Small Takes of Marine Mammals Incidental to Specified Activities; Missile Launch Operations From San Nicolas Island, CA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 1, 2002 (Volume 67, Number 126)]
[Notices]
[Page 44180-44185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy02-50]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 052802E]

Small Takes of Marine Mammals Incidental to Specified Activities;
Missile Launch Operations From San Nicolas Island, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization; request for comments.

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SUMMARY: NMFS has received an application from the U.S. Navy, Naval Air
Weapons Station, China Lake, CA (NAWS) for an incidental harassment
authorization (IHA) to take small numbers of marine mammals by
harassment incidental to missile launch operations by Naval Air Warfare
Center Weapons Division, Point Mugu (NAWCWD) from the western end of
San Nicolas Island, CA (SNI). Under the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to authorize NAWS
to incidentally take, by harassment, small numbers of pinnipeds on SNI
during 15 launches of Vandal (or similar) vehicles and 5 launches of
smaller subsonic missiles and targets for 1 year commencing in August
2002.

DATES: Comments and information must be received no later than July 31,
2002.

ADDRESSES: Comments on the application should be addressed to Donna
Wieting, Chief, Marine Mammal Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910-3225. A copy of the NAWS application is available upon request
from the same address.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, NMFS, (301) 713-
2322, ext. 128 or Christina Fahy, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow,

[[Page 44181]]

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, notice of a
proposed authorization is provided to the public for review.
Permission for incidental takings may be granted if NMFS finds that
the taking will have no more than 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 subsistence uses and that
the permissible methods of taking and requirements pertaining to the
monitoring and reporting of such taking are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 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.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take small numbers of marine mammals by
harassment. The MMPA defines ``harassment'' as:

* * * any act of pursuit, torment, or annoyance which (i) has
the potential to injure a marine mammal or marine mammal stock in
the wild (Level A harassment); or (ii) has the potential to disturb
a marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
(Level B harassment).

Subsection 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
small numbers of marine mammals. Within 45 days of the close of the
comment period, NMFS must either issue or deny issuance of the
authorization.

Summary of Request

On April 9, 2002, NMFS received an application from NAWS requesting
an authorization for the harassment of small numbers of three species
of marine mammals incidental to target missile launch operations
conducted by NAWCWD on SNI, one of the Channel Islands in the Southern
California Bight. These operations may occur at any time during the
year depending on test and training requirements and meteorological and
logistical limitations. On occasion, two or three launches may occur in
quick succession on a single day. In 2001, NAWCWD conducted 9 launches
of Vandal and similar sized targets and 3 launches of subsonic targets
from SNI. NAWS' request for an authorization to incidentally harass
small numbers of marine mammals on SNI in 2002 and 2003 anticipates 15
launches of Vandal (or similar sized) vehicles from the Alpha Launch
Complex on SNI and 5 launches of smaller subsonic missiles and targets
for one year from either the Alpha Launch Complex or Building 807
commencing in August 2002. A detailed description of the operations is
contained in the application (NAWS, 2002) which is available upon
request (see ADDRESSES).

Measurement of Airborne Sound Levels

The types of sounds discussed in NAWS' IHA application are airborne
and impulsive. For this reason, the applicant has referenced both
pressure and energy measurements for sound levels. For pressure, the
sound pressure level (SPL) is described in terms of decibels (dB) re
micro-Pascal (micro-Pa), and for energy, the sound exposure level (SEL)
is described in terms of dB re micro-Pa\2\ -second. In other words, SEL
is the squared instantaneous sound pressure over a specified time
interval, where the sound pressure is averaged over 5 percent to 95
percent of the duration of the sound (in this case, one second).
Airborne noise measurements are usually expressed relative to a
reference pressure of 20 micro-Pa, which is 26 dB above the underwater
sound pressure reference of 1 micro-Pa. However, the conversion from
air to water intensities is more involved than this (Buck, 1995) and
beyond the scope of this document. Also, airborne sounds are often
expressed as broadband A-weighted sound levels (dBA). A-weighting
refers to frequency-dependent weighting factors applied to sound in
accordance with the sensitivity of the human ear to different
frequencies. While it is unknown whether the pinniped ear responds
similarly to the human ear, a study by C. Malme (pers. commun. to NMFS,
March 5, 1998) found that for predicting noise effects, A-weighting is
better than unweighted pressure levels because the pinniped's highest
hearing sensitivity is at higher frequencies than that of humans. As a
result, whenever possible, NMFS provides both A-weighted and unweighted
sound pressure levels; where not specified for in-air sounds, A-
weighting is implied (ANSI, 1994). In this document, all sound levels
have been provided with A-weighting.

