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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices
TABLE 2ESTIMATED NUMBER OF NORTHERN SEA OTTERS ENSONIFIED BY SOUND LEVELS GREATER THAN 232 dBRMS
LEVEL A DUE TO THE PROPOSED ACTIVITIESContinued Take was calculated by multiplying the area ensonified in each subregion by that subregions sea otter density or specific estimate, then multiplied by the projected days of ensonification Subregion
Habitat type
Density otters/km2

Area impacted km2

Projected days of take
Grays Harbor-WA/OR
border.
N Oregon
S Oregon

2 otter

2

2

4

1 otter
1 otter

1
1

2
3

2
3

Total

5

13

Estimated Stock Total
Percentage of Stock

2,928
0.44

Estimated take/day
Estimated survey total takes
TABLE 3ESTIMATED NUMBER OF NORTHERN SEA OTTERS ENSONIFIED BY SOUND LEVELS GREATER THAN 160 dBRMS
LEVEL B DUE TO THE PROPOSED ACTIVITIES
Take was calculated by multiplying the area ensonified in each subregion by that subregions sea otter density or specific estimate, then multiplied by the projected days of ensonification Subregion
Habitat type
Density otters/km2

Area impacted km2

Estimated take/day
Projected days of take
Estimated survey total takes
North

High <40 m
Low 40100 m
Low 40100 m
Offshore >00 m
High <40 m
Low 40100 m

1.2
.05
.05
0
1.56
0.05

0
0 0
0
0

0
0 0
0
0

0
1 2

2

0
0 0
0
0

Grays HarborWA/OR border
N Oregon
S Oregon

Offshore >100 m

2
2 1
1

Total

0

0

Estimated Stock Total
Percentage of Stock

2,928
0.00

Mid

We expect that up to 13 sea otters may experience Level A and/or Level B take due to harassment by noise Tables 2
and 3. While sea otters in these areas are most likely to be exposed to Level B harassment, during times when sea otters cannot be observed, we are erring on the side of the species and attributing the potential harassment to Level A, thus the total number of otters harassed is accounted for under Level A. The revised transects provided by NSF
resulted in the area of ensonification being beyond the 100-m 328-ft depth contour for the entire coast of Washington; therefore, no otters in waters less than 100 m 328 ft deep are anticipated to be harassed by the activities. The total number of incidental takes of sea otters is expected to be less than 13. Take from sources other than noise is not expected.

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Accounted Accounted Accounted Accounted
Findings The Service proposes the following findings regarding this action:
Small Numbers Determination The statute and legislative history do not expressly require a specific type of numerical analysis for the small take evaluation, leaving the determination of small to the agencys discretion. In this case, we propose a finding that the NSF and LDEO project may result in incidental take of up to 13 otters from the Washington sea otter stock. This represents less than 1 percent of the stock. Predicted levels of take were determined based on estimated density of sea otters in the project area and an ensonification zone developed using empirical evidence from the same geographic area and corrected for the methodology proposed by NSF and L
DEO for this project. Based on these numbers, we propose a finding that the
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Level Level Level Level
A.
A.
A.
A.

NSF and LDEO project will take only a small number of marine mammals.
Negligible Impact We propose a finding that any incidental take by harassment resulting from the proposed activity cannot be reasonably expected to, and is not reasonably likely to, adversely affect the sea otter through effects on annual rates of recruitment or survival and will, therefore, have no more than a negligible impact on the species or stocks. In making this finding, we considered the best available scientific information, including: 1 The biological and behavioral characteristics of the species; 2 the most recent information on species distribution and abundance within the area of the specified activity; 3 the current and expected future status of the stock including existing and foreseeable human and natural stressors; 4 the potential sources of disturbance caused
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