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, 23689-23692 [2021-09376]
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Federal Register / Vol. 86, No. 84 / Tuesday, May 4, 2021 / Notices
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and as individual parcels are acquired
for the reserve system. The framework
and final monitoring program are
intended to verify take is not being
exceeded, ensure compliance with
PCCP requirements, assess the status of
Covered Species and natural
communities within the reserve system,
evaluate the effects of management
actions, and assess whether the PCCP’s
biological goals and objectives are being
achieved.
There are three main sources of
funding for the PCCP: Plan development
fees (includes land conversion fee,
special habitat fees, and temporary
effects fee), local funding, and state and
Federal funding. NMFS considers the
PCCP’s development fees as an assured
source of funding because Placer County
and the City of Lincoln will adopt
ordinances to implement the fees
described in the habitat conservation
plan.
Permit 25641
NMFS authorizes the following lethal
incidental takes of CCV steelhead
(threatened) and CV fall- and late fallrun Chinook salmon (unlisted):
• Trapping and handling for research
and monitoring: 5 CCV steelhead
juveniles and 10 Chinook salmon per
year;
• Fish capture and relocation: less
than 3% incident mortality;
• Responses that result from habitat
disturbance (i.e., contaminants,
turbidity, construction disturbance,
acoustic impacts, disturbance to
riparian and riverine habitat; take
measured via surrogate of permanent
physical disturbance): 655 acres or
temporary disturbance of 165 acres of
combined riparian/riverine habitat; and
• Take of fish or eggs from other
activities (measures via surrogate trail
acreage): Approximately 50 acres of
trails.
To ensure that the mitigation and
minimization strategies are effective, the
PCCP incorporates a variety of
monitoring, research, and reporting
components that will provide feedback
for use by adaptive management
provisions. Based on this information,
adjustments can be made to the
conservation management activities set
forth in chapter 5 of the PCCP.
Take authorization will become
effective for the currently unlisted
species covered by this permit
concurrent with the listing of those
species under the ESA.
Authority
Section 9 of the ESA and Federal
regulations prohibit the ‘‘taking’’ of a
species listed as endangered or
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threatened. The ESA defines ‘‘take’’ to
mean harass, harm, pursue, hunt, shoot,
wound, kill, trap, capture, or collect, or
to attempt to engage in any such
conduct. NMFS may issue permits,
under limited circumstances, to take
listed species incidental to, and not the
purpose of, otherwise lawful activities.
Section 10(a)(1)(B) of the ESA provides
for authorizing incidental take of listed
species. NMFS regulations governing
permits for threatened and endangered
species are promulgated at 50 CFR
222.307.
Dated: April 28, 2021.
Margaret H. Miller,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2021–09297 Filed 5–3–21; 8:45 am]
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butterfish, longfin squid, and Illex squid
fisheries.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to
Kathy Collins at (302) 526–5253, at least
5 days prior to any meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 29, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–09334 Filed 5–3–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
BILLING CODE 3510–22–P
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB057]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Mackerel, Squid,
and Butterfish (MSB) Monitoring
Committee will meet via webinar to
develop recommendations for MSB
specifications.
SUMMARY:
The meeting will be held on
Wednesday, May 19, 2021, from 1 p.m.
to 5 p.m.
ADDRESSES: The meeting will be held
via webinar. Details on the proposed
agenda, connection information, and
briefing materials will be posted via the
MAFMC website calendar at:
www.mafmc.org.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331;
www.mafmc.org.
DATES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION: The MSB
Monitoring Committee will develop
recommendations for future MSB
specifications, focusing on the
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[RTID 0648–XB047]
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed issuance of an
incidental harassment authorization;
request for comments.
