Notice2022-05045
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Weapons Testing at Vandenberg Space Force Base, California
Primary source
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Published
March 10, 2022
Effective
October 1, 2023
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 two consecutive IHAs to the United States Department of the Air Force (DAF) to incidentally harass, by Level B harassment only, marine mammals during two years of testing of the Long Range Cannon (LRC) system at Vandenberg Space Force Base (VSFB), California. The DAF's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).
Full Text
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<title>Federal Register, Volume 87 Issue 47 (Thursday, March 10, 2022)</title>
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[Federal Register Volume 87, Number 47 (Thursday, March 10, 2022)]
[Notices]
[Pages 13710-13717]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05045]
[[Page 13710]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB809]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Weapons Testing at Vandenberg Space
Force Base, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of two incidental harassment authorizations.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued two consecutive IHAs to the United States
Department of the Air Force (DAF) to incidentally harass, by Level B
harassment only, marine mammals during two years of testing of the Long
Range Cannon (LRC) system at Vandenberg Space Force Base (VSFB),
California. The DAF's activities are considered military readiness
activities pursuant to the MMPA, as amended by the National Defense
Authorization Act for Fiscal Year 2004 (2004 NDAA).
DATES: The Year 1 Authorization is effective from October 1, 2023 to
September 30, 2024. The Year 2 Authorization is effective from October
1, 2024 to September 30, 2025.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, 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 proposed or, if the taking is limited to harassment, a notice of a
proposed incidental harassment authorization is 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 the 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 the takings are set forth.
The 2004 NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as applied 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. The definitions of all applicable MMPA statutory
terms cited above are included in the relevant sections below.
Summary of Request
On July 15, 2021, NMFS received a request from the DAF for two
consecutive IHAs to take marine mammals incidental to LRC testing at
VSFB, California. The application was deemed adequate and complete on
November 19, 2021. The DAF's request is for take of California sea
lions, Steller sea lions, harbor seals, and northern elephant seals by
Level B harassment. Neither the DAF nor NMFS expects serious injury or
mortality to result from these activities and, therefore, IHAs are
appropriate. The issued IHAs would each cover one year of the two-year
project.
Description of Activities
Overview
The DAF is planning to conduct test activities of the LRC system at
VSFB over 2 years and requested the issuance of two consecutive one-
year IHAs. The LRC system is a multi-element, multi-phase test program
of the U.S. Army's (Army's) next-generation artillery systems. Major
components of the artillery system include the cannon, gun mount,
artillery projectile, and propelling charges. These components would be
sited at the existing deactivated Launch Facility (LF)-05 site on VSFB.
The proposed activities would include testing of the LRC by firing non-
explosive projectiles over the Pacific Ocean from the VSFB shoreline
onto and beyond the Point Mugu Sea Range (PMSR). A total of 77
projectiles are proposed to be fired over 51 test event days (39 events
in year 1 and 12 events in year 2).
A detailed description of the planned testing activities is
provided in the Federal Register notice of the proposed IHAs (87 FR
762; January 6, 2022). Since that time, no changes have been made to
the project activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specified activities.
Comments and Responses
A notice of NMFS's proposal to issue IHAs to DAF was published in
the Federal Register on January 6, 2022 (87 FR 762). That notice
described, in detail, DAF's activities, the marine mammal species that
may be affected by the activities and the anticipated effects on marine
mammals. During this period, NMFS received an informal comment from the
Marine Mammal Commission (MMC) suggesting that we revise text in the
Federal Register notice of issuance and the final issued IHAs to match
language from VSFB final rule (84 FR 14314; April 10, 2019), condition
in Sec. 217.65(b)(3)(i) to (iv) pertaining to required reporting
measures. We agreed to make this change.
Changes From the Proposed IHAs to Final IHAs
NMFS notes that changes were made from the notice of proposed IHAs
(87 FR 762; January 6, 2022) and draft IHAs to this Federal Register
notice of issuance and both issued IHAs in response to an informal
comment from the MMC. In the Proposed Monitoring and Reporting section
of the notice of proposed IHAs (87 FR 762; January 6, 2022) as well as
6(c)(iii) and (iv) in both draft IHAs, the following language
pertaining to monitoring report content was removed:
<bullet> Number, species, and any other relevant information
regarding marine mammals observed and estimated exposed/taken during
activities; and
<bullet> Description of the observed behaviors (in both presence
and absence of test activities).
