[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Rules and Regulations]
[Pages 27245-27254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-11748]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 217
[Docket No. 250623-0106]
RIN 0648-BN36
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys
Along the Oregon and California Coasts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; notification of issuance of Letter of
Authorization.
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SUMMARY: NMFS, upon request from the University of California Santa
Cruz (UCSC), hereby issues regulations to govern the unintentional
taking of marine mammals incidental to rocky intertidal monitoring
surveys along the Oregon and California coasts over the course of 5
years (2025-2030). These regulations, which allow for the issuance of a
Letter of Authorization (LOA) for the incidental take of marine mammals
during the described activities and specified timeframes, prescribe the
permissible methods of taking and other means of effecting the least
practicable adverse impact on marine mammal species or stocks and their
habitat, as well as requirements pertaining to the monitoring and
reporting of such taking.
DATES: This rule is effective from June 26, 2025, through June 26,
2030.
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruzs-rocky-intertidal-monitoring. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Jennifer Gatzke, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Regulatory Action
This rule establishes a framework under the authority of the MMPA
(16 U.S.C. 1361 et seq.) and authorizes, for a 5-year period (2025-
2030), take of marine mammals incidental to the UCSC/MARINe's rocky
intertidal research activities in Oregon and California.
NMFS received an incidental take authorization (ITA) application
from the UCSC/MARINe requesting 5-year regulations and an LOA to take
four species of marine mammals by Level B harassment (Application).
Take of harbor seal (Phoca vitulina richardii), Steller sea lion
(Eumetopias jubatus), northern elephant seal (Mirounga angustirostris),
and California sea lion (Zalophus californianus) would occur by Level B
harassment only, incidental to visual and auditory disturbance of
pinnipeds occurring near research sites. No mortality or serious injury
is anticipated or authorized. Please see the Estimated Take of Marine
Mammals section below for definitions of harassment.
A previous incidental take authorization was issued in association
with this ongoing, long-term project. That authorization was issued to
the UCSC Partnership for Interdisciplinary Studies of Coastal Oceans
(referred to as UCSC/PISCO). Additional information about that action
can be found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruz-rocky-intertidal-monitoring-0.
Legal Authority for the Proposed Action
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
[[Page 27246]]
geographical region if certain findings are made, regulations are
promulgated, and public notice and an opportunity for public comment
are provided.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat. NMFS will
pay particular attention to (1) rookeries, mating grounds, and areas of
similar significance, (2) the availability of the species or stocks for
taking for certain subsistence uses (referred to as ``mitigation''),
and (3) the requirements pertaining to the mitigation, monitoring and
reporting of the takings are set forth. The definitions of all
applicable MMPA statutory terms cited above are included below.
Section 101(a)(5)(A) of the MMPA and the implementing regulations
at 50 CFR part 216, subpart I, provide the legal basis for issuing 5-
year regulations and an associated LOA. This rule establishes required
mitigation, monitoring, and reporting requirements for the UCSC/
MARINe's activities.
Summary of Major Provisions Within the Proposed Rule
The following is a summary of the major provisions of this rule
regarding UCSC/MARINe's research activities. These provisions include
measures requiring:
Mitigation to minimize impact to pinnipeds and avoid
disruption to dependent pups including several measures to approach
haulouts cautiously to minimize disturbance, especially when pups are
present; and
Monitoring of the research areas to detect the presence of
marine mammals before initiating surveys.
Summary of Request
On September 6, 2024, NMFS received a request from the UCSC/MARINe
for an authorization to take marine mammals incidental to rocky
intertidal monitoring surveys along the Oregon and California coasts.
Following NMFS' review of the application, UCSC/MARINe submitted a
revised version that was deemed adequate and complete on November 26,
2024. UCSC/MARINe's request is for incidental take of four pinniped
species by Level B harassment only; harbor seal, Steller sea lion,
northern elephant seal, and California sea lion. Neither UCSC/MARINe
nor NMFS expect serious injury or mortality to result from this
activity.
NMFS previously issued seven IHAs (77 FR 72327, December 5, 2012;
78 FR 79403, December 30, 2013; 79 FR 73048, December 9, 2014; 81 FR
7319, February 11, 2016; 82 FR 12568, March 6, 2017; 83 FR 11696, March
16, 2018; 84 FR 17784, April 26, 2019) to the UCSC Partnership for
Interdisciplinary Studies of Coastal Oceans (UCSC/PISCO) for this work
before issuing a final rule and associated LOA in 2020 (85 FR 18459,
April 2, 2020). UCSC/PISCO complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHAs and LOA.
UCSC/PISCO monitoring results from 2013 to 2024 may be found in the
Application, which is available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruzs-rocky-intertidal-monitoring.
Description of Activity
UCSC/MARINe has been authorized to conduct rocky intertidal
monitoring work for over 20 years. This work focuses on understanding
the nearshore ecosystems of the U.S. West Coast through a number of
interdisciplinary collaborations. The program integrates long-term
monitoring of ecological and oceanographic processes at dozens of sites
with experimental work in the lab and field. Research is conducted
throughout the year along the California and Oregon coasts and is
expected to continue indefinitely. Researchers accessing and conducting
research activities on the sites occasionally result in the incidental
take of four pinniped species by incidental, Level B harassment. UCSC/
MARINe expects, and NMFS concurs, that the disturbance to pinnipeds
from the research activities will be limited to Level B harassment.
