommends interested readers review 
NOAA's tutorial on this issue: http://www.pmel.noaa.gov/vents/acoustics/tutorial/tutorial.html Also, airborne sounds are often 
expressed as broadband A-weighted (dBA) or C-weighted (dBC) sound 
levels. A-weighting refers to frequency-dependent weighting factors 
applied to sound in accordance with the sensitivity of the human ear to 
different frequencies. With A-weighting, sound energy at frequencies 
below 1 kHz and above 6 kHz are de-emphasized and approximates the 
human ear's response to sounds below 55 dB. C-weighting corresponds to 
the relative response to the human ear to sound levels above 85 dB. C-
weight scaling is useful for analyses of sounds having predominantly 
low-frequency sounds, such as sonic booms.
    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, the Navy believes that 
A-weighting is better than unweighted pressure levels because the 
pinniped's highest in-air hearing sensitivity is at higher frequencies 
than that of humans. In this document, whenever possible sound levels 
have been provided with A-weighting.

Description of the Specified Activity

    In general, launch vehicles are the Vandal and a variety of other 
supersonic and subsonic missiles and targets. Most

[[Page 11529]]

other vehicles used would be similar in size and weight or slightly 
smaller and would have characteristics generally similar to the Vandal. 
However, NAWS also has requested a marine mammal take authorization for 
up to 3 launches annually for vehicles that may be larger than the 
Vandal, but would be under 50,000 lbs (23,000 kilograms (kg)) in 
weight.

Vandal Target Missiles

    The Vandal (designated MQM-8G) 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 m (25.2 ft) in length with a mass at launch of 3,674 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. At launch, the Vandal is accelerated for several seconds by a 
solid propellant rocket booster to a speed sufficient for the ram-jet 
engine to start. After several seconds of thrust, the booster is 
discarded, falls into the water of the Sea Range, and the Vandal 
continues along its flight path at supersonic speed under ramjet power.
    The Vandal and most other targets are launched from the ALC on the 
west-central part of SNI, a land-based launch site. The ALC 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 ALC may 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). However, to date, most 
Vandal launches during NAWS first IHA monitoring program had low angles 
(8 degrees) crossing the SNI beaches at an altitude of about 1,300 ft 
(396 m)(Lawson, 2002). Four Vandals however, had high angle (42 
degrees) profiles, crossing SNI beaches at an altitude of about 9,600 
ft (2,926 ft)(Lawson, 2002).
    Vandal launches produce strong noise levels. Sound measurements 
collected during two Vandal launches in 1997 and 1999 indicated 
received A-weighted SPLs ranged from 123 dB (re 20 micro-Pa) (SEL of 
126 dB re 20 micro-Pa2 -sec) at 945 m (3,100 ft) to 136 dB (re 20 
[mu]Pa) (SEL of 131 dB re 20 micro-Pa2 -sec) at 370 m (1,215 ft) 
(Burgess and Greene, 1998; Greene, 1999). The most intense sound 
exposure occurred during the first 0.4 to 4.1 seconds after launch 
(Greene, 1999; Greene and Malme, 2002). However, what is important for 
this action is not the noise level near the launch site but the noise 
level over the pinniped haulouts on the SNI beaches. This will be 
discussed later in this document.

Supersonic and Subsonic Targets and Other Missiles

    The Navy also plans to launch other subsonic and supersonic 
vehicles to simulate various types of threat missiles and aircraft. 
These 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 lb) 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. Additional types of small vehicles that may be 
launched include the Exocet and Tomahawk missiles, and the Rolling 
Airframe Missile (RAM).
    All of these smaller targets are launched from either the ALC or 
from Building 807. 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 vehicles, launch trajectories from Building 807 may range 
from 6 to 45 degrees and cross over the nearest beach at altitudes from 
15 to 190 m (50 to 625 ft).
    Sound measurements were collected from the launch of a BQM-34S at 
the Point Mugu Naval Air Station (NAS) 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-Pa2 -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). The 
measured Terrior Orion SPL ranged from 89 to 138 dB and the SEL from 93 
to 138 dB, although the SPL/SEL of 138 dB appears to be anomalously 
high (Lawson, 2002). The SPL/SELs for the AGS launches ranged from 95 
to 150 dB (93 to 137 dB SEL) and the RAM launch SPL was 126 dB (131 dB 
SEL). It should be noted that these measurements were all flat-
weighted, meaning that A-weighted SPL/SELs values were several decibels 
lower.

