[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23689-23692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09376]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB047]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the U.S. Navy Target and Missile 
Launch Activities on San Nicolas Island

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

ACTION: Notice; proposed issuance of an incidental harassment 
authorization; request for comments.

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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for an 
incidental harassment authorization (IHA) to incidentally take marine 
mammals, by Level B harassment only, during target and missile launch 
activities on San Nicolas Island (SNI). The Navy is requesting, and 
NMFS is proposing to issue, an IHA authorizing incidental take of 
marine mammals during continuation of target and missile launch 
activities identical to those already analyzed in a 2019 IHA issued on 
June 12, 2019 and a currently active Renewal IHA issued on June 19, 
2020, which expires on June 11, 2021. The proposed mitigation, 
monitoring, and reporting measures remain the same as prescribed in the 
previous IHAs. This IHA would be effective from June 12, 2021 through 
June 11, 2022. Pursuant to the Marine Mammal Protection Act (MMPA), 
NMFS is requesting comments on its proposal to issue an IHA to 
incidentally take marine mammals during the specified activities. NMFS 
will consider public comments prior to making any final decision on the 
issuance of the requested MMPA

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authorizations and agency responses will be summarized in the final 
notification of our decision. The Navy's activities are considered 
military readiness activities pursuant to the MMPA, as amended by the 
National Defense Authorization Act for Fiscal Year 2004 (NDAA).

DATES: Comments and information must be received no later than June 3, 
2021.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application and supporting documents (including NMFS Federal Register 
notices of the original proposed and final authorizations, and the 
previous IHA), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the 
contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have 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 taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals is being requested addressed here qualifies as a military 
readiness activity.

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action (i.e., the issuance of an IHA) 
with respect to potential impacts on the human environment. This action 
is consistent with categories of activities identified in Categorical 
Exclusion B4 (IHAs with no anticipated serious injury or mortality) of 
the Companion Manual for NOAA Administrative Order 216-6A, which do not 
individually or cumulatively have the potential for significant impacts 
on the quality of the human environment and for which we have not 
identified any extraordinary circumstances that would preclude this 
categorical exclusion. Accordingly, NMFS has preliminarily determined 
that the issuance of the proposed IHA qualifies to be categorically 
excluded from further NEPA review.
    We will review all comments submitted in response to this 
notification prior to concluding our NEPA process or making a final 
decision on the IHA request.

History of Request

    On March 1, 2021, NMFS received an adequate and complete 
application from the Navy, requesting the take of marine mammals 
incidental to target and missile launch activities on SNI. NMFS 
previously issued an IHA for this activity on June 12, 2019 (84 FR 
28462; June 19, 2019) as well as a Renewal IHA on June 19, 2020 (85 FR 
38863; June 29, 2020). The activities for which incidental take is 
requested are identical to those covered under the previous IHAs.
    Navy complied with all the requirements (e.g., mitigation, 
monitoring, and reporting) of the previous authorizations and 
information regarding their monitoring results may be found in the 
Potential Effects of Specified Activity on Marine Mammals and their 
Habitat and Estimated Take section of the previous authorization (84 FR 
28462; June 19, 2019) as well https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations. This proposed IHA would 
cover one year of an on-going activity for which Navy obtained prior 
authorizations, specifically continuation of target and missile 
launches on SNI. Of note, the Navy also submitted a revised and 
complete application on August 28, 2020 for a 7-year rulemaking and 
Letter of Authorization (LOA) for the same target and missile launch 
activities on SNI, as well as other Navy testing and training 
activities in the same area. On September 4, 2020, NMFS published a 
notice of receipt of application in the Federal Register (85 FR 55257) 
requesting comments and information related to the Navy's request. 
However, NMFS is unable to make determinations regarding the requested 
LOA prior to the expiration of the currently active Renewal IHA, which 
would leave a lapse in coverage for the Navy for target and missile 
launch activities on SNI after it expires on June 11, 2021. This IHA is 
intended to provide coverage during this period and would be valid for 
one year from issuance.