Description of the Specified Activity

Target missile launches from SNI are used to support test and
training activities associated with operations on the Sea Range off
Point Mugu, CA. SNI is under the land management responsibility of
NAWS; however, planned missile and other target launches are conducted
by NAWCWD. In general, two types of launch vehicles are used, the
Vandal and the smaller subsonic missiles and targets. Other vehicles
used would be similar in size and weight or slightly smaller and would
have characteristics generally similar to the Vandal.

Vandal Target Missiles

The Vandal target missile is a relatively large, air-breathing
(ramjet) vehicle with no explosive warhead that is designed to provide
a realistic simulation of the mid-course and terminal phase of a
supersonic anti-ship cruise missile. These missiles are 7.7 meters (m)
(25.2 feet (ft)) in length with a mass at launch of 3,674 kilograms
(kg) (8,100 lbs) including the solid propellant booster. There are
variants of the Vandal; they all have the same dimensions, but differ
in their operational range. The Vandals are remotely controlled, non-
recoverable missiles. These and most other targets are launched from a
land-based launch site (hereafter referred to as Alpha Launch Complex)
on the west-central part of SNI. The Alpha Launch Complex is 192 m (630
ft) above sea level and is approximately 2 kilometers (km)(1.25 miles
(mi)) from the nearest pinniped haul-out site. Launch trajectories from
Alpha Launch Complex vary from a near-vertical liftoff, crossing the
west end of SNI at an altitude of approximately 3,962 m (13,000 ft) to
a nearly horizontal liftoff, crossing the west end of SNI at an
altitude of approximately 305 m (1,000 ft).
Vandal launches produce the strongest noise source originating from
aircraft or missiles in flight over SNI beaches. Sound measurements
were collected during two Vandal launches in 1997 and 1999 and are
reported in Burgess and Greene (1998) and Greene (1999). Greene (1999)
reported that received A-weighted SPL were found to range from 123 dB
(re 20 micro-Pa) (SEL of 126 dB re 20 micro-Pa\2\ -sec) at 945 m (3,100
ft) to 136 dB (re 20 [b.mu]Pa) (SEL of 131 dB re 20 micro-Pa2 -sec) at
370 m (1,215 ft). The most intense sound exposure occurred during the
first 0.3 to 1.9 seconds after launch.

[[Page 44182]]

Subsonic Targets and Other Missiles

The subsonic targets and other missiles are small unmanned aircraft
that are launched using jet-assisted take-off (JATO) rocket bottles.
Once launched, they continue offshore where they are used in training
exercises to simulate various types of subsonic threat missiles and
aircraft. The larger target, BQM-34, is 7 m (23 ft) long and has a mass
of approximately 1,134 kg (2,500 lbs) plus the JATO bottle. The smaller
BQM-74, is 420 centimeters (cm) (165.5 inches (in)) long and has a mass
of approximately 250 kg (550 lbs) plus the JATO bottle. Other types of
small missiles that may be launched include the Exocet, Tomahawk, and
Rolling Airframe Missile (RAM). All of these smaller targets are
launched from either the Alpha Launch Complex or from Building 807, a
second launch site on the west end of SNI. Building 807 is
approximately 10 m (30 ft) above sea level and accommodates several
fixed and mobile launchers that range from 30 m (98 ft) to 150 m (492
ft) from the nearest shoreline. For these smaller missiles, launch
trajectories from Building 807 range from 6 to 45 degrees and cross
over the nearest beach at altitudes from 9 to 183 m (30 to 600 ft).
Sound measurements were collected from the launch of a BQM-34S at
Naval Air Station (NAS) Point Mugu in 1997. Burgess and Greene (1998)
found that for this launch, the A-weighted SPL ranged from 92 dB (re 20
micro-Pa) (SEL of 102.2 dB re 20 micro-Pa\2\ -sec) at 370 m (1,200 ft)
to 145 dB (re 20 micro-Pa) (SEL of 142.2 dB re 20 micro-Pa2 -sec) at 15
m (50 ft). These estimates are approximately 20 dB lower than that of a
Vandal launch at similar distances (Greene, 1999).