General Launch Operations

    Aircraft and helicopter flights between NAS 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 and other vehicle 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.
    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 NAWS (2002), Stewart and Yochem (2000, 1994), Sydeman and 
Allen (1999), 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). General 
information on harbor seals and other marine mammal species found in 
Central California waters can be found in Caretta et al. (2001, 2002), 
which are available at the following URL: http://www.nmfs.noaa.gov/ 
prot--res/ PR2/ Stock--Assessment--Program/ sars.html. Please refer to 
those documents and the application for further information on these 
species.

[[Page 11530]]

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

    As outlined in several previous NMFS documents, the effects of 
noise on marine mammals are highly variable, and can be categorized as 
follows (based on Richardson et al., 1995):
    (1) The noise may be too weak to be heard at the location of the 
pinniped (i.e., lower than the prevailing ambient noise level, the 
hearing threshold of the animal at relevant frequencies, or both);
    (2) The noise may be audible but not strong enough to elicit any 
overt behavioral response;
    (3) The noise may elicit reactions of variable conspicuousness and 
variable relevance to the well being of the pinniped; these can range 
from temporary alert responses to active avoidance reactions such as 
stampedes into the sea from terrestrial haulout sites;
    (4) Upon repeated exposure, pinnipeds may exhibit diminishing 
responsiveness (habituation), or disturbance effects may persist; the 
latter is most likely with sounds that are highly variable in 
characteristics, infrequent and unpredictable in occurrence (as are 
vehicle launches), and associated with situations that the pinniped 
perceives as a threat;
    (5) Any anthropogenic noise that is strong enough to be heard has 
the potential to reduce (mask) the ability of pinnipeds to hear natural 
sounds at similar frequencies, including calls from conspecifics, and 
environmental sounds such as surf noise;
    (6) If mammals remain in an area because it is important for 
feeding, breeding or some other biologically important purpose even 
though there is chronic exposure to noise, it is possible that there 
could be noise-induced physiological stress; this might (in turn) have 
negative effects on the well-being or reproduction of the animals 
involved; and
    (7) Very strong sounds have the potential to cause temporary or 
permanent reduction in hearing sensitivity. In terrestrial mammals, and 
presumably marine mammals, received sound levels must far exceed the 
animal's hearing threshold for there to be any temporary threshold 
shift (TTS). For transient sounds, the sound level necessary to cause 
TTS is inversely related to the duration of the sound. Received sound 
levels must be even higher for there to be risk of permanent hearing 
impairment.
    Sounds generated by the launches of Vandal and similar 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 result in the incidental 
harassment of seals and sea lions. 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. However, the extremely rapid 
departure of the Vandal and other targets means that pinnipeds would be 
exposed to increased sound levels for very short time intervals (i.e., 
a few seconds). In addition, because launches are conducted relatively 
infrequently, neither physiological stress nor hearing related injuries 
are likely for pinnipeds exposed to more than a single launch event.
    Noise generated from aircraft and helicopter activities associated 
with the launches may provide a potential secondary source of 
incidental 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 monitoring studies 
conducted under the IHA for this activity on SNI in 2001 and 2002, and 
on other rocket launch activities and their effects on pinnipeds in the 
Channel Islands (Stewart et al., 1993), anticipated impacts can be 
predicted. In general, 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 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, 
as supported by recent IHA monitoring (Lawson et al., 2002), the Navy 
(NAWS, 2002) conservatively assumes that biologically significant 
disturbance (i.e., Level B harassment) will sometimes occur upon 
exposure to launch sounds with SEL's of 100 dBA (re 20 micro-Pa2 -sec) 
or higher for California sea lions and northern elephant seals and 90 
dBA for Pacific harbor seals. A biologically significant disturbance 
has been defined by NMFS in several previous rulemakings (e.g., 66 FR 
43442, August 17, 2001; 67 FR 46712, July 16, 2002) as a disturbance of 
a behavior pattern that has the potential to have an effect on the 
reproduction or survival of the animal or the species.
    A conservative estimate of the SEL at which TTS (Level B 
harassment) may be elicited in harbor seals and California sea lions 
and northern elephant seals has been determined to be 145 dB (re 20 
micro-Pa2 -sec) and 165 dB (re 20 micro-Pa2 -sec), respectively (Lawson 
et al., 1998). 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 vehicles 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 ALC. Northern elephant seals, 
harbor seals, and California sea lions haul out in areas within the 
perimeter of this

