Notice2021-13075
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
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2021
Effective
June 12, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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).
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<title>Federal Register, Volume 86 Issue 116 (Monday, June 21, 2021)</title>
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[Federal Register Volume 86, Number 116 (Monday, June 21, 2021)]
[Notices]
[Pages 32372-32374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. 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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations</a>. 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 <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations</a>. 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
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Authorized Stock abundance
Species level B (percent taken by level
harassment B 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 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]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 21, 2021.
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