General Launch Operations

Aircraft and helicopter flights between NAS, Point Mugu on the
mainland, the airfield on SNI and the target sites in the Sea Range
will be a routine part of any planned launch operation. These
operational flights do not pass at low level over the beaches where
pinnipeds are expected to be hauled out. In addition, movements of
personnel are restricted near the launch sites 2 hours prior to a
launch, no personnel are allowed on the western end of SNI during
Vandal launches, and various environmental protection restrictions
exist near the island's beaches during other times of the year.

Description of Habitat and Marine Mammals Affected by the Activity

A detailed description of the Channel Islands/southern California
Bight ecosystem and its associated marine mammals can be found in
several documents (Le Boeuf and Brownell, 1980; Bonnell et al., 1981;
Lawson et al., 1980; Stewart, 1985; Stewart and Yochem, 2000; Sydeman
and Allen, 1999) and is not repeated here.

Marine Mammals

Many of the beaches in the Channel Islands provide resting, molting
or breeding places for species of pinnipeds including: northern
elephant seals (Mirounga angustirostris), harbor seals (Phoca
vitulina), California sea lions (Zalophus californianus), northern fur
seals (Callorhinus ursinus), and Steller sea lions (Eumetopias
jubatus). On SNI, three of these species, northern elephant seals,
harbor seals, and California sea lions, can be expected to occur on
land in the area of the proposed activity either regularly or in large
numbers during certain times of the year. Descriptions of the biology
and distribution of these three species and others in the region can be
found in Stewart and Yochem (2000, 1994), Sydeman and Allen (1999),
Barlow et al. (1993), Lowry et al.(1996), Schwartz (1994), Lowry (1999)
and several other documents (Barlow et al., 1997; NMFS, 2000; NMFS,
1992; Koski et al., 1998; Gallo-Reynoso, 1994; Stewart et al., 1987).
Please refer to those documents and the application for further
information on these species.

Potential Effects of Target Missile Launches and Associated Activities
on Marine Mammals

Sounds generated by the launches of Vandal target missiles and
smaller subsonic targets and missiles (BQM-34 or BQM-74 type) as they
depart sites on SNI towards operational areas in the Point Mugu Sea
Range have the potential to take marine mammals by harassment. Taking
by harassment will potentially result from these launches when
pinnipeds on the beaches near the launch sites are exposed to the
sounds produced by the rocket boosters and the high-speed passage of
the missiles as they depart the island on their routes to the Sea
Range. Extremely rapid departure of the Vandal and smaller targets
means that pinnipeds would be exposed to increased sound levels for
very short time intervals (i.e., a few seconds). Noise generated from
aircraft and helicopter activities associated with the launches may
provide a potential secondary source of marine mammal harassment. The
physical presence of aircraft could also lead to non-acoustic effects
on marine mammals involving visual or other cues. There are no
anticipated effects from human presence on the beaches, since movements
of personnel are restricted near the launch sites 2 hours prior to
launches for safety reasons.
Reactions of pinnipeds on the western end of SNI to Vandal target
launches have not been well-studied, but based on studies of other
rocket launch activities and their effects on pinnipeds in the Channel
Islands (Stewart et al., 1993), anticipated impacts can be predicted.
In general, other studies have shown that responses of pinnipeds on
beaches to acoustic disturbance arising from rocket and target missile
launches are highly variable. This variability may be due to many
factors, including species, age class, and time of year. Among species,
northern elephant seals seem very tolerant of acoustic disturbances
(Stewart, 1981), whereas harbor seals (particularly outside the
breeding season) seem more easily disturbed. Research and monitoring at
Vandenberg Air Force Base found that prolonged or repeated sonic booms,
very strong sonic booms or sonic booms accompanying a visual stimulus,
such as a passing aircraft, are most likely to stimulate seals to leave
the haul-out area and move into the water. During three launches of
Vandal missiles from SNI, California sea lions near the launch track
line were observed from video recordings to be disturbed and to flee
(both up and down the beach) from their former resting positions.
Launches of the smaller BQM-34 targets from NAS Point Mugu have not
normally resulted in harbor seals leaving their haul-out area at the
mouth of Mugu Lagoon, which is approximately 3.2 km (2 mi) from the
launch site. An Exocet missile launched from the west end of SNI
appeared to cause far less disturbance to hauled out California sea
lions than Vandal launches. Given the variability in pinniped response
to acoustic disturbance, the Navy conservatively assumes that
biologically significant disturbance (i.e. takes by harassment) will
sometimes occur upon exposure to launch sounds with SEL's of 100 dBA
(re 20 micro-Pa\2\ -sec) or higher.
From Lawson et al.(1998), the Navy determined a conservative
estimate of the SEL at which temporary threshold shift (TTS) (Level B
harassment) may be elicited in harbor seals and California sea lions
(SEL of 145 dB re 20 micro-Pa2 -sec) and northern elephant seals (SEL
of 165 dB re 20 micro-Pa\2\ -sec). The sound levels necessary to elicit
mild TTS in captive California sea lions and harbor seals exposed to
impulse noises, such as sonic booms, were tens of decibels higher
(Bowles et al., 1999) than sound levels measured during Vandal launches
(Burgess and Greene,