Take by Level A harassment, serious injury, or mortality is not
anticipated and will not be authorized through this action.
Some sampling may occur in all months of the calendar year. Over
the course of this 5-year effective period for the rule, UCSC/MARINe
expects approximately 300 days of survey effort. Exact locations of
sampling sites can be found in table 1 of the Application, along with
maps at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruzs-rocky-intertidal-monitoring.
A detailed description of the monitoring project, along with
mitigation, monitoring, and reporting measures, are described in detail
in the Federal Register notice for the proposed ITA (90 FR 13322, March
21, 2025). Since that time, the only change that has been added is a
mitigation measure that was omitted in the proposed rule (see Summary
of Request section above). Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specific activity.
Comments and Responses
A notice of NMFS' proposal to issue an ITA to the UCSC/MARINe was
published in the Federal Register notice for the proposed ITA (90 FR
13322, March 21, 2025). That notice described, in detail, UCSC/MARINe's
activity, the marine mammal species that may be affected by the
activity, and the anticipated effects on marine mammals. In that
notice, we requested public input on the request for authorization
described therein, our analyses, the proposed authorization, and any
other aspect of the notice of proposed ITA, and requested that
interested persons submit relevant information, suggestions, and
comments.
During the 30-day public comment period, NMFS received comments
from two individuals. Both comments supported the project activities,
and emphasized the continued timely posting of the annual reports for
public transparency, and the continued refinement of mitigation
measures to reduce disturbance. The comments and recommendations are
available online at: https://www.regulations.gov/document/NOAA-NMFS-2024-0144-0003/comment. Please see the comment submissions for full
details regarding the recommendations and supporting rationale. As
comments suggested continued mitigation measures already employed by
the applicant, no changes resulting from public comments were made from
the proposed to the final rule.
Changes From the Proposed Rule
There is one change from the proposed to the final rule. NMFS
inadvertently omitted from the proposed rule a mitigation measure
stating that any research occurring on the Channel Islands, Farallon
Islands, or A[ntilde]o Nuevo Island would be coordinated with
researchers who regularly work in these areas in order to both gain
access and reduce the amount of disturbance to marine mammals. UCSC
proposed this measure as part of its petition for regulations, which
was made available for public review during the Notice of Receipt and
proposed rule public comment periods. This mitigation
[[Page 27247]]
measure has been added to this final rule in the preamble and the
regulatory text.
Description of Marine Mammals in the Area of Specified Activities
Table 1 lists all species or stocks for which take is expected and
authorized for this activity and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. Sections 3 and 4 of the application summarize available
information regarding status and trends, distribution and habitat
preferences, and behavior and life history of the potentially affected
species (table 1). NMFS fully considered all of this information, and
we refer the reader to these descriptions, instead of reprinting the
information. Additional information regarding population trends and
threats may be found in NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS'
website (https://www.fisheries.noaa.gov/find-species).
A detailed description of the species likely to be affected by the
UCSC/MARINe project, including brief introductions to the species and
relevant stocks as well as available information regarding population
trends and threats, and information regarding local occurrence, were
provided in the Federal Register notice for the proposed ITA (90 FR
13322, March 21, 2025); since that time, we are not aware of any
changes in the status of these species and stocks; therefore, detailed
descriptions are not provided here. Please refer to that Federal
Register notice for these descriptions. Please also refer to NMFS'
website (https://www.fisheries.noaa.gov/find-species) for generalized
species accounts.
Table 1--Marine Mammals Potentially Present Near the UCSC/MARINe Research Sites
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ESA/ MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
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Order Carnivora--Superfamily Pinnipedia
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Family Otariidae (eared seals and
sea lions):
California sea lion............. Zalophus californianus. U.S.................... -; N 257,606 (n/a; 233,515; 14,011 >321
2014).
Steller sea lion................ Eumetopias jubatus..... Eastern U.S............ -; N 36,308 (n/a; 36,308; 2,178 92.3
2022). (U.S.
only)
Family Phocidae (earless seals):
Harbor seal..................... Phoca vitulina......... California,............ -; N 30,968 (n/a; 27,348; 1,641 43
2012).
Oregon/Washington...... -; N 24,732 (unknown; unknown 10.6
16,165 mean; 1999)
\4\.
Northern elephant seal.......... Mirounga angustirostris California............. -; N 187,386 (n/a; 85,369; 5,122 13.7
2013).
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\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA in the near future. Any species or stock listed under the ESA
is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These Mortality/Serious Injury (M/SI) values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all
sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a
minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ The most recent abundance estimate for this stock (24,732 animals) is from 1999 surveys (Final 2023 SAR), with a mean calculated at 16,165 animals.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from UCSC/MARINe monitoring
activities have the potential to result in behavioral harassment of
marine mammals in the vicinity of the survey area. The notice of
proposed rulemaking (90 FR 13322, March 21, 2025) included a discussion
of the effects of anthropogenic noise on marine mammals and the
potential effects of underwater noise from UCSC/MARINe monitoring
activities on marine mammals and their habitat. That information and
analysis is referenced in this final ITA determination and is not
repeated here; please refer to the notice of proposed rulemaking (90 FR
13322, March 21, 2025).
