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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
Small Numbers As noted above, only small numbers of incidental take may be authorized under sections 101a5A and D of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, where estimated numbers are available, NMFS compares the number of individuals taken to the most appropriate estimation of abundance of the relevant species or stock in our determination of whether an authorization is limited to small numbers of marine mammals. When the predicted number of individuals to be taken is fewer than one third of the species or stock abundance, the take is considered to be of small numbers.
Additionally, other qualitative factors may be considered in the analysis, such as the temporal or spatial scale of the activities.
Please see Table 18 for information relating to this small numbers analysis.
The total amount of taking proposed for authorization is less than one percent for a majority of stocks, and no more than 12 percent for any given stock.
Based on the analysis contained herein of the proposed activity including the proposed mitigation and monitoring measures and the anticipated take of marine mammals, NMFS preliminarily finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by the issuance of regulations to the NEFSC. 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.
Endangered Species Act 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. To ensure ESA compliance for the issuance of IHAs, NMFS consults whenever we propose to authorize take for endangered or threatened species, in this case with the Greater Atlantic Regional Fisheries Office GARFO.

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NMFS is proposing to authorize take, by Level B harassment only of North Atlantic right, fin, sei, blue and sperm whales, which are listed under the ESA.
Therefore, OPR has requested initiation of Section 7 consultation with the GARFO for the issuance of this IHA.
NMFS will conclude the ESA
consultation prior to reaching a determination regarding the proposed issuance of the authorization.
Adaptive Management The regulations governing the take of marine mammals incidental to NEFSC
fisheries research survey operations would contain an adaptive management component. The inclusion of an adaptive management component will be both valuable and necessary within the context of five-year regulations for activities that have been associated with marine mammal mortality.
The reporting requirements associated with this proposed rule are designed to provide OPR with monitoring data from the previous year to allow consideration of whether any changes are appropriate.
OPR and the NEFSC will meet annually to discuss the monitoring reports and current science and whether mitigation or monitoring modifications are appropriate. The use of adaptive management allows OPR to consider new information from different sources to determine with input from the NEFSC regarding practicability on an annual or biennial 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 monitoring reports, as required by MMPA authorizations; 2 results from general marine mammal research and sound research; and 3 any information which reveals that marine mammals may have been taken in a manner, extent, or number not authorized by these regulations or subsequent LOAs.
Request for Information NMFS requests interested persons to submit comments, information, and suggestions concerning the NEFSC
request and the proposed regulations see ADDRESSES. All comments will be reviewed and evaluated as we prepare final rules and make final determinations on whether to issue the requested authorizations. This notice
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and referenced documents provide all environmental information relating to our proposed action for public review.
Classification The Office of Management and Budget has determined that this proposed rule is not significant for purposes of Executive Order 12866.
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 proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
NMFS is the sole entity that would be responsible for adhering to the requirements in these proposed regulations, and NMFS 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 proposed rule does not contain a collection-of-information requirement subject to the provisions of the Paperwork Reduction Act PRA
because the applicant is a Federal agency. Notwithstanding any other provision of law, no person is required to respond to nor must 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 0648
0151 and include applications for regulations, subsequent LOAs, and reports.
List of Subjects in 50 CFR Part 219
Endangered and threatened species, Fish, Marine mammals, Reporting and recordkeeping requirements, Wildlife.
Dated: May 21, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons stated in the preamble, 50 CFR part 219 is proposed to be amended as follows:
PART 219REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for part 219
continues to read as follows:

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

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