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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules
ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species, in this case with the West Coast Regional Protected Resources Division Office.
No incidental take of ESA-listed species is proposed for authorization or expected to result from this activity.
Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action.
Request for Information NMFS requests interested persons to submit comments, information, and suggestions concerning the Societys request and the proposed regulations see ADDRESSES. All comments will be reviewed and evaluated as we prepare a final rule and make final determinations on whether to issue the requested authorization. This notification and referenced documents provide all environmental information relating to our proposed action for public review.

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Classification Pursuant to the procedures established to implement Executive Order 12866, the Office of Management and Budget has determined that this proposed rule is not significant.
Pursuant to section 605b of the Regulatory Flexibility Act RFA, the Chief Counsel for Regulation of the Department of Commerce has certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
The Society, a 501c3 non-profit whose mission is to preserve the St.
George Reef lighthouse, is the sole entity that would be subject to the requirements in these proposed regulations, and the Society is not a small governmental jurisdiction, small organization, or small business, as defined by the RFA. Because of this certification, a regulatory flexibility analysis is not required and none has been prepared.
This proposed rule contains a collection-of-information requirement subject to the provisions of the Paperwork Reduction Act. These requirements have been approved by OMB under control number 06480151
and include applications for regulations, subsequent LOAs, and reports.
List of Subjects in 50 CFR Part 217
Exports, Fish, Imports, Indians, Labeling, Marine mammals, Penalties, Reporting and recordkeeping requirements, Seafood, Transportation.

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Dated: August 31, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For reasons set forth in the preamble, 50 CFR part 217 is proposed to be amended as follows:
PART 217REGULATIONS
GOVERNING THE TAKE OF MARINE
MAMMALS INCIDENTAL TO
SPECIFIED ACTIVITES
1. The authority citation for part 217
continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Add subpart F to part 217 to read as follows:

Subpart FTaking Marine Mammals Incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California Sec.
217.50 Specified activity and specified geographical region.
217.51 Effective dates.
217.52 Permissible methods of taking.
217.53 Prohibitions.
217.54 Mitigation requirements.
217.55 Requirements for monitoring and reporting.
217.56 Letters of Authorization.
217.57 Renewals and modifications of Letters of Authorization.
217.58 Reserved 217.59 Reserved
Subpart FTaking Marine Mammals Incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California 217.50 Specified activity and specified geographical region.

a Regulations in this subpart apply only to the St. George Reef Lighthouse Preservation Society Society and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph b of this section and that occurs incidental to lighthouse repair and tour operation activities.
b The taking of marine mammals by the Society may be authorized in a Letter of Authorization LOA only if it occurs within Pacific Ocean waters in the vicinity of Northwest Seal Rock near Crescent City, California.
217.51

Effective dates.

Regulations in this subpart are effective from EFFECTIVE DATE OF
FINAL RULE through DATE 5 YEARS
AFTER EFFECTIVE DATE OF FINAL
RULE.

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217.52

Permissible methods of taking.

Under LOAs issued pursuant to 216.106 of this chapter and 217.56, the Holder of the LOA hereinafter Society may incidentally, but not intentionally, take marine mammals within the area described in 217.50b by Level B harassment associated with lighthouse repair and tour operation activities, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.
217.53

Prohibitions.

Except for taking authorized by a LOA
issued under 216.106 of this chapter and 217.56, it shall be unlawful for any person to do any of the following in connection with the activities described in 217.50 may:
a Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under 216.106 of this chapter and 217.56;
b Take any marine mammal not specified in such LOAs;
c Take any marine mammal specified in such LOAs in any manner other than as specified;
d Take a marine mammal specified in such LOAs if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or e Take a marine mammal specified in such LOAs if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.
217.54

Mitigation requirements.

When conducting the activities identified in 217.50a, the mitigation measures contained in any LOA issued under 216.106 of this chapter and 217.56 must be implemented. These mitigation measures shall include but are not limited to:
a General conditions. 1 A copy of any issued LOA must be in the possession of the Society, supervisory personnel, pilot, protected species observers PSOs, and any other relevant designees of the Holder operating under the authority of this LOA at all times that activities subject to this LOA are being conducted.
2 The Society shall conduct training between supervisors and crews and the marine mammal monitoring team and relevant Society staff prior to the start of all trips and when new personnel join the work, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. Visitors to the Station will be instructed to avoid
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