Federal Register/Vol. 86, No. 53/Monday, March 22, 2021

15298 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules

DEPARTMENT OF COMMERCE be publicly accessible. NMFS will Mitigation’’ section), as well as accept anonymous comments (enter monitoring and reporting requirements. National Oceanic and Atmospheric ‘‘N/A’’ in the required fields if you wish Section 101(a)(5)(A) of the MMPA and Administration to remain anonymous). Attachments to the implementing regulations at 50 CFR electronic comments will be accepted in part 216, subpart I provide the legal 50 CFR Part 219 Microsoft Word, Excel, or Adobe PDF basis for issuing this proposed rule [Docket No. 210301–0032] file formats only. containing five-year regulations, and for FOR FURTHER INFORMATION CONTACT: any subsequent LOAs. As directed by RIN 0648–BG31 Amy Fowler, Office of Protected this legal authority, this proposed rule Resources, NMFS, (301) 427–8401. contains mitigation, monitoring, and Taking and Importing Marine reporting requirements. Mammals; Taking Marine Mammals SUPPLEMENTARY INFORMATION: Incidental to Pacific Islands Fisheries Availability Summary of Major Provisions Within the Proposed Rule Science Center Fisheries Research A copy of PIFSC’s application and AGENCY: National Marine Fisheries any supporting documents, as well as a Following is a summary of the major Service (NMFS), National Oceanic and list of the references cited in this provisions of this proposed rule Atmospheric Administration (NOAA), document, may be obtained online at: regarding PIFSC fisheries research Commerce. www.fisheries.noaa.gov/action/ activities. These measures include: • Monitor the sampling areas to ACTION: Proposed rule; request for incidental-take-authorization-noaa- detect the presence of marine mammals comments. fisheries-pifsc-fisheries-and-ecosystem- research. In case of problems accessing before and during deployment of certain SUMMARY: NMFS’s Office of Protected these documents, please call the contact research gear; • Resources (OPR) has received a request listed above (see FOR FURTHER Delay setting or haul in gear if INFORMATION CONTACT). marine mammal interaction may occur; from NMFS’s Pacific Islands Fisheries • Science Center (PIFSC) for a Letter of Haul gear immediately if marine Purpose and Need for Regulatory mammals may interact with gear; and Authorization (LOA) to take marine Action • mammals incidental to fisheries Required implementation of the research conducted in multiple This proposed rule would establish a mitigation strategy known as the ‘‘move- specified geographical regions, over the framework under the authority of the on rule mitigation protocol’’ which course of five years from the date of MMPA (16 U.S.C. 1361 et seq.) to allow incorporates best professional judgment, issuance. As required by the Marine for the authorization of take of marine when necessary during certain research Mammal Protection Act (MMPA), NMFS mammals incidental to the PIFSC’s fishing operations. is proposing regulations to govern that fisheries research activities in the Background Hawaiian Archipelago, Mariana take, and requests comments on the Section 101(a)(5)(A) of the MMPA (16 proposed regulations. NMFS will Archipelago, American Samoa Archipelago, and Western and Central U.S.C. 1361 et seq.) directs the Secretary consider public comments prior to of Commerce (as delegated to NMFS) to making any final decision on the Pacific Ocean. We received an application from the allow, upon request, the incidental, but issuance of the requested MMPA PIFSC requesting five-year regulations not intentional, taking of small numbers authorization and agency responses will and LOA to take multiple species of of marine mammals by U.S. citizens be summarized in the final notice of our marine mammals. Take would occur by who engage in a specified activity (other decision. Level B harassment incidental to the use than commercial fishing) within a DATES: Comments and information must of active acoustic devices, as well as by specified geographical region if certain be received no later than April 21, 2021. visual disturbance of pinnipeds, and by findings are made, regulations are ADDRESSES: You may submit comments Level A harassment, serious injury, or issued, and notice is provided to the on this document, identified by NOAA– mortality incidental to the use of public. NMFS–2021–0026, by the following fisheries research gear. Please see An authorization for incidental method: ‘‘Background’’ below for definitions of takings shall be granted if NMFS finds • Electronic submission: Submit all harassment. that the taking will have a negligible public comments via the Federal impact on the species or stock(s), will e-Rulemaking Portal. Go to Legal Authority for the Proposed Action not have an unmitigable adverse impact www.regulations.gov and enter NOAA– Section 101(a)(5)(A) of the MMPA (16 on the availability of the species or NMFS–2021–0026 in the Search box. U.S.C. 1371(a)(5)(A)) directs the stock(s) for subsistence uses (where Click on the ‘‘Comment’’ icon, complete Secretary of Commerce to allow, upon relevant), and if the permissible the required fields, and enter or attach request, the incidental, but not methods of taking and requirements your comments. intentional taking of small numbers of pertaining to the mitigation, monitoring Instructions: Comments sent by any marine mammals by U.S. citizens who and reporting of such takings are set other method, to any other address or engage in a specified activity (other than forth. individual, or received after the end of commercial fishing) within a specified NMFS has defined ‘‘negligible the comment period, may not be geographical region for up to five years impact’’ in 50 CFR 216.103 as an impact considered by NMFS. All comments if, after notice and public comment, the resulting from the specified activity that received are a part of the public record agency makes certain findings and cannot be reasonably expected to, and is and will generally be posted for public issues regulations that set forth not reasonably likely to, adversely affect viewing on www.regulations.gov permissible methods of taking pursuant the species or stock through effects on without change. All personal identifying to that activity and other means of annual rates of recruitment or survival. information (e.g., name, address), effecting the ‘‘least practicable adverse The MMPA states that the term ‘‘take’’ confidential business information, or impact’’ on the affected species or means to harass, hunt, capture, kill or otherwise sensitive information stocks and their habitat (see the attempt to harass, hunt, capture, or kill submitted voluntarily by the sender will discussion below in the ‘‘Proposed any marine mammal.

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Except with respect to certain information related to the PIFSC request the primary responsibility for managing activities not pertinent here, the MMPA for thirty days. We received comments marine finfish and shellfish species and defines ‘‘harassment’’ as: Any act of jointly from The Humane Society of the their habitats, with that responsibility pursuit, torment, or annoyance which (i) United States and Whale and Dolphin delegated within NOAA to NMFS. has the potential to injure a marine Conservation (HSUS/WDC). These In order to direct and coordinate the mammal or marine mammal stock in the comments were considered in collection of scientific information wild (Level A harassment); or (ii) has development of this proposed rule and needed to make informed fishery the potential to disturb a marine are available online at: management decisions, Congress mammal or marine mammal stock in the www.fisheries.noaa.gov/action/ created six regional fisheries science wild by causing disruption of behavioral incidental-take-authorization-noaa- centers, each a distinct organizational patterns, including, but not limited to, fisheries-pifsc-fisheries-and-ecosystem- entity and the scientific focal point migration, breathing, nursing, breeding, research. While it has been multiple within NMFS for region-based Federal feeding, or sheltering (Level B years since the PIFSC’s application was fisheries-related research. This research harassment). received, the description of the activity is aimed at monitoring fish stock recruitment, abundance, survival and National Environmental Policy Act remains accurate. Further, science and information necessary to evaluate this biological rates, geographic distribution To comply with the National request that has become available since of species and stocks, ecosystem process Environmental Policy Act of 1969 the PIFSC submitted their application changes, and marine ecological (NEPA; 42 U.S.C. 4321 et seq.) and has been considered and is addressed in research. The PIFSC is the research arm NOAA Administrative Order (NAO) this proposed rule. of NMFS in the Pacific Islands region of 216–6A, NMFS must evaluate our PIFSC proposes to conduct fisheries the United States. The PIFSC conducts proposed action (i.e., the promulgation research using trawl gear used at various research and provides scientific advice of regulations and subsequent issuance levels in the water column, hook-and- to manage fisheries and conserve of incidental take authorization) and line gear (including longlines with protected species in the geographic alternatives with respect to potential multiple hooks, bottomfishing, and research area described below and impacts on the human environment. trolling), and deployed instruments provides scientific information to Accordingly, NMFS has prepared a (including various traps). If a marine support the Western Pacific Fishery draft Environmental Assessment (EA; mammal interacts with gear deployed Management Council and other Draft Programmatic Environmental by PIFSC, the outcome could potentially domestic and international fisheries Assessment for Fisheries and Ecosystem be Level A harassment, serious injury management organizations. Research Conducted and Funded by the (i.e., any injury that will likely result in The PIFSC collects a wide array of Pacific Islands Fisheries Science Center) mortality), or mortality. Although any information necessary to evaluate the to consider the environmental impacts given gear interaction could result in an status of exploited fishery resources and associated with the PIFSC’s proposed outcome less severe than mortality or the marine environment. PIFSC activities as well as the issuance of the serious injury, we do not have sufficient scientists conduct fishery-independent regulations and subsequent incidental information to allow parsing these research onboard NOAA-owned and take authorization. A notice of potential outcomes. Therefore, PIFSC operated vessels or on chartered vessels. availability of a Draft Programmatic EA presents a pooled estimate of the Such research may also be conducted by and request for comments was cooperating scientists on non-NOAA number of potential incidents of gear published in the Federal Register on vessels when the PIFSC helps fund the interaction and, for analytical purposes December 4, 2015 (80 FR 75856). The research. The PIFSC proposes to we assume that gear interactions would draft EA is posted online at: administer and conduct approximately result in serious injury or mortality. www.fisheries.noaa.gov/action/ 19 survey programs over the five-year PIFSC also uses various active acoustic incidental-take-authorization-noaa- period, within four separate research while conducting fisheries research, and fisheries-pifsc-fisheries-and-ecosystem- areas (some survey programs are use of some of these devices has the research. Information in the EA, PIFSC’s conducted across more than one potential to result in Level B harassment application, and this document research area; see Table 1–1 in PIFSC’s of marine mammals. Level B harassment collectively provide the environmental application). The gear types used fall of pinnipeds hauled out may also occur, information related to proposed into several categories: Towed trawl as a result of visual disturbance from issuance of these regulations and nets fished at various levels in the water vessels conducting PIFSC research. subsequent incidental take column, hook-and-line gear (including PIFSC requests authorization to take authorization for public review and longline gear), traps, and other individuals of 15 species by Level A comment. We will review all comments instruments. Only use of trawl nets, harassment, serious injury, or mortality submitted in response to this document longlines, and deployed instruments (hereafter referred to as M/SI) and of 25 prior to concluding our NEPA process and traps are likely to result in species by Level B harassment. The or making a final decision on the interaction with marine mammals via proposed regulations would be valid for request for incidental take entanglement. Many of these surveys five years from the date of issuance. authorization. also use active acoustic devices that Description of the Specified Activity may result in Level B harassment. Summary of Request On November 30, 2015, we received Overview Dates and Duration an adequate and complete application The Federal Government has a The specified activity may occur at from PIFSC requesting authorization to responsibility to conserve and protect any time during the five-year period of take small numbers of marine mammals living marine resources in U.S. waters validity of the proposed regulations. incidental to fisheries research and has also entered into a number of Dates and duration of individual activities. On December 7, 2015 (80 FR international agreements and treaties surveys are inherently uncertain, based 75997), we published a notice of receipt related to the management of living on congressional funding levels for the of PIFSC’s application in the Federal marine resources in international waters PIFSC, weather conditions, or ship Register, requesting comments and outside the United States. NOAA has contingencies. In addition, cooperative

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research is designed to provide winds, which reduces the intensity of of 23–24°C, and is considered to be of flexibility on a yearly basis in order to the westward flowing equatorial surface low productivity. The region is subject address issues as they arise. Some current. When this occurs, the eastward- to high wave energy produced from cooperative research projects last flowing countercurrent dominates weather systems generated off the multiple years or may continue with oceanic circulation and brings warm, Aleutian Islands and other areas of the modifications. Other projects only last low-nutrient waters to eastern margins North Pacific, which can have major one year and are not continued. Most of the Pacific, which in turn can effects on nearshore habitat. cooperative research projects go through influence marine mammal presence. MARA—The Mariana Archipelago, an annual competitive selection process Trade winds play a vital role in which is approximately 4,115 km west- to determine which projects should be dictating sea level, thermal conditions, southwest of Hawaii, includes volcanic funded based on proposals developed and nutrient distribution (Wytki and and raised limestone islands and by many independent researchers and Meyers, 1976). submerged banks stretching 825 km fishing industry participants. PIFSC Habitat throughout the four specified from Guam Island north to Farallon de survey activity occurs during most geographical regions include seamounts, Pajaros (which is about 550 km south of months of the year. Trawl surveys occur atolls, reef habitat, and pelagic waters. Iwo Jima). The region is divided primarily during May through June and Oceanic islands generally lack an politically into the Commonwealth of September but may occur during any extensive shelf area of relatively shallow the Northern Mariana Islands and the month, and hook-and-line surveys water extending beyond the shoreline. Territory of Guam. The archipelago is generally occur during fall. Instead, most often have a deep reef flanked by the Mariana Trench, which slope, angled between 45 and 90 degrees include the deepest water on Earth Specified Geographical Region toward the ocean floor. Species (11,034 m) in its southern end near The PIFSC conducts research in the compositions along deep reef slopes, Guam. The archipelago, as well as a Pacific Islands within four research banks, and seamounts all can vary chain of submerged seamounts located areas: The Hawaiian Archipelago widely based on depth, light, approximately 120 nmi west of the Research Area (HARA), the Mariana temperature, and substrate. Mariana Islands, and the trench were Archipelago Research Area (MARA), the HARA—The Hawaiian Archipelago is formed approximately 43 million years American Samoa Archipelago Research one of the most geographically isolated ago by the subduction of the Pacific Area (ASARA), and the Western and island systems in the world, stretching tectonic plate under the Philippine Central Pacific Research Area (WCPRA). over 2,450 km and consisting of eight plate. Geological faulting of large areas The first three research areas are main volcanic oceanic islands, 124 in the older southern portion of the considered to extend approximately 24 smaller islands, atolls, banks, and region has created large, oblique nautical miles (nmi; 44.5 kilometers numerous seamounts. The region is shallow-water surfaces that have (km)) from the baseline of the respective considered part of the Insular Pacific- supported extensive reef growth and the archipelagos (i.e., approximately the Hawaiian Large Marine Ecosystem development of reef flats and lagoons outer limit of the contiguous zone). The (LME). Due to its isolation, the region is over time. In contrast, the islands in the WCPRA is considered to include the characterized overall by relatively low north are younger with more vertical remainder of archipelagic U.S. faunal diversity but unusually high profiles that do not provide the basis for Exclusive Economic Zone (EEZ) waters, endemism. The region is divided into extensive reef development. As a result, the high seas between the archipelagic the inhabited Main Hawaiian Islands this spectrum of physical conditions U.S. EEZ waters, and waters around the (the eight high volcanic islands), where creates a suite of different habitats that Pacific remote islands. Please see many watersheds and nearshore areas in turn support a variety of biological Figures 1.2 and 2.1 through 2.4 in the have been significantly modified, and communities. The primary surface PIFSC application for maps of the four the uninhabited Northwestern Hawaiian current affecting the region is the North research areas. We note here that, while Islands (NWHI), with some of the most Equatorial Current, which flows the specified geographical regions pristine coral reefs in the world. The westward through the islands; however, within which the PIFSC operates may archipelago is formed by the northwest the Subtropical Counter Current also extend outside of the U.S. EEZ, the movement of the Pacific plate over a influences the Northern Mariana Islands NMFS’ authority under the MMPA does stationary ‘‘hotspot.’’ The main islands and generally flows in a easterly not extend into foreign territorial are younger, higher, and more direction. SST ranges from waters. For further information about volcanically active, while the NWHI approximately 27–29°C. the specified geographical regions, have largely undergone submergence ASARA—The American portion of the please see the descriptions found in and exist as coral atolls, small sand Samoan Archipelago, approximately 14° Sherman and Hempel (2009) and islands, and submerged banks stretching south of the equator, includes five Wilkinson et al. (2009). to Kure Atoll, the northernmost atoll in volcanic islands and two remote atolls In general, the Pacific region the world. The major oceanographic within the U.S. EEZ (the broader encompassing the PIFSC research areas influence on the region is the North Samoan Archipelago also includes is a complex oceanographic system. The Equatorial Current, which branches islands in the independent country of equatorial area has relatively steady along the Hawaiian Ridge into a North Samoa and the French protectorate of weather patterns and surface currents, Hawaiian Ridge Current and gyres in the Wallis and Futuna). The largest island, but these can change based on ocean- lee of the islands. The region is also Tutuila, is nearly bisected by Pago Pago atmospheric conditions. The El Nin˜ o- seasonally influenced by the Harbor, the deepest and one of the most Southern Oscillation (ENSO) largely Subtropical Front (STF), which sheltered embayments in the South drives the climate in the tropical Pacific corresponds to a shallow subtropical Pacific. The primary surface current (Wood et al., 2006), with warm El Nin˜ o countercurrent that transects the LME in affecting the region is the Equatorial or cold La Nin˜ a phases, occurring every winter and summer (Kobashi et al., Current, which flows westward through 2–7 years, impacting equatorial 2006). The region has relatively the islands. The region experiences upwelling and ecological systems consistent and tropical meteorological southeast trade winds that result in (Barber, 1988; Glynn and Ault, 2000). and oceanographic conditions, with frequent rains and a warm tropical ENSO results in the reduction of trade average sea surface temperatures (SST) climate.