The text below has been included in this Federal Register notice of
issuance
[[Page 13711]]
and in 6(c)(iii) through 6(c)(vii) of both issued IHAs:
<bullet> Number and species of pinnipeds present on the haulout
prior to commencement of cannon testing;
<bullet> Description of pinniped behavior in the absence of cannon
testing (before and after);
<bullet> Number and species of pinnipeds that may have been
harassed as noted by the number of pinnipeds estimated to have moved in
response to the source of disturbance, ranging from short withdrawals
at least twice the animal's body length to longer retreats over the
beach, or if already moving a change of direction of greater than 90
degree, or, entered the water as a result of cannon testing;
<bullet> For any pinnipeds that entered the water, the length of
time they remained off the haulout; and
<bullet> Description of behavioral modifications by pinnipeds that
were likely the result of cannon testing.
No other changes have been made to this notice or either of the
IHAs that were issued to the DAF.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history, of the potentially affected species.
Additional information regarding population trends and threats may be
found in NMFS's Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS's
website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
proposed to be authorized for this action, and summarizes information
related to the population or stock, including regulatory status under
the MMPA and Endangered Species Act (ESA) and potential biological
removal (PBR), where known. For taxonomy, we follow Committee on
Taxonomy (2021). PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS's SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species and
other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS's stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS's U.S. SARs (e.g., Carretta et al., 2021a). All values presented
in Table 2 are the most recent available at the time of publication and
are available in the 2020 U.S. Pacific SARs (Carretta et al., 2021a)
and 2021 draft Pacific and Alaska SARs (Carretta et al., 2021b, Muto et
al., 2021) available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>.
Table 1--Marine Mammal Species Potentially Present in the Project Area That May Be Affected by the Proposed Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
California sea lion............. Zalophus californianus. U.S.................... -, -, N 257,606 (n/a, 233,515, 14,011 >320
2014).
Steller sea lion................ Eumetopias jubatus..... Eastern U.S............ -, -, N 43,201 (43,201, 2017). 2,592 112
Family Phocidae (earless seals):
Harbor seal..................... Phoca vitulina California............. -, -, N 30,968 (N/A, 27,348, 1,641 43
richardsi. 2012).
Northern Elephant seal.......... Mirounga angustirostris California Breeding.... -, -, N 187,386 (N/A, 85,369, 5,122 13.7
2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
A detailed description of the species likely to be affected by the
LRC activities, including brief information regarding population trends
and threats, and information regarding local occurrence, were provided
in the Federal Register notice for the proposed IHA (87 FR 762; January
6, 2022). Since that time, we are not aware of any changes in the
status of these species and stocks; therefore, detailed descriptions
are not provided here. Please refer to that Federal Register notice for
those descriptions. Please also refer to NMFS's website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Current data indicate
[[Page 13712]]
that not all marine mammal species have equal hearing capabilities
(e.g., Richardson et al., 1995; Wartzok and Ketten, 1999). To reflect
this, Southall et al., (2007) recommended that marine mammals be
divided into functional hearing groups based on directly measured or
estimated hearing ranges on the basis of available behavioral response
data, audiograms derived using auditory evoked potential techniques,
anatomical modeling, and other data. Note that no direct measurements
of hearing ability have been successfully completed for mysticetes
(i.e., low-frequency cetaceans). A functional group for pinnipeds
exposed to sounds out of water was established with a hearing range
shown in Table 2. This is based on behavioral measurements of hearing
for several pinniped species.
Table 2--Marine Mammal Functional Hearing Group for Pinnipeds (in Air)
and Its Generalized Hearing Range
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Pinnipeds (in air)........................ 75 Hz to 30 kHz.
------------------------------------------------------------------------
* Southall et al., 2007.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of testing activities have the potential to result in
behavioral harassment of marine mammals in the vicinity of the study
area. The Federal Register notice for the proposed IHAs (87 FR 762;
January 6, 2022) included a discussion of the effects of anthropogenic
noise on marine mammals and their habitat, therefore that information
is not repeated here; please refer to the Federal Register notice (87
FR 762; January 6, 2022) for that information.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform NMFS' negligible impact
analysis and determination.