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
of the four species of pinnipeds by Level B harassment that may be
authorized under this rule, which informs both NMFS' consideration of
``small numbers'' and the negligible impact determination.
Harassment, defined previously in the Purpose and Need for
Regulatory Action section, is the only type of take expected to result
from these activities.
Authorized takes will be by Level B harassment only, in the form of
potential disruption of behavioral patterns for individual marine
mammals resulting from exposure to researchers and the operation of
their equipment. Based on the nature of the activity, Level A
harassment is neither anticipated nor authorized. As described
previously, no mortality is anticipated or authorized for this
activity. Researchers with extensive knowledge and experience at each
survey site estimated the actual number of marine mammal takes likely
to occur, using annual recorded observations. Take estimates are based
on historical marine mammal observations from 2013-2024 at each site
from previous UCSC/PISCO (MARINe) survey activities. Take estimates for
each species were based on the following equation:
Take estimate/survey site = # of expected animals/site * # of planned
survey events/survey site.
The species' estimated take totals for each survey site were summed
to arrive at a total estimated take for the entire
[[Page 27248]]
duration of the rule across all four impacted species of pinnipeds. We
fully describe how the take numbers are estimated in detail in the
proposed ITA (90 FR 13322, March 21, 2025), and summarize below in
table 2.
Table 2--Authorized Incidental Take by Level B Harassment (in Total and per Year) and Percentage of Populations
Affected
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Authorized incidental take (Level B
Abundance (Caretta et harassment only)
Species al. 2023, Young et al --------------------------------------
2023) Take over 5 Take per % of
years year population
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Harbor seal--CA stock (Phoca vitulina)......... 30,968 1462 292 0.94
Harbor seal--WA/OR stock (Phoca vitulina)...... 24,732 150 30 0.12
California sea lion (Zalophus californianus)... 257,606 3150 630 0.24
Northern elephant seal (Mirounga 187,386 760 152 0.08
angustirostris)...............................
Steller sea lion (Eumetopias jubatus).......... 36,308 75 15 0.04
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Monitoring reports from the previously issued LOA (2020-2025),
including Level B harassment take numbers, are available on our
website: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruz-rocky-intertidal-monitoring-0.
Mitigation
Under section 101(a)(5)(A) of the MMPA, NMFS must set forth the
permissible methods of taking pursuant to the activity, and other means
of effecting the least practicable impact on the 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 (the latter is
not applicable for this action). NMFS regulations require 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 216.104(a)(11)).
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, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) 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 (e.g., likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented (i.e.,
probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability of
accomplishing the mitigating result if implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider cost and impact on operations.
UCSC/MARINe will implement several mitigation measures to reduce
potential take by Level B harassment. Measures are listed below.
Researchers will observe a site from a distance for at
least 5 minutes, using binoculars, if necessary, to detect any marine
mammals prior to approach to determine if mitigation is required (i.e.,
site surveys will not be conducted if other pinnipeds are present,
researchers will approach with caution, walking slowly, quietly, and
close to the ground to avoid surprising any hauled out individuals and
to reduce flushing/stampeding of individuals).
Researchers will avoid pinnipeds along access ways to
sites by locating and taking a different access route. Researchers will
keep a safe distance from, and not approach, any marine mammal while
conducting research unless it is absolutely necessary to flush (i.e.,
disturb from its position) a marine mammal in order to continue
conducting research (i.e. if a site cannot be accessed or sampled due
to the presence of pinnipeds).
Researchers will avoid making loud noises (e.g., using
hushed voices) and keep bodies low to the ground (i.e., crouched) in
the visual presence of pinnipeds.
Researchers will monitor the offshore area for predators
(e.g., killer whales and great white sharks) and avoid flushing of
pinnipeds when predators are observed in nearshore waters. Note that
UCSC/MARINe has never observed an offshore predator while researchers
were present at any of the survey sites.
Intentional approach will not occur if dependent pups are
present to avoid mother/pup separation and trampling of pups. Staff
shall reschedule work at sites where pups are present unless other
means of accomplishing the work can be done without causing disturbance
to mothers and dependent pups.
When operating UAVs around pinnipeds, altitude will not
drop below 10 meters.
Researchers will promptly vacate sites at the conclusion
of sampling.
Research occurring on the Channel Islands, Farallon
Islands, or A[ntilde]o Nuevo Island will be coordinated with
researchers who regularly work in these areas.
The primary methods of mitigating the risk of disturbance to
pinnipeds is the selection of judicious routes of approach to study
sites, avoiding close contact with pinnipeds hauled out on shore, and
the use of extreme caution upon approach. Each visit to a given study
site will last for approximately 4-6 hours, after which the site is
vacated and can be re-occupied by any marine mammals that may have been
disturbed by the presence of researchers. In addition, workers will be
arriving before low tide; worker presence will tend to encourage
pinnipeds to move to other areas for the day before they haul out and
settle onto rocks at low tide.