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WCPRA—In addition to EEZ waters Palmyra Atoll (1,956 km south of Given the vast geographic scope of the beyond the contiguous zones of the Honolulu) and Kingman Reef (61 km PIFSC region of responsibility, not all regions described above, the WCPRA northwest of Palmyra) are part of the areas will be visited each year (nor will also includes the high seas and the Northern Line Islands (other islands in all surveys be conducted each year) Pacific Remote Islands Area, comprised this archipelago belong to the Republic within the five-year period the proposed of Baker Island, Howland Island, Jarvis of Kiribati), and are sporadically regulations and LOA would be effective. Island, Johnston Atoll, Kingman Reef, influenced by the North Equatorial Instead, surveys will rotate depending Wake Atoll, and Palmyra Atoll. Palmyra Countercurrent, which flows from high on funding, random sampling design, or Atoll, Kingman Reef, and Baker, biodiversity regions of the western immediate research needs. Research Howland, and Jarvis Islands are all part Pacific. Palmyra Atoll consists of 52 surveys are generally focused on one of the U.S. Fish and Wildlife Service’s islets surrounding three central lagoons. research area every year and that research area is visited every second, National Wildlife Refuge System. Detailed Description of Activities Howland and Baker Islands are third, or fourth year. For example, over uninhabited U.S. possessions in the The Federal Government has a trust the course of five years, this research Phoenix Island Archipelago. Baker responsibility to protect living marine cycle might be presented as HARA→ Island is located approximately 21 km resources in waters of the United States. ASARA→MARA→WCPRA→HARA. This north of the equator and approximately These waters extend to 200 nmi from cycle inherently includes some overlap 2,963 km to the southwest of Honolulu. the shoreline and include the EEZ. The of any one research area (e.g., Wake It is a coral-topped seamount U.S. government has also entered into a Atoll in the WCPRA is usually visited surrounded by a narrow fringing reef number of international agreements and when the ship is transiting to MARA that drops steeply close to shore. treaties related to the management of because it is on the way and makes for living marine resources in international Jarvis Island, a relatively flat, sandy the most cost-efficient model). waters outside of the EEZ (i.e., the high coral island, is approximately 2,092 km Furthermore, a specific survey may be seas). To carry out its responsibilities south of Honolulu and 1,609 km east of prioritized every year, for several years over U.S. and international waters, Baker Island. Although the westward- in a row, in one research area because Congress has enacted several statutes flowing South Equatorial Current is the of a defined management need. In authorizing certain Federal agencies to primary surface current, the eastward- general, each research area coverage administer programs to manage and flowing Equatorial Undercurrent drives depends on funding, ship logistics, protect living marine resources. Among strong, topographically influenced weather systems, research priorities, these Federal agencies, NOAA has the equatorial upwelling in these islands. and geographic coverage during ship primary responsibility for protecting transit. Research is conducted more However, species diversity is much marine finfish and shellfish species and lower than in the Northern Line Islands, frequently in the HARA due to PIFSC’s their habitats. Within NOAA, NMFS has physical location in the main Hawaiian reflecting the influence of primary been delegated primary responsibility currents that originate in the species- Islands. for the science-based management, The fishing gear types used by PIFSC poor eastern Pacific. Jarvis Island is conservation, and protection of living fall into several categories: towed nets considered part of the Southern Line marine resources under statutes fished at various levels in the water Islands, but is biogeographically more including the Magnuson-Stevens column, hook-and-line gear, and traps. similar to Baker and Howland Islands as Fishery Management Act (MSA), The PIFSC also deploys a variety of its primary influence is the South MMPA, and the Endangered Species Act moored instruments. The use of trawl Equatorial Current. (ESA). nets and longlines is likely to result in Johnston Atoll lies approximately 800 Within NMFS, six regional fisheries interaction with marine mammals. In km south of French Frigate Shoals in the science centers direct and coordinate addition, the PIFSC anticipates that its NWHI. Johnston Atoll, a coral reef and the collection of scientific information deployment of instruments and traps lagoon complex on a relatively flat, needed to inform fisheries management may result in the entanglement of some shallow platform, shares biogeographic decisions. Each science center is a animals. Many of the proposed surveys affinities with the Hawaiian distinct entity and is the scientific focal also use active acoustic devices that Archipelago, with evidence of larval point for a particular region. PIFSC may result in Level B harassment. transport between the two. Because of conducts research and provides Surveys may be conducted aboard faunal affinities and because both occur scientific advice to manage fisheries and NOAA-operated research vessels (R/V), in the oceanic North Pacific Transition conserve protected species in the Pacific including the Oscar Elton Sette and Zone Province (Longhurst, 1998), the Islands. PIFSC provides scientific Okeanos Explorer, as well as the two areas may be considered part of the information to support the Western University of Hawai1i research vessel same ecoregion. Johnston Atoll has been Pacific Fishery Management Council Ka’imikai-o-Kanoloa (KoK) and assorted used for military purposes since World and other domestic and international other small vessels owned by PIFSC. War II. fisheries management organizations. Surveys could also be conducted aboard Kingman Reef consists of a series of The PIFSC collects a wide array of vessels owned and operated by fringing reefs around a central lagoon information necessary to evaluate the cooperating agencies and institutions, or that does not have any emergent land to status of exploited fishery resources and aboard charter vessels. support vegetation. the marine environment. PIFSC In the following discussion, we Wake Atoll, comprised of three scientists conduct fishery-independent summarily describe various gear types different islets, is located about 3,380 research onboard NOAA-owned and used by PIFSC, with reference to km west of Hawaii, at the northern end operated vessels or on chartered vessels, specific fisheries and ecosystem of the Marshall Islands archipelago in and some PIFSC-funded research is research activities conducted by the the North Pacific Tropical Gyre conducted by cooperative scientists. PIFSC. This is not an exhaustive list of Province (Longhurst, 1998). Wake Atoll The PIFSC proposes to administer and gear and/or devices that may be utilized has primarily been used for military and conduct approximately 19 survey by PIFSC but is representative of gear emergency aviation purposes since programs over the five-year period (see categories and is complete with regard World War II. Table 1.1 in PIFSC’s application). to all gears with potential for interaction

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with marine mammals. Additionally, (described later) incorporated into the location of the longline gear prior to relevant active acoustic devices, which research vessel and the trawl gear retrieval. are commonly used in PIFSC survey monitor the position and status of the A commercial longline can be miles activities, are described separately in a net, speed of the tow, and other long and have thousands of hooks subsequent section. Please see variables important to the research attached. Although longlines used for Appendix A of PIFSC’s application for design. research surveys are often shorter, the further description, pictures, and PIFSC research trawling activities PIFSC uses some commercial-scale diagrams of research gear and vessels. utilize pelagic (or midwater) and surface longlines, i.e., 600 to 2,000 hooks Full details regarding planned research trawls, which are designed to operate at attached to a mainline up to 60 miles in activities are provided in Table 1.1 of various depths within the water column length. There are no internationally- PIFSC’s application, with specific gear but not to contact the seafloor. recognized standard measurements for used in association with each research Commercial midwater trawls may be hook size, and a given size may be project and full detail regarding gear 75–136 m in width with opening height inconsistent between manufacturers. characteristics and usage provided. A of 10–20 m; however, PIFSC uses Larger hooks, as are used in longlining, summary of PIFSC’s proposed research smaller research trawls. These include a are referenced by increasing whole programs that may result in take from modified Cobb midwater trawl, the numbers followed by a slash and a zero 1 interaction with fishing gear is provided Isaacs-Kidd (IK) trawl, and various other as size increases (e.g., ⁄0 up to 20/0). below (Table 1). small-mesh nets used as surface trawls. The numbers represent relative sizes, Trawl nets—A trawl is a funnel- The Cobb trawl is generally used to normally associated with the gap (the shaped net towed behind a boat to target snapper and grouper species distance from the point tip to the capture fish. The codend (or bag) is the within the 0–250 m depth range, and shank). The time period between deployment fine-meshed portion of the net most has a mouth opening of 686 m2. The IK and retrieval of the longline gear is the distant from the towing vessel where trawl is used to collect midwater or soak time. Soak time is an important fish and other organisms larger than the surface biological specimens larger than parameter for calculating fishing effort. mesh size are retained. In contrast to those taken by standard plankton nets. For commercial fisheries the goal is to commercial fishery operations, which The PIFSC uses two sizes of IK trawls optimize the soak time in order to generally use larger mesh to capture for various research purposes, a 6-ft maximize catch of the target species marketable fish, research trawls often (1.8-m) wide model and a 10-ft (3.0-m) while minimizing the bycatch rate and use smaller mesh to enable estimates of wide model. These nets may be towed the size and age distributions of fish in minimizing damage to target species either at the surface of the water or at a particular area. The body of a trawl net that may result from predation by sharks various midwater depths depending on is generally constructed of relatively or other predators. PIFSC pelagic research protocols or where acoustic coarse mesh that functions to gather longline soak times range from 600– signals indicate the presence of study schooling fish so that they can be 1,800 min. organisms. Tow durations are typically collected in the codend. The opening of Other hook and line gear—Hook and 30–60 min for small-mesh surface tows, the net, called the mouth, is extended line is a general term used for a range 60 min for IK surface tows, or 60–240 horizontally by large panels of wide of fishing methods that employ short min for midwater tows, with midwater mesh called wings. The mouth of the fishing lines with hooks in one form or tow depths varied during a tow to target net is held open by hydrodynamic force another (as opposed to longlines). This exerted on the trawl doors attached to fish at different water depths. PIFSC gear is similar to methods commonly the wings of the net. As the net is towed trawls are typically towed at 2.5–3.5 kt. used by recreational fishers and may through the water, the force of the water Longline—Longline vessels fish with generally include handlines, hand reels, spreads the trawl doors horizontally baited hooks attached to a mainline. The powered reels, rod/pole and line, drop apart. The top of a net is called the length of the longline and the number lines, and troll lines, all using bait or headrope, and the bottom is called the of hooks depend on the species targeted, lures in various ways to attract target footrope. Bottom trawls may use the size of the vessel, and the purpose species. The gear used in PIFSC bobbins or roller gear to protect the of the fishing activity. Pelagic longlines, bottomfish surveys consists of a main footrope as the net is dragged along the which fish near the surface with the use line with a 2–4 kg weight attached to the seabed. of floats, may be deployed in such a way end. Several 40–60 cm sidelines with The trawl net is usually deployed as to fish at different depths in the water circle hooks are attached above the over the stern of the vessel and attached column. For example, deep-set longlines weight at 0.5–1 m intervals. A chum bag with two cables (or warps) to winches targeting tuna may have target depths containing chopped fish or squid may on the deck of the vessel. The cables are greater than 100 m, while a shallow-set be suspended above the highest of these played out until the net reaches the longline targeting swordfish is set at hooks. Dead fish and bait would not be fishing depth. Trawl vessels typically depths shallower than 100 m (see Figure discarded from the vessel while actively travel at speeds of 2–5 knots (kt) while A–7 of PIFSC’s application). Hooks are fishing and would only be discarded towing the net for time periods up to attached to the mainline by another after gear is retrieved and immediately several hours. The duration of the tow thinner line called a gangion or branch before the vessel leaves the sampling depends on the purpose of the trawl, the line. The length of the gangion and the location for a new area. The gear is catch rate, and the target species. At the distance between gangions depends on retrieved using hydraulic or electric end of the tow the net is retrieved and the purpose of the fishing activity. reels after several fish are hooked. the contents of the codend are emptied PIFSC uses pelagic longline gear, which Another hook-and-line fishing method onto the deck. For research purposes, is deployed near the surface of the is trolling where multiple lines are the speed and duration of the tow and water, with buoys attached to the towed behind a boat. Trolling gear used the characteristics of the net are mainline to provide flotation and keep by the PIFSC have four troll lines each typically standardized to allow the baited hooks suspended in the with 1–2 baited hooks towed at 4–6 kt. meaningful comparisons of data water. Radar reflectors, radio Other nets—PIFSC surveys utilize collected at different times and transmitters, and light sources are often various small, fine-mesh, towed nets locations. Active acoustic devices used to help fishers determine the and neuston nets designed to sample