[[Page 44183]]

1998; Greene, 1999). This evidence, in combination with the known sound
levels produced by missiles launched from SNI (described later in this
document), suggests that no pinnipeds will be exposed to TTS-inducing
SELs during planned launches.
Based on modeling of sound propagation in a free field situation,
Burgess and Greene (1998) data were used by the Navy to predict that
Vandal target launches from SNI could produce a 100-dBA acoustic
contour that extends an estimated 4,263 m (13,986 ft) perpendicular to
its launch track. In other words, Vandal target launch sounds are
predicted to exceed the SEL (100 dBA) disturbance criteria out to a
distance of 4,263 m (13,986 ft) from the Alpha Launch Complex. Northern
elephant seals, harbor seals, and California sea lions haul out in
areas within the perimeter of this 100-dBA contour for Vandal launches.
For BQM-34 launches from Alpha Launch Complex, the Navy assumes that
the 100 dBA contour extends an estimated 1,372 m (4,500 ft),
perpendicular to its launch track (C. Malme, Engineering and Scientific
Services, Hingham, MA, unpublished data). Along the launch track and
ahead of the BQM-34, the 100 dBA contour extends a shorter distance
(549 m or 1,800 ft). For the smaller BQM-74 and Exocet missiles, the
Navy predicts that the 100 dBA contours will be smaller still. The free
field modeling scenario used to predict these acoustic contours does
not account for transmission losses caused by wind, intervening
topography, and variations in launch trajectory or azimuth. Therefore,
the predicted 100 dBA contours may be smaller at certain beach
locations and for different launch trajectories.
In general, the extremely rapid departure of the Vandal and smaller
targets means that pinnipeds could be exposed to increased sound levels
for very short time intervals (a few seconds) potentially leading to
alert and startle responses from individuals on haul out sites in the
vicinity of launches. Since preliminary observations of the responses
of pinnipeds to Vandal launches at SNI have not shown injury,
mortality, or extended biological disturbance, the Navy anticipates
that the effects of the planned target launches will have no more than
a negligible impact on pinniped populations.
Given that this activity will happen infrequently, and will produce
only brief, rapid-onset sounds, it is unlikely that pinnipeds hauled
out on beaches at the western end of SNI will exhibit much, if any,
habituation to target missile launch activities. In addition, the
infrequent and brief nature of these sounds will cause masking for not
more than a very small fraction of the time (usually less than 2
seconds per launch) during any single day. Therefore, the Navy assumes
that these occasional and brief episodes of masking will have no
significant effects on the abilities of pinnipeds to hear one another
or to detect natural environmental sounds that may be relevant to the
animals.

Numbers of Marine Mammals Expected to Be Taken by Harassment

NAWS estimates that the following numbers of marine mammals may be
subject to Level B harassment, as defined in 50 CFR 216.3:

----------------------------------------------------------------------------------------------------------------
Minimum Abundance Estimate
Species by MMPA Stock Designation of Stock\1\ Harassment Takes in 2001
----------------------------------------------------------------------------------------------------------------
Northern Elephant Seal (California Stock) 51,625 <2,390
Harbor Seal (California Stock) 27,962 <457
California Sea Lion (U.S. Stock) 109,854 10,086
Northern Fur Seal (San Miguel Stock) 2,336 3
----------------------------------------------------------------------------------------------------------------
1. From 1999-2000 NMFS Marine Mammal Stock Assessment Reports.

