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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
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TABLE 18TOTAL PROPOSED M/SI AND LEVEL B HARASSMENT OVER 5 YEARS
20212026
5-Year total M/SI proposed take authorization
Common name
NARW
Humpback whale
Fin whale
Sei whale
Minke whale
Blue whale
Sperm whale
Dwarf sperm whale
Pygmy sperm whale
Killer Whale
Pygmy killer whale
Northern bottlenose whale
Cuviers beaked whale
Mesoplodon beaked whale
Melon-headed whale
Rissos dolphin
Long-finned pilot whale
Short-finned pilot whale
Atlantic white-sided dolphin
White-beaked common dolphin
Short-beaked common dolphin
Atlantic spotted dolphin
Pantropical spotted dolphin
Striped dolphin
Frasers dolphin
Rough toothed dolphin
Clymene dolphin
Spinner dolphin
Bottlenose dolphin1
Harbor Porpoise
Harbor seals 2

0
0 0
0 5
0 0
0 0
0 0
0 0
0 0
3 0
0 3
2 7
2 0
0 0
0 0
0 1 16
7 15

Gray seals 2

15

Annual Level B take LME

Total % of population
Offshore
4 2
6 1
3 1
0 0
0 1
1 0
0 0
0 12
129
129
265
1 520
8 0
0 0
3 19
0 794
236
1,660
4,480
549
336

4
2 7
1 3
2 5
4 4
2 2
1 5
4 1
21
146
146
281
1 520
24
1 41
1

Total 5-yr Level B take 20212026

0
0 1
0 0
1 5
4 4
1 1
1 5
4 1
9 17
17
0 0
0 16
1 41
1 1
0 5
43
0 0

<1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1 <1
4 3
19 <1
5 <1
837 12
236 <1
6,140 8.1

20
10
35
5 15
10
25
20
20
10
10
5 25
20
5 105
730
730
1,325
5 2,600
120
5 205
5 20
95
25
4,185
1,180
30,700

0

885 3.2

4,425

1 Eight 2 For
M/SI takes each from the offshore and northern migratory coastal stocks, over the 5-year period.
Level B takes, the first number is disturbance due to acoustic sources, the second is physical disturbance due to surveys in Penobscot
Bay.

Proposed Mitigation In order to issue an IHA under section 101a5D of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses latter not applicable for this action.
NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility economic and technological of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat 50 CFR
216.104a11.

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In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:
1 The manner in which, and the degree to which, the successful implementation of the measures is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated likelihood, scope, range. It further considers the likelihood that the measure will be effective if implemented probability of accomplishing the mitigating result if implemented as planned, the likelihood of effective implementation probability implemented as planned;
and
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2 The practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.
Mitigation for Marine Mammals and Their Habitat The NEFSC has invested significant time and effort in identifying technologies, practices, and equipment to minimize the impact of the proposed activities on marine mammal species and stocks and their habitat. The mitigation measures discussed here have been determined to be both effective and practicable and, in some cases, have already been implemented by the NEFSC. In addition, while not currently being investigated, any future
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