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small fish and pelagic invertebrates. permit organisms to enter the enclosure instrument are essential for These nets can be broadly categorized as but make escape extremely difficult or characterization of seawater properties. small trawls (which are separated from impossible. Most traps are attached by Expendable bathythermographs large trawl nets due to small trawls’ a rope to a buoy on the surface of the (XBT)—PIFSC also uses XBTs to discountable potential for interaction water and may be deployed in series. provide ocean temperature versus depth with marine mammals; see ‘‘Potential The trap entrance can be regulated to profiles. A standard XBT system Effects of the Specified Activity on control the maximum size of animal that consists of an expendable probe, a data Marine Mammals and their Habitat’’) can enter, and the size of the mesh in processing/recording system, and a and plankton nets. the body of the trap can regulate the launcher. An electrical connection 1. Neuston nets are used to collect minimum size that is retained. In between the probe and the processor/ zooplankton that live in the top few general, the species caught depends on recorder is made when the canister centimeters of the sea surface (the the type and characteristics of the pot or containing the probe is placed within neuston layer). These nets have a trap used. PIFSC uses lobster traps, crab the launcher and the launcher breech rectangular opening usually two or three traps, and other traps of various sizes. door is closed. Following launch into times as wide as deep (e.g., one meter Lobster traps are deployed in the the water, wire de-reels from the probe by 0.5 meters or 60 centimeters by 20 NWHI to study the life history and as it descends vertically through the centimeters). Neuston nets sometimes population dynamics of lobster. The water. Simultaneously, wire de-reels use hollow piping for construction of lobster traps consist of one string per from a spool within the probe canister, the net frame to aid in flotation. They site, with 8 or 20 traps per string, compensating for any movement of the are generally towed half submerged at separated by 20 fathoms of ground line. ship and allowing the probe to freefall 1–2 kt from the side of a vessel on a The traps are deployed within two from the sea surface unaffected by ship boom to avoid the ship’s wake. separate depth regimes: 10–20 or 21–35 motion or sea state. 2. Ring nets are used to capture fathoms. Remotely operated vehicles (ROV)— plankton with vertical tows. These nets Kona crab traps are nylon, with ROVs are used to count fish and consist of a circular frame and a cone- meshing spaced 21⁄2 inches apart shellfish, photograph fish for shaped net with a collection jar at the attached to a wire ring with squid or identification, and provide views of the codend. The net, attached to a labeled fish bait set in the middle. Up to ten bottom for habitat-type classification dropline, is lowered into the water nets can be tied together with a buoy on studies via still and video camera while maintaining the net’s vertical the end net for retrieval. They are left images. Precise georeferenced data from position. When the desired depth is for approximately 20 min. ROV platforms also enables SCUBA reached, the net is pulled straight up Settlement traps are cylindrical with divers to utilize bottom time more through the water column to collect the dimensions up to 3 m long and 2 m effectively for collection of brood stock sample. The most common zooplankton diameter. The trap frame is composed of and other specimens. ring net is one meter in diameter with semi-rigid plastic mesh of up to 5 cm PIFSC also uses various other 0.333 millimeter mesh openings, also mesh size. Folded plastic of up to 10 cm platforms, including gliders, towed known as a ‘meter net.’ mesh is stuffed inside as settlement systems, and seafloor or moored 3. Plankton drop nets are small habitat, and cylinder ends are then packages, to conduct passive acoustic handheld nets made up of fine mesh pinched shut. The traps are clipped monitoring, collect oceanographic data, attached to a metal hoop with a long throughout the water column onto a and collect photographic/video data, rope attached for retrieval. These nets vertical line anchored on bottom at up among other things. Many such are used for stationary sampling of the to 400 m, supported by a surface float. deployments require the use of mooring surrounding water. Conductivity, temperature, and depth lines, including the Bottom Camera 4. Bongo nets are towed through the profilers—A CTD profiler is the primary system (BotCam), Modular Underwater water at an oblique angle to sample research tool for determining chemical Survey System (MOUSS), Baited plankton over a range of depths. Similar and physical properties of seawater. A Remote Underwater Video System to ring nets, these nets typically have a shipboard CTD is made up of a set of (BRUVS), Underwater Sound Playback cylindrical section coupled to a conical small probes attached to a large (1–2 m System, and High-Frequency Acoustic portion that tapers to a detachable diameter) metal rosette wheel. The Recording (HARP) package. codend constructed of nylon mesh. rosette is lowered through the water Table 1.1 of the PIFSC’s application During each plankton tow, the bongo column on a cable, and CTD data are provide detailed information of all nets are deployed to depth and are then observed in real time via a conducting surveys planned by PIFSC; full detail is retrieved at a controlled rate so that the cable connecting the CTD to a computer not repeated here. Below, we provide volume of water sampled is uniform on the ship. The rosette also holds a brief summaries of a selection of surveys across the range of depths. A collecting series of sampling bottles that can be using gear expected to have potential for bucket, attached to the codend of the triggered to close at different depths in marine mammal interaction (Table 1). net, is used to contain the plankton order to collect a suite of water samples Many of these surveys also use small sample. Some bongo nets can be opened that can be used to determine additional trawls, plankton nets, gear deployed by and closed using remote control to properties of the water over the depth of hand by divers, and/or other gear; enable the collection of samples from the CTD cast. A standard CTD cast, however, only gear with likely potential particular depth ranges. A group of depending on water depth, requires two for marine mammal interaction is depth-specific bongo net samples can be to five hours to complete. The data from described. These summaries illustrate used to establish the vertical a suite of samples collected at different projected annual survey effort in the distribution of zooplankton species in depths are often called a depth profile. different research areas for those gears the water column at a site. Bongo nets Depth profiles for different variables can that we believe present the potential for are generally used to collect be compared in order to glean marine mammal interaction but are zooplankton for research purposes and information about physical, chemical, intended only to provide a sense of the are not used for commercial harvest. and biological processes occurring in level of effort, and actual level of effort Traps—Traps are submerged, three- the water column. Salinity, temperature, may vary from year to year. Gear dimensional devices, often baited, that and depth data measured by the CTD specifications vary; please see Table 1.1

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of PIFSC’s application for descriptions HARA, but approximately once every application illustrate locations of past of representative equipment. All surveys three years in the MARA, ASARA, and survey effort in each of the four research generally may occur every year in the WCPRA. Figures 2.1–2.4 of PIFSC’s areas.

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40 tows per survey 40 tows per survey 140 tows per survey 140 tows per survey 180 tows total per 180 tows per research Up to 250 tows per per year. per year. per year per year. year. area. survey per year. Total number of samples • • • • • • • EGION R SLANDS I Gear details ACIFIC P Tow speed: 2.5–3.5 kt ...... Duration: 60–240 minutes Depth: deployed at various Tow speed: 2.5–3.5 kts ...... Duration: 60 min ...... Depth: Surface ...... Tow speed: 2.5–3.5 kts ...... Duration: 60 min ...... Depth: Surface ...... Tow Speed: 2.5–3.5 kts ...... Duration: 30–60 min ...... Depth: 0–3 m ...... Tow speed: 3 kts ...... Duration: 60–240 min ...... Tow Speed: 2.5–3.5 kts ...... Duration: 30–60 min ...... Tow Speed: varied ...... Duration: <1 hour ...... (min). depths during same tow to target fish at different water depths, usually to 250 m. • • • • • • • • • • • • • • • • • • CTIVITIES IN THE A Gear used Cobb trawl (midwater Isaacs-Kidd 6-ft net Dip net (surface) ...... Trawl mounted OES Isaacs-Kidd 6-foot net Cobb trawl (midwater Small-mesh towed net Neuston, or similar, trawl) or Isaacs-Kidd 10-foot (ft) net (midwater trawl). (surface trawl). Netmind (midwater). (surface) Neuston tows (surface) 1-m ring net (surface). trawl). (surface trawl). plankton nets surface towed alongside ship and/or small boats. • • • • • • • • ESEARCH R COSYSTEM E at sea (DAS) Year-round ...... HARA: up to 20 Days at Sea MARA, ASARA, WCPRA: up Midwater trawls are conducted Year-round...... HARA: up to 25 DAS...... MARA, ASARA, WCPRA: up Surface trawls are conducted Variable timing, depending on Midwater trawls are conducted Annually, or on an as- needed Surface trawls are conducted UAS are conducted during the Usually conducted in non-win- (DAS). to 30 DAS. area every three years. at night, surface trawls are conducted day and night. to 25 DAS approximately once in research area every three years.. day and night.. ship availability, up to 180 DAS. ter months. at night, surface trawls are conducted day and night. basis, up to 30 DAS. day and night. day or night. Season, frequency & yearly days • • • approximately once in research • • • • • • • • • • • ISHERIES AND operation PIFSC F General area of HARA, MARA, 3–200 nmi from shore HARA, MARA, 1–25 nmi from shore HARA, MARA, HARA, MARA, ASARA, WCPRA. ASARA, WCPRA. ASARA, WCPRA. ASARA, WCPRA. • • • • • • ESCRIPTION OF D Survey description UMMARY history and stock structure studies for pelagic larval and juvenile stage specimens of insular fish. Additional habitat information is also collected. Target species are snapper, grouper, and coral reef fish species within the 0–175 m depth range.. larval stages for population genetic studies and include the characterization of habitat for early life stages of pelagic species. Egg and larval collections are taken in surface waters using a variety of plankton gear, primarily Isaac- Kidd 6-foot surface trawl, but also sometimes including 1- meter ring net and surface neuston net.. conjunction with cetacean visual and acoustic surveys within the Hawai‘i EEZ to develop ecosystem models for cetaceans. Sampling also includes active acoustics to determine relative biomass density of sound scattering layers; trawls to sample within the scattering layers; cetacean observations; surface and water column oceanographic measurements and water sample collection.. tows to quantify floating micro- plastic in seawater. Results of sampling inform life Early life history studies provide Survey transects conducted in Surface and midwater plankton 1—S ABLE T Survey name Insular Fish Species. Highly Migratory Species. ment. and Removal. Sampling Pelagic Stages of Spawning Dynamics of Cetacean Ecology Assess- Marine Debris Research

VerDate Sep<11>2014 19:40 Mar 19, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\22MRP2.SGM 22MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 15306 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules (approximated) HARA: 350 operations Other areas: 240 op- A total of up to 2 op- HARA: 7,680 oper- MARA: 1.920 every ASARA: 1,920 every WCPRA: 1,920 every 15–20 tows/yr. No more than 50 Approximately 10 per year. erations per year for each research area. erations of any these gear types per DAS, totaling 28 operations (all types combined) for the survey. ations per year. 3rd year (average) 640 operations per year). 3rd year (average e 640 per year). 3rd year (average 640 per year). hours of effort. mesopelagic squid caught per yr. Total number of samples • • • • • • • • • • —Continued EGION R Gear details SLANDS I Hand line, electric or hydraulic Each operation involves 1–3 Squid bait on circle hooks Troll fishing with up to 4 troll Hand, electric, hydraulic reels. Each vessel fishes 2 lines. 1–30 minutes per fishing oper- Tow speed: 3 kts ...... Duration: 60–240 min ...... Electric or hydraulic reel: Each Pelagic handline (hook-and- reel. lines with.4–6 hooks per line; soaked 1–30 min. (typically 10/0 to 12/0). lines each with 1–2 baited hooks or 1–2 hook trolling lures at 4–10 kts. line) fishing at 10–100 m midwater depths, with hand, electric, or hydraulic reels. Up to 4 lines. Each line is baited with 4 hooks. Each line is baited with 4–6 hooks.. ation.. operation involves 1–3 lines, with squid lures, soaked 10– 60 min at depths between 200m to 600m. • • • • • • • • • • • ACIFIC P Gear used Hook-and-line ...... Pelagic troll and Hook-and-line ...... Cobb trawl (midwater Hook-and-line ...... handline (hook and line) fishing. trawl). CTIVITIES IN THE • • • • • A ESEARCH R at sea (DAS) COSYSTEM HARA: July–September, up to Other areas: Year-round, up to Day and night ...... Variable, up to 14 DAS Day Variable, up to 30 DAS per re- HARA surveyed annually, Sampling occurs day and night Variable timing, depending on Day and night ...... 15 DAS/yr. 30 DAS for each research area once every three years. and night. search area per year. ASARA, WCPRA surveyed every 3 years. ship availability, up to 10 DAS. E Season, frequency & yearly days • • • • • • • • • ISHERIES AND operation General area of HARA, MARA, 0.2–5 nmi from shore HARA, MARA, 0 to 24 nmi from HARA, MARA, HARA; 2–10 nmi from ASARA, WCPRA. ASARA. shore (excluding any special resource areas). ASARA, WCPRA. shore. • • • • • • PIFSC F ESCRIPTION OF D Survey description water eteline snappers, groupers, and large carangids to determine sex-specific length-at-age growth curves, longevity estimates, length and age at 50% reproductive maturity within the Bottomfish Man- agement Unit Species (BMUS) in Hawai‘i and the other Pacific Islands regions. Specimens are collected in the field and sampled at markets.. collect life history and molec- ular samples from pelagic species. Other target species would be tagged-and-released. Different tags would used depending upon the species and study, but could include: passive, archival, ultrasonic, and satellite tags.. pendent methods to survey bottomfish assemblages in the Main Hawaiian Islands: coordi- nated research between PIFSC and various partners Day and night surveys are used to develop fishery-independent methods to assess stocks of economically important insular fish. the Kona coast and Kohala Shelf area to develop ecosystem models for coral reefs, socioeconomic indicators, circulation patterns, larval fish transport and settlement. Sam- pling includes active acoustics to determine relative biomass density of sound scattering layers; trawls to sample within the scattering layers; cetacean observations; surface and water column oceanographic measurements and water sample collection.. Provide size ranges of deep- Surveys would be conducted to Comparison of fishery-inde- Survey transects conducted off UMMARY 1—S ABLE T Survey name Survey and Studies. Sampling. timation Comparison Sur- veys. Assessment Cruise. Insular Fish Life History Pelagic Troll and Handline Insular fish Abundance Es- Kona Integrated Ecosystem

VerDate Sep<11>2014 19:40 Mar 19, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\22MRP2.SGM 22MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules 15307 10 traps per line set; Up to 100 lines of Catch of 2500 juvenile 15–20 tows per sur- 15–20 tows (any com- 25 gear sets per Up to 400 strings set 1000 sets per survey. Up to 21 longline op- Up to 21 troll or up to 4 line sets soaked per day, from overnight up to 3 days. traps set per yr. stage bottomfish per year. vey per year. bination of the nets described). cruise. per year. erations per year. handline (combined) operations per year. • • • • • • • • • • not Cylindrical traps are clipped Tow speed: 3 kts ...... Duration: 60–240 min trawls; 2 Depth(s): deployed at various Tow speed: 3 kts ...... Duration: up to 60 min ...... Depth: 0–200 m ...... Up to ten Kona crab traps can Up to 20 traps per string, sep- Up to 2 strings per DAS ...... Electric or hydraulic reel: each Soak time: 600–1800 min ...... Troll fishing with up to 4 troll Up to 4 hrs per troll or Pelagic handline (hook-and- throughout the water column onto a vertical line anchored on bottom at up to 400 m, supported by a surface float. tows per night. depths during same tow to target fish at different water depths, usually between 100 m and 200m. be tied together with a buoy on the end net for retrieval. They are left for approximately 20 min. Two strings of six enclosure traps each would be deployed at night on sand, rubble and pavement ( i.e. coral) substrate, and retrieved the next morning. arated by 20 fathoms of ground line; two depths 10–35 fathoms. operation involves 1–3 lines, with squid lures, soaked 10– 60 min at depths between 200 m to 600 m. lines each with 1–2 baited hooks or 1–2 hook troll lures at 4–10 kts. line) fishing at 10–100 m midwater depths, with hand, electric, or hydraulic reels. Up to 4 lines. Each line is baited with 4 hooks. handline operation. • • • • • • • • • • • • • • • Trap (settlement) ...... Large-mesh Cobb Small-mesh surface Traps (Kona crab, en- Hook-and-line ...... Pelagic longline ...... Trolling, and handline midwater trawl Isaacs- Kidd midwater trawl. trawl nets (Isaacs- Kidd, neuston, ring, bongo nets). closure). (hook-and-line). • • • • • • • July–September ...... Up to 25 DAS Day and night .. May—August Up to 102 DAS Midwater trawls are conducted In-water activities are con- 21 DAS ...... Day and night ...... (once every three years). at night, surface trawls are conducted day and night. ducted during the day. All oth- ers are day and night. • • • • • • • HARA ...... 0.2–5 nmi from shore MARA ...... 0–25 nmi from shore HARA ...... Longline fishing would Longline fishing would Trolling and handline occur outside of: (1) All longline exclusions zones in the Hawai‘i EEZ; (2) the Insular False Killer Whale range, and (3) all special resource areas. occur up to approximately 500 nmi from the shores of Hawai‘i Archipelago. occurs 25 to 500 nmi from shore (excluding any special resource areas). • • • • • • • • nile recruits of eteline snappers and grouper that have recently transitioned from the pelagic to demersal habitat. Target species include Deep-7 bottomfish and the settlement habitats these stages are associated with. baseline bottomfish and reef fish resources in the Mariana Archipelago Research Area. Various artificial habitat de- signs, Cobb trawl and IK trawls will be developed, en- closed in mesh used to retain captures, and evaluated collect pelagic-stage specimens of reef fish and bottomfish species. Traps will be primarily set in mesophotic habitats (50–200 m depths) and in the quality of each habitat for recent recruits. deep-slope bottomfish habitats (200–500m depths). ious types of hooks, hook guards, gear configurations, or other modified fishing practices for reducing the bycatch of non-target species and re- taining or increasing target catch. Sampling activity to capture juve- Investigate effectiveness of var- Bottomfish via Settlement Traps. Handline Gear Trials. Sampling of Juvenile-stage Survey..Resource Sampling activity to quantify Mariana Pelagic Longline, Troll, and

