Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Renewal of U.S. Navy Target and Missile Launch Activities on San Nicolas Island, 33124-33129 [2020-11719]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 105 (Monday, June 1, 2020)]
[Notices]
[Pages 33124-33129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA169]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to the Renewal of 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; request for comments on proposed Renewal incidental 
harassment authorization.

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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for the 
Renewal of their currently active incidental harassment authorization 
(IHA) to take marine mammals incidental to target and missile launch 
activities on San Nicolas Island (SNI). These activities are identical 
to those covered in the current authorization. Pursuant to the Marine 
Mammal Protection Act, prior to issuing the currently active IHA, NMFS 
requested comments on both the proposed IHA and the potential for 
renewing the initial authorization if certain requirements were 
satisfied. The Renewal requirements have been satisfied, and NMFS is 
now providing an additional 15-day comment period to allow for any 
additional comments on the proposed Renewal not previously provided 
during the initial 30-day comment period. The Navy's activities are 
considered military readiness activities pursuant to the Marine Mammal 
Protection Act (MMPA), as amended by the National Defense Authorization 
Act for Fiscal Year 2004 (NDAA).

DATES: Comments and information must be received no later than June 16, 
2020.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Physical comments should be sent to 
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments 
should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. All comments received are a part of the 
public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Bonnie DeJoseph, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, Renewal request, 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 Marine Mammal Protection Act (MMPA) prohibits the ``take'' of 
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) 
of the

[[Page 33125]]

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 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 such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed one year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a Renewal for this activity, and 
requested public comment on a potential Renewal under those 
circumstances. Specifically, on a case-by-case basis, NMFS may issue a 
one-year Renewal IHA following notice to the public providing an 
additional 15 days for public comments when (1) up to another year of 
identical, or nearly identical, activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of the notice is planned or (2) the activities as described in the 
Description of the Specified Activities and Anticipated Impacts section 
of the notice would not be completed by the time the IHA expires and a 
Renewal would allow for completion of the activities beyond that 
described in the Dates and Duration section of the notice, provided all 
of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to the needed Renewal IHA effective date (recognizing that the 
Renewal IHA expiration date cannot extend beyond one year from 
expiration of the initial IHA).
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested Renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take).
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    Upon review of the request for Renewal, the status of the affected 
species or stocks, and any other pertinent information, NMFS determines 
that there are no more than minor changes in the activities, the 
mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. A description of the Renewal process 
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any 
comments received on the potential Renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA Renewal, and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested Renewal, and agency responses will be 
summarized in the final notice of our decision.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals is being requested addressed here qualifies as a military 
readiness activity.

National Environmental Policy Act

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

History of Request

    On June 19, 2019, NMFS issued an IHA to the Navy to take marine 
mammals incidental to U.S. Navy Target and Missile Launch Activities on 
San Nicolas Island, California (84 FR 28462; June 19, 2019), effective 
from June 12, 2019 through June 11, 2020. On April 14, 2020, NMFS 
received an application for the Renewal of that initial IHA. As 
described in the application for Renewal IHA, the activities for which 
incidental take is requested are identical. As required, the applicant 
also provided a preliminary monitoring report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-us-navy-target-and-missile-launch-activities-san-nicolas-0) which confirms that 
the applicant has implemented the required mitigation and monitoring, 
and which also shows that no impacts of a scale or nature not 
previously analyzed or authorized have occurred as a result of the 
activities conducted.

Description of the Specified Activities and Anticipated Impacts

    The Navy proposes to continue a target and missile launch program 
from two launch sites on SNI. 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. The Navy proposes to conduct a maximum of 40 missile 
launch events from SNI, but the total may be less than 40 depending on

[[Page 33126]]

operational requirements. No more than 25 launches have occurred in any 
single year since 2001 (Table 1).

 Table 1--The Total Number of Launches That Have Occurred Since 2001 at
                                   SNI
------------------------------------------------------------------------
                                                               Number of
                         Time period                           launches
------------------------------------------------------------------------
August 2001 to October 2005.................................          69
February 2006 to December 2009..............................          11
January 2010 to December 2014...............................          36
December 2015 to November 2018..............................          30
June 2019 to March 2020.....................................          12
------------------------------------------------------------------------