[[Page 11531]]

100-dBA contour for Vandal launches. For BQM-34 launches from ALC, 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. Some animals may flee to the water. Since 
recorded observations of the responses of pinnipeds to Vandal launches 
along with post-launch surveys at the SNI haulouts 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.
    Since the launches are relatively infrequent, and of brief 
duration, it is unlikely that the pinnipeds near the launch site will 
become habituated to launch sounds. Pinnipeds that haul out on beaches 
at the western end of SNI for extended periods, or that return to haul-
out sites regularly over the course of the year, may be exposed to 
sounds of more than a single launch, and may be ``harassed'' more than 
once each year. However, given the infrequency and brevity of these 
events, it is unlikely that much, if any, habituation to target missile 
launch activities has occurred.
    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 provisionally estimates that the following numbers of 
pinnipeds may be subject to Level B harassment annually: 1,403 northern 
elephant seals, 457 harbor seals, and 1,637 California sea lions. To 
determine the number of takings by harassment annually, one would need 
to multiply those numbers by the number of launches conducted annually. 
The animals affected may be the same animals or may be different 
animals, depending upon site fidelity of the species. For the 5-year 
period of the regulations, these numbers of Level B harassment takes 
would be multiplied by five. Based on the results of recent monitoring 
of the haulouts, the estimated number of potential harassment takes 
would be significantly less than authorized under the two recent IHAs.

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 SNI

    Harbor seals, California sea lions, and northern elephant seals 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). Pinnipeds do not feed 
when hauled out on these beaches, and the airborne launch sounds will 
mostly reflect or refract from the water surface and, except for sounds 
within a diameter of approximately 60 degrees directly below the launch 
vehicle, will not penetrate into the water column. The sounds that do 
penetrate 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.

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 attempt to 
limit launch activities during pinniped pupping seasons, particularly 
harbor seal pupping season; (2) the Navy will attempt not to launch 
vehicles at low elevation on launch azimuths that pass close to beach 
haul-out site(s); (3) the Navy will attempt to avoid multiple target 
launches in quick succession over haul-out sites, especially when young 
pups are present; and, (4) the Navy will attempt to limit launch 
activities during the night.

Monitoring

    As part of its application, NAWS provided a proposed monitoring 
plan, similar to that adopted for the 2001/2002 and 2002/2003 IHAs (see 
66 FR 41834, August 9, 2001; 67 FR 56271, September 3, 2002), 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 the 
first year under an LOA and regulations.

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.

