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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations 217.124

Subpart MTaking Marine Mammals Incidental to Seabird Research Activities in Central California 217.120 Specified activity and specified geographical region.

a Regulations in this subpart apply only to the incidental taking of marine mammals during seabird research activities by Point Blue Conservation Science Point Blue and those persons it authorizes or funds to conduct activities on its behalf in the areas outlined in paragraph b of this section.
b The incidental taking of marine mammals by Point Blue may only occur in California on Southeast Farallon Island, Ano Nuevo Island, and Point Reyes National Seashore in accordance with a Letter of Authorization LOA
issued under 216.106 of this chapter and 217.126.
217.121

Effective dates.

Regulations in this subpart are effective from July 1, 2021, through June 30, 2026.
217.122

Permissible methods of taking.

Under LOAs issued pursuant to 216.106 of this chapter and 217.126, the Holder of the LOA hereinafter Point Blue may incidentally, but not intentionally, take marine mammals within the area described in 217.120b by Level B harassment associated with seabird research activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.

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217.123

Prohibitions.

Except for the takings contemplated in 217.120 and authorized by a LOA
issued under 216.106 of this chapter and 217.126, it is unlawful for any person to do any of the following in connection with the activities described in 217.120 may:
a Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under 216.106 of this chapter and 217.126;
b Take any marine mammal not specified in such LOA;
c Take any marine mammal specified in such LOA in any manner other than as specified in 217.122;
d Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or e Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.

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Mitigation requirements.

When conducting the activities identified in 217.120a, the mitigation measures contained in any LOA issued under 216.106 of this chapter and 217.126 must be implemented. These mitigation measures shall include but are not limited to the following general conditions:
a All persons must slowly approach beaches for boat landings. Boat landings must avoid causing stampede and provide marine mammals with an opportunity to safely enter the water.
Vessel strikes are prohibited.
b All persons must 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 must approach with caution, walking slowly, quietly, and close to the ground to avoid surprising any hauled-out marine mammals and to reduce flushing/stampeding of individuals.
c All persons must avoid pinnipeds along access ways to sites by locating and taking a different access way.
Researchers must keep a safe distance from and not approach any marine mammal while conducting 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.
d All persons must 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.
e All persons must monitor for offshore predators and must not approach hauled out pinnipeds if great white sharks Carcharodon carcharias or killer whales Orcinus orca are observed to be present. If Point Blue and/or its designees see pinniped predators in the area, they must not disturb the pinnipeds until the lead biologist determines the area is free of predators based on best professional judgment.
f All persons must keep voices hushed and bodies low to the ground in the visual presence of pinnipeds.
g All persons must conduct seabird observations at North Landing on Southeast Farallon Island in an observation blind, shielded from the view of hauled out pinnipeds.
h All persons must crawl slowly to access seabird nest boxes on Ano Nuevo Island if pinnipeds are within view.
i Researchers must coordinate research visits to intertidal areas of Southeast Farallon Island and
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coordinate research activities for Ano Nuevo Island to minimize the number of trips to these areas.
217.125 Requirements for monitoring and reporting.

a Visual monitoring. When conducting activities under an LOA, Point Blue must conduct a visual monitoring program and record information as required by the LOA and this subpart.
1 Standard information recorded must include species counts with age/
sex classes noted when possible of animals present before approaching, numbers of observed disturbances, and descriptions of the disturbance behaviors during the monitoring surveys, including location, date, and time of the event.
2 The lead biologist must serve as an observer to record incidental take.
3 The lead biologist must record the following:
i The date, time, and location or closest point of ingress of each visit to the research site;
ii Composition of the marine mammals sighted, such as species, sex, and life history stage e.g., adult, subadult, pup;
iii The number by species of marine mammals observed during the activities;
iv Estimated number of marine mammals by species that may have been disturbed during the activities, using a three-point scale of disturbance contained in an LOA issued under 216.106 of this chapter and 217.126.
Disturbance Levels 2 and 3 must be recorded as takes;
v Behavioral responses or modifications in behaviors that may be attributed to the specific activities and a description of the specific activities occurring during that time e.g., pedestrian approach, vessel approach;
vi Information on the weather, including the tidal state and horizontal visibility; and vii If applicable, note the presence of any offshore predators date, time, number, and species.
4 Point Blue must report observations of unusual behaviors, numbers, or distributions of pinnipeds, or of tag-bearing carcasses, to the NMFS
West Coast Regional Office.
b Prohibited take. 1 In the event that personnel discovers an injured or dead marine mammal, Point Blue shall report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS as soon as feasible.
If the death or injury was caused by Point Blues activities, Point Blue must
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