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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations abundances even if each estimated taking occurred to a new individual, which is an unlikely scenario.
Three bottlenose dolphin stocks could occur in the project area: WNA Coastal Northern Migratory, WNA Coastal Southern Migratory, and NNCES stocks.
Therefore, the estimated takes of bottlenose dolphin by Level B
harassment would likely be portioned among these stocks. Based on the stocks respective occurrence in the area, NMFS
estimated that there would be 100 takes from the NNCES stock over the five-year period no more than 36 in one year, with the remaining takes evenly split between the northern and southern migratory coastal stocks. Based on consideration of various factors described below, we have determined the numbers of individuals taken would likely comprise less than one-third of the best available population abundance estimate of either coastal migratory stock.
Both the WNA Coastal Northern Migratory and WNA Coastal Southern Migratory stocks have expansive ranges, and they are the only dolphin stocks thought to make broad-scale, seasonal migrations in coastal waters of the western North Atlantic. Given the large ranges associated with these stocks it is unlikely that large segments of either stock would approach the project area and enter into the Chesapeake Bay. The majority of both stocks are likely to be found widely dispersed across their respective habitat ranges and unlikely to be concentrated in or near the Chesapeake Bay.
Furthermore, the Chesapeake Bay and nearby offshore waters represent the boundaries of the ranges of each of the two coastal stocks during migration. The WNA Coastal Northern Migratory stock occurs during warm water months from coastal Virginia, including the Chesapeake Bay and Long Island, New York. The stock migrates south in late summer and fall. During cold-water months, dolphins may occur in coastal waters from Cape Lookout, North Carolina, to the North Carolina/Virginia.
During JanuaryMarch, the WNA
Coastal Southern Migratory stock appears to move as far south as northern Florida. From April to June, the stock moves back north to North Carolina.
During the warm water months of July August, the stock is presumed to occupy coastal waters north of Cape Lookout, North Carolina, to Assateague, Virginia, including the Chesapeake Bay. There is likely some overlap between the northern and southern migratory stocks during spring and fall migrations, but the extent of overlap is unknown.

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The Chesapeake Bay and waters offshore of its mouth are located on the periphery of the migratory ranges of both coastal stocks although during different seasons. Additionally, each of the migratory coastal stocks are likely to be located in the vicinity of the Chesapeake Bay for relatively short timeframes. Given the limited number of animals from each migratory coastal stock likely to be found at the seasonal migratory boundaries of their respective ranges, in combination with the short time periods two months animals might remain at these boundaries, it is reasonable to assume that takes are likely to occur to only a small portion of either of the migratory coastal stocks.
Both migratory coastal stocks likely overlap with the NNCES stock at various times during their seasonal migrations. The NNCES stock is defined as animals that primarily occupy waters of the Pamlico Sound estuarine system which also includes Core, Roanoke, and Albemarle sounds, and the Neuse River during warm water months July August. Animals from this stock also use coastal waters 1 km from shore of North Carolina from Beaufort north to Virginia Beach, Virginia, including the lower Chesapeake Bay. Comparison of dolphin photo-identification data confirmed that limited numbers of individual dolphins observed in Roanoke Sound have also been sighted in the Chesapeake Bay Young, 2018.
Like the migratory coastal dolphin stocks, the NNCES stock covers a large range. The spatial extent of most small and resident bottlenose dolphin populations is on the order of 500 km2, while the NNCES stock occupies over 8,000 km2 LeBrecque et al. 2015.
Given this large range, it is again unlikely that a preponderance of animals from the NNCES stock would depart the North Carolina estuarine system and travel to the northern extent of the stocks range. However, recent evidence suggests that there is likely a small resident community of NNCES
dolphins of indeterminate size that inhabits the Chesapeake Bay year-round E. Patterson, NMFS, pers. comm..
Many of the dolphin observations in the Chesapeake Bay are likely repeated sightings of the same individuals. The Potomac-Chesapeake Dolphin Project has observed over 1,200 unique animals since observations began in 2015. Resightings of the same individual can be highly variable. Some dolphins are observed once per year, while others are highly regular with greater than 10
sightings per year J. Mann, PotomacChesapeake Dolphin Project, pers.
comm.. Similarly, using available photo-identification data, Engelhaupt et
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al. 2016 determined that specific individuals were often observed in close proximity to their original sighting locations and were observed multiple times in the same season or same year.
Ninety-one percent of re-sighted individuals 100 of 110 in the study area were recorded less than 30 km from the initial sighting location. Multiple sightings of the same individual would considerably reduce the number of individual animals that are taken by Level B harassment. Furthermore, the existence of a resident dolphin population in the Bay would increase the percentage of dolphin takes that are actually re-sightings of the same individuals.
In summary and as described above, the following factors primarily support our determination regarding the incidental take of small numbers of the affected stocks of bottlenose dolphin:
Potential bottlenose dolphin takes in the project area are likely to be allocated among three distinct stocks;
Bottlenose dolphin stocks in the project area have extensive ranges and it would be unlikely to find a high percentage of any one stock concentrated in a relatively small area such as the project area or the Chesapeake Bay;
The Chesapeake Bay represents the migratory boundary for each of the specified dolphin stocks and it would be unlikely to find a high percentage of any stock concentrated at such boundaries; and Many of the takes would likely be repeats of the same animals and likely from a resident population of the Chesapeake Bay.
Based on the analysis contained herein of the planned activity including the required mitigation and monitoring measures and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action.
Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.
Adaptive Management The regulations governing the take of marine mammals incidental to Navy maintenance construction activities
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