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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules
vessels to bow-ride. These species are often considered generally less sensitive to disturbance. Dolphins and small whales that reside in deeper waters and generally have fewer interactions with human activities are more likely to demonstrate more typical avoidance reactions and foraging interruptions as described above in the odontocete overview.
All the dolphin and small whale species discussed in this section will benefit from the mitigation measures described earlier in the Proposed Mitigation Measures section.
None of the small whale and dolphin species are listed as endangered or threatened species under the ESA.
There are CA/OR/WA stocks for most of the small whales and dolphins found in the PMSR Study Area and most have unknown population trends, with the exception of the Short-beaked common dolphin that has a stable population trend and the Long-beaked common dolphin California stock that has an increasing population trend.
Regarding the magnitude of takes by Level B harassment TTS and behavioral disturbance, the number of estimated total instances of take compared to the abundance is less than one percent for the dolphins and small whales in the PMSR Study Area Table 31. Regarding the severity of those individual takes by Level B harassment by behavioral disturbance, we have explained the duration of any exposure is expected to be between seconds and minutes i.e., short duration. Regarding the severity of takes by TTS, they are expected to be low-level, of short duration and not at a level that will impact reproduction or survival. One to two individuals each of four species Bottlenose dolphin, Northern right whale dolphin, Pacific white-dolphin, Rissos dolphin are estimated to be taken by one to two PTS
annually, of likely low severity as described previously. Slightly more takes by PTS for short-beaked common dolphin and long-beaked common dolphin are proposed for authorization, 15 and 9 takes, respectively. A small permanent loss of hearing sensitivity 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 will interfere with reproductive success or survival of any individuals, let alone affect annual rates of recruitment or survival.
Altogether, none of the small whale or dolphin species are listed under the
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ESA and there are no known population trends for most species. No serious injury or mortality is anticipated or proposed for authorization. Our analysis suggests that only a small portion of the individuals of any of these species in the PMSR Study Area will be taken and disturbed at a low level, with those individuals likely disturbed no more than a day a year. Some take by PTS for five dolphin species is anticipated and proposed for authorization, but at the expected scale the estimated take by Level A harassment by PTS is unlikely to impact behaviors, opportunities, or detection capabilities to a degree that would interfere with reproductive success or survival of any individuals, let alone annual rates of recruitment or survival. 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 these 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 authorized take will have a negligible impact on all of these species of small whales and dolphins.
Pinnipeds This section builds on the broader discussion above and brings together the discussion of the different types and amounts of take that different species and stocks of pinnipeds will likely incur, the applicable mitigation, and the status of the species and stocks to support the negligible impact determinations for each species or stock.
We have described above in the General Negligible Impact Analysis section the unlikelihood of any masking having effects that will impact the reproduction or survival of any of the individual marine mammals affected by the Navys activities. We have also described in the Potential Effects of Specified Activities on Marine Mammals and their Habitat section of this proposed rule that the specified activities would not have adverse or long-term impacts on marine mammal habitat, and therefore the unlikelihood of any habitat impacts affecting the reproduction or survival of any individual marine mammals affected by the Navys activities. For pinnipeds, no serious injury or mortality is anticipated or proposed for authorization. Here, we include information that applies to all of the pinniped species and stocks.

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In Table 31 and 32 above, we indicate the total annual numbers of take by Level A and Level B harassment for pinnipeds, and a number indicating the instances of total take as a percentage of the abundance within the PMSR Study Area by explosives and also by missile and rocket launch activities on SNI.
Note also that, for pinniped species and stocks, the abundance within the PMSR
Study Area represents only a portion of the species abundance.
The majority of take by Level B
harassment by behavioral disturbance of pinnipeds, is expected to be in the form of low severity of short duration for explosives and low to moderate severity of short duration for target and missile launches on SNI and is unlikely to cause long-term consequences for either individual animals or populations.
Pinnipeds in the PMSR Study Area are not listed under the ESA with the exception of the threatened Guadalupe fur seal Mexico stock, but there is no ESA designated critical habitat for the Guadalupe fur seal. Pupping does occur on SNI beaches, January through July.
The Guadalupe fur seal has an increasing population trend.
Nevertheless, there is an active UME for Guadalupe fur seal. Since 2015, there have been 492 strandings of Guadalupe fur seals including live and dead seals.
However, we do not anticipate any mortality or impacts on reproduction or survival of any individuals, and, given the low magnitude and severity of effects from Level B harassment only 2
Level B harassment takes annually, even with the UME they will not result in impacts on individual reproduction or survival, much less annual rates of recruitment or survival. Therefore, population-level effects to Guadalupe fur seal from the Navys activities despite the UME are not anticipated.
The California sea lion UME was recently closed, as elevated strandings occurred from 20132016. The U.S.
stock of California sea lions has an increasing population trend. The California stocks of Northern Elephant seal and Northern fur seals also have an increasing population trend. The California stock of harbor seals has a stable population trend. Pinnipeds 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 for explosives, the number of estimated total instances of take compared to the abundance is approximately 1 percent or less in the PMSR Study Area Table 31. Regarding the magnitude of takes by Level B
harassment TTS and behavioral
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