[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20435-20439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9870]
[[Page 20435]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032101I]
Small Takes of Marine Mammals Incidental to Specified Activities;
Missile Launch Operations from San Nicolas Island, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed authorization for
a small take exemption; request for comments.
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SUMMARY: NMFS has received an application from the U.S. Navy, Naval Air
Warfare Center Weapons Division (NAWCWD), Point Mugu, CA for an
incidental harassment authorization (IHA) to take small numbers of
marine mammals by harassment incidental to missile launch operations
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 NAWCWD 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 targets per year commencing
in 2001.
DATES: Comments and information must be received no later than May 23,
2001.
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 NAWCWD Point Mugu application and a list of
references used in this document are available upon request from the
same address. In addition, supporting documentation is available for
review during regular business hours in the following offices: Office
of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910, and the Southwest Region, NMFS, 501 West Ocean Boulevard, Suite
4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, NMFS, (301) 713-
2322, ext. 106 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, 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 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.
On April 10, 1996 (61 FR 15884), NMFS published an interim rule
establishing, among other things, procedures for issuing incidental
harassment authorizations (IHAs) under section 101(a)(5)(D) of the MMPA
for activities in Arctic waters. For additional information on the
procedures to be followed for this authorization, please refer to that
document.
Summary of Request
On February 5, 2001, NMFS received an application from NAWCWD Point
Mugu requesting an authorization for the harassment of small numbers of
three species of marine mammals incidental to target missile launch
operations 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. The NAWCWD Point Mugu's request for
an authorization to incidentally harass small numbers of marine mammals
on SNI anticipates 15 launches of Vandal (or similar sized) vehicles
from the Alpha Launch Complex on SNI and 5 launches of smaller subsonic
targets from either the Alpha Launch Complex or Building 807 for 1 year
and commencing as early in 2001 as possible. A detailed description of
the operations is contained in the application (LGL Ltd. Environmental
Research Associates 2001) which is available upon request (see
ADDRESSES).
Measurement of Airborne Sound Levels
The types of sounds discussed in NAWCWD Point Mugu's 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
similar to the human ear, a study by C. Malme (pers. commun. to NMFS,
March 5, 1998) found that for predicting noise effects, A-weighted 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 NAWCWD Point Mugu
Sea Range. In general, two types of launch vehicles are used, the
Vandal and the smaller subsonic 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)
[[Page 20436]]
(8,100 pounds (lbs)) including the solid propellant booster. The three
variants of the Vandal (standard, ER and ERR) all have the same
dimensions but differ in their operational range. The Vandals are
remotely-controlled, non-recoverable missiles that are launched from a
land-based launch site (hereafter referred to as Alpha Launch Complex)
on the western part of SNI. The Alpha Launch Complex is 153 m (502 ft)
above sea level and is approximately 6 kilometers (km) (3.7 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 micro-Pa) (SEL of 131 dB re 20 micro-Pa\2\-sec) at
370 m (1,215 ft). The most intense sound exposure occurred during the
first 0.3 to 1.9 seconds after launch.
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 3 m (10 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. 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 two 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 does not need to be 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), Guadalupe fur seals (Arctocephalus
townsendi), 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 the others 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
(including the standard, ER, and ERR variants) 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 two 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
[[Page 20437]]
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 the disturbance known as temporary
threshold shift (TTS) may be elicited in harbor seals and California
sea lions (SEL of 145 dB re 20 micro-Pa\2\ -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, 1998; Greene, 1999). This evidence, in
combination with the known sound levels produced by missiles launched
from SNI (see below), 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 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 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
NAWCWD Point Mugu estimates that the following numbers of marine
mammals may be subject to Level B harassment, as defined in 50 CFR
216.3:
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Species by MMPA Stock
Designation Minimum Abundance Estimate of Stock\1\ Harassment Takes in 2001
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Northern Elephant Seal 51,625 2,390
(California Stock)
Harbor Seal (California Stock) 27,962 457
California Sea Lion (U.S. 109,854 9,614-10,086
Stock)
Northern Fur Seal (San Miguel 2,336 3
Stock)
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1. From 1999-2000 NMFS Marine Mammal Stock Assessment Reports.
In their original request, NAWCWD Point Mugu estimated the take of
3 Guadalupe fur seals by harassment incidental to missile launch
operations on SNI. On March 19, 2001, the U.S. Navy sent NMFS a
modified request eliminating the incidental take of Guadalupe fur seals
on SNI. Based on their observational records, the Navy found that when
Guadalupe fur seals do occur on SNI, they are found on beaches not
affected by missile launch activities.
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., Corral 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
[[Page 20438]]
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.
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 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.
Monitoring
As part of its application, NAWCWD Point Mugu provided a proposed
monitoring plan for assessing impacts to marine mammals from Vandal and
smaller subsonic target and missile launch activities on SNI. This
monitoring plan is described in LGL Ltd. Environmental Research
Associates (2001).
NAWCWD Point Mugu proposes to conduct the following monitoring:
Land-Based Monitoring
The Navy, in conjunction with a biological contractor, proposes to
establish a 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 autonomous
digital video cameras or, when possible, through direct visual
observation.
During the day of each missile launch, the observer would place
three digital video cameras on tripods 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.
Two hours prior to the launch, the observer would circulate among
the tripod-mounted cameras to change videocassettes, to adjust camera
fields of view (as required by changes in the geometry of the focal
groups), and to record visual observations in a field logbook.
Following the launch, the observer would return to the site when access
is permitted.
During smaller launches when personnel are allowed to remain near
one or more haul out beaches that might be impacted, a marine mammal
observer would observe pinnipeds at one of those beaches in a
systematic manner before, during, and after the launch. The observer(s)
would scan the selected haul out site(s) from one end to the other at a
rate of once per minute. Seven x 50 reticle binoculars would be used
during the daytime for scanning and supplemented by night vision
equipment if launches occur at night.
Following each launch, a biologist would review and code the
videotapes as they are played back to a high-resolution color monitor.
A VCR 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 (2001).
Acoustical Measurements
During each launch, the Navy (in conjunction with an acoustical
contractor) 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 days. 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.
For further details regarding the installation and calibration of
the acoustic instruments and analysis methods refer to LGL Ltd.
Environmental Research Associates (2001).
Reporting
If the IHA is granted, NAWCWD Point Mugu 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
judged 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. This draft final report will be reviewed by NMFS, and based on
comments, revised as necessary.
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.
Consultation
NAWCWD Point Mugu has not requested the take of any listed species.
Therefore, NMFS has determined that a section 7 consultation under the
Endangered Species Act is not required at this time.
National Environmental Policy Act (NEPA)
In July 2000, NAWCWD Point Mugu issued a Draft Environmental Impact
Statement/Overseas Environmental Impact Statement (DEIS) to assess the
effects of its ongoing and proposed operations in the Sea Range off
Point
[[Page 20439]]
Mugu. While this DEIS analyzes other activities beyond the scope of
this IHA request, Section 4.7 describes launches of target missiles
from SNI and notes that these launches sometimes cause pinnipeds hauled
out on beaches on the western end of SNI to move into the water.
Accordingly, the U.S. Navy determined that it should request this 1-
year IHA to ensure that its planned missile launch operations are
conducted in full compliance with the MMPA.
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 Point 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 marine mammal stocks
for subsistence uses.
Information Solicited
NMFS requests interested persons to submit comments and information
concerning this request (see ADDRESSES).
Dated: April 16, 2001.
Donald Knowles,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 01-9870 Filed 4-20-01; 8:45 am]
BILLING CODE 3510-22-S