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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
immediately cease activities conducted under its LOA until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the LOA.
Point Blue must not resume their activities until notified by NMFS. The report must include the following information:
i Time, date, and location latitude/
longitude of the first discovery and updated location information if known and applicable;
ii Species identification if known or description of the animals involved;
iii Condition of the animals including carcass condition if the animal is dead;
iv Observed behaviors of the animals, if alive;
v If available, photographs or video footage of the animals; and vi General circumstances under which the animal was discovered.
c Annual report. 1 A draft annual report covering the period of January 1
through December 31 of each year must be submitted to NMFS Office of Protected Resources by April 1 of each year. The final annual report after year five may be included as part of the final report see below. The report must include the information gathered pursuant to the monitoring requirements set forth above and in the LOA at minimum, and must also include raw sightings data.
2 A final annual report must be submitted to the Director of the NMFS
Office of Protected Resources within 30
days after receiving comments from NMFS on the draft annual report. If no comments are received from NMFS, the draft annual report will be considered the final report.
d Final report. A draft final report must be submitted to NMFS Office of Protected Resources within 60 days after the conclusion of the fifth year. A final report must be submitted to the Director of the NMFS Office of Protected Resources within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered the final report.

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217.126

Letters of Authorization.

a To incidentally take marine mammals pursuant to these regulations, Point Blue must apply for and obtain an LOA.

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b An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.
c If an LOA expires prior to the expiration date of these regulations, Point Blue may apply for and obtain a renewal of the LOA.
d In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, Point Blue must apply for and obtain a modification of the LOA as described in 217.127.
e The LOA shall set forth:
1 Permissible methods and numbers of incidental taking;
2 Means of effecting the least practicable adverse impact i.e., mitigation on the species, its habitat, and on the availability of the species for subsistence uses; and 3 Requirements for monitoring and reporting.
f Issuance of the LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations.
g Notice of issuance or denial of an LOA shall be published in the Federal Register within thirty days of a determination.
217.127 Renewals and modifications of Letters of Authorization.

a An LOA issued under 216.106
of this chapter and 217.126 for the activity identified in 217.120a shall be renewed or modified upon request by the applicant, provided that:
1 The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations excluding changes made pursuant to the adaptive management provision in paragraph c1 of this section, and 2 NMFS Office of Protected Resources determines that the mitigation, monitoring, and reporting measures required by the previous LOA
under these regulations were implemented.
b For an LOA modification or renewal requests by the applicant that includes changes to the activity or the mitigation, monitoring, or reporting excluding changes made pursuant to the adaptive management provision in paragraph c1 of this section that do not change the findings made for the
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regulations or result in no more than a minor change in the total estimated number of takes or distribution by species or years, NMFS Office of Protected Resources may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA.
c An LOA issued under 216.106
of this chapter and 217.126 for the activity identified in 217.120a may be modified by NMFS Office of Protected Resources under the following circumstances:
1 Adaptive managementNMFS
Office of Protected Resources may modify including augment the existing mitigation, monitoring, or reporting measures after consulting with Point Blue regarding the practicability of the modifications if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations.
i Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA include:
A Results from Point Blues monitoring from the previous years;
B Results from other marine mammal and/or sound research or studies; and C Any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs.
ii If, through adaptive management, the modifications to the mitigation, monitoring, or reporting measures are substantial, NMFS Office of Protected Resources will publish a notice of proposed LOA in the Federal Register and solicit public comment.
2 Emergencies. If NMFS Office of Protected Resources determines that an emergency exists that poses a significant risk to the well-being of the species or stocks of marine mammals specified in LOAs issued pursuant to 216.106 of this chapter and 217.126, an LOA may be modified without prior notice or opportunity for public comment. Notice would be published in the Federal Register within thirty days of the action.
217.128217.129

Reserved
FR Doc. 202111029 Filed 52421; 8:45 am BILLING CODE 351022P

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