Effects of Target Missile Launches and Associated Activities on
Subsistence Needs

There are no subsistence uses for these pinniped species in
California waters, and, thus, there are no anticipated effects on
subsistence needs.

Effects of Target Missile Launches and Associated Activities on Marine
Mammal Habitat on San Nicolas Island

During the period of proposed activity, harbor seals, California
sea lions, and northern elephant seals will use various beaches around
SNI as places to rest, molt, and breed. These beaches consist of sand
(e.g., Red Eye Beach), rock ledges (e.g., Phoca Beach) and rocky cobble
(e.g., Vizcaino Beach). The pinnipeds do not feed when hauled out on
these beaches, and the airborne launch sounds will not persist in the
water near the island for more than a few seconds. Therefore, the Navy
does not expect that launch activities will have any impact on the food
or feeding success of these animals. The solid rocket booster from the
Vandal target and the JATO bottles from the BMQs are jettisoned shortly
after launch and fall into the sea west of SNI. While it is
theoretically possible that one of these boosters might instead land on
a beach, the probability of this occurring is very low. Fuel contained
in the boosters and JATO bottles is consumed rapidly and completely, so
there would be no risk of contamination even if a booster or bottle did
land on the beach. Overall, the proposed target missile launches and
associated activities are not expected to cause significant impacts on
habitats or on food sources used by pinnipeds on SNI.

Proposed Mitigation

To avoid additional harassment to the pinnipeds on beach haul out
sites and to avoid any possible sensitizing or predisposing of
pinnipeds to greater responsiveness towards the sights and sounds of a
launch, NAWCWD Point Mugu will limit its activities near the beaches in
advance of launches. Existing safety protocols for Vandal launches
provide a built-in mitigation measure. That is, personnel are normally
not allowed near any of the pinniped beaches close to the flight track
on the western end of SNI within two hours prior to a launch. Where
practicable, NAWCWD Point Mugu will adopt the following additional
mitigation measures when doing so will not compromise operational
safety requirements or mission goals: (1) The Navy will limit launch
activities during pinniped pupping seasons, particularly harbor seal
pupping season; (2) the Navy will not launch target missiles at low
elevation (under 305 m, 1,000 ft) on launch azimuths that pass close to
beach haul-out site(s); (3) the Navy will avoid multiple target
launches in quick succession over haul-out sites, especially when young
pups are present; and, (4) the Navy will limit launch activities during
the night.

Proposed Monitoring

As part of its application, NAWS provided a proposed monitoring
plan, similar to that adopted for the 2001-2002 IHA (see 66 FR 41834,
August 9,

[[Page 44184]]

2001), for assessing impacts to marine mammals from Vandal and smaller
subsonic target and missile launch activities on SNI. This monitoring
plan is described in their application (NAWS, 2002).
The Navy proposes to conduct the following monitoring during 2002-
2003:

Land-Based Monitoring

In conjunction with a biological contractor, the Navy will continue
its land-based monitoring program to assess effects on the three common
pinniped species on SNI: northern elephant seals, harbor seals, and
California sea lions. This monitoring would occur at three different
sites of varying distance from the launch site before, during, and
after each launch. The monitoring would be via digital video cameras.
During the day of each missile launch, the observer would place
three digital video cameras overlooking chosen haul out sites. Each
camera would be set to record a focal subgroup within the haul out
aggregation for a maximum of 4 hours or as permitted by the videotape
capacity.
Following each launch, all digital recordings will be transferred
to DVDs for analysis. A DVD player/computer with high-resolution
freeze-frame and jog shuttle will be used to facilitate distance
estimation, event timing, and characterization of behavior. Details of
analysis methods can be found in LGL Ltd. Environmental Research
Associates et al. (LGL, 2002).

Acoustical Measurements

During each launch, the Navy would obtain calibrated recordings of
the levels and characteristics of the received launch sounds. Acoustic
data would be acquired using three Autonomous Terrestrial Acoustic
Recorders (ATAR) at three different sites of varying distances from the
target's flight path. ATARs can record sounds for extended periods
(dependent on sampling rate) without intervention by a technician,
giving them the advantage over traditional digital audio tape (DAT)
recorders should there be prolonged launch delays of as long as 10
hours. Insofar as possible, acoustic recording locations would
correspond with the sites where video monitoring is taking place. The
collection of acoustic data would provide information on the magnitude,
characteristics, and duration of sounds that pinnipeds may be exposed
to during a launch. In addition, the acoustic data can be combined with
the behavioral data collected via the land-based monitoring program to
determine if there is a dose-response relationship between received
sound levels and pinniped behavioral reactions. Once collected, sound
files will be transferred onto CDs and sent to the acoustical
contractor for sound analysis.
For further details regarding the installation and calibration of
the acoustic instruments and analysis methods refer to LGL (2002).

