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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
3, which NMFS considers to be small relative to stock abundance. In fact, for all species but California sea lions, the annual take by Level B harassment is less than 2 percent of stock abundance.
Additionally, these are all likely conservative estimates because we assume all takes are of different individual animals which is likely not the case considering haulout site fidelity in pinnipeds.
Based on the analysis contained herein of Point Blues 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.

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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 Point Blues seabird research activities would contain an adaptive management component.
The reporting requirements associated with this rule are designed to provide NMFS with monitoring data from the previous year to allow consideration of whether any changes are appropriate.
The use of adaptive management allows NMFS to consider new information from different sources to determine with input from Point Blue regarding practicability on an annual basis if mitigation or monitoring measures should be modified including additions or deletions. Mitigation measures could be modified if new data suggests that such modifications would have a reasonable likelihood of reducing adverse effects to marine mammals and if the measures are practicable.
The following are some of the possible sources of applicable data to be considered through the adaptive management process: 1 Results from Point Blues monitoring from the previous years; 2 results from other marine mammal research or studies; and 3 any information that reveals marine mammals may have been taken in a manner, extent or number not authorized by these regulations or subsequent LOAs.

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To comply with the National Environmental Policy Act of 1969
NEPA; 42 U.S.C. 4321 et seq. and NOAA Administrative Order NAO
2166A, NMFS must review our proposed action i.e., the issuance of a final rule and subsequent LOAs with respect to potential impacts on the human environment. This action is consistent with categories of activities identified in Categorical Exclusion B4
incidental harassment authorizations IHAs with no anticipated serious injury or mortality of the Companion Manual for NOAA Administrative Order 2166A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Accordingly, NMFS has determined that the issuance of the final rule qualifies to be categorically excluded from further NEPA review.

economic impact on a substantial number of small entities. Point Blue is the sole entity that would be subject to the requirements in these regulations, and Point Blue is not a small governmental jurisdiction, small organization, or small business, as defined by the RFA. Because of this certification, a regulatory flexibility analysis is not required and none has been prepared.
This final rule contains a collectionof-information requirement subject to the provisions of the Paperwork Reduction Act PRA. Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA unless that collection of information displays a currently valid OMB control number. These requirements have been approved by OMB under control number 06480151
and include applications for regulations, subsequent LOAs, and reports.

Endangered Species Act ESA

List of Subjects in 50 CFR Part 217

Section 7a2 of the Endangered Species Act of 1973 ESA: 16 U.S.C.
1531 et seq. requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat.
The NMFS Office of Protected Resources is authorizing the incidental take of Guadalupe fur seals which are listed under the ESA. We requested initiation of consultation under section 7 of the ESA with NMFS West Coast Region WCR on August 26, 2020, for the issuance of this LOA. On September 2, 2020, NMFS WCR determined our issuance of the LOA to Point Blue was not likely to adversely affect the Guadalupe fur seal or the critical habitat of any ESA-listed species or result in the take of any marine mammals in violation of the ESA.

Exports, Fish, Imports, Indians, Labeling, Marine mammals, Penalties, Reporting and recordkeeping requirements, Seafood, Transportation.

National Environmental Policy Act
Classification Pursuant to the procedures established to implement Executive Order 12866, the Office of Management and Budget has determined that this final rule is not significant.
Pursuant to section 605b of the Regulatory Flexibility Act RFA, the Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this action would not have a significant
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Dated: May 20, 2021
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For reasons set forth in the preamble, NOAA amends 50 CFR part 217 as follows:
PART 217REGULATIONS
GOVERNING THE TAKE OF MARINE
MAMMALS INCIDENTAL TO
SPECIFIED ACTIVITES
1. The authority citation for part 217
continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Add subpart M to read as follows:

Subpart MTaking Marine Mammals Incidental to Seabird Research Activities in Central California Sec.
217.120 Specified activity and specified geographical region.
217.121 Effective dates.
217.122 Permissible methods of taking.
217.123 Prohibitions.
217.124 Mitigation requirements.
217.125 Requirements for monitoring and reporting.
217.126 Letters of Authorization.
217.127 Renewals and modifications of Letters of Authorization.
217.128217.129 Reserved
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