Harassment is the only type of take expected to result from these
activities. For this military readiness activity, the MMPA defines
``harassment'' as (i) Any act that injures or has the significant
potential to injure a marine mammal or marine mammal stock in the wild
(Level A harassment); or (ii) Any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not limited
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to
a point where the behavioral patterns are abandoned or significantly
altered (Level B harassment).
Authorized takes would be by Level B harassment only, in the form
of disruption of behavioral patterns for individual marine mammals
resulting from exposure to airborne sounds from cannon fire and sonic
booms. Based on the nature of the activity, Level A harassment and
Level B harassment in the form of TTS are neither anticipated nor
proposed to be authorized.
As described previously, no mortality is anticipated or authorized
for this activity. Below we describe how the take is estimated.
Generally speaking, we estimate take by considering: (1) Acoustic
thresholds above which NMFS believes the best available science
indicates marine mammals will be behaviorally harassed or incur some
degree of permanent hearing impairment; (2) the area that will be
ensonified above these levels in a day; (3) the density or occurrence
of marine mammals within these ensonified areas; and, (4) the number of
days of activities. We note that while these basic factors can
contribute to a basic calculation to provide an initial prediction of
takes, additional information that can qualitatively inform take
estimates is also sometimes available (e.g., previous monitoring
results or average group size). Below, we describe the factors
considered here in more detail and present the proposed take estimate.
Acoustic Thresholds
Though significantly driven by received level, the onset of
behavioral disturbance from anthropogenic noise exposure is also
informed to varying degrees by other factors related to the source
(e.g., frequency, predictability, duty cycle), the environment (e.g.,
bathymetry), and the receiving animals (hearing, motivation,
experience, demography, behavioral context) and can be difficult to
predict (Southall et al., 2007, Ellison et al., 2012). Based on what
the available science indicates and the practical need to use a
threshold based on a factor that is both predictable and measurable for
most activities, NMFS uses a generalized acoustic threshold based on
received level to estimate the onset of behavioral harassment.
Generally, for in-air sounds, NMFS predicts that harbor seals exposed
above received levels of 90 dB re 20 micropascal ([mu]Pa) root mean
square (rms) will be behaviorally harassed, and other pinnipeds will be
harassed when exposed above 100 dB re 20 [mu]Pa (rms). However, more
recent data suggest that pinnipeds will be harassed when exposure is
above 100 dB Sound Exposure Level (SEL) (unweighted) (Criteria and
Thresholds for U.S. Navy Acoustic and Explosive Effects Analysis (Phase
III) Technical Report (U.S. Department of the Navy, 2017)) as shown in
Table 3. NMFS helped develop the Phase III criteria and previously used
this threshold for the SNI, PMSR incidental harassment authorization
(84 FR 28,462; June 19, 2019). Therefore, NMFS is using 100 dB re 20
[mu]Pa2s SEL (unweighted) here.
Table 3--Behavioral Threshold for Impulsive Sound for Pinnipeds
------------------------------------------------------------------------
Level B harassment by
Species behavior disturbance
threshold
------------------------------------------------------------------------
All pinniped species (in-air)............. 100 dB re 20 [mu]Pa2s SEL
(unweighted).
------------------------------------------------------------------------
Each time the LRC is fired it would generate blast noise from the
cannon firing and a nearly simultaneous sonic boom from the projectile
as it travels along its flight path. The blast noise can be described
as an overpressure, and would be highest in the immediate vicinity of
the cannon and dissipate with distance from the LF-05 site. The sound
from the cannon fire and blast and the sonic boom would reach the beach
nearly simultaneously, and the two sounds would be indistinguishable to
pinnipeds on the beach or just offshore.