VerDate Sep<11>2014 19:40 Mar 19, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\22MRP2.SGM 22MRP2 jbell on DSKJLSW7X2PROD with PROPOSALS2 15308 Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules (approximated) 1–30 minute casts. 60 casts per survey. 10 dives per survey. 10 fin clips collected 20 tows per year, al- 20 drops per year 15–20 tows (any com- for genetic analyses. ternating with Kona IEA cruise 4 liters of micronekton per tow. (collections would be less than one liter of plankton). bination of the nets described) <1 liter of organisms per tow. Total number of samples • • • • • • • —Continued EGION R Gear details SLANDS I Standard rod and reel using SCUBA, snorkel, 12-inch di- Tow speed: 3 kts ...... Duration: 60–240 min ...... 1 meter diameter plankton Duration: up to 60 min. Depth: 0–200 m ...... lures or fish bait from shoreline or small boat. ameter small mesh hand net. drop net would be deployed down to 100 m. • • • • • • • ACIFIC P Gear used Hook-and-line ...... Divers with hand net Large-mesh Cobb Plankton drop net Small-mesh surface or speargun. midwater trawl. (stationary surface sampling). and midwater trawl nets (Isaacs-Kidd, neuston, ring, bongo nets). CTIVITIES IN THE • • • • • A ESEARCH R at sea (DAS) COSYSTEM Up to 14 DAS ...... Conducted during the day ...... Annual (season variable) Up Midwater trawls are conducted All other activities are con- to 30 DAS. at night, surface trawls are conducted day and night. ducted day and night. E Season, frequency & yearly days • • • • • ISHERIES AND operation General area of WCPRA ...... 25–1000 nmi from WCPRA ...... shore in any direction. • • • PIFSC F fronts) ESCRIPTION OF D Survey description and biological features that define the habitats for important commercial and protected species of the North Pacific Ocean. Sampling also includes active acoustics to determine relative biomass density of sound scattering layers; trawls to sample within the scattering layers; surface and water column oceanographic measurements and water sample collection. tribution of reef fish (including juvenile bumphead parrotfish). Investigate physical ( e.g., Measure the abundance and dis- UMMARY 1—S ABLE T Survey name Cruise. terization. Pelagic Oceanographic Lagoon Ecosystem Charac-

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Description of Active Acoustic Sound instantaneous sound pressure decay period that may include a period Sources—This section contains a brief measurable in the water at a specified of diminishing, oscillating maximal and technical background on sound, the distance from the source and is minimal pressures, and generally have characteristics of certain sound types, represented in the same units as the rms an increased capacity to induce physical and on metrics used in this proposal sound pressure (dB re 1 mPa). injury as compared with sounds that inasmuch as the information is relevant Sound exposure level (SEL; lack these features. Non-pulsed sounds to PIFSC’s specified activity and to an represented as dB re 1 mPa2-second) can be tonal, narrowband, or broadband, understanding of the potential effects of represents the total energy in a stated brief or prolonged, and may be either the specified activity on marine frequency band over a stated time continuous or intermittent (ANSI, 1995; mammals found later in this document. interval or event, and considers both NIOSH, 1998). Some of these non- We also describe the active acoustic intensity and duration of exposure. The pulsed sounds can be transient signals devices used by PIFSC. For general per-pulse SEL is calculated over the of short duration but without the information on sound and its interaction time window containing the entire essential properties of pulses (e.g., rapid with the marine environment, please pulse (i.e., 100 percent of the acoustic rise time). Examples of non-pulsed see, e.g., Au and Hastings (2008); energy). SEL is a cumulative metric; it sounds include those produced by Richardson et al. (1995); Urick (1983). can be accumulated over a single pulse, vessels, aircraft, machinery operations Sound travels in waves, the basic or calculated over periods containing such as drilling or dredging, vibratory components of which are frequency, multiple pulses. Cumulative SEL pile driving, and active sonar systems. wavelength, velocity, and amplitude. represents the total energy accumulated The duration of such sounds, as Frequency is the number of pressure by a receiver over a defined time received at a distance, can be greatly waves that pass by a reference point per window or during an event. extended in a highly reverberant unit of time and is measured in hertz When underwater objects vibrate or environment. Non-pulsed sounds (Hz) or cycles per second. Wavelength is activity occurs, sound-pressure waves typically have less capacity to induce the distance between two peaks or are created. These waves alternately physical injury as compared with corresponding points of a sound wave compress and decompress the water as pulsed sounds. All active acoustic (length of one cycle). Higher frequency the sound wave travels. Underwater sources used by PIFSC produce non- sounds have shorter wavelengths than sound waves radiate in a manner similar pulsed intermittent sound. lower frequency sounds, and typically to ripples on the surface of a pond and A wide range of active acoustic attenuate (decrease) more rapidly, may be either directed in a beam or sources are used in PIFSC fisheries except in certain cases in shallower beams (as for the sources considered surveys for remotely sensing water. Amplitude is the height of the here) or may radiate in all directions bathymetric, oceanographic, and sound pressure wave or the ‘‘loudness’’ (omnidirectional sources). The biological features of the environment. of a sound and is typically described compressions and decompressions Most of these sources involve relatively using the relative unit of the decibel associated with sound waves are high frequency, directional, and brief (dB). A sound pressure level (SPL) in dB detected as changes in pressure by repeated signals tuned to provide is described as the ratio between a aquatic life and man-made sound sufficient focus and resolution on measured pressure and a reference receptors such as hydrophones. specific objects. PIFSC also uses passive pressure (for underwater sound, this is Sounds are often considered to fall listening sensors (i.e., remotely and 1 microPascal (mPa)) and is a into one of two general types: Pulsed passively detecting sound rather than logarithmic unit that accounts for large and non-pulsed (defined in the producing it), which do not have the variations in amplitude; therefore, a following paragraphs). The distinction potential to impact marine mammals. relatively small change in dB between these two sound types is PIFSC active acoustic sources include corresponds to large changes in sound important because they have differing various echosounders (e.g., multibeam pressure. The source level (SL) potential to cause physical effects, systems), scientific sonar systems, represents the SPL referenced at a particularly with regard to hearing (e.g., positional sonars (e.g., net sounders for distance of 1 m from the source Ward, 1997 in Southall et al., 2007). determining trawl position), and (referenced to 1 mPa), while the received Please see Southall et al. (2007) for an environmental sensors (e.g., current level is the SPL at the listener’s position in-depth discussion of these concepts. profilers). (referenced to 1 mPa). The distinction between these two Mid- and high-frequency underwater Root mean square (rms) is the sound types is not always obvious, as acoustic sources typically used for quadratic mean sound pressure over the certain signals share properties of both scientific purposes operate by creating duration of an impulse. Root mean pulsed and non-pulsed sounds. A signal an oscillatory overpressure through square is calculated by squaring all of near a source could be categorized as a rapid vibration of a surface, using either the sound amplitudes, averaging the pulse; but, due to propagation effects as electromagnetic forces or the squares, and then taking the square root it moves farther from the source, the piezoelectric effect of some materials. A of the average. Root mean square signal duration becomes longer (e.g., vibratory source based on the accounts for both positive and negative Greene and Richardson, 1988). Pulsed piezoelectric effect is commonly values; squaring the pressures makes all sound sources (e.g., airguns, explosions, referred to as a transducer. Transducers values positive so that they may be gunshots, sonic booms, impact pile are usually designed to excite an accounted for in the summation of driving) produce signals that are brief acoustic wave of a specific frequency, pressure levels. This measurement is (typically considered to be less than one often in a highly directive beam, with often used in the context of discussing second), broadband, atonal transients the directional capability increasing behavioral effects, in part because (ANSI, 1986, 2005; Harris, 1998; NIOSH, with operating frequency. The main behavioral effects, which often result 1998; ISO, 2003) and occur either as parameter characterizing directivity is from auditory cues, may be better isolated events or repeated in some the beam width, defined as the angle expressed through averaged units than succession. Pulsed sounds are all subtended by diametrically opposite by peak pressures. Peak sound pressure characterized by a relatively rapid rise ‘‘half power’’ (¥3 dB) points of the (also referred to as zero-to-peak sound from ambient pressure to a maximal main lobe. For different transducers at pressure or 0-pk) is the maximum pressure value followed by a rapid a single operating frequency the beam

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width can vary from 180° (almost potential impact on marine mammals; distributions and estimate the omnidirectional) to only a few degrees. however, we have analyzed the effects abundances and biomasses of many Transducers are usually produced with of these sources under the assumption types of fish; characterize their biotic either circular or rectangular active that they will be operating at and abiotic environments; investigate surfaces. For circular transducers, the frequencies and energy outputs that are ecological linkages; and gather beam width in the horizontal plane most likely to be detected by marine information about their schooling (assuming a downward pointing main mammals and may result in Level B behavior, migration patterns, and beam) is equal in all directions, whereas harassment. avoidance reactions to the survey vessel. rectangular transducers produce more We now describe specific acoustic The use of multiple frequencies allows complex beam patterns with variable sources used by PIFSC. The acoustic coverage of a broad range of marine beam width in the horizontal plane. system used during a particular survey acoustic survey activity, ranging from The types of active sources employed is optimized for surveying under studies of small plankton to large fish in fisheries acoustic research and specific environmental conditions (e.g., schools in a variety of environments monitoring, based largely on their depth and bottom type). Lower from shallow coastal waters to deep relatively high operating frequencies frequencies of sound travel further in ocean basins. Simultaneous use of and other output characteristics (e.g., the water (i.e., longer range) but provide several discrete echosounder signal duration, directivity), should be lower resolution (i.e., less precision). frequencies facilitates accurate estimates considered to have very low potential to Pulse width and power may also be of the size of individual fish, and can cause effects to marine mammals that adjusted in the field to accommodate a also be used for species identification would rise to the level of a ‘‘take,’’ as variety of environmental conditions. based on differences in frequency- defined by the MMPA. Acoustic sources Signals with a relatively long pulse dependent acoustic backscattering operating at high output frequencies (≤ width travel further and are received among species. 180 kHz) that are outside the known more clearly by the transducer (i.e., (2) Multibeam Echosounder and functional hearing capability of any good signal-to-noise ratio) but have a Sonar—Multibeam echosounders and marine mammal are unlikely to be lower range resolution. Shorter pulses sonars operate similarly to the devices detected by marine mammals. Although provide higher range resolution and can described above. However, the use of it is possible that these systems may detect smaller and more closely spaced multiple acoustic ‘‘beams’’ allows produce subharmonics at lower objects in the water. Similarly, higher coverage of a greater area compared to frequencies, this component of acoustic power settings may decrease the utility single beam sonar. The sensor arrays for output would also be at significantly of collected data. For example, power multibeam echosounders and sonars are lower SPLs. While the production of level is adjusted according to bottom usually mounted on the keel of the subharmonics can occur during actual type, as some bottom types have a vessel and have the ability to look operations, the phenomenon may be the stronger return and require less power horizontally in the water column as well result of issues with the system or its to produce data of sufficient quality. as straight down. Multibeam installation on a vessel rather than an Accordingly, power is typically set to echosounders and sonars are used for issue that is inherent to the output of the lowest level possible in order to mapping seafloor bathymetry, the system. Many of these sources also receive a clear return with the best data. estimating fish biomass, characterizing generally have short duration signals Survey vessels may be equipped with fish schools, and studying fish behavior. and highly directional beam patterns, multiple acoustic systems; each system (3) Acoustic Doppler Current Profiler meaning that any individual marine has different advantages that may be (ADCP)—An ADCP is a type of sonar mammal would be unlikely to even utilized depending on the specific used for measuring water current receive a signal that would likely be survey area or purpose. In addition, velocities simultaneously at a range of inaudible. many systems may be operated at one of depths. Whereas current depth profile Acoustic sources present on most two frequencies or at a range of measurements in the past required the PIFSC fishery research vessels include a frequencies. Primary source categories use of long strings of current meters, the variety of single, dual, and multi-beam are described below, and characteristics ADCP enables measurements of current echosounders (many with a variety of of representative predominant sources velocities across an entire water modes), sources used to determine the are summarized in Table 2. column. The ADCP measures water orientation of trawl nets, and several Predominant sources are those that, currents with sound, using the Doppler current profilers with lower output when operated, would be louder than effect. A sound wave has a higher frequencies that overlap with hearing and/or have a larger acoustic footprint frequency when it moves towards the ranges of certain marine mammals (e.g., than other concurrently operated sensor (blue shift) than when it moves 30–180 kHz). However, while likely sources, at relevant frequencies. away (red shift). The ADCP works by potentially audible to certain species, (1) Single and Multi-Frequency transmitting ‘‘pings’’ of sound at a these sources also have generally short Narrow Beam Scientific Echosounders— constant frequency into the water. As ping durations and are typically focused Echosounders and sonars work by the sound waves travel, they ricochet off (highly directional) to serve their transmitting acoustic pulses into the particles suspended in the moving intended purpose of mapping specific water that travel through the water water, and reflect back to the objects, depths, or environmental column, reflect off the seafloor, and instrument. Due to the Doppler effect, features. These characteristics reduce return to the receiver. Water depth is sound waves bounced back from a the likelihood of an animal receiving or measured by multiplying the time particle moving away from the profiler perceiving the signal. A number of these elapsed by the speed of sound in water have a slightly lowered frequency when sources, particularly those with (assuming accurate sound speed they return. Particles moving toward the relatively lower output frequencies measurement for the entire signal path), instrument send back higher frequency coupled with higher output levels can while the returning signal itself carries waves. The difference in frequency be operated in different output modes information allowing ‘‘visualization’’ of between the waves the profiler sends (e.g., energy can be distributed among the seafloor. Multi-frequency split-beam out and the waves it receives is called multiple output beams) that may lessen echosounders are deployed from PIFSC the Doppler shift. The instrument uses the likelihood of perception by and survey vessels to acoustically map the this shift to calculate how fast the