In order to both gain access and further reduce the amount of
disturbance to marine mammals, any research occurring on the Channel
Islands, Farallon Islands, or A[ntilde]o Nuevo Island would be
coordinated with researchers who regularly work in these areas. This
mitigation measure, which was proposed by UCSC, was inadvertently
omitted from the proposed rule, and has been added to this final rule
in the preamble and the regulatory text.
Based on our evaluation of the applicant's proposed measures, NMFS
[[Page 27249]]
has determined that the mitigation measures provide the means effecting
the least practicable impact on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical to both
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
UCSC/MARINe will contribute to the knowledge of pinnipeds in
California and Oregon by noting observations of: (1) unusual behaviors,
numbers, or distributions of pinnipeds, such that any potential follow-
up research can be conducted by the appropriate personnel; (2) tag-
bearing carcasses of pinnipeds, allowing transmittal of the information
to appropriate agencies and personnel; and (3) rare or unusual species
of marine mammals for agency follow-up.
Monitoring requirements in relation to UCSC/MARINe's rocky
intertidal monitoring will include observations made by the applicant.
Information recorded will include species counts (with numbers of pups/
juveniles) of animals present before approaching, numbers of observed
disturbances (based on the scale below), and descriptions of the
disturbance behaviors during the monitoring surveys, including
location, date, and time of the event. For consistency, any reactions
by pinnipeds to researchers will be recorded according to a 3-point
scale shown in table 3. Note that only observations of disturbance
levels 2 and 3 should be recorded as takings.
Table 3--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
0.............. Observation................ Observation by researchers
from a distance; no
disturbance to pinniped.
1.............. Alert...................... Seal head orientation or
brief movement in
response to disturbance,
which may include turning
head towards the
disturbance, craning head
and neck while holding
the body rigid in a u-
shaped position, changing
from a lying to a sitting
position, or brief
movement of less than
twice the animal's body
length.
2.............. Movement................... Movements away from the
source of disturbance,
ranging from short
withdrawals at least
twice the animal's body
length to longer retreats
over the beach, or if
already moving a change
of direction of greater
than 90 degrees.
3.............. Flush...................... All retreats (flushes) to
the water.
------------------------------------------------------------------------
In addition, observations regarding the number and species of any
marine mammals observed (either in the water or hauled out at, or
adjacent to, a research site) are recorded as part of field
observations during research activities. Information regarding physical
and biological conditions pertaining to a site, as well as the date and
time that research was conducted, will also be recorded. This
information will be incorporated into a monitoring report for NMFS and
raw data will be provided.
If at any time the specified activity clearly causes the take of a
marine mammal in a prohibited manner such as an injury (Level A
harassment), serious injury, or mortality, UCSC/MARINe shall
immediately cease the specified activities and report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the following
information:
(1) Time and date of the incident;
(2) Description of the incident;
(3) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(4) Description of all marine mammal observations in the 24 hours
preceding the incident;
(5) Species identification or description of the animal(s)
involved;
(6) Fate of the animal(s); and
(7) Photographs or video footage of the animal(s) (if equipment is
available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with UCSC/MARINe
to determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. UCSC/MARINe may not
resume the activities until notified by NMFS.
In the event that UCSC/MARINe discovers an injured or dead marine
mammal and determines that the cause of the injury or death is unknown
and the death is relatively recent (e.g., in less than a moderate state
of decomposition), UCSC/MARINe shall immediately report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the same
information identified in the paragraph above. Activities may continue
while NMFS reviews the circumstances of the incident. NMFS will work
with UCSC/MARINe to
[[Page 27250]]
determine whether additional mitigation measures or modifications to
the activities are appropriate.
In the event that an injured or dead marine mammal is discovered
and it is determined that the injury or death is not associated with or
related to the activities authorized in the regulations and LOA (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), UCSC/MARINe shall report the
incident to the Office of Protected Resources, NMFS, and the West Coast
Regional Stranding Coordinator, NMFS, within 24 hours of the discovery.
UCSC/MARINe shall provide photographs, video footage (if available) or
other documentation of the stranded animal sighting to NMFS and the
Marine Mammal Stranding Network. Activities may continue while NMFS
reviews the circumstances of the incident.
A draft annual report shall be submitted to NMFS Office of
Protected Resources within 90 days after the conclusion of each annual
field season (50 CFR 217.105(d)(1)). The report will include a summary
of the information gathered pursuant to the monitoring requirements set
forth above and in the LOA. A final annual report shall be submitted to
the Director of the NMFS Office of Protected Resources within 30 days
after receiving comments from NMFS on the draft annual report (50 CFR
217.105(d)(2)). If no comments are received from NMFS, the draft annual
report will be considered the final report.
Monitoring Results From Previously Authorized Activities
UCSC/MARINe complied with the mitigation and monitoring that were
required under the prior IHAs issued from 2013 to 2019, and the LOA
issued in 2020. In compliance with those IHAs, they submitted reports
detailing the activities and marine mammal monitoring they conducted,
the most recent report submitted in 2024 and accessible at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-university-california-santa-cruz-rocky-intertidal-monitoring-0. The IHAs required
UCSC/MARINe to conduct counts of pinnipeds present at study sites prior
to approaching the sites and to record species counts and any observed
reactions to the presence of the researchers. These monitoring results
were summarized above in the Estimated Take of Marine Mammals section,
with a detailed discussion in the proposed ITA (90 FR 13322, March 21,
2025).