    Launch timing will be determined by operational, meteorological, 
and logistical factors. Up to 10 of the 40 launches may occur at night; 
night launches are also dependent on operational requirements and will 
only be conducted when required by test objectives. These proposed 
activities are identical to those in the Initial IHA and are described 
in detail in the Initial Proposed IHA (84 FR 18809; May 2, 2019).
    Anticipated impacts, which would consist of Level B harassment of 
marine mammals, would also be identical to those analyzed and 
authorized in the Initial IHA (84 FR 28462; June 19, 2019). The Navy's 
request is for take of California sea lions (Zalophus californianus), 
harbor seals (Phoca vitulina), and northern elephant seals (Mirounga 
angustirostris) by Level B harassment only. All flights over SNI would 
be subsonic; therefore, there would be no sonic booms that could affect 
pinnipeds hauled out at sites on SNI. Neither Navy nor NMFS expects 
serious injury or mortality to result from this activity.

Detailed Description of the Activity

    A detailed description of the target and missile launch activities 
for which take is proposed here may be found in the Notices of the 
Proposed and Final IHAs for the initial authorization. The location, 
timing, and nature of the activities, including the types of equipment 
planned for use, are identical to those described in the previous 
notices. The proposed Renewal would be effective for a period of one 
year from the date of issuance.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Notices of the Proposed and Final IHAs for the initial authorization. 
NMFS has reviewed the monitoring data from the initial IHA, recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and other scientific literature, and determined that 
neither this nor any other new information affects which species or 
stocks have the potential to be affected or the pertinent information 
in the Description of the Marine Mammals in the Area of Specified 
Activities section contained in the supporting documents for the 
initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
proposed here may be found in the Notices of the Proposed IHA for the 
initial authorization. NMFS has reviewed the monitoring data from the 
initial IHA, recent draft Stock Assessment Reports, information on 
relevant Unusual Mortality Events, and other scientific literature, and 
determined that neither this nor any other new information affects our 
initial analysis of impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity are found in the Notices of the 
Proposed and Final IHAs for the initial authorization. Specifically, 
the source levels, days of operation, and marine mammal occurrence data 
applicable to this authorization remain unchanged from the previously 
issued IHA. Further, the 2019 monitoring data received from the Navy 
suggests that the actual number of marine mammals taken during the Navy 
launches remained well under the number authorized in the initial IHA 
and proposed in this Renewal IHA. The stocks taken, methods of take, 
and types of take remain unchanged from the previously issued IHA, as 
do the number of takes, which are indicated below in Table 2.

     Table 2--Proposed Level B Harassment Take for Pinnipeds on SNI
------------------------------------------------------------------------
                                                      Percent of stock
                                                     abundance taken by
                                     Authorized      Level B harassment
             Species                   Level B         (assuming each
                                     harassment    instance is different
                                                        individual)
------------------------------------------------------------------------
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 Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register Notice announcing the issuance of the 
initial IHA, and the discussion of the least practicable adverse impact 
included in that document remains accurate. The following measures are 
proposed for this renewal:

Proposed Mitigation

Operation Restrictions

    Personnel must not enter pinniped haulouts. Personnel may be 
adjacent to pinniped haulouts prior to and following a launch for 
monitoring purposes. All aircraft and helicopter flight paths must 
maintain a minimum distance of 305 meters (m) from recognized seal 
haulouts and rookeries, to the maximum extent practicable. Missiles 
must not cross over pinniped haulouts at elevations less than 305 m 
(1,000 ft).
    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.
    The Navy must review the launch procedure and monitoring methods, 
in cooperation with NMFS, if any incidents of injury or mortality of a 
pinniped are discovered during post-launch surveys, or if surveys 
indicate possible effects to the distribution, size, or productivity of 
the affected pinniped populations as a result of the specified

[[Page 33127]]

activities. If necessary, appropriate changes must be made through 
modification to this Authorization prior to conducting the next launch 
of the same vehicle.

Timing Restrictions

    The Navy may not conduct more than 10 launch events at night. 
Launches must not occur during February through April, to the maximum 
extent practicable. Launches must be limited during January through 
February and June through July, to the maximum extent practicable.

Proposed Monitoring Measures

    The Navy must obtain visual, video and audio, and acoustic data 
from up to three pinniped haulout monitoring sites during each launch 
event, to the maximum extent practicable. The holder of this IHA is 
required to abide by the following marine mammal and acoustic 
monitoring requirements:

Visual Monitoring

    Marine mammal monitoring must be conducted by qualified, trained 
protected species observers. The following visual monitoring measures 
will be conducted during preparations for video and acoustic 
monitoring, as described in Video and Audio Monitoring section below: 
(1) Visual monitoring must be conducted before and after launches, 
including scanning the affected haulout beaches and counting the number 
and species of pinnipeds over a 15-30 minute period; (2) Prior to a 
launch event, Navy personnel must make observations of the monitored 
pinniped haulout and record the numbers and species of pinnipeds 
observed on field data sheets; and (3) After a launch event, Navy 
personnel must return to the monitored pinniped haulout and record the 
numbers and species of pinnipeds that remain on the haulout sites and 
any notable changes.

