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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules
by behavioral disturbance, as is expected here, is unlikely to cause longterm consequences for either individual animals or populations.
We note that dwarf and pygmy sperm whales, as HF-sensitive species, have a lower PTS threshold than all other groups and therefore are generally likely to experience larger amounts of TTS and PTS. NMFS accordingly has evaluated slightly higher numbers of take for these species than most odontocetes some of which would have zero takes of TTS/
PTS. Even though the number of TTS
and PTS takes are higher than for other odontocetes, any TTS and PTS is expected to be at a low to moderate level and for all of the reasons described above, TTS and PTS takes are not expected to impact reproduction or survival of any individual.
Neither pygmy sperm whales nor dwarf sperm whales are listed under the ESA, and there are no known biologically important areas identified for these species in the PMSR Study Area. The CA/OR/WA stocks specified for pygmy sperm whales and dwarf sperm whales are found in the PMSR
Study Area. There is no information on trends for these species within the PMSR Study Area. Both pygmy and dwarf sperm whales will benefit from the mitigation measures described earlier in the Proposed Mitigation Measures section.
Regarding the magnitude of Level B
harassment takes TTS and behavioral disruption, the number of estimated total instances of take compared to the abundance is less than 2 percent for both dwarf and pygmy sperm whales in the PMSR Study Area Table 31.
Regarding the severity of those individual Level B harassment takes by behavioral disruption, we have explained that the duration of any exposure is expected to be between seconds and minutes i.e., short duration. Regarding the severity of TTS
takes, they are expected to be low to moderate level, of short duration, and are broadband that would be expected to interfere with dwarf or pygmy sperm whale communication or other important cues. Therefore, the associated lost opportunities and capabilities are not at a level that will impact reproduction or survival. Dwarf sperm whales and pygmy sperm whales could be taken by a small amount of PTS annually, of likely low to moderate severity as described previously. A
small permanent loss of hearing sensitivity PTS may include some degree of energetic costs for compensating or may mean some small loss of opportunities or detection capabilities, but at the expected degree
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the estimated takes by Level A
harassment takes by PTS for dwarf sperm whales and pygmy sperm whales are unlikely to impact behaviors, opportunities, or detection capabilities to a degree that will interfere with reproductive success or survival of any individuals, let alone affect annual rates of recruitment or survival for the species.
Altogether, dwarf and pygmy sperm whales are not listed under the ESA and there are no known population trends.
Our analysis suggests that a small portion of the stock in the PMSR Study Area will be taken, and disturbed at a low to moderate level, with those individuals likely not disturbed on more than one day a year. No serious injury or mortality is anticipated or proposed for authorization. The low magnitude and low to moderate 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. Some individuals are estimated to be taken by PTS of likely low to moderate severity.
A small permanent loss of hearing sensitivity PTS may include some degree of energetic costs for compensating or may mean some small loss of opportunities or detection capabilities, but at the expected scale the estimated takes by Level A
harassment by PTS are unlikely to impact behaviors, opportunities, or detection capabilities to a degree that would interfere with reproductive success or survival of any individuals, let alone affect 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 both dwarf and pygmy sperm whales.
Sperm whaleThis section brings together the broader discussion above with the discussion of the different types and amounts of take that sperm whales could potentially incur, the applicable mitigation, and the status of the species to support the negligible impact determination.
In Table 31 above, we indicate the total annual numbers of take by Level A
and Level B harassment for sperm whales, and a number indicating the instances of total take as a percentage of the abundance within the PMSR Study Area. Note also that, for sperm whales, the abundance within the PMSR Study
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represents only a portion of the species abundance.
As discussed above, the majority of take by Level B harassment by behavioral disturbance of odontocetes, and thereby sperm whales, is expected to be in the form of low severity of a generally shorter duration and is unlikely to cause long-term consequences for either individual animals or populations.
Sperm whales are listed as endangered under the ESA throughout their range, but there is no ESA
designated critical habitat or known biologically important areas identified for this species within the PMSR Study Area. The CA/OR/WA stock occurs in the PMSR Study with a stable population trend NMFS 2019. Sperm whales will benefit from the mitigation measures described earlier in the Proposed Mitigation Measures section.
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 in the PMSR Study Area 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 and of a low level.
Regarding the severity of TTS takes, they are expected to be low-level, of short duration, and mostly not in a frequency band that would be expected to interfere with important lowfrequency cues, and would not be at a level that will impact reproduction or survival.
Altogether, sperm whales are listed as endangered under the ESA and have a stable population trend. Our analysis suggests that very few individuals within the PMSR Study Area 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 sperm whales.

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