Based on the results from the monitoring reports, we conclude that
the mitigation measures set forth in the previous authorizations
effected the least practicable impact on the species or stocks. There
were no stampede events during these years and most disturbances were
level 1 and 2 on the disturbance scale (see table 3), meaning the
animal did not fully flush but observed or moved slightly in response
to researchers. Those that did fully flush to the water did so slowly.
Most of these animals tended to observe researchers from the water and
then re-haul out farther up-coast or down-coast of the site within
approximately 30 minutes of the disturbance.
Adaptive Management
The regulations governing the take of marine mammals incidental to
the UCSC/MARINe's research activities would contain an adaptive
management component. The reporting requirements associated with this
rule are designed to provide NMFS with annual monitoring data to allow
consideration of whether any changes are appropriate. The use of
adaptive management allows NMFS to consider new information from
different sources to determine on an annual basis if mitigation or
monitoring measures should be modified (including additions or
deletions). Mitigation measures could be modified if new data suggests
that such modifications would have a reasonable likelihood of reducing
adverse effects to marine mammals and if the measures are practicable.
The following are some of the possible sources of applicable data
to be considered through the adaptive management process: (1) results
from monitoring reports, as required by MMPA authorizations; (2)
results from general marine mammal and sound research; and (3) any
information which reveals that marine mammals may have been taken in a
manner, extent, or number not authorized by these regulations or LOAs
issues pursuant to these regulations.
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., population-
level 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 impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), 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 NMFS' 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 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).
To avoid repetition, the discussion of our analysis applies to all
the species listed in table 1, given that the anticipated effects of
this activity on these different marine mammal stocks are expected to
be similar. There is little information about the nature or severity of
the impacts, or the size, status, or structure of any of these species
or stocks that would lead to a different analysis for this activity.
Research activities have the potential to disturb or displace marine
mammals. Specifically, the project activities may result in take, in
the form of Level B harassment from researcher's movements and
equipment handling. Potential takes could occur if individuals of these
species are present nearby when these activities are underway. No
injuries or mortalities are anticipated to occur as a result of UCSC/
MARINe's rocky intertidal monitoring surveys and none are authorized.
Typically, even those reactions constituting Level B harassment
would result, at most, in a temporary, short-term behavioral
disturbance. In any given study season, researchers will visit select
sites one to two times per year for four to six hours per visit.
Therefore, disturbance of pinnipeds resulting from the presence of
researchers lasts only for short periods. These short periods of
disturbance lasting less than a day are separated by months or years.
Community structure sites are visited at most twice per year and the
visits occur in different seasons. Biodiversity surveys take place at a
given location once every three to five years.
Of the marine mammal species anticipated to occur in the activity
[[Page 27251]]
areas, none are listed under the ESA. Taking into account the planned
mitigation measures, effects to marine mammals are generally expected
to be restricted to short-term changes in behavior or temporary
abandonment of haulout sites, pinnipeds are not expected to permanently
abandon any area that is surveyed by researchers, as is evidenced by
continued presence of pinnipeds at the sites during annual monitoring
counts. No adverse effects to prey species are anticipated and habitat
impacts are limited and highly localized, consisting of the placement
of permanent bolts and temporary research equipment in the intertidal
zone. Based on this analysis of the likely effects of the specified
activity on marine mammals and their habitat, and considering the
implementation of the proposed mitigation and monitoring measures, NMFS
finds that the total marine mammal incidental take from UCSC/MARINe's
rocky intertidal monitoring program will not adversely affect annual
rates of recruitment or survival. Therefore, such incidental take will
have a negligible impact on the affected species or stocks.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect any of the species or stocks
through effects on annual rates of recruitment or survival:
No serious injury or mortality is anticipated or
authorized;
Only a small number of pups are expected to be disturbed;
Effects of the survey activities would be limited to
short-term, localized behavioral changes;
Nominal impacts to pinniped habitat are anticipated; and
Mitigation measures are anticipated to be effective in
minimizing the number and severity of takes by Level B harassment,
which are expected to be of short duration.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the
activity will have a negligible impact on all affected marine mammal
species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may be authorized under sections 101(a)(5)(A) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, where estimated numbers are
available, NMFS compares the maximum number of individuals taken in any
year to the most appropriate estimation of abundance of the relevant
species or stock in our determination of whether an authorization is
limited to small numbers of marine mammals. When the predicted number
of individuals to be taken is fewer than one-third of the species or
stock abundance, the take is considered to be of small numbers (see 86
FR 5322, January 19, 2021). Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.
The amount of take NMFS authorizes is 0.04 to 0.94 percent of any
stock's best population estimate (see table 2). These are likely
conservative estimates because they assume all encounters result in
take, which has not historically been the case.