Description of the Proposed Activity and Anticipated Impacts

    The Navy proposes to continue a target and missile launch program 
on SNI, located in Southern California and part of the Channel Islands, 
which is identical to the program covered under the previous 
authorizations. The Navy has been conducting this program since 2001, 
which supports testing and

[[Page 23691]]

training activities associated with operations on the Point Mugu Sea 
Range (PMSR). The PMSR 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. Missiles vary from tactical and developmental weapons 
to target missiles used to test defensive strategies and other weapons 
systems. Some launch events involve a single missile, while others 
involve the launch of multiple missiles in quick succession and are 
launched from two launch sites on SNI. As before, the Navy proposes to 
conduct up to 40 missile launch events from SNI, but the total may be 
less than 40 depending on operational requirements. Launch timing will 
be determined by operational, meteorological, and logistical factors. 
Up to 10 of the 40 launches may occur at night, but this is also 
dependent on operational requirements and only conducted when required 
by test objectives. The specified activities are expected to result in 
the take of three marine mammal species: California sea lions (Zalophus 
californianus), harbor seals (Phoca vitulina), and northern elephant 
seals (Mirounga angustirostris) by Level B harassment, primarily in the 
form of behavioral disturbance, as a result of the airborne noise 
produced during launch activities.
    To support public review and comment on the IHA that NMFS is 
proposing to issue here, we refer the reader to the documents related 
to the previously issued IHAs (84 FR 28462; June 19, 2019 and 85 FR 
38863; June 29, 2020) and discuss any new or changed information here. 
A detailed description of the proposed target and missile launch 
activities can be found in these documents. We also refer the reader to 
the Navy's current and previous applications and monitoring reports 
which can be found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations.

Detailed Description of the Action

    A detailed description of the proposed target and missile launch 
activities is found in these previous documents. The location, timing, 
and nature of the activities, including the types of missiles planned 
for use, are identical to those described in the previous 
notifications.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
is found in these previous documents, which remains applicable to this 
proposed IHA as well. In addition, NMFS has reviewed recent draft Stock 
Assessment Reports, information on relevant Unusual Mortality Events, 
and recent scientific literature, and determined that no new 
information affects our original analysis of impacts under the previous 
authorizations. NMFS has also reviewed the Navy's monitoring reports 
and they support the current take estimates and our findings. 
Therefore, no change in the take estimates is warranted.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat may be found in the documents 
supporting the previous IHAs, which remains applicable to the issuance 
of this proposed IHA. There is no new information on potential effects.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
authorized take is found in these previous documents. The methods of 
estimating take for the proposed IHA are identical to those used in the 
previous IHAs. The source levels, number of launches, and the marine 
mammal abundance on SNI used to calculate take remain unchanged from 
the previously issued IHAs. Regarding proposed authorized take, the 
stocks taken, types of take, and methods of taking remain unchanged 
from the previously issued IHAs. The same is true for the number of 
takes, which are indicated below in Table 1. As before, no serious 
injury or mortality is anticipated to result from the Navy's activity.

