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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules recruitment or survival for any of the affected mysticete species.
Humpback whaleAs noted in the Description of Marine Mammals and Their Habitat in the Area of the Specified Activities section, humpback whales in the PMSR Study Area are part of the ESA-threatened Mexico DPS and ESA-endangered Central America DPS
of the CA/OR/WA stock with an increasing population trend. ESA
Critical Habitat has been proposed in the PMSR Study Area. There are two biologically important areas for humpback whale feeding that overlap with a portion of the PMSR Study Areathe Morro Bay to Point Sal Feeding Area designated from April to November and the Santa Barbara ChannelSan Miguel Feeding Area designated from March to September Calambokidis et al., 2015. Navy testing and training activities that use explosives could occur year round within the PMSR Study Area, although they generally would not occur in these relatively nearshore feeding areas, because both areas are close to the northern Channel Islands NMS, oil production platforms, and major vessel routes leading to and from the ports of Los Angeles and Long Beach. Further, even if some small number of humpback whale takes occurred in these BIAs and were to disrupt feeding behaviors, the short-term nature of the anticipated takes from these activities, combined with the likelihood that they would not occur on more than one day for any individual within a year, means that they are not expected to impact the reproduction or survival of any individuals.
NMFS proposes 12 takes by Level B
harassment would occur see Table 31:
7 takes by behavioral disturbance and 4
takes by TTS for Mexico DPS humpback whales and 1 take by behavioral disturbance and 0 takes by TTS for Central America DPS humpback whales Table 31. Regarding the magnitude of takes by Level B harassment TTS and behavioral disruption, the number of estimated total instances of take compared to the abundance is less than 1 percent Table 31. Regarding the severity of those individual takes by Level B harassment by behavioral disturbance, we have explained that the duration of any exposure is expected to be between seconds and minutes i.e., short duration i.e., of a low level and unlikely to evoke a severe response.
Regarding the severity of takes by TTS, they are expected to be low-level, of short duration not at a level that will impact reproduction or survival.
Altogether, the CA/OR/WA stock includes the ESA-listed Mexico DPS

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threatened and Central America endangered DPS of humpback whales and has an increasing population trend.
There is proposed critical habitat for humpback whales in the PMSR Study Area. Our analysis suggests only a very small portion of the stock will be taken and disturbed at a low-level with those individuals disturbed on likely one day within a year. The proposed takes are not expected to result in impacts on the reproduction or survival of any individuals, let alone have impacts on annual rates of recruitment or survival.
No Level A harassment, serious injury, or mortality is anticipated or proposed for authorization. This low magnitude and severity of harassment effects is not expected to result in impacts on the reproduction or survival of any individuals, let alone have impacts on annual rates of recruitment or survival.
Therefore, the total take will not adversely affect this species through impacts on annual rates of recruitment or survival. For these reasons, we have preliminarily determined, in consideration of all of the effects of the Navys activities combined, that the proposed take will have a negligible impact on humpback whales.
Blue whaleBlue whales are listed as endangered under the ESA throughout their range. The Eastern North Pacific stock occurs in the PMSR Study Area with a stable population trend NMFS
2019; Calambokidis and Barlow, 2020.
There is no ESA-designated critical habitat, but there are three biologically important areas BIAs for feeding identified for blue whales in the PMSR
Study Area. The feeding areas overlap one wholly and two partially with the PMSR Study Area June through October. Navy testing and training activities that use explosives could occur year round within the PMSR
Study Area. However, activities using explosives generally would not take place in the Point Conception/Arguello to Point Sal Feeding Area or the Santa Barbara Channel and San Miguel Feeding Area, because both areas are close to the northern Channel Islands NMS, oil production platforms, and major vessel routes leading to and from the ports of Los Angeles and Long Beach. The SNI feeding area overlaps a part of the PMSR Study Area that has been in high use for Navy testing and training activities for decades. Over the years, there has been very little change in Navy testing and training off SNI, and the waters within Warning Area 289, which overlap with the SNI Feeding Area, are essential for testing and training given their proximity to SNI.
The area is used during activities
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requiring an aerial target impact area, missile launches from SNI, aerial and ship-based gunnery events, and sea surface missile launches. Even if some small number of blue whale takes occurred in these BIAs and were to disrupt feeding behaviors, the shortterm nature of the anticipated takes from these activities, combined with the likelihood that they would not occur on more than one day for any individual within a year, means that they are not expected to impact the reproduction or survival of any individuals.
NMFS proposes to authorize 11 takes by Level B harassment, 7 takes by behavioral disturbance and 4 takes by TTS for blue whales Table 31.
Regarding the magnitude of takes by Level B harassment TTS and behavioral disruption, the number of estimated total instances of take compared to the abundance is less than 1 percent Table 31. Regarding the severity of those individual takes by Level B harassment by behavioral disturbance, we have explained that the duration of any exposure is expected to be between seconds and minutes i.e., short duration i.e., of a lowlevel.
Regarding the severity of takes by TTS, they are expected to be low-level, of short duration not at a level that will impact reproduction or survival.
Altogether, blue whales are listed as endangered, though the Eastern North Pacific stock is stable, and has a very large range. Our analysis suggests that a very small portion of the stock will be taken and disturbed at a low-level, with those individuals disturbed on likely one day within a year. No Level A
harassment, serious injury, or mortality is anticipated or proposed for authorization. This low magnitude and severity of harassment effects is not expected to result in impacts on the reproduction or survival of any individuals, let alone have impacts on annual rates of recruitment or survival.
Therefore, the total take will not adversely affect this species through impacts on annual rates of recruitment or survival. For these reasons, we have preliminarily determined, in consideration of all of the effects of the Navys activities combined, that the proposed take will have a negligible impact on blue whales.
Fin whaleFin whales are listed as endangered under the ESA throughout their range, with no ESA designated critical habitat or known biologically important areas identified for this species in the PMSR Study Area. The population trend for the CA/OR/WA
stock, found in the PMSR Study Area, is increasing NMFS 2019.

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