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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules
SGRLPS 2012, 2018. Four trips were conducted in 2018 February, March, April, and November; only the November session reported any individuals three on site SGRLPS
2018. One restoration trip was conducted in November 2019 and had 22 Steller sea lions present SGRLPS
2020. In the event of an emergency trip to the lighthouse for repairs in summer, or if deed restrictions are changed, more Steller sea lions may be present in June and July up to 350400 animals based on CCR 2001.
The maximum number of California sea lions present per day 160 was observed during the November 2011
trip. The April and November 2011 trip maximums were 2 and 430 individuals, respectively SGRLPS 2011. Zero California sea lions were reported during the March 2012 trip SGRLPS
2012. In 2017, the Society reported 16
and zero California sea lions during March and April trips, and 16 during a November trip for a landing zone inspection SGRLPS 2017. Observations for the 2018 season totaled 40
individuals among its four trips SGRLPS 2018. Eighteen California sea lions were reported during the November 2019 trip with a maximum of 10 per day SGRLPS 2020. Should deed restrictions be altered to allow access during summer months, numbers could be somewhat higher based on the data in CCR 2001.
Northern fur seals have not been observed during any of the Societys
work from 2010 through 2019 SGRLPS
2010; 2011; 2012; 2017; 2018; 2020.
The Society first reported 2 Pacific harbor seals on site during the March 2012 restoration trip SGRLPS 2012.
Zero harbor seals were reported during the 2017, 2018, or 2019 work seasons SGRLPS 2017; 2018; 2020.
Take Calculation and Estimation Here we describe how the information provided above is brought together to produce a quantitative take estimate.
The monitoring observations described above serve as the underpinnings of the take estimate calculation used to determine the actual number of marine mammals that may be subject to take.
Take estimates for each species for which take would be authorized were based on the following equation:
Take estimate per species = maximum number of observations/day during prior monitoring number of proposed operations days Based on the Societys previous monitoring reports, the maximum number of observations per day for each species is: Steller sea lions 155, California sea lions 160, and Pacific harbor seals 2. No Northern fur seals have been seen in prior project monitoring but one was observed during the survey work for this project by CCR
2001, so we use one for these calculations.
As discussed above, The Society is proposing no more than 70 flight days
per year. This is an optimistic estimate that far exceeds prior efforts, but given adequate funding there is the need for extensive restoration work to the Station so the Society requested consideration of the additional days of work in the take estimate. Therefore NMFS
estimates that approximately 10,850
Steller sea lions calculated by multiplying the maximum single-day count of Steller sea lions that could be present 155 by 70 days of activities, 11,200 California sea lions, 140 Pacific harbor seals, and 70 Northern fur seals could be potentially taken by Level B
behavioral harassment annually over the course of this rulemaking Table 3.
NMFS bases these estimates of the numbers of marine mammals that might be affected on consideration of the number of marine mammals that could be on NWSR in a worst case scenario based on prior monitoring. Should deed restrictions be altered to allow access during summer months, numbers of California sea lions and Stellers sea lions could be somewhat higher during a couple of those months based on the data in CCR 2001. Given these increases are limited in duration, only a fraction of the potential flight days could occur in summer, and the conservative nature of the maximum daily counts relative to the average observed animal counts from prior monitoring discussed above, we believe the proposed take estimates are adequately precautionary.

TABLE 3PROPOSED ANNUAL LEVEL B HARASSMENT TAKE CALCULATIONS AND PERCENTAGE OF EACH STOCK AFFECTED
Maximum number per day
Species California sea lion
Steller sea lion
Pacific harbor seal
Northern fur seal

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Proposed Mitigation In order to promulgate regulations and issue LOAs under Section 101a5A of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses latter not applicable for this action.
NMFS does not have a regulatory definition for least practicable adverse impact. NMFS regulations require
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160
155
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applicants for incidental take authorizations to include information about the availability and feasibility economic and technological of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat 50 CFR
216.104a11.
In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:

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Days of proposed activity
Proposed take 70
70
70
70

11,200
10,580
140
70

Percent of stock 4.3
25.1
0.5
0.5

1 The manner in which, and the degree to which, the successful implementation of the measures is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat. This considers the nature of the potential adverse impact being mitigated likelihood, scope, range. It further considers the likelihood that the measure will be effective if implemented probability of accomplishing the mitigating result if implemented as planned, the likelihood of effective implementation probability implemented as planned, and;

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