                    Table 1--Requested Take Amount, per Species, Relative to Population Size
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                                   Authorized
            Species                  Level B          Stock abundance (percent taken by Level B harassment)
                                   harassment
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California sea lion............          11,000  257,606 (4.27 percent).
Harbor seal....................             480  30,968 (less than 2 percent).
Northern elephant seal.........              40  179,000 (less than 1 percent).
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Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
proposed here are identical to those included in the previous IHAs. The 
discussion of the least practicable adverse impact included in that 
document remains accurate. All mitigation, monitoring, and reporting 
measures in the previous IHA are carried over to this proposed IHA and 
summarized below:
    [ssquf] Personnel Mitigation--Personnel will not enter pinniped 
haulouts. Personnel will be adjacent to pinniped haulouts below the 
predicted missile path for two hours prior to a launch only for 
monitoring purposes.
    [ssquf] Launch Mitigation--Missiles will not cross over pinniped 
haulouts at elevations less than 305 m (1,000 ft). Launches at night 
will be limited. Launches will be avoided during harbor seal pupping 
season (February through April) unless constrained by mission 
objectives. Launches will be limited during the pupping season for 
northern elephant seal (January through February) and California sea 
lion (June through July) unless constrained by mission objectives or 
certain other factors. It is vital that the Navy effectively executes 
readiness activities to ensure naval forces can effectively execute 
military operations.
    [ssquf] Aircraft Operation Mitigation--All aircraft and helicopter 
flight paths must maintain a minimum distance of 1,000 ft (305 m) from 
recognized seal haulouts and rookeries), except in emergencies.
    [ssquf] Non-Authorized Take Prohibited--If a species for which 
authorization has not been granted, or a species for which 
authorization has been granted but the authorized takes are met, the 
Navy must consult with NMFS before the next launch event.
    [ssquf] Visual and Video Camera Monitoring--The Navy proposes to 
conduct marine mammal monitoring during launches from SNI, using visual 
monitoring as well as simultaneous autonomous audio recording of launch

[[Page 23692]]

sounds and video recording of pinniped behavior. Visual monitoring, 
before and after launches, is a scan of the haulout beaches to count 
pinnipeds over a wider field of view than can be captured by a 
stationary video camera. This is typically done over a 15-30 minute 
period. Visual monitoring is conducted while the equipment is being set 
up and broken down for video and acoustic monitoring. Video monitoring 
is conducted by recording continuously from a minimum of two hours 
before the event to approximately one hour after the event. These video 
and audio records will be used to document pinniped responses to the 
launches.
    [ssquf] Acoustic Monitoring--Acoustical recordings will be obtained 
during each monitored launch. These recordings will be suitable for 
quantitative analysis of the levels and characteristics of the received 
launch sounds.
    [ssquf] Reporting--A technical report will be submitted to the 
NMFS' Office of Protected Resources within 90 days from the date the 
IHA expires. This report will provide full documentation of methods, 
results, and interpretation pertaining to all monitoring tasks for 
launches activities at SNI that are covered under this IHA.

Preliminary Determinations

    The Navy proposes target and missile launch activities identical to 
those covered in the previous IHAs. The methods of taking and effects 
of the action resulting in Level B harassment only remains the same as 
what was previously analyzed. When issuing the previous IHAs, NMFS 
found the Navy's target and missile launch activities would have a 
negligible impact to species or stocks' rates of recruitment and 
survival. This proposed IHA also carries over identical required 
mitigation, monitoring, and reporting measures as required under the 
previous IHAs. NMFS has preliminarily concluded that there is no new 
information suggesting that our analysis or findings should change from 
those reached for the previous IHAs. Based on the analysis in the 
previous IHAs, the likely effects of the specified activity on marine 
mammals and their habitat, as well as the previous monitoring results 
at SNI, NMFS likewise finds that the total marine mammal take from this 
proposed activity will have a negligible impact on all affected marine 
mammal species or stocks.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily determined the following: (1) The 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; and (3) the Navy's activities will not have 
an unmitigable adverse impact on taking for subsistence purposes as no 
relevant subsistence uses of marine mammals are implicated by this 
action, and (4) appropriate monitoring and reporting requirements are 
included.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. No incidental take of ESA-listed species is 
authorized or expected to result from this activity. Therefore, formal 
consultation under section 7 of the ESA was not required for this 
action.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the Navy for conducting target and missile launches on 
SNI, effective from June 12, 2021 through June 11, 2022, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the previous IHAs), the 
proposed authorization, and any other aspect of this notice of proposed 
IHA for the proposed target and missile launch activities on SNI. 
Please include with your comments any supporting data or literature 
citations to help inform our final decision on the request for MMPA 
authorization.

    Dated: April 29, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-09376 Filed 5-3-21; 8:45 am]
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