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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Proposed Rules Subpart BTaking and Importing Marine Mammals; U.S. Navys Point Mugu Sea Range PMSR Training and Testing PMSR Study Area 218.10 Specified activity and geographical region.

a Regulations in this subpart apply only to the U.S. Navy for the taking of marine mammals that occurs in the area described in paragraph b of this section and that occurs incidental to the activities listed in paragraph c of this section.
b The taking of marine mammals by the Navy under this subpart may be authorized in a Letter of Authorization LOA only if it occurs within the Point Mugu Sea Range PMSR Training and Testing Study Area. The PMSR Study Area is located adjacent to Los Angeles, Ventura, Santa Barbara, and San Luis
Obispo Counties along the Pacific Coast of Southern California and includes a 36,000-square-mile sea range. The two primary components of the PMSR
Complex are Special Use Airspace and the ocean Operating Areas.
c The taking of marine mammals by the Navy is only authorized if it occurs incidental to the Navy conducting training and testing activities, including:
1 Training.
i Air warfare;
ii Electronic warfare; and iii Surface warfare.
2 Testing.
i Air warfare;
ii Electronic warfare; and iii Surface warfare.
218.11

Effective dates.

Regulations in this subpart are effective from October 31, 2021, through October 30, 2028.

218.12

Permissible methods of taking.

a Under an LOA issued pursuant to 216.106 of this chapter and 218.16, the Holder of the LOA hereinafter Navy may incidentally, but not intentionally, take marine mammals within the area described in 218.10b by Level A harassment and Level B
harassment associated with the use of explosives and missile launch activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the applicable LOA.
b The incidental take of marine mammals by the activities listed in 218.10c is limited to the species and stocks listed in Table 1 of this section.

TABLE 1 TO 218.12b Common name
Scientific name
Stock
Blue whale
Fin whale
Gray whale
Humpback whale
Minke whale
Common Bottlenose dolphin
Dalls porpoise
Dwarf sperm whale
Long-beaked common dolphin
Mesoplodont beaked whales 4
Northern right whale dolphin
Pacific white-sided dolphin
Pygmy killer whale
Pygmy sperm whale
Rissos dolphins
Short-beaked common dolphin
Sperm whale
Striped dolphin
Harbor seal
Northern elephant seal
California sea lion
Guadalupe fur seal

Balaenoptera musculus
Balaenoptera physalus
Eschrichtius robustus
Megaptera novaeangliae
Balaenoptera acutorostrata
Tursiops truncatus
Phocoenoides dalli
Kogia sima
Delphinus capensis
Mesoplodon spp
Lissodelphis borealis
Lagenorhynchus obliquidens
Feresa attenuata.
Kogia breviceps
Grampus griseus
Delphinus delphis
Physeter macrocephalus
Stenella coeruleoalba
Phoca vitulina
Mirounga angustirostris
Zalophus californianus
Arctocephalus townsendi

Eastern North Pacific.
California, Oregon, and Washington.
Eastern North Pacific.
California, Oregon, Washington.
California, Oregon, and Washington.
California, Oregon, and Washington Offshore.
California, Oregon, and Washington.
California, Oregon, and Washington.
California.
California, Oregon, and Washington.
California, Oregon, and Washington.
California, Oregon, and Washington.

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218.13

Prohibitions.

Notwithstanding incidental takings contemplated in 218.12a and authorized by an LOA issued under 216.106 of this chapter and 218.16, no person in connection with the activities listed in 218.10c may:
a Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or an LOA issued under 216.106 of this chapter and 218.16;
b Take any marine mammal not specified in 218.12b;
c Take any marine mammal specified in 218.12b in any manner other than as specified in the LOA
issued under 216.106 of this chapter and 218.16;
d Take a marine mammal specified in 218.12b if NMFS determines such
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taking results in more than a negligible impact on the species or stock of such marine mammal.
218.14

Mitigation requirements.

When conducting the activities identified in 218.10c, the mitigation measures contained in any LOA issued under 216.106 of this chapter and 218.16 must be implemented. These mitigation measures include, but are not limited to:
a Procedural mitigation. Procedural mitigation is mitigation that the Navy must implement whenever and wherever an applicable training or testing activity takes place within the PMSR Study Area for each applicable activity category or stressor category and includes acoustic stressors i.e.,
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California, Oregon, and California, Oregon, and California, Oregon, and California, Oregon, and California, Oregon, and California.
California.
U.S. Stock.
Mexico to California.

Washington.
Washington.
Washington.
Washington.
Washington.

weapons firing noise, explosive stressors i.e., medium-caliber and largecaliber projectiles, missiles and rockets, bombs, and physical disturbance and strike stressors i.e., vessel movement;
towed in-water devices; small-, medium-, and large-caliber nonexplosive practice munitions; nonexplosive missiles and rockets; and nonexplosive bombs.
1 Environmental awareness and education. Appropriate Navy personnel including civilian personnel involved in mitigation and training or testing reporting under the specified activities will complete one or more modules of the U.S Navy Afloat Environmental Compliance Training Series, as identified in their career path training
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