AGENCY:
NMFS received a request from
the U.S. Navy (Navy) for an incidental
harassment authorization (IHA) to
incidentally take marine mammals, by
Level B harassment only, during target
and missile launch activities on San
Nicolas Island (SNI). The Navy is
requesting, and NMFS is proposing to
issue, an IHA authorizing incidental
take of marine mammals during
continuation of target and missile
launch activities identical to those
already analyzed in a 2019 IHA issued
on June 12, 2019 and a currently active
Renewal IHA issued on June 19, 2020,
which expires on June 11, 2021. The
proposed mitigation, monitoring, and
reporting measures remain the same as
prescribed in the previous IHAs. This
IHA would be effective from June 12,
2021 through June 11, 2022. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an IHA to
incidentally take marine mammals
during the specified activities. NMFS
will consider public comments prior to
making any final decision on the
issuance of the requested MMPA
SUMMARY:
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authorizations and agency responses
will be summarized in the final
notification of our decision. 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: Comments and information must
be received no later than June 3, 2021.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Written
comments should be submitted via
email to ITP.egger@noaa.gov.
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. Comments, including all
attachments, must not exceed a 25megabyte file size. Attachments to
comments will be accepted in Microsoft
Word or Excel or Adobe PDF file
formats only. 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-undermarine-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:
Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS Federal Register
notices of the original proposed and
final authorizations, and the previous
IHA), as well as a list of the references
cited in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
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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.
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 preliminarily determined
that the issuance of the proposed IHA
qualifies to be categorically excluded
from further NEPA review.
We will review all comments
submitted in response to this
notification prior to concluding our
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NEPA process or making a final
decision on the IHA request.
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 requested are identical
to those covered under the previous
IHAs.
Navy complied with all the
requirements (e.g., mitigation,
monitoring, and reporting) of the
previous authorizations and information
regarding their monitoring results may
be found in the Potential Effects of
Specified Activity on Marine Mammals
and their Habitat and Estimated Take
section of the previous authorization (84
FR 28462; June 19, 2019) as well https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-military-readinessactivities#active-authorizations. This
proposed IHA would cover one 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 would be valid
for one year from issuance.
Description of the Proposed Activity
and Anticipated Impacts
The Navy proposes 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
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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
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, primarily in the
form of behavioral disturbance, as a
result of the airborne noise produced
during launch activities.
To support public review and
comment on the IHA that NMFS is
proposing to issue here, 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) and discuss any new or changed
information here. A detailed description
of the proposed target and missile
launch activities can be found in these
documents. We also refer the reader to
the Navy’s current and previous
applications and monitoring reports
which can be found at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-military-readinessactivities#active-authorizations.
Detailed Description of the Action
A detailed description of the
proposed target and missile launch
activities is found in these previous
documents. 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.
23691
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 is 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
proposed IHA. There is no new
information on potential effects.
Estimated Take
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 proposed 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
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 the proposed 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. Regarding proposed authorized
take, the 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 to result from the Navy’s
activity.
TABLE 1—REQUESTED TAKE AMOUNT, PER SPECIES, RELATIVE TO POPULATION SIZE
Authorized
Level B
harassment
Species
California sea lion ...........................................................................................
Harbor seal .....................................................................................................
Northern elephant seal ...................................................................................
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures proposed 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 proposed
IHA and summarized below:
D Personnel Mitigation—Personnel
will not enter pinniped haulouts.
Personnel will be adjacent to pinniped
haulouts below the predicted missile
path for two hours prior to a launch
only for monitoring purposes.
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11,000
480
40
Stock abundance
(percent taken by Level B harassment)
257,606 (4.27 percent).
30,968 (less than 2 percent).
179,000 (less than 1 percent).
D Launch Mitigation—Missiles will
not cross over pinniped haulouts at
elevations less than 305 m (1,000 ft).
Launches at night will be limited.
Launches will be avoided during harbor
seal pupping season (February through
April) unless constrained by mission
objectives. Launches will be limited
during the pupping season for northern
elephant seal (January through
February) and California sea lion (June
through July) unless constrained by
mission objectives or certain other
factors. It is vital that the Navy
effectively executes readiness activities
to ensure naval forces can effectively
execute military operations.
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D Aircraft Operation Mitigation—All
aircraft and helicopter flight paths must
maintain a minimum distance of 1,000
ft (305 m) from recognized seal haulouts
and rookeries), except in emergencies.