Based on the analysis contained herein of the activity (including
the mitigation and monitoring measures) and the anticipated take of
marine mammals, NMFS finds that small numbers of marine mammals would
be taken relative to the population size of the affected species or
stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our action (i.e., promulgation of regulations and
issuance of a 5-year LOA) and alternatives with respect to potential
impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations ITAs with
no anticipated serious injury or mortality) of the Companion Manual for
NAO 216-6A, which do not individually or cumulatively have the
potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS has determined that the issuance of the ITA qualifies
to be categorically excluded from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the ESA of 1973 (16 U.S.C. 1531 et seq.)
requires that each Federal agency ensure that any action it authorizes,
funds, or carries out is not likely to jeopardize the continued
existence of any endangered or threatened species or result in the
destruction or adverse modification of designated critical habitat. To
ensure ESA compliance for the issuance of IHAs, NMFS consults
internally whenever we propose to authorize take for endangered or
threatened species.
No incidental take of ESA-listed species is authorized 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.
Classification
The Office of Management and Budget has determined that this rule
is not significant for purposes of Executive Order 12866. This rule is
not an Executive Order regulatory action because this action is not
significant under Executive Order 12866.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration at the proposed rule stage that this rule would not have
a significant economic impact on a substantial number of small
entities. UCSC/MARINe is the sole entity that would be subject to the
requirements in these regulations, and UCSC/MARINe is not a small
governmental jurisdiction, organization, or business as defined by the
RFA. No comments were received regarding this certification or on the
economic impacts of the rule more generally. As a result, a regulatory
flexibility analysis is not required and none has been prepared.
This rule does contain collection-of-information requirements
subject to the provisions of the Paperwork Reduction Act (PRA) (44
U.S.C. 3501-3521). Notwithstanding any other provision of law, no
person is required to respond to, nor shall a person be subject to, a
penalty for failure to comply with a collection of information subject
to the requirements of the PRA unless that collection of information
displays a currently valid Office of Management and Budget (OMB)
control number. These requirements have been approved by OMB under
control number 0648-0151, Applications and Reporting
[[Page 27252]]
Requirements for Incidental Taking of Marine Mammals by Specified
Activities Under the Marine Mammal Protection Act, and include the
applications for regulations, subsequent LOA, and reports.
Waiver of Delay in Effective Date
NMFS has determined that there is good cause under the
Administrative Procedure Act (5 U.S.C. 553(d)(3)) to waive the 30-day
delay in the effective date of this final rule. No individual or entity
other than UCSC is affected by the provisions of these regulations.
The waiver of the 30-day delay of the effective date of the final
rule will ensure that the MMPA final rule and LOA are in place as soon
as possible to ensure the UCSC's compliance with the MMPA. Any delay in
finalizing the rule would result in either: (1) A suspension of planned
research, which would disrupt the provision of vital data necessary for
effective management of intertidal habitat; or (2) the UCSC's
procedural non-compliance with the MMPA (should the UCSC conduct
research without an LOA), thereby resulting in the potential for
unauthorized takes of marine mammals. Moreover, UCSC is ready to
implement the regulations immediately and requested the waiver. For
these reasons, NMFS finds good cause to waive the 30-day delay in the
effective date. In addition, the rule authorizes incidental take of
marine mammals that would otherwise be prohibited under the statute.
Therefore, by granting an exception to UCSC, the rule will relieve
restrictions under the MMPA, which provides a separate basis for
waiving the 30-day effective date for the rule.
List of Subjects in 50 CFR Part 217
Exports, Fish, Imports, Indians, Labeling, Marine mammals,
Penalties, Reporting and recordkeeping requirements, Seafood,
Transportation.
Dated: June 23, 2025.
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 amended
as follows:
PART 217--REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS
INCIDENTAL TO SPECIFIED ACTIVITES
0
1. The authority citation for part 217 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
0
2. Revise and republish subpart K to part 217 to read as follows:
Subpart K--Taking Marine Mammals Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon and California Coasts
Sec.
217.100 Specified activity and specified geographical region.
217.101 Effective dates.
217.102 Permissible methods of taking.
217.103 Prohibitions.
217.104 Mitigation requirements.
217.105 Requirements for monitoring and reporting.
217.106 Letters of Authorization.
217.107 Renewals and modifications of Letters of Authorization.
217.108-217.109 [Reserved]
Subpart K--Taking Marine Mammals Incidental to Rocky Intertidal
Monitoring Surveys Along the Oregon and California Coasts
Sec. 217.100 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the University of
California Santa Cruz's Multi-Agency Rocky Intertidal Network (UCSC/
MARINe) and those persons it authorizes or funds to conduct activities
on its behalf for the taking of marine mammals that occur in the areas
outlined in paragraph (b) of this section and that occur incidental to
rocky intertidal monitoring research surveys.
(b) The taking of marine mammals by UCSC/MARINe may be authorized
in a Letter of Authorization (LOA) only if it occurs on the coasts of
Oregon or California.
Sec. 217.101 Effective dates.
Regulations in this subpart are effective from June 26, 2025,
through June 26, 2030.
Sec. 217.102 Permissible methods of taking.
Under LOAs issued pursuant to Sec. Sec. 216.106 of this chapter
and 217.106, the Holder of the LOA (hereinafter ``UCSC/MARINe'') may
incidentally, but not intentionally, take marine mammals within the
area described in Sec. 217.100 (b) by Level B harassment associated
with rocky intertidal monitoring activities, provided the activity is
in compliance with all terms, conditions, and requirements of the
regulations in this subpart and the appropriate LOA.