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particle and the water around it are mounted to a mooring or to the bottom and monitoring gear. Net sounders give moving. Moreover, sound waves that hit of a boat. ADCPs that are moored need information about the concentration of particles far from the profiler take longer an anchor to keep them on the bottom, fish around the opening to the trawl, as to come back than waves that strike batteries, and a data logger. Vessel- well as the clearances around the close by. By measuring the time it takes mounted instruments need a vessel with opening and the bottom of the trawl; for the waves to return to the sensor, power, a shipboard computer to receive catch sensors give information about the and the Doppler shift, the profiler can the data, and a GPS navigation system rate at which the codend is filling; measure current speed at many different so the ship’s movements can be symmetry sensors give information depths with each series of pings. subtracted from the current velocity about the optimal geometry of the An ADCP anchored to the seafloor can data. ADCPs operate at frequencies trawls; and tension sensors give measure current speed not just at the between 75 and 300 kHz. bottom, but at equal intervals to the (4) Net Monitoring Systems—During information about how much tension is surface. An ADCP instrument may be trawling operations, a range of sensors in the warps and sweeps. anchored to the seafloor or can be may be used to assist with controlling

TABLE 2—OPERATING CHARACTERISTICS OF REPRESENTATIVE PREDOMINANT PIFSC ACTIVE ACOUSTIC SOURCES

Single ping Operating Maximum duration (ms) Nominal Active acoustic system frequencies source level and repetition Orientation/directionality beamwidth rate (Hz)

Simrad EK60 narrow beam echosounder ...... 38, 70, 120, 224 dB ...... 1 ms at 1 Hz Downward looking ...... 7° 200 kHz. Simrad EM300 multibeam echosounder ...... 30 kHz ...... 237 dB ...... 0.7–15 ms at Downward looking ...... 1° 5 Hz. ADCP Ocean Surveyor ...... 75 kHz ...... 223.6 dB ...... 1 ms at 4 Hz Downward looking (30° tilt) ... 4° Netmind ...... 30, 200 kHz 190 dB ...... up to 0.3 ms Trawl-mounted ...... 50° at 7–9 Hz.

Nearshore and Land-based Surveys— information about group size and occurrence in the specified geographical The Pacific Reef Assessment and seasonality). Additional information regions are listed in Table 3, the listed Monitoring Program (RAMP) and regarding population trends and threats stocks are in most cases specific to the Marine Debris Research and Removal may be found in NMFS’s Stock Hawaiian EEZ. The only exceptions are Surveys involve circumnavigating Assessment Reports (SAR; NMFS-designated stocks for the islands and atolls using small vessels www.fisheries.noaa.gov/national/ humpback whale, rough-toothed that may approach the shoreline. marine-mammal-protection/marine- dolphin, spinner dolphin, and false Additionally, the Marine Debris mammal-stock-assessments) and more killer whale in American Samoa Research and Removal Surveys may general information about these species (animals belonging to these stocks involve land vehicle (trucks) operations (e.g., physical and behavioral would occur in the ASARA), and a false in areas of marine debris where vehicle descriptions) may be found on NMFS’s killer whale stock designated for access is possible from highways or website (www.fisheries.noaa.gov/find- Palmyra Atoll (animals belonging to this rural/dirt roads adjacent to coastal species). stock would occur in the WCPRA). With resources. The RAMP and Marine Table 3 lists all species with expected the exception of the humpback whale, Debris Research and Removal Surveys potential for occurrence in the specified which is discussed in greater detail have the potential to disturb pinnipeds geographical regions where PIFSC following Table 3, and the hauled out during research activities proposes to conduct the specified aforementioned Palmyra Atoll stock of either from approaches of nearshore activity and summarizes information false killer whale, animals of any small vessel based research or land related to the population or stock, species occurring in the MARA or areas based debris research and clean-up including regulatory status under the of the WCPRA outside of the Hawaiian activities. MMPA and ESA and potential EEZ and American Samoa EEZ would biological removal (PBR), where known. not be part of any NMFS-designated Description of Marine Mammals in the For taxonomy, we follow the Society for stock. Aside from the four species listed Area of the Specified Activity Marine Mammalogy Committee on above, animals of any species occurring We have reviewed PIFSC’s species Taxonomy (2020). PBR, defined by the in the American Samoa EEZ would not descriptions—which summarize MMPA as the maximum number of be part of any NMFS-designated stock. available information regarding status animals, not including natural As a reminder, the HARA, MARA, and and trends, distribution and habitat mortalities, that may be removed from a ASARA are considered to include preferences, behavior and life history, marine mammal stock while allowing waters of the contiguous zone around and auditory capabilities of the that stock to reach or maintain its these archipelagoes (i.e., 0–24 nmi from potentially affected species—for optimum sustainable population, is land), while the WCPRA is considered accuracy and completeness and refer the discussed in greater detail later in this to include all remaining EEZ waters reader to Sections 3 and 4 of PIFSC’s document (see ‘‘Negligible Impact around those archipelagoes as well as application, instead of reprinting the Analysis’’). the high seas and waters around U.S. information here (note that PIFSC Stocks are not designated for most possessions of the Pacific Remote provides additional information species in areas of the specified Islands Area. regarding marine mammal observations geographical regions outside of the Marine mammal abundance estimates around the Main Hawaiian Islands in Hawaiian EEZ. Therefore, while all presented in this document represent Table 3.3 of their application, including species with expected potential for the total number of individuals that

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make up a given stock or the total populations associated with different research gear or that are not likely to be number estimated within a particular regions within the Hawaiian Islands, harassed by PIFSC’s use of active study or survey area. Abundance and separate stocks are designated acoustic devices are described briefly estimates and related information, PBR accordingly. NMFS-designated stocks but omitted from further analysis. These values, and annual M/SI values given in for American Samoa include animals include extralimital species, which are Table 3 are specific to the stocks for occurring within U.S. EEZ waters species that do not normally occur in a which they are listed. This information around American Samoa. All managed given area but for which there are one is generally not available for these stocks in the specified geographical or more occurrence records that are species occurring in areas outside the regions are assessed in either NMFS’s considered beyond the normal range of ranges of NMFS-designated stocks. U.S. Pacific SARs or U.S. Alaska SARs. the species. Extralimital species or NMFS-designated stocks in the Hawai1i All values presented in Table 3 are the stocks include the North Pacific right region include animals found both most recent available at the time of within the Hawaiian Islands EEZ and in writing and are available online at: whale (Eubalaena japonica; all areas adjacent high seas waters; however, www.fisheries.noaa.gov/national/ except ASARA), Omura’s whale because data on abundance, marine-mammal-protection/marine- (Balaenoptera omurai; all areas), distribution, and human-caused impacts mammal-stock-assessments. Antarctic minke whale (B. bonaerensis; are largely lacking for high seas waters, Twenty-six species (with 46 managed ASARA and WCPRA), southern the status of these stocks are generally stocks; no stock is designated for bottlenose whale (Hyperoodon evaluated based on data from the U.S. Deraniyagala’s beaked whale) are planifrons; ASARA and WCPRA), EEZ waters of the Hawaiian Islands considered to have the potential to co- common dolphin (Delphinus delphis; (including the Main Hawaiian Islands occur with and potentially be taken by all areas), northern elephant seal and Northwestern Hawaiian Islands). PIFSC activities. Species that could (Mirounga angustirostris; HARA and For certain species, existing data potentially occur in the research areas WCPRA), and northern fur seal support the existence of but are not expected to have the (Callorhinus ursinus; HARA and demographically distinct resident potential for interaction with PIFSC WCPRA). TABLE 3—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF PIFSC RESEARCH ACTIVITIES

Occurrence 2 ESA/ A W MMPA Stock abundance 1 H M Annual Common name Scientific name Stock S C status; (CV, Nmin, most recent PBR 5 A A 4 M/SI R R A P strategic abundance survey) R R (Y/N) 3 I I I A I A I A I A I Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) Family Balaenopteridae (rorquals)

Humpback whale * ...... Megaptera novaeangliae American Samoa ...... X X X X -; N ...... unk (n/a; 150; 2008) ...... 0.4 0 kuzira. Central North Pacific ...... E/D; Y .... 10,103 (0.3; 7,891; 83 25 (CNP). 2006). Western North Pacific ...... E/D; Y .... 1,107 (0.3; 865; 2006) .. 3 2.6 Minke whale ...... Balaenoptera Hawaii ...... X X X X -; N...... unk ...... undet 0 acutorostrata scammoni. Bryde’s whale ...... B. edeni brydei ...... Hawaii ...... X X X X -; N...... 1,751 (0.29; 1,378; 13.8 0 2010). Sei whale ...... B. borealis borealis ...... Hawaii ...... X X ...... X E/D; Y .... 391 (0.9; 204; 2010) ..... 0.4 0.2 Fin whale ...... B. physalus physalus .... Hawaii ...... X X ...... X E/D; Y .... 154 (1.05; 75; 2010) ..... 0.1 0 Blue whale ...... B. musculus musculus .. CNP ...... X X ...... X E/D; Y .... 133 (1.09; 63; 2010) ..... 0.1 0

Superfamily Odontoceti (toothed whales, dolphins, and porpoises) Family Physeteridae

Sperm whale ...... Physeter macrocephalus Hawaii ...... X X X X E/D; Y.... 4,559 (0.33; 3,478; 13.9 0.7 2010).

Family Kogiidae

Pygmy sperm whale ...... Kogia breviceps ...... Hawaii ...... X X ...... X -; N...... unk ...... undet 0 Dwarf sperm whale ...... K. sima ...... Hawaii 6 ...... X X X X -; N...... unk ...... undet 0

Family Ziphiidae (beaked whales)

Cuvier’s beaked whale .. Ziphius cavirostris ...... Hawaii ...... X X X X -; N ...... 723 (0.69; 428; 2010) ... 4.3 0 Longman’s beaked Indopacetus pacificus .... Hawaii ...... X ...... X -; N ...... 7,619 (0.66; 4,592; 46 0 whale. 2010). Blainville’s beaked Mesoplodon densirostris Hawaii ...... X X ...... X -; N ...... 2,105 (1.13; 980; 2010) 10 0 whale. Deraniyagala’s beaked M. hotaula ...... n/a ...... X -; N...... unk ...... undet unk whale.

Family Delphinidae

Rough-toothed dolphin * Steno bredanensis ...... Hawaii ...... X X X X -; N...... 72,528 (0.39; 52,833; 423 2.1 2010). American Samoa ...... -; N ...... unk ...... undet unk Common bottlenose dol- Tursiops truncatus Hawai1i Pelagic ...... X X X X -; N ...... 21,815 (0.57; 13,957; 140 0 phin *. truncatus. 2010). I IKauai and Ni1ihau ...... I ...... I ...... I ...... I ...... I -; N ...... I 184 (0.11; 97; 2015) ..... I 1.0 I unk

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TABLE 3—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF PIFSC RESEARCH ACTIVITIES—Continued

Occurrence 2 ESA/ A W MMPA Stock abundance 1 H M Annual Common name Scientific name Stock S C status; (CV, Nmin, most recent PBR 5 A A 4 M/SI R R A P strategic abundance survey) R R (Y/N) 3 A A A A

Oahu 6 ...... -; N ...... 743 (0.54; 388; 2006) ... undet unk 4-Island Region 6 ...... -; N ...... 191 (0.24; unk; 2006) .... undet unk Hawai1i Island ...... -; N ...... 128 (0.13; 91; 2013) ..... 0.9 unk Pantropical spotted dol- Stenella attenuata Hawai1i Pelagic ...... X X X X -; N ...... 55,795 (0.4; 40,338; 403 0 phin *. attenuata. 2010). Oahu ...... -; N ...... unk ...... undet unk 4-Island Region ...... -; N ...... unk ...... undet unk Hawai1i Island ...... -; N ...... unk ...... undet ≥ 0.2 Spinner dolphin * ...... S. longirostris Hawai1i Pelagic ...... X X X X -; N ...... unk ...... undet 0 longirostris. Kauai and Ni1ihau ...... -; N ...... 601 (0.2; unk; 2005) ...... undet unk Oahu/4-Island Region ...... -; N ...... 355 (0.09; unk; 2007) .... undet unk Hawai1i Island ...... -; N ...... 665 (0.09; 617; 2012) ... 6.2 unk Kure and Midway Atoll 6 ...... -; N ...... 260 (n/a; 139; 1998) ..... undet unk Pearl and Hermes Reef ...... -; N ...... unk ...... undet unk American Samoa ...... -; N ...... unk ...... undet unk Striped dolphin ...... S. coeruleoalba ...... Hawai1i Pelagic ...... X X ...... X -; N ...... 61,021 (0.38; 44,922; 449 0 2010). Fraser’s dolphin ...... Lagenodelphis hosei ..... Hawaii ...... X X ...... X -; N ...... 51,491 (0.66; 31,034; 310 0 2010). Risso’s dolphin ...... Grampus griseus ...... Hawaii ...... X X ...... X -; N ...... 11,613 (0.43; 8,210; 82 0 2010). Melon-headed whale * ... Peponocephala electra Hawaii ...... X X ...... X -; N ...... 8,666 (1.0; 4,299; 2010) 43 0 Kohala Resident ...... -; N ...... 447 (0.12; 404; 2009) ... 4 0 Pygmy killer whale ...... Feresa attenuata ...... Hawaii ...... X X ...... X -; N ...... 10,640 (0.53; 6,998; 56 1.1 2010). False killer whale * ...... Pseudorca crassidens ... Northwestern Hawaiian X X X X -; N ...... 617 (1.11; 290; 2010) ... 2.3 0.4 Islands. Hawai1i Pelagic ...... -; N ...... 1,540 (0.66; 928; 2010) 9.3 7.6 Hawai1i Insular ...... E/D; Y .... 167 (0.14; 149; 2015) ... 0.3 0 American Samoa ...... -; N ...... unk ...... undet unk Palmyra Atoll ...... -; N ...... 1,329 (0.65; 806; 2005) 6.4 0.3 Killer whale ...... Orcinus orca ...... Hawaii ...... X X X X -; N ...... 146 (0.96; 74; 2010) ..... 0.7 0 Short-finned pilot whale Globicephala Hawaii ...... X X X X -; N...... 19,503 (0.49; 13,197; 106 0.9 macrorhynchus. 2010).