D Non-Authorized Take Prohibited—
If a species for which authorization has
not been granted, or a species for which
authorization has been granted but the
authorized takes are met, the Navy must
consult with NMFS before the next
launch event.
D Visual and Video Camera
Monitoring—The Navy proposes to
conduct marine mammal monitoring
during launches from SNI, using visual
monitoring as well as simultaneous
autonomous audio recording of launch
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sounds and video recording of pinniped
behavior. Visual monitoring, before and
after launches, is a scan of the haulout
beaches to count pinnipeds over a wider
field of view than can be captured by a
stationary video camera. This is
typically done over a 15–30 minute
period. Visual monitoring is conducted
while the equipment is being set up and
broken down for video and acoustic
monitoring. Video monitoring is
conducted by recording continuously
from a minimum of two hours before the
event to approximately one hour after
the event. These video and audio
records will be used to document
pinniped responses to the launches.
D Acoustic Monitoring—Acoustical
recordings will be obtained during each
monitored launch. These recordings
will be suitable for quantitative analysis
of the levels and characteristics of the
received launch sounds.
D Reporting—A technical report will
be submitted to the NMFS’ Office of
Protected Resources within 90 days
from the date the IHA expires. This
report will provide full documentation
of methods, results, and interpretation
pertaining to all monitoring tasks for
launches activities at SNI that are
covered under this IHA.
Preliminary Determinations
The Navy proposes 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 proposed IHA also
carries over identical required
mitigation, monitoring, and reporting
measures as required under the previous
IHAs. NMFS has preliminarily
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
proposed 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 preliminarily determined the
following: (1) The required mitigation
measures will effect the least practicable
impact on marine mammal species or
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stocks and their habitat; (2) the
proposed 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.
DEPARTMENT OF ENERGY
Endangered Species Act (ESA)
AGENCY:
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.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to the Navy for conducting target
and missile launches on SNI, effective
from June 12, 2021 through June 11,
2022, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
A draft of the proposed IHA can be
found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Request for Public Comments
Dated: April 29, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–09376 Filed 5–3–21; 8:45 am]
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Energy Conservation Program:
Notification of Petition for Waiver of
Vinotemp International Corp. From the
Department of Energy Walk-in Coolers
and Walk-in Freezers Test Procedure
and Notification of Grant of Interim
Waiver
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of petition for
waiver and grant of an interim waiver;
request for comments.
This document announces
receipt of and publishes a petition for
waiver and interim waiver from
Vinotemp International Corp.
(‘‘Vinotemp’’), which seeks a waiver for
specified walk-in cooler refrigeration
system basic models from the U.S.
Department of Energy (‘‘DOE’’) test
procedure used to determine the
efficiency and energy consumption of
walk-in coolers and walk-in freezers.
DOE also gives notice of an Interim
Waiver Order that requires Vinotemp to
test and rate the specified walk-in cooler
refrigeration system basic models in
accordance with the alternate test
procedure set forth in the Interim
Waiver Order, which modifies the
alternate test procedure suggested by
Vinotemp. DOE solicits comments, data,
and information concerning Vinotemp’s
petition, its suggested alternate test
procedure, and the alternate test
procedure specified in the Interim
Waiver Order so as to inform DOE’s
final decision on Vinotemp’s waiver
request.
SUMMARY:
The Interim Waiver Order is
effective on May 4, 2021. Written
comments and information are
requested and will be accepted on or
before June 3, 2021.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2020–BT–WAV–0022, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to Vinotemp2020WAV0022@
ee.doe.gov. Include docket number
EERE–2020–BT–WAV–0022 in the
subject line of the message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
DATES:
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
previous IHAs), the proposed
authorization, and any other aspect of
this notice of proposed IHA for the
proposed target and missile launch
activities on SNI. Please include with
your comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
BILLING CODE 3510–22–P
[Case Number 2020–005; EERE–2020–BT–
WAV–0022]
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[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Notices]
[Pages 23689-23692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09376]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB047]
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; proposed issuance of an incidental harassment
authorization; request for comments.