Sec. 217.103 Prohibitions.
Notwithstanding takings contemplated in Sec. 217.100 and
authorized by an LOA issued under Sec. Sec. 216.106 of this chapter
and 217.106, no person in connection with the activities described in
Sec. 217.100 may:
(a) Violate, or fail to comply with, the terms, conditions, and
requirements of this subpart or a LOA issued under Sec. Sec. 216.106
of this chapter and 217.106;
(b) Take any marine mammal not specified in such LOA;
(c) Take any marine mammal specified in such LOA in any manner
other than as specified in Sec. 217.102;
(d) Take a marine mammal specified in such LOA 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 LOA 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.
Sec. 217.104 Mitigation requirements.
When conducting the activities identified in Sec. 217.100(a), the
mitigation measures contained in any LOA issued under Sec. Sec.
216.106 of this chapter and 217.106 must be implemented. These
mitigation measures shall include but are not limited to:
(a) General conditions. (1) Researchers must observe a site from a
distance for at least five minutes, using binoculars if necessary, to
detect any marine mammals prior to approach to determine if mitigation
is required. Site surveys will not be conducted if other species of
pinnipeds are present. Researchers will approach with caution, walking
slowly, quietly, and close to the ground to avoid surprising any hauled
out individuals and to reduce flushing (i.e., disturbing from its
position).
(2) Researchers shall avoid pinnipeds along access ways to sites by
locating and taking a different access way. Researchers shall keep a
safe distance from and not approach any marine mammal while conducting
research, unless it is absolutely necessary to approach a marine mammal
in order to continue conducting research (i.e., if a site cannot be
accessed or sampled due to the presence of pinnipeds).
(3) Researchers shall avoid making loud noises (e.g., using hushed
voices) and keep bodies low to the ground in the visual presence of
pinnipeds.
(4) Researchers shall monitor the offshore area for predators
(e.g., killer whales and great white sharks) and avoid flushing of
pinnipeds when predators are observed in nearshore waters.
(5) Researchers shall promptly vacate sites at the conclusion of
sampling.
(6) Researchers shall not operate unmanned aerial vehicles (UAVs)
at an altitude below 10 meters while in the presence of pinnipeds.
[[Page 27253]]
(7) Research occurring on the Channel Islands, Farallon Islands, or
A[ntilde]o Nuevo Island will be coordinated with researchers who
regularly work in these areas.
(b) Pup protection measures. (1) Intentional approach will not
occur if dependent pups are present to avoid mother/pup separation and
trampling of pups. Staff shall reschedule work at sites where pups are
present, unless other means of accomplishing the work can be done
without causing disturbance to mothers and dependent pups.
(2) [Reserved]
Sec. 217.105 Requirements for monitoring and reporting.
(a) Visual monitoring program. (1) Standard information recorded
will include species counts (with numbers of pups/juveniles when
possible) of animals present before approaching, numbers of observed
disturbances, and descriptions of the disturbance behaviors during the
monitoring surveys, including location, date, and time of the event.
(2) UCSC/MARINe must note observations of:
(i) Unusual behaviors, numbers, or distributions of pinnipeds, such
that any potential follow-up research can be conducted by the
appropriate personnel;
(ii) Tag-bearing carcasses of pinnipeds, allowing transmittal of
the information to appropriate agencies and personnel; and
(iii) Rare or unusual species of marine mammals for agency follow-
up.
(3) For consistency, any reactions by pinnipeds to researchers must
be recorded according to a three-point pinniped disturbance scale
included in any LOA issued under Sec. 216.106 of this chapter and
Sec. 217.106.
(4) UCSC/MARINe must note information regarding the date and time
that research is conducted, as well as the physical and biological
conditions pertaining to a site.
(b) Prohibited take. (1) If at any time the specified activity
clearly causes the take of a marine mammal in a manner prohibited by
these regulations or LOA, such as an injury (Level A harassment),
serious injury, or mortality, UCSC/MARINe shall immediately cease the
specified activities and report the incident to the Office of Protected
Resources, NMFS, and the West Coast Regional Stranding Coordinator,
NMFS. The report must include the following information:
(i) Time and date of the incident;
(ii) Description of the incident;
(iii) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(iv) Description of all marine mammal observations in the 24 hours
preceding the incident;
(v) Species identification or description of the animal(s)
involved;
(vi) Fate of the animal(s); and
(vii) Photographs or video footage of the animal(s) (if equipment
is available).
(2) Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with UCSC/MARINe
to determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure Marine Mammal Protection Act (MMPA)
compliance. UCSC/MARINe must not resume the activities until notified
by NMFS via letter, email, or telephone.
