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jbell on DSKJLSW7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules disruption for target and missile launches, the number of estimated total instances of take compared to the abundance is less than five percent in the PMSR Study Area Table 32. Given this information and the ranges of these stocks i.e., large ranges, but with individuals often staying in the vicinity of haulouts, only a small portion of individuals in these stocks are likely impacted and repeated exposures of individuals are not anticipated during explosives i.e., individuals are not expected to be taken on more than a few days within a year. Regarding the severity of those individual takes by Level B harassment by behavioral disturbance for explosives, the duration of any exposure is expected to be between seconds and minutes i.e., short duration. Regarding the severity of TTS
takes from explosives, they are expected to be of low-level and short duration, and any associated lost opportunities and capabilities would not be at a level that will impact reproduction or survival.
Three species of pinnipeds harbor seals, Northern elephant seal, and California sea lions are estimated to be taken by PTS from explosives, 14, 22, and 2 takes, respectively, of likely low severity. A small permanent loss of hearing sensitivity PTS may include some degree of energetic costs for compensating or may mean some small loss of opportunities or detection capabilities, but at the expected scale the estimated takes by Level A
harassment by PTS are unlikely to impact behaviors, opportunities, or detection capabilities to a degree that will interfere with reproductive success or survival of any individuals, let alone affect annual rates of recruitment or survival.
For missile launch activities on SNI, the proposed activities may result in take, in the form of Level B harassment only, from airborne sounds of missile launch activities Table 32. A portion of individuals in these stocks are likely impacted and repeated exposures of individuals are anticipated during missile and target launches for pinnipeds hauled out on SNI i.e., individuals are expected to be taken on up to several days within a year, however, there is no reason to expect that these disturbances would occur on sequential days.
Regarding the magnitude of takes by Level B harassment, the number of estimated total instances of take compared to the abundance is less than 5 percent on SNI for all pinniped species Table 32. Based on the best available information, including monitoring reports from similar
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activities that have been authorized by NMFS, Level B harassment will likely be limited behavioral reactions such as alerting to the noise, with some animals possibly moving toward or entering the water i.e., movements of more than 10
m and occasional flushing into the water with return to haulouts, depending on the species and the intensity of the launch noise. Regarding the severity of those individual takes by Level B harassment, any exposure is expected to be low to moderate and of relatively short duration and are unlikely to result in hearing impairment or to significantly disrupt foraging behavior. Given the launch acceleration and flight speed of the missiles, most launch events are of extremely short duration. Strong launch sounds are typically detectable near the beaches at western SNI for no more than a few seconds per launch Holst et al., 2010;
Holst et al., 2005a; Holst et al., 2008;
Holst et al., 2005b. Pinnipeds hauled out on beaches where missiles fly over launched from the Alpha Launch Complex routinely haul out and continue to use these beaches in large numbers, but at the Building 807
Launch Complex few pinnipeds are known to haul out on the shoreline immediately adjacent to this launch site.
We do not expect repeated exposures to occur on sequential days as it can take up to several weeks of planning between launch events. Responses of pinnipeds on beaches during launches are highly variable. Harbor seals can be more reactive when hauled out compared to other species, such as northern elephant seals. Northern elephant seals generally exhibit no reaction at all, except perhaps a heads-up response or some stirring. However, stronger reactions may occur if California sea lions are in the same area mingled with the northern elephant seals and the sea lions react strongly. While the reactions are variable, and can involve abrupt movements by some individuals, biological impacts of these responses appear to be limited. Even some number of repeated instances of Level B
harassment with no particular likelihood of sequential days or more sustained effect of some small subset of an overall stock is unlikely to result in any decrease in fitness to those individuals, and thus would not result in any adverse impact to a stock as a whole. Flushing of pinnipeds into the water has the potential to result in mother-pup separation, or a stampede, either of which could potentially result in serious injury or mortality. For example, in some cases, harbor seals at SNI appear to be more responsive
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during the pupping/breeding season Holst et al. 2005a; Holst et al. 2008, while in others, mothers and pups seem to react less to launches than lone individuals Ugoretz and Greene Jr.
2012, and California sea lions seem to be consistently less responsive during the pupping season Holst et al. 2010;
Holst et al. 2005a; Holst et al. 2008;
Holst et al. 2011; Holst et al. 2005b;
Ugoretz and Greene Jr. 2012. Though pup abandonment could theoretically result from these reactions, site-specific monitoring data indicate that pup abandonment is not likely to occur as a result of the target and missile launches, as it has not been previously observed.
As part of mitigation the Navy would avoid target and missile launches during the peak pinniped pupping season to the maximum extent practicable, and missiles would not cross over pinniped haulouts at elevations less than 305 m 1,000 ft. Based on the best available information, including reports from almost 20 years of marine mammal monitoring during launch events, no injury, serious injury, or mortality of marine mammals has occurred from any flushing events or is anticipated or proposed for authorization.
Altogether, pinnipeds are not listed under the ESA except for Guadalupe fur seal that are threatened and all pinniped stocks have increasing, stable, or unknown population trends. Our analysis suggests that a small portion of the stocks will be taken and disturbed at a low-moderate level, with those individuals disturbed on likely one day within a year from explosives and some individuals on SNI likely disturbed a few days a year within a year from target and missile launches. No serious injury or mortality is anticipated or proposed for authorization. No more than 22
individuals from three pinniped stocks are estimated to be taken by PTS, of likely low severity, annually.
Additionally, no PTS is expected for Guadalupe fur seal. This low to moderate magnitude and severity of harassment effects is not expected to result in impacts on the reproduction or survival of any individuals either alone or in combination with the effects of the UME for Guadulupe fur seal, let alone have impacts on annual rates of recruitment or survival, and therefore the total take will not adversely affect this species through impacts on annual rates of recruitment or survival. For these reasons, we have preliminarily determined, in consideration of all of the effects of the Navys activities combined, that the proposed take will have a negligible impact on pinnipeds.

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