32372 Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Notices 

Dated: June 8, 2021. 

Delores Barber, 

Director, Information Technology and 

Resources Management Division, Office of 

Program Support. 

[FR Doc. 2021–13065 Filed 6–17–21; 4:15 am] 

BILLING CODE 6560–50–P 

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. 

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-undermarine-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/incidentaltake-authorizations-military-readinessactivities#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 


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Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Notices 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/incidentaltake-authorizations-military-readinessactivities#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

Species 

Authorized 

level B 

harassment 

Stock abundance (percent taken by level 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). 

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: 

D 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. 

D 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. 

D 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. 

D 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. 

D 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. 

D 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. 


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32374 Federal Register / Vol. 86, No. 116 / Monday, June 21, 2021 / Notices 

D 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] 

BILLING CODE 3510–22–P 


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