(c) Notification of dead or injured marine mammals. (1) In the
event that UCSC/MARINe discovers an injured or dead marine mammal and
determines that the cause of the injury or death is unknown and the
death is relatively recent (e.g., in less than a moderate state of
decomposition), UCSC/MARINe shall immediately report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the information
identified in paragraph (b)(1) of this section. Activities may continue
while NMFS reviews the circumstances of the incident. NMFS will work
with UCSC/MARINe to determine whether additional mitigation measures or
modifications to the activities are appropriate; and
(2) In the event that an injured or dead marine mammal is
discovered and it is determined that the injury or death is not
associated with or related to the activities authorized in the
regulations and LOA (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), UCSC/MARINe
shall report the incident to the Office of Protected Resources, NMFS,
and the West Coast Regional Stranding Coordinator, NMFS, within 24
hours of the discovery. UCSC/MARINe shall provide photographs, video
footage (if available) or other documentation of the stranded animal
sighting to NMFS and the Marine Mammal Stranding Network. Activities
may continue while NMFS reviews the circumstances of the incident.
(d) Annual report. (1) A draft annual report shall be submitted to
NMFS Office of Protected Resources within 90 days after the conclusion
of each annual field season. The final annual report after year five
may be included as part of the final report (see paragraph (e) of this
section). The report will include a summary of the information gathered
pursuant to the monitoring requirements set forth in this section and
in the LOA; and
(2) A final annual report shall be submitted to the Director of the
NMFS Office of Protected Resources within 30 days after receiving
comments from NMFS on the draft annual report. If no comments are
received from NMFS, the draft annual report will be considered the
final report.
Sec. 217.106 Letters of Authorization.
(a) To incidentally take marine mammals pursuant to these
regulations, UCSC/MARINe must apply for and obtain an LOA.
(b) An LOA, unless suspended or revoked, may be effective for a
period of time not to exceed the expiration date of these regulations.
(c) If an LOA expires prior to the expiration date of these
regulations, UCSC/MARINe may apply for and obtain a renewal of the LOA.
(d) In the event of projected changes to the activity or to
mitigation and monitoring measures required by an LOA, UCSC/MARINe must
apply for and obtain a modification of the LOA as described in Sec.
217.107.
(e) The LOA shall set forth:
(1) Permissible methods and numbers of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e.,
mitigation) on the species, its habitat, and on the availability of the
species for subsistence uses; and
(3) Requirements for monitoring and reporting.
(f) Issuance of the LOA shall be based on a determination that the
level of taking will be consistent with the findings made for the total
taking allowable under these regulations.
(g) Notice of issuance or denial of an LOA shall be published in
the Federal Register within 30 days of a determination.
Sec. 217.107 Renewals and modifications of Letters of Authorization.
(a) An LOA issued under Sec. Sec. 216.106 of this chapter and
217.106 for the activity identified in Sec. 217.100(a) shall be
renewed or modified upon request by the applicant, provided that:
(1) The proposed specified activity and mitigation, monitoring, and
reporting measures, as well as the anticipated impacts, are the same as
those described and analyzed for these regulations (excluding changes
made pursuant to the adaptive management provision in paragraph (c)(1)
of this section); and
(2) NMFS' Office of Protected Resources determines that the
[[Page 27254]]
mitigation, monitoring, and reporting measures required by the previous
LOA under these regulations were implemented.
(b) For an LOA modification or renewal requests by the applicant
that include changes to the activity or the mitigation, monitoring, or
reporting (excluding changes made pursuant to the adaptive management
provision in paragraph (c)(1) of this section) that do not change the
findings made for the regulations or result in no more than a minor
change in the total estimated number of takes (or distribution by
species or years), NMFS' Office of Protected Resources may publish a
notice of proposed LOA in the Federal Register, including the
associated analysis of the change, and solicit public comment before
issuing the LOA.
(c) An LOA issued under Sec. Sec. 216.106 of this chapter and
217.106 for the activity identified in Sec. 217.100(a) may be modified
by NMFS' Office of Protected Resources under the following
circumstances:
(1) Adaptive Management. NMFS' Office of Protected Resources may
modify (including augment) the existing mitigation, monitoring, or
reporting measures (after consulting with UCSC/MARINe regarding the
practicability of the modifications) if doing so creates a reasonable
likelihood of more effectively accomplishing the goals of the
mitigation and monitoring set forth in this subpart.
(i) Possible sources of data that could contribute to the decision
to modify the mitigation, monitoring, or reporting measures in an LOA:
(A) Results from UCSC/MARINe's monitoring from the previous
year(s);
(B) Results from other marine mammal and/or sound research or
studies; and
(C) Any information that reveals marine mammals may have been taken
in a manner, extent or number not authorized by this subpart or
subsequent LOAs; and
(ii) If, through adaptive management, the modifications to the
mitigation, monitoring, or reporting measures are substantial, NMFS'
Office of Protected Resources will publish a notice of proposed LOA in
the Federal Register and solicit public comment; and
(2) Emergencies. If NMFS' Office of Protected Resources determines
that an emergency exists that poses a significant risk to the well-
being of the species or stocks of marine mammals specified in LOAs
issued pursuant to Sec. Sec. 216.106 of this chapter and 217.106, an
LOA may be modified without prior notice or opportunity for public
comment. Notice will publish in the Federal Register within 30 days of
the action.
Sec. Sec. 217.108-217.109 [Reserved]
[FR Doc. 2025-11748 Filed 6-25-25; 8:45 am]
BILLING CODE 3510-22-P