Table 4--TTS/PTS In-Air Thresholds for Pinnipeds In-Air
----------------------------------------------------------------------------------------------------------------
Impulsive
---------------------------------------------------------------
Group TTS threshold TTS threshold PTS threshold PTS threshold
SEL peak SPL SEL peak SPL
(weighted) (unweighted) (weighted) (unweighted)
----------------------------------------------------------------------------------------------------------------
All other Pinnipeds............................. 146 170 161 176
[[Page 13713]]
Harbor seals.................................... 123 155 138 161
----------------------------------------------------------------------------------------------------------------
The in-air Sound Pressure Level (SPL) generated by the combined
cannon blast and sonic boom is likely only to exceed the temporary
threshold shift (TTS) threshold (155 dB re 20 [mu]Pa) shown in Table 4
onshore directly west of LF-05. The 155 dB re 20 [mu]Pa threshold only
applies to harbor seals. The TTS threshold for all other pinnipeds is
170 dB re 20 [mu]Pa as shown in Table 4 which is well above calculated
in-air sound levels. This area consists of approximately 0.15 km of
rocky shoreline and 0.20 km of narrow sandy beach, with an approximate
maximum of 150 feet (46 meters) of dry sand at low tides, comprising
the northern tip of Minuteman Beach. Three pinniped species (California
sea lion, northern elephant seal, and Pacific harbor seal) could
potentially utilize this location. However, observations of live
pinnipeds on Minuteman Beach are very infrequent and have been limited
to only California sea lions, and appear coincident with elevated
concentrations of domoic acid (red tide) in nearshore waters (Evans
2020). Harbor seals have never been observed at this location. Because
of their rare occurrence on Minuteman Beach and the lack of documented
use of the coastal strand area between LF-05 and Minuteman Beach, it is
very unlikely that any marine mammals, including harbor seals, would be
present in that portion of the Project Area. In summary, and based on
this analysis, TTS effects would be very unlikely for harbor seals and
discountable for all other pinniped species. In addition, no PTS or
other direct injury to pinnipeds is anticipated from in-air noise
caused by LRC testing activities.
The nearest pinniped haulout from LF-05 is Lion's Head, which is
approximately 0.5 km distant and is used by harbor seals. California
sea lions could also use this location but have not been observed in
the past 6 years of monthly counts performed by the DAF (U.S. Air Force
2020; Evans 2020). The maximum in-air SPL received at Lion's Head from
the cannon blast is predicted to be 148 dB re 20 [mu]Pa (See Figure 6-1
in application), and the SPL from the sonic boom is predicted to be 8.5
psf (146.2 dB re 20 [mu]Pa; Figure 6-2 in application). The combined
SPL received on the beach at Lion's Head, assuming noise from both
sources arrived simultaneously, would be 150.2 dB re 20 [mu]Pa
(calculated as described in the previous section).This total SPL is
less than the TTS threshold for all pinniped hearing groups.
Marine Mammal Occurrence and Take Estimation
To conservatively estimate the number of pinnipeds that would
potentially be exposed to noise levels above the Level B harassment
behavioral threshold during test events, the analysis considered the
maximum number of pinnipeds observed at haulouts within the predicted
100 dB re 20 [micro]Pa\2\sec or greater SEL. The furthest haulout
within this area is Lion Rock. Therefore, pinnipeds observed at the
Lion Rock haulout were included to estimate the numbers of pinnipeds
exposed during each test event day. During Test 1, the cannon will be
fired multiple times per day. Because the analysis assumes all hauled-
out pinnipeds would react to the initial noise by either an alert
reaction, reorienting their position on land, or leaving the haulout
and returning to the water, multiple cannon blasts in succession would
result in only one take for each individual on a given day. A total of
35 firing events would occur during the test event which uses only
Projectile A. Ten tests would occur during the weeks 1 and 2 and the
remaining 25 tests would occur over the course of 13 test days during
weeks 3 through 5. Similarly, for Test 2 one Projectile A and one
Projectile B would be fired on each of 3 days during a 2-week period.
For Tests 1, 2, and 3 one Projectile A and one Projectile C would be
fired on each of 6 test days over a 2-week period. Over the entire
testing period (from calendar year 2023 through 2025) there will be a
total of 51 days when test events would produce in-air noise at levels
that could potentially result in take of pinnipeds by Level B
harassment.