Video and Audio Monitoring

    Before each launch, Navy personnel must set up or activate up to 
three video cameras (either high-definition video cameras, or Forward-
Looking Infrared Radiometer (FLIR) thermal imaging cameras for night 
launch events) such that they overlook the monitoring sites. Each 
camera will be set to record a focal group of pinnipeds within the 
haulout for the maximum recording time permitted by the camera 
capacity. Video and audio monitoring must be conducted by recording 
continuously from a minimum of two hours before the event to 
approximately one hour after the event in order to:
    Determine the composition of the focal subgroup of pinnipeds 
(approximate numbers and sexes of each age class).
    Describe the launch event, including documenting the occurrence of 
a launch event, the type of target/missile launched, the timing of the 
event, and duration of audibility.
    Document movements of pinnipeds, including number and proportion 
moving, direction and distance moved, and pace of movement (slow or 
vigorous). In addition, the following variables concerning the 
circumstances of the observations must also be recorded from the 
videotape or from direct observations at the site:
    1. Study location,
    2. Local time,
    3. Weather (including an estimate of wind strength and direction, 
and presence of precipitation), and
    4. Tide state.
    Identify and document any change in behavior or movements of 
pinnipeds that occurs at the time of the launch event.
    Compare received levels of launch sound with pinniped responses, 
based on acoustic and behavioral data from up to three monitoring sites 
at different distances from the launch site and missile path during 
each launch; from the data accumulated across a series of launches, to 
attempt to establish the ``dose-response'' relationship for launch 
sounds under different launch conditions if possible.
    Ascertain periods or launch conditions when pinnipeds are most and 
least responsive to launch activities. Lastly, document take by 
harassment: (1) Pinnipeds that are exposed to launch sounds strong 
enough to cause a temporary threshold shift (TTS); or (2) Pinnipeds 
that leave the haulout site, or exhibit prolonged movement (greater 
than 10 m) or prolonged behavioral changes (such as pups separated from 
mothers) relative to their behavior immediately prior to the launch.

Acoustic Monitoring

    The Navy must use up to four autonomous audio recorders to make 
acoustical measurements. During each launch, these must be located as 
close as practicable to pinniped haulout monitoring sites and near the 
launch pad itself. The monitored pinniped haulout sites must typically 
include one site as close as possible to the missile's planned flight 
path and one or two locations farther from the flight path within the 
area of potential impact with pinnipeds present. Autonomous Terrestrial 
Acoustic Recorders must be deployed at the recording locations on the 
launch day well before the launch time, and must be retrieved later the 
same day. Acoustic measurements must be collected and reported 
consistent with section 13.2 of the Navy's application.

Reporting

    A draft report on all monitoring conducted under the IHA must be 
submitted within 90 calendar days of the completion of marine mammal 
and acoustic monitoring or 60 days prior to the issuance of any 
subsequent IHA or incidental take regulations for this project, 
whichever comes first. A final report must be prepared and submitted 
within 30 days following resolution of comments on the draft report 
from NMFS. This report must contain the informational elements 
described in Section 5 of the Authorization.

Reporting Injured or Dead Marine Mammals

    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as serious injury, or mortality, the Navy must immediately cease 
the specified activities and report the incident to the NMFS Office of 
Protected Resources (301-427-8401) and the West Coast Stranding 
Coordinator (562-980-3230). 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).
    Activities must not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with the Navy to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The Navy may not 
resume their activities until notified by NMFS.
    In the event the Navy discovers an injured or dead marine mammal, 
and the lead observer determines that the cause of the injury or death 
is unknown and the death is relatively recent (e.g., in less than a 
moderate state of decomposition), the Navy must immediately report the 
incident to the Office of Protected Resources, NMFS,