Order Carnivora—Superfamily Pinnipedia Family Phocidae (earless seals)

Hawaiian monk seal * .... Neomonachus Hawaii ...... X ...... X E/D; Y .... 1,351 (0.03; 1,325; 4.6 ≥1.6 schauinslandi. 2017). * Species marked with an asterisk are addressed in further detail in text below. Additional detail for all species may be found in Sections 3 and 4 of PIFSC’s application. 1 All species with potential for take by PIFSC are presented in Table 1. All known stocks are presented here but marine mammals in the MARA, ASARA, and WCPRA are generally not assigned to designated stocks. 2 HARA: Hawaiian Archipelago Research Area; MARA: Mariana Archipelago Research Area; ASARA: American Samoa Archipelago Research Area; WCPRA: Western and Central Pacific Research Area. 3 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 within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 4 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 5 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. 6 Abundance estimates for these stocks are not considered current. PBR is therefore considered undetermined for these stocks, as there is no current minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates, as these represent the best available information for use in this document.

Humpback Whale—Prior to 2016, managed as not ESA-listed, until such from the Hawai1i DPS; whales humpback whales were listed under the time as the MMPA stock delineations encountered in the MARA from the ESA as an endangered species are reviewed in light of the DPS WNP DPS; and whales encountered in worldwide. Following a 2015 global designations, NMFS considers the the ASARA from the Oceania DPS. status review (Bettridge et al., 2015), existing humpback whale stocks under While not possible to know in advance NMFS established 14 distinct the MMPA to be endangered and the identity of whales encountered in population segments (DPS) with depleted for MMPA management the WCPRA, in reality the DPS identity different listing statuses (81 FR 62259; purposes (e.g., selection of a recovery would likely be determined based on September 8, 2016) pursuant to the ESA. factor, stock status). proximity to either the HARA, MARA, The DPSs that occur in U.S. waters do Within western and central Pacific or ASARA. PIFSC has requested not necessarily equate to the existing waters, three DPSs may occur: The authorization of humpback whale take stocks designated under the MMPA and Western North Pacific (WNP) DPS by M/SI only for the CNP stock (i.e., 1 shown in Table 2. Because MMPA (endangered), Hawai i DPS (not listed), Hawai1i DPS) and has not requested take stocks cannot be portioned, i.e., parts and Oceania DPS (not listed). Whales of humpback whales (from any stock) by managed as ESA-listed while other parts encountered in the HARA would be

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Level B harassment; see ‘‘Estimated stocks, and Caretta et al. (2009) for bottlenose dolphins between islands Take’’ section. additional information on the American and offshore waters and the existence of With regard to abundance, an updated Samoa stock. demographically distinct resident analysis of data from the Structure of Rough-toothed Dolphin—Rough- populations at each of the four MHI Populations, Levels of Abundance and toothed dolphins are found throughout island groups (as reflected in the current Status of Humpback Whales in the the world in tropical and warm- stock designations). Genetic data North Pacific (SPLASH) study provided temperate waters. They are present support inclusion of bottlenose an estimate of 21,808 (CV = 0.04) around all the MHI and have been dolphins in deeper waters surrounding humpback whales in the North Pacific observed close to the islands and atolls the MHI as part of the broadly Ocean (Barlow et al., 2011). Bettridge et at least as far northwest as Pearl and distributed pelagic population which, in al. (2015) stated that this estimate may Hermes Reef in the NWHI. Although Hawaiian waters, is managed as a still be an underestimate of actual analysis of genetic samples indicates pelagic stock. The boundary between humpback whale abundance due to that designation of a separate Hawai1i the pelagic stock and insular stocks is biases that could not be corrected for Island stock may be warranted, only a placed at the 1,000-m isobath (the using the available data. Calambokidis single Hawai1i stock has been boundary between the Oahu and 4- et al. (2008) approximated the size of designated. Waters off the west side of Islands stocks is designated as the whale populations frequenting each Hawai1i Island have been identified as a equidistant between the 500 m isobaths breeding area at 10,000 individuals in BIA for the small and resident around Oahu and the 4-Islands Region, Hawai1i and 1,000 for the WNP areas. population of rough-toothed dolphins through the middle of Kaiwi Channel). Although Barlow et al. (2011) did not (Table 4; Baird et al., 2015). Rough- Although it is likely that additional apportion their estimate to individual toothed dolphins are common in the demographically independent breeding areas, Bettridge et al. (2015) South Pacific from the Solomon Islands populations of bottlenose dolphins exist state that the proportions are likely to be to French Polynesia and the Marquesas, in the NWHI, those animals are similar to those estimated by and have been among the most considered part of the pelagic stock Calambokidis et al. (2008) and therefore commonly observed cetaceans during until additional data become available about 20 percent larger than the summer and winter surveys conducted upon which to base stock designations. Calambokidis et al. (2008) estimates, from 2003–06 around the American Photo-identification studies conducted i.e., 12,000 individuals in the Hawai1i Samoan island of Tutuila (though they from 2012–15 identified a minimum of DPS and 1,200 individuals in the WNP were not observed during 2006 surveys 97 distinct individuals in the Kauai- DPS. The size of the Oceania DPS has of Swain’s Island and the Manua Ni1ihau stock (Table 2), though earlier been estimated at 3,827 (CV = 0.12) Group). In addition, a rough-toothed photo-identification studies conducted whales for a portion of the DPS breeding dolphin was caught incidentally in the from 2003–05 (and now considered range covering New Caledonia, Tonga, American Samoa-based longline fishery outdated) resulted in an abundance French Polynesia, and the Cook Islands in 2008, indicating that some dolphins estimate of 147 (CV = 0.11), or 184 (SPWRC, 2006). maintain a more pelagic distribution. animals when corrected for the In winter, most humpback whales Rough-toothed dolphins are thought to proportion of marked individuals (Baird occur in the subtropical and tropical be common throughout the Samoan et al., 2009). Similarly for the Hawai1i waters of the Northern and Southern archipelago. No abundance estimates Island stock, photo-identification Hemispheres, then migrate to higher are available for rough-toothed dolphins studies conducted from 2000–06 (and latitudes in the summer to feed (Muto in American Samoa, though now considered outdated) resulted in an et al., 2018). Peak abundance in investigation of published density abundance estimate of 102 (CV = 0.13), Hawaiian waters occurs from late- estimates for rough-toothed dolphins in or 128 animals when corrected for the February to early-April (Mobley et al., other tropical Pacific regions yields a proportion of marked individuals (Baird 2001). The Hawaiian Islands Humpback plausible abundance estimate range of et al., 2009), whereas later studies Whale National Marine Sanctuary 692–3,115 rough-toothed dolphins in conducted from 2010–13 identified a (HIHWNMS) was established in 1992 by the American Samoa EEZ. Therefore, a minimum of 91 distinct individuals the U.S. Congress to protect humpback plausible range of PBR values would be (Table 2). For both of these stocks, a whales and their habitat in Hawai1i 3.4–22 dolphins (assuming a default current PBR value is calculated using (NOAA 2018a). The sanctuary provides growth rate and recovery factor of 0.4) essential breeding, calving, and nursing (Carretta et al., 2015). Please see Carretta the more recent minimum abundance areas necessary for the long-term et al. (2015, 2018) for more information estimates. Available abundance recovery of the North Pacific humpback about these stocks. information for other bottlenose dolphin whale population. The HIHWNMS Bottlenose Dolphin—Bottlenose stocks is shown in Table 3. Please see provides protection to humpbacks in the dolphins are widely distributed Carretta et al. (2018) for additional shallow waters (from the shoreline to a throughout the world in tropical and information about these stocks of depth of 100 fathoms or 183 m) around warm-temperate waters. The species is bottlenose dolphin. the four islands area of Maui, Penguin primarily coastal in much of its range, Pantropical Spotted Dolphin— Bank; off the north shore of Kauai, the but there are populations in some Pantropical spotted dolphins are north and south shores of Oahu, and the offshore deepwater areas as well. primarily found in tropical and north Kona and Kohala coast of the Bottlenose dolphins are common subtropical waters worldwide, and have island of Hawai1i (NOAA 2018a). These throughout the Hawaiian Islands, from been observed in all months of the year areas, as well as some of the waters the island of Hawai1i to Kure Atoll, and around the MHI, in areas ranging from surrounding them, are also considered are found in shallow inshore waters and shallow nearshore water to depths of biologically important areas (BIAs) for deep water. Baird et al. (2015) identified 5,000 m, although sighting rates peak in reproduction (Table 3; Baird et al,. three BIAs in the Hawaiian Archipelago depths from 1,500 to 3,500 m. As with 2015). for small and resident populations of bottlenose dolphins, genetic analyses Please see Caretta et al. (2019) for bottlenose dolphins (Table 3). Photo- suggest the existence of island- additional information on the Central identification and genetic studies in the associated stocks. However, although North Pacific and Western North Pacific MHI suggest limited movement of commonly observed off of three of the

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MHI island groups, they are largely the coast (Perryman 2009). Photo- July 24, 2018). Additionally, Baird et al. absent from waters around Kauai and identification and telemetry studies (2015) identified waters throughout the Ni1ihau, and only three insular stocks suggest there are two demographically- MHI as a BIA for the small and resident are designated. The Oahu and 4-Islands independent populations of melon- Main Hawaiian Islands insular stock of stocks are considered to include animals headed whales in Hawaiian waters, the false killer whales (Table 3). As within 20 km of those island groups, Hawaiian Islands stock and the Kohala described in detail below, a take whereas the Hawai1i Island stock resident stock (Carretta et al., 2015). The reduction plan was finalized in 2012 to includes animals within 65 km of Hawaiian Islands stock includes melon- address high rates of false killer whale Hawai1i Island. The pelagic stock headed whales inhabiting waters mortality and serious injury in Hawai1i- includes animals occurring in Hawaiian throughout the U.S. EEZ of the based longline fisheries. Please see EEZ and adjacent high seas waters Hawaiian Islands, including the area of Caretta et al. (2018) for additional outside these insular stock areas. No the Kohala resident stock, and adjacent information on the Hawaiian Islands abundance information is available for high seas waters, and (2) the Kohala Stock Complex (including the MHI the insular stocks. Baird et al. (2015) resident stock, which includes melon- Insular stock, NWHI stock, and Hawai1i identified two BIAs for small and headed whales off the Kohala Peninsula pelagic stock), and Caretta et al. (2011) resident populations of pantropical and west coast of Hawai‘i Island and in and (2012) for additional information on spotted dolphins in the Hawaiian less than 2500m of water. At this time, the American Samoa and Palmyra Atoll Archipelago (Table 3). Please see assignment of individual melon-headed stocks, respectively. Carretta et al. (2018) for additional whales within the overlap area to either Hawaiian monk seal—The majority of information about these stocks. stock requires photographic- the Hawaiian monk seal population can Spinner Dolphin—Spinner dolphins identification of the animal. Resighting be found around the NWHI, but a small occur in all tropical and most sub- data and social network analyses of and growing population lives around ° tropical waters between 30–40 N and photographed individuals indicate very the MHIs. As summarized in Carretta et ° 20–40 S latitude, generally in areas low rates of interchange between the al. (2014, 2012, and citations herein), with a shallow mixed layer, shallow and Hawaiian Islands and Kohala resident Hawaiian monk seals are distributed steep thermocline, and little variation in stocks (Aschettino et al., 2012). This predominantly in six NWHI surface temperature (Perrin 2009a). finding is supported by preliminary subpopulations at French Frigate Within the central and western Pacific, genetic analyses that suggest a restricted Shoals, Laysan and Lisianski Islands, spinner dolphins are island-associated gene flow between the Kohala residents Pearl and Hermes Reef, and Midway and use shallow protected bays to rest and other melon-headed whales and Kure Atoll. They also occur at and socialize during the day then move sampled in Hawaiian waters (Oleson et Necker and Nihoa Islands, which are the offshore at night to feed. They are al., 2013). Baird et al. (2015) identified southernmost islands in the NWHI. common in nearshore waters throughout a BIA for the small and resident Kohola Genetic variation among NWHI monk the Hawaiian archipelago (Carretta et stock of melon-headed whales off the seals is extremely low and may reflect al., 2012). There are seven stocks found northwestern tip of Hawai1i Island both a long-term history at low within the PIFSC fisheries and (Table 3). Please see Caretta et al. (2018) population levels and more recent ecosystem research areas: (1) Hawai‘i for additional information about these human influences (Schultz et al. 2008). Island, (2) Oahu/4-Islands, (3) Kauai/ stocks. On average, 10–15 percent of the seals Ni‘ihau, (4) Pearl & Hermes Reef, (5) migrate among the NWHI Kure/Midway, (6) Hawai‘i pelagic, False Killer Whale—False killer subpopulations. Thus, the NWHI including animals found both within whales occur throughout tropical and subpopulations are not isolated, though the Hawaiian Islands EEZ (outside of warm temperate waters worldwide. the different island subpopulations have island-associated boundaries) and in They are largely pelagic, but also occur exhibited considerable demographic adjacent international waters, and (7) nearshore and in shallow waters around independence. Observed interchange of the American Samoa stock, which oceanic islands (Baird 2009b). Five individuals among the NWHI and MHI includes animals inhabiting the U.S. stocks are recognized in the U.S. EEZ of regions is uncommon, and genetic stock EEZ waters around American Samoa. the Pacific Ocean: (1) The Main structure analysis supports management Baird et al. identified five BIAs for small Hawaiian Islands insular stock, which of the species as a single stock. Please and resident populations of spinner includes animals found within 72 km see Caretta et al. (2019) for additional dolphins within the Hawaiian (38.9 nm) of the MHIs; (2) the NWHI information on this species. Archipelago (Table 3). Please see Caretta stock, which includes animals Take Reduction Planning—Take et al. (2019) for additional information inhabiting waters within the NWHI and reduction plans are designed to help about the Hawaiian Island Stocks a 50 nmi radius around Kauai; (3) the recover and prevent the depletion of Complex (including the Hawai1i Island, Hawai‘i pelagic stock, which includes strategic marine mammal stocks that Oahu/4-islands, Kauai/Ni1ihau, Pearl & animals found inhabiting waters greater interact with certain U.S. commercial Hermes Reef, Midway Atoll/Kure, than 11 km (5.9 nmi) from the MHI, fisheries, as required by Section 118 of Hawai1i Pelagic stocks) and Caretta et al. including adjacent high seas waters; (4) the MMPA. The immediate goal of a (2011) for additional information on the the Palmyra Atoll stock, which includes take reduction plan is to reduce, within American Samoa stock. animals found within the U.S. EEZ of six months of its implementation, the Melon-headed Whale—Melon-headed Palmyra Atoll; and (5) the American M/SI of marine mammals incidental to whales are distributed worldwide in Samoa stock, which includes animals commercial fishing to less than the PBR tropical and warm-temperate waters. found within the U.S. EEZ of American level. The long-term goal is to reduce, The distribution of reported sightings Samoa. On August 23, 2018, NMFS within five years of its implementation, suggests that the oceanic habitat of this designated waters from the 45-m depth the M/SI of marine mammals incidental species is in primarily equatorial waters contour to the 3,200-m depth contour to commercial fishing to insignificant (Perryman et al., 1994). They generally around the main Hawaiian Islands from levels, approaching a zero serious injury occur offshore in deep oceanic waters. Ni1ihau east to Hawai1i as critical habitat and mortality rate, taking into account Nearshore distribution is generally for the Main Hawaiian Islands insular the economics of the fishery, the associated with deep water areas near to DPS of false killer whales (83 FR 35062; availability of existing technology, and