[[Page 11532]]

 The monitoring would be via autonomous 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 compact discs (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

    An interim technical report is proposed to be submitted to NMFS 60 
days prior to the expiration of each annual LOA issued under these 
regulations, along with a request for a follow-on annual LOA. This 
interim technical report will provide full documentation of methods, 
results, and interpretation pertaining to all monitoring tasks for 
launches during the period covered by the LOA. However, only 
preliminary information would be available to be included for any 
launches during the 60-day period immediately preceding submission of 
the interim report to NMFS. In the unanticipated event that any cases 
of pinniped mortality are judged to result from launch activities at 
any time during the period covered by these regulations, this event 
will be reported to NMFS immediately.
    The proposed 2003-04 launch monitoring activities will constitute 
the third year of formal, concurrent pinniped and acoustical monitoring 
during launches from SNI. Several of the questions about effects of 
such launch activities on pinnipeds ashore are expected to be answered 
before the first LOA is issued based on the 2001-2003 monitoring under 
IHAs. Additional questions will be answered during the first year of 
monitoring under an LOA in 2003-2004. Following submission in 2004 of 
the interim report on the first phase of monitoring under an LOA, NAWS 
believes that it would be appropriate for the Navy and NMFS to discuss 
the scope for any additional launch monitoring work on SNI subsequent 
to the first LOA issued under these regulations. In particular, some 
biological or acoustic parameters may be documented adequately prior to 
or during the first LOA (2003-2004), and it may not be necessary to 
continue all aspects of the monitoring work after the first year.
    In addition to annual LOA reports, NMFS proposes to require NAWS to 
submit a draft comprehensive final technical report to NMFS 180 days 
prior to the expiration of the regulations. This technical report will 
provide full documentation of methods, results, and interpretation of 
all monitoring tasks for launches during the first four LOAs, plus 
preliminary information for launches during the first 6 months of the 
final LOA.

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 an EA/
FONSI conducted by NMFS on the issuance of a small take authorization 
for Vandal and other rocket and missile launches at SNI in 2001; the 
NAWCWD's March, 2002 Final Environmental Impact Statement (Final EIS) 
to assess the effects of its ongoing and proposed operations in the Sea 
Range of Point Mugu; and the content and analysis of NAWS's October, 
2002 request for the proposed regulations to govern this activity, that 
this proposed action 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, this action is categorically excluded 
from further environmental review.

Endangered Species Act (ESA)

    If NMFS proceeds with rulemaking, it will consider whether 
consultation under section 7 of the ESA is warranted.

Coastal Zone Management Act Consistency

    On February 14, 2001, by a unanimous vote, the State of California 
Coastal Commission concluded that, with the monitoring and mitigation 
commitments the Navy has incorporated into their various testing and 
training activities on the Point Mugu Sea Range, including activities 
on SNI, and including the commitment to enable continuing Commission 
staff review of finalized monitoring plans and ongoing monitoring 
results, the activities are consistent with the marine resources, 
environmentally sensitive habitat and water quality policies (Sections 
30230, 30240, and 30231) of the California Coastal Act.

National Marine Sanctuaries Act

    According to the Navy, except for aircraft and vessel traffic 
transiting the area, none of the Navy's proposed activities would take 
place within the Channel Islands National Marine Sanctuary (CINMS). 
Also, all Navy Sea Range test and training activities are consistent 
with CINMS regulations (15 CFR 920.70).

Information Solicited

    As this document is being published in conformance with NMFS 
regulations implementing the small take program (50 CFR 
216.104(b)(1)(ii)), NMFS requests interested persons to submit 
comments, information, and suggestions concerning the request and the 
structure and content of the regulations to allow the taking. As 
required by 50 CFR 216.105, NMFS will consider this information in 
developing proposed regulations to authorize the taking. Prior to 
submitting comments, NMFS recommends reviewers of this document read 
the responses to comments made previously (see 66 FR 41843, August 9, 
2001; 67 FR 56271, September 3, 2002)

[[Page 11533]]

for this action, as NMFS does not intend to address these issues 
further without the submission of additional scientific information to 
the comment. If NMFS proposes regulations to allow this take, 
interested parties will be provided with a 45-day period within which 
to submit comments on the proposed rule.

    Dated: March 5, 2003.
Brian P. Hayden,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-5644 Filed 3-10-03; 8:45 am]
BILLING CODE 3510-22-S