[[Page 33128]]

and the West Coast Region Stranding Coordinator, NMFS. The report must 
include the same information identified in 6(b)(i) of this IHA. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with the Navy to determine whether additional 
mitigation measures or modifications to the activities are appropriate.
    In the event that the Navy discovers an injured or dead large whale 
or other cetaceans, and the lead observer determines that the injury or 
death is not associated with or related to the specified activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the Navy must report the incident 
to the Office of Protected Resources, NMFS, and the West Coast Region 
Stranding Coordinator, NMFS, within 24 hours of the discovery.
    This Authorization may be modified, suspended or withdrawn if the 
holder fails to abide by the conditions prescribed herein, or if NMFS 
determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Public Comments

    As noted previously, NMFS published a notice of a proposed IHA (84 
FR 18809; May 2, 2019) and solicited public comments on both our 
proposal to issue the initial IHA for target and missile launch 
activities and on the potential for a Renewal IHA, should certain 
requirements be met.
    All public comments were addressed in the notice announcing the 
issuance of the initial IHA (84 FR 28462; June 19, 2019). Below, we 
describe how we have addressed, with updated information where 
appropriate, any comments received that specifically pertain to the 
Renewal of the 2019 IHA.
    Comment: The Marine Mammal Commission (the Commission) questioned 
whether the public notice provisions for IHA Renewals fully satisfy the 
public notice and comment provision in the MMPA and discussed the 
potential burden on reviewers of reviewing key documents and developing 
comments quickly. Additionally, the Commission recommended that NMFS 
use the IHA Renewal process sparingly and selectively for activities 
expected to have the lowest levels of impacts to marine mammals and 
that require less complex analysis.
    Response: The Commission has submitted this comment multiple times, 
and NMFS has responded multiple times, including, for example, more 
recently in the notice of issuance of an IHA to [Oslash]rsted Wind 
Power LLC (84 FR 52464, October 2, 2019), and we refer the Commission 
to that response. We also include NMFS' original response to the 
comment received on the 2019 Chevron proposed IHA here:
    NMFS has taken a number of steps to ensure the public has adequate 
notice, time, and information to be able to comment effectively on 
Renewal IHAs within the limitations of processing IHA applications 
efficiently. Federal Register notices for the proposed initial IHAs 
identified the conditions under which a one-year Renewal IHA might be 
appropriate. This information is presented in the Request for Public 
Comments section and thus encourages submission of comments on the 
potential of a one-year renewal as well as the initial IHA during the 
30-day comment period. In addition, when we receive an application for 
a Renewal IHA, we will publish notice of the proposed IHA Renewal in 
the Federal Register and provide an additional 15 days for public 
comment, making a total of 45 days of public comment. We also directly 
contact all commenters on the initial IHA by email, phone, or, if the 
commenter did not provide email or phone information, by postal service 
to provide them the opportunity to submit any additional comments on 
the proposed Renewal IHA. Where the commenter has already had the 
opportunity to review and comment on the potential for a Renewal in the 
initial proposed IHA for these activities, the abbreviated additional 
comment period is sufficient for consideration of the results of the 
preliminary monitoring report and new information (if any) from the 
past year.
    NMFS also strives to ensure the public has access to key 
information needed to submit comments on a proposed IHA, whether an 
initial IHA or a Renewal IHA. The agency's website includes information 
for all projects under consideration, including the application, 
references, and other supporting documents. Each Federal Register 
notice also includes contact information in the event a commenter has 
questions or cannot find the information they seek.
    For more information, NMFS has published a description of the 
Renewal process on our website (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals).

Preliminary Determinations

    The proposed action of this Renewal IHA, target and missile launch 
activities, would be identical to the activities analyzed in the 
Initial IHA. Based on the analysis detailed in the Notice of the 
Initial IHA authorization of the likely effects of the specified 
activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS found that the total marine mammal take from the 
activity will have a negligible impact on all affected marine mammal 
species or stocks.
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. Based on the information and analysis 
contained here and in the referenced documents, NMFS has determined the 
following: (1) The required mitigation measures will affect 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; (3) the authorized takes 
represent small numbers of marine mammals relative to the affected 
stock abundances; (4) 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; (5) appropriate monitoring and reporting requirements are 
included.

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. No incidental take of ESA-listed species is proposed 
for authorization 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.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a Renewal IHA to the Navy for conducting target and missile 
launch activities on SNI, California from June 12, 2020 through June 
11, 2021, provided the previously described

[[Page 33129]]

mitigation, monitoring, and reporting requirements are incorporated. A 
draft of the proposed and final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the 
proposed Renewal IHA, and any other aspect of this Notice. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: May 26, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-11719 Filed 5-29-20; 8:45 am]
 BILLING CODE 3510-22-P