Estimated take of California sea lions by Level B harassment was
calculated by taking the highest number of individuals (n = 883)
observed on a single day during the three most recent aerial surveys
(2013, 2016, 2017) of Lion Rock multiplied by the number of days (39
for year 1 and 12 for year 2) over which each test event would occur.
Surveys were performed by NMFS (NMFS 2020b). The total number of
exposures to in-air noise from the proposed testing would result in an
estimated 34,437 takes by Level B harassment during Year 1 and 10,596
takes by Level B harassment during Year 2 (Table 6, Table 7). Therefore
the DAF requested, and NMFS has authorized this amount of Level B
harassment by behavioral disruption for the Year 1 and Year 2 IHAs,
respectively.
The DAF estimated take by Level B harassment by assuming that the
number of Steller sea lions (n = 3) observed once at Lion Rock in
October 2017 could occur during each day of testing. The total number
of exposures to in-air noise from the proposed testing would result in
an estimated 117 takes by Level B harassment in Year 1 and 36 takes by
Level B harassment in Year 2. The DAF requested and NMFS has authorized
117 takes during Year 1 and 36 takes during Year 2 by Level B
harassment from behavioral disruption, as shown in Table 5 and Table 6.
Take of harbor seals was calculated by taking the highest number
observed hauled out at Little Sal (n = 10) and Lion's Head (n = 9)
during monthly counts in 2019 and 2020 (U.S. Air Force 2020, In Prep.),
resulting in a total of 19 harbor seals for each test event. This
resulted in an estimate of 741 takes in Year 1 and 228 takes in Year 2
by Level B harassment. Therefore, the DAF requested and NMFS has
authorized 741 takes during Year 1 and 228 takes during Year 2 by Level
B harassment from behavioral disruption (Table 5, Table 6).
Northern elephant seals have not been observed hauled out at any
locations within the project area in which Level B harassment could
occur. However, overall numbers have been increasing on VSFB over the
past decade (U.S. Air Force 2020), and it is possible that northern
elephant seals may begin to occupy areas where they have not previously
been observed. The DAF conservatively assumed that one
[[Page 13714]]
northern elephant seal may be exposed to in-air noise resulting in
behavioral disturbance during each test event. Therefore, NMFS has
authorized 39 takes during Year 1 and 12 takes during Year 2 by Level B
harassment from behavioral disruption (Table 5, Table 6).
Table 5--Estimated Takes by Level B Harassment by Test Event and Test Schedule
----------------------------------------------------------------------------------------------------------------
Test dates IHA year 1 IHA year 2
----------------------------------------------------------------------------------------------------------------
Test event 1 2 3 4 5
----------------------------------------------------------------------------------------------------------------
California sea lion............. 26,490 2,649 5,298 5,298 5,298
Steller sea lion................ 90 9 18 18 18
Harbor seal..................... 570 57 114 114 114
Northern elephant seal.......... 30 3 6 6 6
-------------------------------------------------------------------------------
All......................... 27,180 2,718 5,436 5,436 5,436
----------------------------------------------------------------------------------------------------------------
Table 6--Level B Harassment Take Estimates by Year
------------------------------------------------------------------------
Estimated Estimated
number of number of
Species Level B Level B
harassment harassment
events year 1 events year 2
------------------------------------------------------------------------
California Sea lion..................... 34,437 10,596
Steller sea lion........................ 117 36
Harbor seal............................. 741 228
Northern elephant seal.................. 39 12
------------------------------------------------------------------------
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)). The NDAA for FY 2004 amended the MMPA as it relates to
military readiness activities and the incidental take authorization
process such that ``least practicable impact'' shall include
consideration of personnel safety, practicality of implementation, and
impact on the effectiveness of the military readiness activity.
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned) and the likelihood of effective implementation (probability
implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
The DAF must employ Protected Species Observers (PSOs) at
established monitoring locations as described in the Monitoring and
Reporting section. PSOs must monitor the project area to the maximum
extent possible based on the required number of PSOs, required
monitoring locations, and environmental conditions.
The DAF, when practicable, would perform LRC test activities when
tides are greater than 1.0 foot (0.3 m). This is when haulouts tend to
be unoccupied by pinnipeds and would reduce the number of exposures.