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existing state or regional fishery established per the regulations description of the types of BIAs found management plans. Take reduction implementing the plan was met. PIFSC within PIFSC fishery research areas teams are convened to develop these does not conduct research with longline follows: plans. gear within any of the exclusion zones Reproductive Areas: Areas and For marine mammals off Hawaii, established by the plan, and PIFSC months within which a particular there is currently one take reduction longline gear adheres to all relevant species or population selectively mates, plan in effect (False Killer Whale Take requirements placed on commercial gives birth, or is found with neonates or Reduction Plan). The goal of this plan gear. PIFSC is not conducting other sensitive age classes. is to reduce M/SI of false killer whales commercial fishing as described by the Feeding Areas: Areas and months in Hawaii-based deep-set and shallow- MMPA, but PIFSC is adhering to these within which a particular species or set longline fisheries; the plan addresses commercial fishing restrictions population selectively feeds. These may only the Hawai1i Insular and Hawai1i nevertheless. There are no take either be found consistently in space Pelagic stocks of false killer whale. A reduction plans currently in effect for and time, or may be associated with team was convened in 2010 and a final fisheries in American Samoa, the ephemeral features that are less plan produced in 2012 (77 FR 71260; Marianas, or other locations considered predictable but can be delineated and November 29, 2012). The most recent herein. are generally located within a larger five-year averages of M/SI for these Unusual Mortality Events (UME)—A identifiable area. stocks are below PBR. More information UME is defined under the MMPA as ‘‘a Migratory Corridors: Areas and is available online at: stranding that is unexpected; involves a months within which a substantial www.fisheries.noaa.gov/national/ significant die-off of any marine portion of a species or population is marine-mammal-protection/false-killer- mammal population; and demands known to migrate; the corridor is immediate response.’’ Based on records whale-take-reduction. PIFSC has typically delimited on one or both sides from 1991 to the present, there have not requested the authorization of by land or ice. been any formally recognized UMEs in incidental M/SI for false killer whale; Small and Resident Population: Areas the Pacific Islands. However, some however, this take is expected to migratory whales may have been and months within which small and potentially occur only for the Hawai1i impacted by UMEs occurring in Alaska. resident populations occupying a Pelagic stock or for false killer whales For more information on UMEs, please limited geographic extent exist. belonging to unspecified stocks and visit: www.fisheries.noaa.gov/national/ The delineation of BIAs does not have occurring in high seas waters (see marine-life-distress/marine-mammal- direct or immediate regulatory ‘‘Estimated Take’’ later in this unusual-mortality-events. consequences. Rather, the BIA document). PIFSC longline research assessment is intended to provide the would not occur within the ranges of Biologically Important Areas best available science to help inform other designated stocks of false killer In 2015, NOAA’s Cetacean Density analyses and planning for applicants, whale. and Distribution Mapping Working and to support regulatory and Regulatory measures required by the Group identified Biologically Important management decisions under existing plan include gear requirements, longline Areas (BIAs) for 24 cetacean species, authorities, and to support the reduction prohibited areas, training and stocks, or populations in seven regions of anthropogenic impacts on cetaceans certification in marine mammal (US East Coast, Gulf of Mexico, West and to achieve conservation and handling and release, captains’ Coast, Hawaiian Islands, Gulf of Alaska, protection goals. In addition, the BIAs supervision of marine mammal Aleutian Islands and Bering Sea, and and associated information may be used handling and release, and posting of Arctic) within U.S. waters through an to identify information gaps and NMFS-approved placards on longline expert elicitation process. BIAs are prioritize future research and modeling vessels. On July 18, 2018, NMFS issued reproductive areas, feeding areas, efforts to better understand cetaceans, a temporary rule (83 FR 33848) to close migratory corridors, and areas in which their habitat, and ecosystems. Table 4 one of the prohibited areas to deep-set small and resident populations are provides a list of BIAs found within longline fishing for the remainder of the concentrated. BIAs are region-, PIFSC fisheries research areas (Baird et calendar year, because a bycatch trigger species-, and time-specific. A al., 2015).

TABLE 4—BIOLOGICALLY IMPORTANT AREAS WITHIN PIFSC RESEARCH AREAS

BIA name Species BIA type Time of year Size (km2)

HAWAIIAN ARCHIPELAGO RESEARCH AREA (HARA)

Kure Atoll and Midway Atoll ...... Spinner dolphin ...... Small and resident Year-round ...... 4,630 Pearl and Hermes Reef ...... Spinner dolphin ...... Small and resident Year-round ...... 2,099 Kauai and Ni1ihau ...... Spinner dolphin ...... Small and resident Year-round ...... 7,226 Ni1ihau and Kauai ...... Bottlenose dolphin ...... Small and resident Year-round ...... 2,764 Kauai, Ni1ihau, Maui, Hawai1i Islands ..... Humpback whale ...... Reproduction ...... February-March ..... 5,846 Oahu and 4-Islands Area ...... Spinner dolphin ...... Small and resident Year-round ...... 14,616 Oahu ...... Bottlenose dolphin ...... Small and resident Year-round ...... 3,802 Oahu ...... Pantropical spotted dolphin ...... Small and resident Year-round ...... 1,048 Hawai1i Island to Ni1ihau Island ...... False killer whale ...... Small and resident Year-round ...... 5,430 4-Islands Area ...... Bottlenose dolphin ...... Small and resident Year-round ...... 10,622 Maui and Lanai ...... Pantropical spotted dolphin ...... Small and resident Year-round ...... 699 Hawai1i Island ...... Cuvier’s beaked whale ...... Small and resident Year-round ...... 23,583 Hawai1i Island ...... Blainville’s beaked whale ...... Small and resident Year-round ...... 7,442 Hawai1i Island ...... Bottlenose dolphin ...... Small and resident Year-round ...... 4,732 Hawai1i Island ...... Melon-headed whale ...... Small and resident Year-round ...... 1,753 Hawai1i Island ...... Short-finned pilot whale ...... Small and resident Year-round ...... 2,968

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TABLE 4—BIOLOGICALLY IMPORTANT AREAS WITHIN PIFSC RESEARCH AREAS—Continued

BIA name Species BIA type Time of year Size (km2)

Hawai1i Island ...... Rough-toothed dolphin ...... Small and resident Year-round ...... 7,175 Hawai1i Island ...... Spinner dolphin ...... Small and resident Year-round ...... 9,469 Hawai1i Island ...... Pantropical spotted dolphin ...... Small and resident Year-round ...... 5,505 Hawai1i Island ...... Pygmy killer whale ...... Small and resident Year-round ...... 2,265 Hawai1i Island ...... Dwarf sperm whale ...... Small and resident Year-round ...... 2,675

Marine Mammal Hearing To reflect this, Southall et al. (2007) marine mammal hearing groups. recommended that marine mammals be Generalized hearing ranges were chosen Hearing is the most important sensory divided into functional hearing groups based on the approximately 65 dB modality for marine mammals based on directly measured or estimated threshold from the normalized underwater, and exposure to hearing ranges on the basis of available composite audiograms, with an anthropogenic sound can have behavioral response data, audiograms exception for lower limits for low- deleterious effects. To appropriately derived using auditory evoked potential frequency cetaceans where the result assess the potential effects of exposure techniques, anatomical modeling, and was deemed to be biologically to sound, it is necessary to understand other data. Note that no direct implausible and the lower bound of the the frequency ranges marine mammals measurements of hearing ability have low-frequency cetacean hearing range are able to hear. Current data indicate been successfully completed for from Southall et al. (2007) retained. that not all marine mammal species mysticetes (i.e., low-frequency Marine mammal hearing groups and have equal hearing capabilities (e.g., cetaceans). Richardson et al., 1995; Wartzok and Subsequently, NMFS (2018) described their associated hearing ranges are Ketten, 1999; Au and Hastings, 2008). generalized hearing ranges for these provided in Table 5.

TABLE 5—MARINE MAMMAL HEARING GROUPS (NMFS, 2018)

Hearing group Generalized hearing range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus 275 Hz to 160 kHz. cruciger & L. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation).

For more detail concerning these Analysis and Determination’’ section bottom of a vessel, or an animal just groups and associated frequency ranges, considers the content of this section and below the surface may be cut by a please see NMFS (2018) for a review of the material it references, the vessel’s propeller. Animals may survive available information. Twenty-six ‘‘Estimated Take’’ section, and the superficial strikes. These interactions marine mammal species (25 cetacean ‘‘Proposed Mitigation’’ section, to draw are typically associated with large species and one phocid pinniped) have conclusions regarding the likely impacts whales, which on occasion, are fatally the potential to co-occur with PIFSC of these activities on the reproductive struck by large commercial ships. research activities—please refer to Table success or survivorship of individuals Although smaller cetaceans or 3. Of the 25 cetacean species that may and how those impacts on individuals pinnipeds are more maneuverable in be present, six are classified as low- are likely to impact marine mammal relation to large vessels than are large frequency cetaceans, 17 are classified as species or stocks. In the following whales, they may also be susceptible to mid-frequency cetaceans, and two are discussion, we consider potential effects ship strike. The severity of injuries classified as high-frequency cetaceans. to marine mammals from ship strike, typically depends on the size and speed physical interaction with the gear types of the vessel, with the probability of Potential Effects of the Specified described previously, use of active death or serious injury increasing as Activity on Marine Mammals and Their acoustic sources, and visual disturbance vessel speed increases (Knowlton and Habitat of pinnipeds. Kraus, 2001; Laist et al., 2001; This section includes a summary and Vanderlaan and Taggart, 2007; Conn Ship Strike discussion of the ways that components and Silber, 2013). Impact forces increase of the specified activity (e.g., gear Vessel collisions with marine with speed, as does the probability of a deployment, use of active acoustic mammals, or ship strikes, can result in strike at a given distance due to reduced sources, visual disturbance) may impact death or serious injury of the animal. detection and reaction time (Silber et marine mammals and their habitat. The Wounds resulting from ship strike may al., 2010; Gende et al., 2011). ‘‘Estimated Take’’ section later in this include massive trauma, hemorrhaging, Pace and Silber (2005) found that the document includes a quantitative broken bones, or propeller lacerations probability of death or serious injury by analysis of the number of individuals (Knowlton and Kraus, 2001). An animal ship strike increased rapidly with that are expected to be taken by this at the surface may be struck directly by increasing vessel speed. Specifically, activity. The ‘‘Negligible Impact a vessel, a surfacing animal may hit the the predicted probability of serious

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injury or death increased from 45 to 75 It is possible for ship strikes to occur Research Gear percent as vessel speed increased from while traveling at slow speeds. For The types of research gear used by 10 to 14 kt, and exceeded 90 percent at example, a hydrographic survey vessel PIFSC were described previously under 17 kt. Higher speeds during collisions traveling at low speed (5.5 kt) while ‘‘Detailed Description of Activity.’’ result in greater force of impact, but conducting mapping surveys off the Here, we broadly categorize the gear as higher speeds also appear to increase central California coast struck and killed either (1) extremely unlikely to result in the chance of severe injuries or death a blue whale in 2009. The State of marine mammal interactions, or (2) gear through increased likelihood of California determined that the whale that may result in marine mammal collision by pulling whales toward the had suddenly and unexpectedly interactions. Former category is not vessel (Clyne, 1999; Knowlton et al., surfaced beneath the hull, with the considered further, while those in the 1995). In a separate study, Vanderlaan result that the propeller severed the latter category is discussed below. and Taggart (2007) analyzed the whale’s vertebrae, and that this was an Marine mammal interaction is most probability of lethal mortality of large unavoidable event. The strike represents likely for trawls and longlines. whales at a given speed, showing that the only such incident in approximately Trawl nets and longlines deployed by the greatest rate of change in the 540,000 hours of similar coastal PIFSC are similar to gear used in various probability of a lethal injury to a large mapping activity (p = 1.9 × 10¥6; 95% commercial fisheries. There are whale as a function of vessel speed CI = 0¥5.5 × 10¥6; NMFS, 2013). In documented occurrences of and occurs between 8.6 and 15 kt. The addition, a research vessel reported a potential for marine mammal chances of a lethal injury decline from fatal strike in 2011 of a dolphin in the interaction with these gear types via approximately 80 percent at 15 kt to Atlantic, demonstrating that it is physical contact such as capture or approximately 20 percent at 8.6 kt. At possible for strikes involving smaller entanglement. Read et al. (2006) speeds below 11.8 kt, the chances of cetaceans or pinnipeds to occur. In that estimated marine mammal bycatch in lethal injury drop below fifty percent, case, the incident report indicated that U.S. fisheries from 1990–99 and derived while the probability asymptotically an animal apparently was struck by the an estimate of global marine mammal increases toward one hundred percent vessel’s propeller as it was intentionally bycatch by expanding U.S. bycatch above 15 kt. swimming near the vessel. While estimates using data on fleet In an effort to reduce the number and indicative of the type of unusual events composition from the United Nations severity of strikes of the endangered that cannot be ruled out, neither of these Food and Agriculture Organization North Atlantic right whale (Eubalaena instances represents a circumstance that (FAO). Although most U.S. bycatch for glacialis), NMFS implemented speed would be considered reasonably both cetaceans (84 percent) and restrictions in 2008 (73 FR 60173; foreseeable or that would be considered pinnipeds (98 percent) occurred in October 10, 2008). These restrictions preventable. gillnets (a type of gear not used by require that vessels greater than or equal PIFSC), global marine mammal bycatch to 65 ft (19.8 m) in length travel at less Although the likelihood of vessels in trawls and longlines is likely than or equal to 10 kt near key port associated with research surveys substantial given that total global entrances and in certain areas of right striking a marine mammal are low, this bycatch may be hundreds of thousands whale aggregation along the U.S. eastern rule requires a robust ship strike of individuals per year (Read et al., seaboard. Conn and Silber (2013) avoidance protocol (see ‘‘Proposed 2006). In addition, global bycatch via estimated that these restrictions reduced Mitigation’’), which we believe longline has likely increased, as total ship strike mortality risk levels by eliminates any foreseeable risk of ship longlines are currently the most 80 to 90 percent. strike. We anticipate that vessel common method of capturing swordfish For vessels used in PIFSC research collisions involving PIFSC research and tuna since the U.N. banned the use activities, transit speeds average 10 kt vessels, while not impossible, represent of high seas driftnets over 2.5 km long (but vary from 6–14 kt), while vessel unlikely, unpredictable events. in 1991 (high seas driftnets were speed during active sampling with Furthermore, PIFSC has never reported previously often 40–60 km long) (Read, towed gear is typically only 2–4 kt. At a ship strike associated with fisheries 2008; FAO, 2001). sampling speeds, both the possibility of research activities conducted or funded Marine mammals are intelligent and striking a marine mammal and the by the PIFSC. Given the proposed inquisitive—when their pursuit of prey possibility of a strike resulting in mitigation measures such as the coincides with human pursuit of the serious injury or mortality are presence of bridge crew watching for same resources, physical interaction discountable. Ship strikes, as analyzed obstacles at all times (including marine with fishing gear may occur (e.g., in the studies cited above, generally mammals), the presence of marine Beverton, 1985). Fishermen and marine involve commercial shipping, which is mammal observers on some surveys, mammals are both drawn to areas of much more common in both space and (see ‘‘Proposed Mitigation’’) as well as high prey density, and certain fishing time than is research activity. Jensen the small number of research cruises activities may further attract marine and Silber (2004) summarized ship relative to commercial ship traffic, we mammals by providing food (e.g., bait, strikes of large whales worldwide from believe that the possibility of ship strike captured fish, bycatch discards) or by 1975–2003 and found that most is discountable. Moreover, given the otherwise making it easier for animals to collisions occurred in the open ocean relatively slow speeds at which PIFSC feed on a concentrated food source. and involved large vessels (e.g., research vessels travel during sampling Similarly, near-surface foraging commercial shipping). Commercial activities and during transit, even if a opportunities may present an advantage fishing vessels, which are similar in size marine mammal is struck, it would not for marine mammals by negating the to some of the ships used by PIFSC, likely result in serious injury or need for energetically expensive deep were responsible for three percent of mortality (Knowlton and Kraus, 2001; foraging dives (Hamer and Goldsworthy, recorded collisions, while only one such Laist et al., 2001; Vanderlaan and 2006). Trawling, for example, can make incident (0.75 percent of recorded ship Taggart, 2007; Conn and Silber, 2013). available previously unexploited food strikes) was reported for a research No incidental take resulting from ship resources by gathering prey that may vessel during that time period. strike is anticipated. otherwise be too fast or deep for normal

