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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices as this group is relatively insensitive to sound produced at the predominant frequencies in an airgun pulse while also having a relatively high threshold for the onset of auditory injury i.e., permanent threshold shift.
A large body of anecdotal evidence indicates that small dolphins commonly approach vessels and/or towed arrays during active sound production for purposes of bow riding, with no apparent effect observed in those delphinoids e.g., Barkaszi et al., 2012, 2018. The potential for increased shutdowns resulting from such a measure would require the Langseth to revisit the missed track line to reacquire data, resulting in an overall increase in the total sound energy input to the marine environment and an increase in the total duration over which the survey is active in a given area. Although other mid-frequency hearing specialists e.g., large delphinids are no more likely to incur auditory injury than are small dolphins, they are much less likely to approach vessels. Therefore, retaining a shutdown requirement for large delphinids would not have similar impacts in terms of either practicability for the applicant or corollary increase in sound energy output and time on the water. We do anticipate some benefit for a shutdown requirement for large delphinids in that it simplifies somewhat the total range of decisionmaking for PSOs and may preclude any potential for physiological effects other than to the auditory system as well as some more severe behavioral reactions for any such animals in close proximity to the source vessel.
Visual PSOs shall use best professional judgment in making the decision to call for a shutdown if there is uncertainty regarding identification i.e., whether the observed marine mammals belongs to one of the delphinid genera for which shutdown is waived or one of the species with a larger EZ.
LDEO must implement shutdown if a marine mammal species for which take was not authorized, or a species for which authorization was granted but the takes have been met, approaches the Level A or Level B harassment zones. L
DEO must also implement shutdown if any of the following are observed at any distance:
Any large whale defined as a sperm whale or any mysticete species with a calf defined as an animal less than two-thirds the body size of an adult observed to be in close association with an adult;
An aggregation of six or more large whales; and/or A North Pacific right whale.

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Vessel Strike Avoidance 1. Vessel operators and crews must maintain a vigilant watch for all protected species and slow down, stop their vessel, or alter course, as appropriate and regardless of vessel size, to avoid striking any marine mammal. A visual observer aboard the vessel must monitor a vessel strike avoidance zone around the vessel distances stated below. Visual observers monitoring the vessel strike avoidance zone may be third-party observers i.e., PSOs or crew members, but crew members responsible for these duties must be provided sufficient training to 1 distinguish marine mammals from other phenomena and 2
broadly to identify a marine mammal as a right whale, other whale defined in this context as sperm whales or baleen whales other than right whales, or other marine mammal.
2. Vessel speeds must also be reduced to 10 kn or less when mother/calf pairs, pods, or large assemblages of cetaceans are observed near a vessel.
3. All vessels must maintain a minimum separation distance of 500 m from right whales. If a whale is observed but cannot be confirmed as a species other than a right whale, the vessel operator must assume that it is a right whale and take appropriate action.
4. All vessels must maintain a minimum separation distance of 100 m from sperm whales and all other baleen whales.
5. All vessels must, to the maximum extent practicable, attempt to maintain a minimum separation distance of 50 m from all other marine mammals, with an understanding that at times this may not be possible e.g., for animals that approach the vessel.
6. When marine mammals are sighted while a vessel is underway, the vessel shall take action as necessary to avoid violating the relevant separation distance e.g., attempt to remain parallel to the animals course, avoid excessive speed or abrupt changes in direction until the animal has left the area. If marine mammals are sighted within the relevant separation distance, the vessel must reduce speed and shift the engine to neutral, not engaging the engines until animals are clear of the area. This does not apply to any vessel towing gear or any vessel that is navigationally constrained.
7. These requirements do not apply in any case where compliance would create an imminent and serious threat to a person or vessel or to the extent that a vessel is restricted in its ability to maneuver and, because of the restriction, cannot comply.

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We have carefully evaluated the suite of mitigation measures described here and considered a range of other measures in the context of ensuring that we prescribe the means of effecting the least practicable adverse impact on the affected marine mammal species and stocks and their habitat. Based on our evaluation of the proposed measures, as well as other measures considered by NMFS described above, NMFS has preliminarily determined that the mitigation measures provide the means of effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.
Mitigation Measures in Canadian Waters As stated previously, NMFS cannot authorize the incidental take of marine mammals in the territorial seas of foreign nations, as the MMPA does not apply in those waters. LDEO is required to adhere to the mitigation measures described above while operating within the U.S. EEZ and Canadian EEZ. The requirements do not apply within Canadian territorial waters. NMFS expects that DFO may prescribe mitigation measures that would apply to LDEOs survey operations within the Canadian EEZ and Canadian territorial waters but is currently unaware of the specifics of any potential measures. While operating within the Canadian EEZ but outside Canadian territorial waters, if mitigation requirements prescribed by NMFS differ from the requirements established under Canadian law, LDEO would adhere to the most protective measure. For operations in Canadian territorial waters, LDEO would implement measures required under Canadian law if any. If information regarding measures required under Canadian law becomes available prior to NMFS final decision on this request for IHA, NMFS
will consider it as appropriate in making its negligible impact determination.
Proposed Monitoring and Reporting In order to issue an IHA for an activity, Section 101a5D of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking.
The MMPA implementing regulations at 50 CFR 216.104 a13 indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine
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