To prevent unauthorized take of marine mammals, test activities
must be halted upon observation of either a species for which
incidental take is not authorized or a species for which incidental
take has been authorized but the authorized number of takes has been
met.
Based on our evaluation of the applicant's planned measures, NMFS
has determined that the proposed mitigation measures provide the means
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the
[[Page 13715]]
most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density).
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas).
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors.
<bullet> How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks.
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat).
<bullet> Mitigation and monitoring effectiveness.
Visual Monitoring and Recording
PSOs must commence monitoring at Lion's Head, Little Sal, northern
end of Minuteman Beach (beach between Minuteman Beach parking area and
LF-05), and Lion Rock at least 72 hours prior to LRC test events and
continue until at least 48 hours after each event. PSO's will be
stationed at locations offering the best possible view of individual
haulout sites. During each daily monitoring effort, surveys (counts
with binoculars and spotting scopes, if necessary) will be conducted
hourly for 6 hours (6 counts per day) centered around the late morning
or afternoon low tides as much as possible. Monitors will record
species; number of animals hauled out; general behavior; presence of
pups; age class; and gender. Environmental conditions will also be
monitored including tide, wind speed, air temperature, and swell.
PSOs cannot be present to survey Little Sal and Lion's Head when
live cannon fire is underway for safety purposes, therefore, video
recording of pinnipeds would be conducted during live fire testing in
order to record any reaction to the blast noise and sonic boom. Lion
Rock is approximately 0.25 mi (0.4 km) from the closest observation
location and only half of the offshore rock is visible from land so it
may be monitored via drone rather than traditional survey methods
(spotting scopes and binoculars). The DAF would prefer to use a drone
so that the entire rock can be observed. However, if DAF is unable to
secure necessary permits, protected species observers (PSOs) would use
a spotting scope to observe reactions during test events as an
alternative.
Reporting
Technical reports will be submitted to the NMFS' Office of
Protected Resources within 90 days from the date that each IHA expires.
This report will provide full documentation of methods, results, and
interpretation pertaining to LRC testing activities covered under these
proposed IHAs.
The DAF will submit reports that include:
<bullet> Summary of test activities (dates and times);
<bullet> Summary of mitigation and monitoring measures implemented;
<bullet> Number and species of pinnipeds present on the haulout
prior to commencement of cannon testing;
<bullet> Description of pinniped behavior in the absence of cannon
testing (before and after);
<bullet> Number and species of pinnipeds that may have been
harassed as noted by the number of pinnipeds estimated to have moved in
response to the source of disturbance, ranging from short withdrawals
at least twice the animal's body length to longer retreats over the
beach, or if already moving a change of direction of greater than 90
degree, or, entered the water as a result of cannon testing;
<bullet> For any pinnipeds that entered the water, the length of
time they remained off the haulout;
<bullet> Description of behavioral modifications by pinnipeds that
were likely the result of cannon testing;
<bullet> Environmental conditions when observations were made
including visibility, air temperature, clouds, wind speed and
direction, tides, and swell height and direction; and
<bullet> Assessment of the implementation and effectiveness of
mitigation and monitoring measures.
If a dead or seriously injured pinniped is found during post-firing
monitoring, the incident must be reported to the NMFS Office of
Protected Resources and NMFS West Coast Regional Stranding Coordinator
immediately. In the unanticipated event that any cases of pinniped
mortality are judged to result from LRC testing activities at any time
during the period covered by these IHAs, this will be reported to NMFS
and the West Coast Stranding Coordinator. The report must include the
following information:
1. Time and date of the incident;
2. Description of the incident;
3. Environmental conditions (e.g., wind speed and direction, cloud
cover, and visibility);
4. Description of all marine mammal observations and active sound
source use in the 24 hours preceding the incident;
5. Species identification or description of the animal(s) involved;
6. Fate of the animal(s); and
7. Photographs or video footage of the animal(s).
Testing activities must not resume until NMFS is able to review the
circumstances of the prohibited take. If it is determined that the
unauthorized take was caused by LRC activities, NMFS will work with the
Holder to determine what measures are necessary to minimize the
likelihood of further prohibited take and ensure MMPA compliance. The
DAF may not resume their activities until notified by NMFS.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact 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 (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29,
[[Page 13716]]
1989), the impacts from other past and ongoing anthropogenic activities
are incorporated into this analysis via their impacts on the
environmental baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, the discussion of our analyses applies to all
the species listed in Table 6, given that the anticipated effects of
this activity on these different marine mammal species are expected to
be similar. Activities associated with the proposed activities, as
outlined previously, have the potential to disturb or displace marine
mammals.
