[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Notices]
[Pages 32372-32374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13075]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB160]


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; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the U.S. Navy (Navy) to incidentally harass, by Level B harassment 
only, marine mammals during target and missile launch activities on San 
Nicolas Island (SNI), California. 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: This Authorization is effective from June 12, 2021 through June 
11, 2022.

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.

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 
authorized 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 IHA would cover 1 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 is valid for one year from June 12, 2021 through 
June 11, 2022.

Description of the Planned Activity and Anticipated Impacts

    The Navy plans 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 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

[[Page 32373]]

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 only, primarily in the form of behavioral 
disturbance, as a result of the airborne noise produced during launch 
activities.
    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) 
as a detailed description of the planned 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. 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.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to the Navy was 
published in the Federal Register on May 4, 2021 (86 FR 23690). That 
notice described the Navy's activity, the marine mammal species that 
may be affected by the activity, and the anticipated effects on marine 
mammals. No comments were received during the public comment period.

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 
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 was 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 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 this 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. The authorized 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 or 
authorized for the Navy's activity.

Table 1--Requested Take Amount, Per Species, Relative to Population Size
------------------------------------------------------------------------
                                   Authorized        Stock abundance
            Species                  level B     (percent taken by level
                                   harassment         B harassment)
------------------------------------------------------------------------
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 Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures 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 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 
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.

[[Page 32374]]

    [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.

Determinations

    The Navy planned 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 IHA also carries over identical mitigation, monitoring, 
and reporting measures as required under the previous IHAs. NMFS has 
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 planned 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 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 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.

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 action (i.e., the issuance of an incidental 
harassment authorization) with respect to potential impacts on the 
human environment. This action is consistent with categories of 
activities identified in Categorical Exclusion B4 (incidental 
harassment authorizations 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 determined 
that the issuance of the IHA qualifies to be categorically excluded 
from further NEPA review.

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.

Authorization

    As a result of these determinations, NMFS authorizes an IHA to the 
Navy for conducting target and missile launches on SNI, effective from 
June 12, 2021 through June 11, 2022, with the previously mentioned 
mitigation, monitoring, and reporting requirements incorporated.

    Dated: June 16, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2021-13075 Filed 6-17-21; 4:15 am]
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