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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
TABLE 2REPORTED TAKE OBSERVATIONS FROM PREVIOUS IHAS, AND REQUESTED ANNUAL TAKES BY LEVEL B
HARASSMENT
Reported take observations for all activities Species 2014
California sea lion
Northern elephant seal
Pacific harbor seal
Steller sea lion
Northern fur seal
Guadalupe fur seal

2015

10,048
145
284
59
0 0

2016

36,417
175
292
31
0 0

23,173
119
175
32
0 0

2017

2018

22,752
202
234
35
0 0

Authorized takes from most recent IHA

17,487
85
229
5 0
0

Total requested annual takes by Level B
harassment
32,623
239
304
43
0 0

40,059
239
321
65
20
5

TABLE 3AUTHORIZED TAKE BY LEVEL B HARASSMENT AND PERCENT OF MMPA STOCK TAKEN
Species
Stock
Authorized annual take by Level B
harassment
Authorized total take by Level B
harassment
California sea lion
Northern elephant seal
Pacific harbor seal
Steller sea lion
Northern fur seal 2

U.S
California breeding
California
Eastern U.S.
California
Eastern Pacific
Mexico to California

40,059
239
321
72
20
5

200,295
1,195
1,605
360
100
25

Guadalupe fur seal

Percent of Stock 1
15.55
0.13
1.04
0.83
0.14 < 0.01
0.01

1 Reflects
annual take number.
either stock may occur in the project area, for the purposes of calculating the percentage of the stock impacted, the take is being analyzed as if all authorized takes occurred within each stock.
2 As
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Mitigation In order to issue regulations and an LOA under Section 101a5A 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.
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
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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;
2 The practicability of the measures for applicant implementation, which may consider such things as cost and impact on operations.
To reduce the potential for disturbance from acoustic and visual stimuli associated with survey activities, Point Blue will implement the following mitigation measures:
Slow approach to beaches for boat landings to avoid stampede, provide animals opportunity to enter water, and avoid vessel strikes;
Observe a site from a distance, using binoculars if necessary, to detect any marine mammals prior to approach to determine if mitigation is required i.e., if pinnipeds are present, researchers will approach with caution, walking slowly, quietly, and close to the ground to avoid surprising any hauledout individuals and to reduce flushing/
stampeding of individuals;
Avoid pinnipeds along access ways to sites by locating and taking a different access way. Researchers will keep a safe distance from and not approach any marine mammal while conducting
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research, unless it is absolutely necessary to flush a marine mammal in order to continue conducting research i.e., if a site cannot be accessed or sampled due to the presence of pinnipeds;
Avoid visits to sites when pups are present, if the number of takes that have been authorized are met, or if species for which authorization has not been granted are present;
Monitor for offshore predators and do not approach hauled out pinnipeds if great white sharks Carcharodon carcharias or killer whales Orcinus orca are present. If Point Blue and/or its designees see pinniped predators in the area, they must not disturb the pinnipeds until the area is free of predators;
Keep voices hushed and bodies low to the ground in the visual presence of pinnipeds;
Conduct seabird observations at North Landing on SEFI in an observation blind, shielded from the view of hauled out pinnipeds;
Crawl slowly to access seabird nest boxes on ANI if pinnipeds are within view; and Coordinate research visits to intertidal areas of SEFI to reduce potential take and coordinate research activities for ANI to minimize the number of trips to the island.
Based on our evaluation of the applicants proposed measures, and the proven efficacy and practicability of
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