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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules
takeoffs and landings a PSO will be stationed on the platform of the lantern room gallery or on the last departing helicopter;
Aerial photo coverage of the island will be completed by an observer using a high definition camera. Photographs of all marine mammals hauled out on the island will be taken at an altitude greater than 300 meters. Photographs of marine mammals present at the last flight of the day will be taken from the helicopter or from the lantern room gallery platform just before the last flight; and The Society and/or its designees must forward the photographs to a biologist capable of discerning marine mammal species if one is not present on the trip. The Society must provide the data to NMFS in the form of a report with a data table, any other significant observations related to marine mammals, and a report of restoration activities. The Society must make available the original photographs to NMFS or to other marine mammal experts for inspection and further analysis.

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Reporting A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of each activity period, or 60 days prior to a requested date of issuance of any future LOAs for projects at the same location, whichever comes first. For the first year of the activities, at least, the reports will be submitted quarterly;
following submission of the first three quarterly reports, NMFS will evaluate whether it is appropriate to modify subsequent annual LOAs require annual reports, based on whether the information provided in the first three quarterly reports adequately complies with the requirement. The report will include an overall description of work completed, a narrative regarding marine mammal sightings, and associated PSO
data sheets. Specifically, the report must include:
Dates and times begin and end of all marine mammal monitoring.
Activities occurring during each daily observation period.
PSO locations during marine mammal monitoring.
Environmental conditions during monitoring periods at beginning and end of PSO shift and whenever conditions change significantly, including Beaufort sea state and any other relevant weather conditions including cloud cover, fog, sun glare, and overall visibility to the horizon, and estimated observable distance.

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Upon each flight, the following information will be reported: Name of PSO who sighted the animals and PSO
location and activity at time of sighting;
time of sighting; identification of the animals e.g., genus/species, lowest possible taxonomic level, or unidentified, PSO confidence in identification, and the composition of the group if there is a mix of species;
distance and bearing of the nearest marine mammal observed relative to the activity for each flight; estimated number of animals min/max/best estimate; estimated number of animals by cohort adults, juveniles, neonates, group composition, etc.; animals closest point of approach to activity;
and description of any marine mammal behavioral observations e.g., observed behaviors such as feeding or traveling, including an assessment of behavioral responses thought to have resulted from the activity e.g., no response or changes in behavioral state such as ceasing feeding, changing direction, flushing using pinniped disturbance scale Table 2.
Number of marine mammals detected, by species.
Detailed information about any implementation of any mitigation triggered, a description of specific actions that ensued, and resulting changes in behavior of the animals, if any.
If no comments are received from NMFS within 30 days, the draft final report will constitute the final report. If comments are received, a final report addressing NMFS comments must be submitted within 30 days after receipt of comments.
Reporting Injured or Dead Marine Mammals In the event that personnel involved in the activities discover an injured or dead marine mammal, the LOA-holder must immediately cease the specified activities and report the incident to the Office of Protected Resources OPR
PR.ITP.MonitoringReports@noaa.gov, NMFS and to West Coast Regional Stranding Coordinator as soon as feasible. If the death or injury was clearly caused by the specified activity, the Society must immediately cease the specified activities until NMFS is able to review the circumstances of the incident and determine what, if any, additional measures are appropriate to ensure compliance with the terms of the LOA and regulations. The LOA-holder must not resume their activities until notified by NMFS. The report must include the following information:
Time, date, and location latitude/
longitude of the first discovery and
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updated location information if known and applicable;
Species identification if known or description of the animals involved;
Condition of the animals including carcass condition if the animal is dead;
Observed behaviors of the animals, if alive;
If available, photographs or video footage of the animals; and General circumstances under which the animal was discovered.
Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival 50 CFR 216.103. A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival i.e., populationlevel effects. An estimate of the number of takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be taken through harassment, NMFS considers other factors, such as the likely nature of any responses e.g., intensity, duration, the context of any responses e.g., critical reproductive time or location, migration, as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989
preamble for NMFSs implementing regulations 54 FR 40338; September 29, 1989, the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels.
Activities associated with the restoration, light maintenance and tour projects, as described previously, have the potential to disturb or displace marine mammals. Specifically, the specified activities may result in take, in the form of Level B harassment behavioral disturbance from in-air sounds and visual disturbance. Potential takes could occur if individual marine mammals are present nearby when activity is happening.

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