Reporting Requirements

If the IHA is granted, NAWS will provide an initial report on
activities to NMFS after the first 90 days of the authorization period.
This report will summarize the timing and nature of the launch
operation(s), summarize pinniped behavioral observations, and estimate
the amount and nature of all takes by harassment or in other ways. In
the event that any cases of pinniped mortality are determined by
trained biologists to result from launch activities, this information
will be reported to NMFS immediately.
A draft final technical report will be submitted to NMFS 120 days
prior to the expiration of the IHA. This technical report will provide
full documentation of methods, results, and interpretation of all
monitoring tasks for launches during the first 6 months of the IHA
period, plus preliminary information for launches during months 7 and
8. At the time of the 120-day report, the Navy and NMFS will discuss
the scope of additional launch monitoring work on SNI during the 2002-
2003 IHA period.
The revised final technical report, including all monitoring
results during the authorization, will be due 90 days after the end of
the 1-year IHA period.

Endangered Species Act (ESA)

NAWS has not requested the take of any listed species nor is any
listed species under NMFS jurisdiction expected to be impacted by these
activities. Therefore, NMFS has determined that a section 7
consultation under the ESA is not required at this time.

National Environmental Policy Act (NEPA)

In accordance with section 6.01 of the National Oceanic and
Atmospheric Administration (NOAA) Administrative Order 216-6
(Environmental Review Procedures for Implementing the National
Environmental Policy Act , May 20, 1999), NMFS has analyzed both the
context and intensity of this action and determined, based on a
programmatic NEPA assessment conducted on the impact of NMFS'
rulemaking for the issuance of IHAs (61 FR 15884; April 10, 1996); the
content and analysis of NAWS's request for an IHA; and the NAWCWD's
March, 2002 Final Environmental Impact Statement to assess the effects
of its ongoing and proposed operations in the Sea Range of Point Mugu,
that the proposed issuance of this IHA to NAWS by NMFS will not
individually or cumulatively result in a significant impact on the
quality of the human environment as defined in 40 CFR 1508.27.
Therefore, based on this analysis, the action of issuing an IHA for
these activities meets the definition of a ``Categorical Exclusion'' as
defined under NOAA Administrative Order 216-6 and is exempted from
further environmental review.

Preliminary Conclusions

NMFS has preliminarily determined that the short-term impact of
conducting missile launch operations from SNI in the Channel Islands
off southern California will result, at worst, in a temporary
modification in behavior by certain species of pinnipeds. While
behavioral modifications may be made by these species as a result of
launch activities, this behavioral change is expected to have a
negligible impact on the animals.
While the number of potential incidental harassment takes will
depend on the distribution and abundance of marine mammals in the
vicinity of launch operations, the number of potential harassment
takings is estimated to be small. In addition, no take by injury and/or
death is anticipated, and the potential for temporary or permanent
hearing impairment is low and will be avoided through the incorporation
of the mitigation measures mentioned in this document.

Proposed Authorization

NMFS proposes to issue an IHA for 15 launches of Vandal (or
similar) missiles and 5 launches of smaller subsonic targets from San
Nicolas Island, CA westward towards the Pt Mugu Sea Range for a 1-year
period, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated. NMFS has preliminarily
determined that the proposed activity would result in the harassment of
only small numbers of northern elephant seals, harbor seals, California
sea lions, and northern fur seals; would have no more than a negligible
impact on these marine mammal stocks; and would not have an unmitigable
adverse impact on the availability of stocks for subsistence uses.

[[Page 44185]]

Information Solicited

NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES).

Dated: June 21, 2002.
Donna Wieting,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service
[FR Doc. 02-16527 Filed 6-28-02; 8:45 am]
BILLING CODE 3510-22-S

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Small Takes of Marine Mammals Incidental to Specified Activities; Missile Launch Operations From San Nicolas Island, CA

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