The specified activities may result in take, in the form of Level B
harassment (behavioral disturbance) only, from airborne sounds
associated with LRC fire and accompanying sonic booms. Based on the
best available information, including monitoring reports from similar
activities (i.e., sonic booms) at VSFB and nearby launch facilities,
behavioral responses will likely be limited to reactions such as
alerting to the noise, with some animals possibly moving toward or
entering the water, depending on the species and the intensity of the
cannon fire and sonic booms. Repeated exposures of individuals to
levels of sound that may cause Level B harassment are unlikely to
result in TTS or PTS. Thresholds for PTS are higher than modeled sound
levels across the entirety of the Project Area, and thresholds would
not be exceeded or significantly disrupt foraging behavior. Thus, even
repeated instances of Level B harassment of some small subset of an
overall stock is unlikely to result in any significant realized
decrease in fitness to those individuals, and thus would not result in
any adverse impact to the stock as a whole.
If a marine mammal responds to a stimulus by changing its behavior
(e.g., through relatively minor changes in locomotion direction/speed),
the response may or may not constitute taking at the individual level,
and is unlikely to affect the stock or the species as a whole. However,
if a sound source displaces marine mammals from an important feeding or
breeding area for a prolonged period, impacts on animals or on the
stock or species could potentially be significant (e.g., Lusseau and
Bejder, 2007; Weilgart, 2007). Flushing of pinnipeds into the water has
the potential to result in mother-pup separation, or could result in a
stampede, either of which could potentially result in serious injury or
mortality. However, even in the instances of pinnipeds being
behaviorally disturbed by cannon fire and associated sonic booms at
VSFB and nearby launch facilities no evidence has been presented of
abnormal behavior, injuries or mortalities, or pup abandonment as a
result of sonic booms. These findings came as a result of more than two
decades of surveys at VSFB. Post missile-launch monitoring generally
reveals a return to normal behavioral patterns within minutes up to an
hour or two of each launch, regardless of species (SAIC 2012).
Therefore, in-air sound associated with canon firing and associated
sonic booms is not expected to impact reproductive rates or population
levels of affected species.
We do not anticipate that the proposed activities would result in
any temporary or permanent effects on the habitats used by the marine
mammals in the proposed area, including the food sources they use
(i.e., fish and invertebrates) since underwater sound levels would not
affect prey species.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stocks through
effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> No impacts to cetaceans are anticipated;
<bullet> No impacts in the form of TTS or PTS are expected or
authorized;
<bullet> The anticipated incidences of Level B harassment are
expected to consist of, at worst, temporary modifications in behavior
(i.e., short distance movements and occasional flushing into the
water), which are not expected to adversely affect the fitness of any
individuals or populations;
<bullet> The proposed activities are expected to result in no long-
term changes in the use by pinnipeds of haulouts in the project area,
based on over 20 years of monitoring data;
<bullet> No impacts to marine mammal habitat/prey are expected; and
<bullet> The expected efficacy of planned mitigation measures in
reducing the effects of the specified activity to the level of least
practicable adverse impact.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS finds that for both the Year 1 IHA and the
Year 2 IHA the total marine mammal take from the proposed activity will
have a negligible impact on all affected marine mammal species or
stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
Endangered Species Act
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. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
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 39 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 determined
that the issuance of the proposed IHAs qualifies to be categorically
excluded from further NEPA review
Authorizations
As a result of these determinations, NMFS has issued two distinct
and consecutive one-year IHAs to the
[[Page 13717]]
Department of the Air Force for conducting Long Range Cannon testing at
Vandenberg Space Force Base, California from October 1, 2023 to
September 30, 2024 (Year 1) and from October 1, 2024 to September 30,
2025 (Year 2) provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated.
Dated: March 3, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-05045 Filed 3-9-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 10, 2022.
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