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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Notices
herding/intervention efforts are stopped, the Director of OPR, NMFS or designee will advise LDEO that the shutdown around the animals location is no longer needed.
Otherwise, shutdown procedures will remain in effect until the Director of OPR, NMFS or designee determines and advises LDEO that all live animals involved have left the area either of their own volition or following an intervention.
If further observations of the marine mammals indicate the potential for restranding, additional coordination with LDEO will be required to determine what measures are necessary to minimize that likelihood e.g., extending the shutdown or moving operations farther away and to implement those measures as appropriate.
Additional Information RequestsIf NMFS determines that the circumstances of any marine mammal stranding found in the vicinity of the activity suggest investigation of the association with survey activities is warranted, and an investigation into the stranding is being pursued, NMFS will submit a written request to LDEO
indicating that the following initial available information must be provided as soon as possible, but no later than 7
business days after the request for information:
Status of all sound source use in the 48 hours preceding the estimated time of stranding and within 50 km of the discovery/notification of the stranding by NMFS; and
If available, description of the behavior of any marine mammals observed preceding i.e., within 48
hours and 50 km and immediately after the discovery of the stranding.
In the event that the investigation is still inconclusive, the investigation of the association of the survey activities is still warranted, and the investigation is still being pursued, NMFS may provide additional information requests, in writing, regarding the nature and location of survey operations prior to the time period above.
Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival 50 CFR 216.103. A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival i.e., populationlevel effects. An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be taken through harassment, NMFS considers other factors, such as the likely nature of any responses e.g., intensity, duration, the context of any responses e.g., critical reproductive time or location, migration, as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the
number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989
preamble for NMFSs implementing regulations 54 FR 40338; September 29, 1989, the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels.
To avoid repetition, our analysis applies to all species listed in Table 1, given that NMFS expects the anticipated effects of the planned geophysical survey to be similar in nature. Where there are meaningful differences between species or stocks, or groups of species, in anticipated individual responses to activities, impact of expected take on the population due to differences in population status, or impacts on habitat, NMFS has identified species-specific factors to inform the analysis.
As described above, we propose to authorize only the takes estimated to occur outside of Canadian territorial waters Table 7; however, for the purposes of our negligible impact analysis and determination, we consider the total number of takes that are anticipated to occur as a result of the entire survey including the portion of the survey that would occur within the Canadian territorial waters approximately 13 percent of the survey Table 8.

TABLE 8TOTAL ESTIMATED TAKE INCLUDING CANADIAN TERRITORIAL WATERS

Species
Level B
harassment excluding Canadian territorial waters
Level A
harassment excluding Canadian territorial waters
Level B
harassment Canadian territorial waters
Level A
harassment Canadian territorial waters
Total Level B
harassment
Total Level A
harassment
2 1,448
403
31
873
34
57
131
29
120
114
1,374
927
22
290
5,661
990
5,812
1,258
54
2,381
6,850
6,012

0
45
14
1 44
1 2
0 0
0 0
0 0
0 0
178
26
0 0
0 0
0 0

1
666
165
4 69
7 14
22
2 9
9 191
451
22
89
1,825
455
1,213
433
55
2,467
1,429
6,228

0
16
4 0
1 0
0 0
0 0
0 0
0 0
0 36
9 0
0 0
0 0
0

3
2,114
568
35
942
41
71
153
31
129
123
1,565
1,378
44
379
7,486
1,445
7,025
1,691
109
4,848
8,279
12,240

0
61
18
1 45
1 2
0 0
0 0
0 0
0 0
214
35
0 0
0 0
0 0

Gray whale, WNP
Gray whale, ENP
Humpback whale
Blue whale
Fin whale
Sei whale
Minke whale
Sperm whale
Bairds beaked whale
Stejnegers beaked whale
Cuviers beaked whale
Pacific white-sided dolphin
Northern right whale dolphin
Rissos dolphin
Killer whale
Dalls porpoise
Harbor porpoise
Northern fur seal
California sea lion
Steller sea lion, wDPS
Steller sea lion, eDPS
Northern elephant seal
Harbor seal

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