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SUMMARY: NMFS received a request from the U.S. Navy (Navy) for an
incidental harassment authorization (IHA) to incidentally take marine
mammals, by Level B harassment only, during target and missile launch
activities on San Nicolas Island (SNI). The Navy is requesting, and
NMFS is proposing to issue, an IHA authorizing incidental take of
marine mammals during continuation of target and missile launch
activities identical to those already analyzed in a 2019 IHA issued on
June 12, 2019 and a currently active Renewal IHA issued on June 19,
2020, which expires on June 11, 2021. The proposed mitigation,
monitoring, and reporting measures remain the same as prescribed in the
previous IHAs. This IHA would be effective from June 12, 2021 through
June 11, 2022. Pursuant to the Marine Mammal Protection Act (MMPA),
NMFS is requesting comments on its proposal to issue an IHA to
incidentally take marine mammals during the specified activities. NMFS
will consider public comments prior to making any final decision on the
issuance of the requested MMPA
[[Page 23690]]
authorizations and agency responses will be summarized in the final
notification of our decision. 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: Comments and information must be received no later than June 3,
2021.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email 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. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. 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: Stephanie Egger, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the
contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.'' The activity for which incidental take of marine
mammals is being requested addressed here qualifies as a military
readiness activity.
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 preliminarily determined
that the issuance of the proposed IHA qualifies to be categorically
excluded from further NEPA review.
We will review all comments submitted in response to this
notification prior to concluding our NEPA process or making a final
decision on the IHA request.
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
requested are identical to those covered under the previous IHAs.
Navy complied with all the requirements (e.g., mitigation,
monitoring, and reporting) of the previous authorizations and
information regarding their monitoring results may be found in the
Potential Effects of Specified Activity on Marine Mammals and their
Habitat and Estimated Take section of the previous authorization (84 FR
28462; June 19, 2019) as well https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations. This proposed IHA would
cover one 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 would be valid for
one year from issuance.
Description of the Proposed Activity and Anticipated Impacts
The Navy proposes 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
[[Page 23691]]
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 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, primarily in the
form of behavioral disturbance, as a result of the airborne noise
produced during launch activities.
To support public review and comment on the IHA that NMFS is
proposing to issue here, 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) and discuss any new or changed information here.
A detailed description of the proposed target and missile launch
activities can be found in these documents. We also refer the reader to
the Navy's current and previous applications and monitoring reports
which can be found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities#active-authorizations.
Detailed Description of the Action
A detailed description of the proposed target and missile launch
activities is found in these previous documents. 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.
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
proposed 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 is 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 proposed 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 the proposed 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. Regarding proposed authorized take, the
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 to result from the Navy's activity.
Table 1--Requested Take Amount, per Species, Relative to Population Size
----------------------------------------------------------------------------------------------------------------
Authorized
Species Level B Stock abundance (percent taken by Level B harassment)
harassment
----------------------------------------------------------------------------------------------------------------
California sea lion............ 11,000 257,606 (4.27 percent).
Harbor seal.................... 480 30,968 (less than 2 percent).
Northern elephant seal......... 40 179,000 (less than 1 percent).
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
proposed 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 proposed 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
[[Page 23692]]
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.
[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.
Preliminary Determinations
The Navy proposes 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 proposed IHA also carries over identical required
mitigation, monitoring, and reporting measures as required under the
previous IHAs. NMFS has preliminarily 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
proposed 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 preliminarily 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 proposed
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.
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.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to the Navy for conducting target and missile launches on
SNI, effective from June 12, 2021 through June 11, 2022, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the previous IHAs), the
proposed authorization, and any other aspect of this notice of proposed
IHA for the proposed target and missile launch activities on SNI.
Please include with your comments any supporting data or literature
citations to help inform our final decision on the request for MMPA
authorization.
Dated: April 29, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2021-09376 Filed 5-3-21; 8:45 am]
BILLING CODE 3510-22-P