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predation, or may concentrate calories animal by drowning can cause injury one must consider the size of the net as in an otherwise patchy landscape (Fertl (i.e., Level A harassment) or serious well as frequency, timing, and location and Leatherwood, 1997). Pilot whales, injury. Constricting lines wrapped of deployment. These considerations which are generally considered to be around the animal can immobilize the inform determinations of whether teuthophagous (i.e., feeding primarily animal or injure by cutting into or marine mammal take is likely. Other on squid), were commonly observed in through blubber, muscles and bone (i.e., NMFS science centers have records of association with Atlantic mackerel penetrating injuries) or constricting marine mammal take from bottom, (Scomber scombrus) trawl fisheries from blood flow to or severing appendages. surface, and midwater trawl nets. 1977–88 in the northeast U.S. EEZ Immobilization of the animal, if it does However, PIFSC has no history of (Waring et al., 1990). Not surprisingly, not result in immediate drowning, can marine mammal take from trawl nets stomach contents of captured whales cause internal injuries from prolonged used during PIFSC fisheries and contained high proportions of mackerel stress and/or severe struggling and/or ecosystem surveys. (68 percent of non-trace food items), impede the animal’s ability to feed Longlines—Longlines are a passive indicating that the ready availability of (resulting in starvation or reduced fishing technique of consisting of strings a novel, concentrated, high-calorie prey fitness) (Andersen et al., 2008). of baited hooks that are either anchored item resulted in changed dietary Marine mammal interactions with to the bottom (targeting groundfish), or composition (Read, 1994). trawl nets, through capture or are free-floating (targeting pelagic These interactions can result in injury entanglement, are well-documented. species). PIFSC does not utilize free- or death for the animal(s) involved and/ Dolphins are known to attend operating floating longlines. Any longline or damage to fishing gear. Coastal nets in order to either benefit from generally consists of a mainline from animals, including various pinnipeds, disturbance of the bottom or to prey on which leader lines (gangions) with bottlenose dolphins, and harbor discards or fish within the net. For baited hooks branch off at a specified porpoises, are perhaps the most example, Leatherwood (1975) reported interval. Bottom longlines may be of vulnerable to these interactions with set that the most frequently observed monofilament or multifilament natural or passive fishing gear (e.g., gillnets, feeding pattern for bottlenose dolphins or synthetic lines. traps) the most likely culprit (e.g., in the Gulf of Mexico involved herds The longline is left to passively fish Beverton, 1985; Barlow et al., 1994; following working shrimp trawlers, (i.e, soak) for a set period of time before Read et al., 2006; Byrd et al., 2014; apparently feeding on organisms stirred the vessel returns to retrieve the gear. Lewison et al., 2014). However, up from the benthos. Bearzi and di Two or more floats act as visual markers interactions with trawls and longlines Sciara (1997) opportunistically to facilitate gear retrieval. Longlines may also occur and therefore also investigated working trawlers in the may also utilize radio beacons to assist warrant mitigation measures (NMFS, Adriatic Sea from 1990–94 and found gear detection. Radio beacons are 2017). Although all marine mammal that ten percent were accompanied by particularly import for pelagic longlines species have some risk for interaction foraging bottlenose dolphins. Pelagic that may drift a significant distance with fishing gear (e.g., Northridge, trawls appear to have greater potential from the deployment location. 1984), the extent of interactions is likely to capture cetaceans, because the nets Marine mammals may be hooked or dependent on the biology, ecology, and may be towed at faster speeds, these entangled in longline gear, with behavior of the species involved and the trawls are more likely to target species interactions potentially resulting in type, location, and nature of the fishery. that are important prey for marine death due to drowning, strangulation, Trawl Nets—As described previously, mammals (e.g., squid, mackerel), and severing of carotid arteries or the trawl nets are towed nets (i.e., active because pelagic trawls often fish in esophagus, infection, an inability to fishing) consisting of a cone-shaped net deeper waters with potential for a more evade predators, or starvation due to an with a codend or bag for collecting the diverse assemblage of species (Hall et inability to catch prey (Hofmeyr et al., fish and can be designed to fish at the al., 2000). 2002), although it is more likely that bottom, surface, or any other depth in Globally, at least 17 cetacean species marine mammals will survive if they the water column. Here we refer to are known to feed in association with can reach the surface to breathe. bottom trawls and pelagic trawls trawlers and trawl nets have killed Injuries, including serious injury, may (midwater or surface, i.e., any net not individuals of at least 25 species, consist of lacerations and puncture designed to tend the bottom while including several large whales, wounds. Animals may attempt to fishing). Trawl nets can capture or porpoises, and a variety of delphinids depredate on either bait or catch, with entangle marine mammals. This may (Perez, 2006; Young and Iudicello, 2007; subsequent hooking, or may become occur in bottom trawls, presumably Karpouzli and Leaper, 2004; Hall et al., accidentally entangled. As described for when marine mammals feed on fish 2000; Fertl and Leatherwood, 1997; trawls, entanglement can lead to caught therein, and in pelagic trawls Northridge, 1991; Song et al., 2010). constricting lines wrapped around the which may or may not be coincident Trawls have killed at least eighteen animals and/or immobilization, and with marine mammals feeding species of seals and sea lions (Wickens, even if entangling materials are removed (Northridge, 1984). 1995; Perez, 2006; Zeeberg et al., 2006). the wounds caused may continue to Capture or entanglement may occur Records of direct interaction between weaken the animal or allow further whenever marine mammals are trawl nets and marine mammals (both infection (Hofmeyr et al., 2002). Large swimming near the gear, intentionally cetaceans and pinnipeds) exist where whales may become entangled in a (e.g., foraging) or unintentionally (e.g., trawling and animals co-occur. A lack of longline and then break free with a migrating), and any animal captured in recorded interactions where animals are portion of gear trailing, resulting in a net is at significant risk of drowning known to be present may indicate alteration of swimming energetics due unless quickly freed. Netting and tow simply that trawling is absent or are an to drag and ultimate loss of fitness and lines (also called lazy lines) may also insignificant component of fisheries in potential mortality (Andersen et al., entangle around the a marine mammal’s that region or that interactions were not 2008). Weight of the gear can cause head, body, flukes, pectoral fins, or observed, recorded, or reported. entangling lines to further constrict and dorsal fin. Interaction that does not In evaluating risk relative to a specific further injure the animal. Hooking result in the immediate death of the fishery (or comparable research survey), injuries and ingested gear are most

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common in small cetaceans and 400m (see Table 1.1 in PIFSC’s ‘‘Potential Effects of Underwater pinnipeds, but have been observed in application) using gear similar to that Sound’’ section of the proposed rule for large cetaceans (e.g., sperm whales). The used in a variety of commercial the taking of marine mammals severity of the injury depends on the fisheries. Thus such research gear has incidental to NMFS Southeast Fisheries species, whether ingested gear includes the potential for entangling marine Science Center research (84 FR 6603; hooks, whether the gear works its way mammals surfacing from dives. Such February 27, 2019)). No significant new into the gastrointestinal (GI) tract, ‘‘instrument deployments’’ include information is available, and those whether the gear penetrates the GI aMOUSS, BotCam, BRUVS deployed discussions provide the necessary lining, and the location of the hooking from a vessel and connected to the adequate and relevant information (e.g., embedded in the animal’s stomach surface with a line to a float or vessel; regarding the potential effects of PIFSC’s or other internal body parts) (Andersen environmental sampling instruments specified activity on marine mammals et al., 2008). Bottom longlines pose less deployed by line such as CTD; baited or and their habitat. Therefore, we refer the of a threat to marine mammals due to unbaited bottom traps such as lobster reader to those documents rather than their deployment on the ocean bottom traps and fish traps deployed from a repeating the information here. but can still result in entanglement in vessel and connected to the surface with buoy lines or hooking as the line is line to a float. Exposure to sound through the use of either deployed or retrieved. The rate of All other gears used in PIFSC fisheries active acoustic systems for research interaction between longline fisheries research (e.g., various plankton nets, purposes may result in Level B and marine mammals depends on the CTDs, remotely operated vehicles harassment. However, as detailed in the degree of overlap between longline (ROVs)) do not have the expected previously referenced discussions, Level effort and species distribution, hook potential for marine mammal A harassment in the form of permanent style and size, type of bait and target interactions. PIFSC has no record of threshold shift (PTS) is extremely catch, and fishing practices (such as marine mammal interaction or takes unlikely to occur, and we consider such setting/hauling during the day or at from these types of gear. Specifically, effects discountable. With specific night). we consider CTDs, ROVs, small surface reference to Level B harassment that As was noted for trawl nets, many trawls, plankton nets, other small nets, may occur as a result of acoustic species of cetaceans and pinnipeds are camera traps, dredges, and vertically exposure, we note that the analytical documented to have been killed by deployed or towed imaging systems to methods described in the incidental longlines, including several large be no-impact gear types. Unlike trawl take regulations for other NMFS Science whales, porpoises, a variety of nets, seine nets, and longline gear, Centers are retained here. However, the delphinids, seals, and sea lions (Perez, which are used in both scientific state of science with regard to our 2006; Young and Iudicello, 2007; research and commercial fishing Northridge, 1984, 1991; Wickens, 1995). applications, these other gears are not understanding of the likely potential Records of direct interaction between considered similar or analogous to any effects of the use of systems like those longlines and marine mammals (both commercial fishing gear and are not used by PIFSC has advanced in recent cetaceans and pinnipeds) exist where designed to capture any commercially years, as have readily available longline fishing and animals co-occur. A salable species, or to collect any sort of approaches to estimating the acoustic lack of recorded interactions where sample in large quantities. They are not footprints of such sources, with the animals are known to be present may considered to have the potential to take result that we view this analysis as indicate simply that longlining is absent marine mammals primarily because of highly conservative. Although more or an insignificant component of their design or how they are deployed. recent literature provides fisheries in that region or that For example, CTDs are typically documentation of marine mammal interactions were not observed, deployed in a vertical cast on a cable responses to the use of these and similar recorded, or reported. and have no loose lines or other acoustic systems (e.g., Cholewiak et al., In evaluating risk relative to a specific entanglement hazards. A Bongo net is 2017; Quick et al., 2017; Varghese et al., fishery (or research survey), one must typically deployed on a cable, whereas 2020), the described responses do not consider the length of the line and neuston nets (these may be plankton generally comport with the degree of number of hooks deployed as well as nets or small trawls) are often deployed severity that should be associated with frequency, timing, and location of in the upper one meter of the water Level B harassment, as defined by the deployment. These considerations column; either net type has very small MMPA. We retain the analytical inform determinations of whether size (e.g., two bongo nets of 0.5 m2 each approach described in the incidental 2 interaction with marine mammals is or a neuston net of approximately 2 m ) take regulations for other NMFS Science likely. PIFSC has not recorded marine and no trailing lines to present an Centers for consistency with existing mammal interactions or takes with any entanglement risk. These other gear analyses and for purposes of efficiency longline survey. While a lack of types are not considered further in this here, and consider this acceptable historical interactions does not in and of document. itself indicate that future interactions because the approach provides a are unlikely, we believe that the Acoustic Effects conservative estimate of potential historical record, considered in context Detailed descriptions of the potential incidents of Level B harassment (see with the frequency and timing of these effects of PIFSC’s use of acoustic ‘‘Estimated Take’’ section of this activities, as well as mitigation sources are provided in other Federal document). In summary, while we measures employed indicate that future Register notices for incidental take propose to authorize the amount of take marine mammal interactions with these regulations issued to other NMFS by Level B harassment indicated in the gears would be uncommon. Science Centers (e.g., the ‘‘Acoustic ‘‘Estimated Take’’ section, and consider Other research gear—PIFSC conducts Effects’’ section of the proposed rule for these potential takings at face value in a variety of instrument deployments and the taking of marine mammals our negligible impact analysis, it is insular fish abundance surveys between incidental to NMFS Alaska Fisheries uncertain whether use of these acoustic 50m and 600m and bottomfish essential Science Center fisheries research (83 FR systems are likely to cause take at all, fish habitat (EFH) surveys between 100– 37660; August 1, 2018) and the much less at the estimated levels.

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Potential Effects of Visual Disturbance minutes of the vessels’ passing (Fox, region of fisheries research, so there is Hawaiian monk seals occur in the 2008). If vessels passed frequently no effect (Herman et al., 2007). PIFSC HARA and WCPRA. Hawaiian monk within a short time period (e.g., 24 fisheries research activities may affect seals use numerous sites in the MHI and hours), a reduction in the total number sperm whale prey (squid), but this is the NWHI to haul out (e.g., sandy of seals present was also observed (Fox, expected to be minor due to the beaches, rocky outcroppings, exposed 2008). insignificant amount of squid removed Level A harassment, serious injury, or reefs). Here, the physical presence and through fisheries research (i.e., mortality could likely only occur as a sounds of researchers walking by or hundreds of pounds). There may be result of trampling in a stampede (a passing nearby in small boats may some minor overlap between the RAMP potentially dangerous occurrence in disturb animals present. PIFSC expects survey removals of a variety of reef which large numbers of animals some of these animals will exhibit a fishes and the Insular Fish Abundance succumb to mass panic and rush away behavioral response to the visual stimuli Estimation Comparison Surveys. By from a stimulus) or abandonment of example, in the main Hawaiian Islands, (e.g., including alert behavior, pups. Pups could be present at times the majority of sampling for these movement, vocalizing, or flushing). during PIFSC research effort, but PIFSC surveys is at the periphery of monk seal NMFS does not consider the lesser researchers take precautions to foraging habitat and is a tiny fraction of reactions (e.g., alert behavior) to minimize disturbance and prevent any what is taken by monk seals or by apex constitute harassment. These events are possibility of stampedes, including predatory fish or non-commercial expected to be infrequent and cause choosing travel routes as far away from fisheries (Sprague et al. 2013, Kobayashi only a temporary disturbance on the hauledout pinnipeds as possible and by and Kawamoto 1995). In the case of order of minutes. Monitoring results moving sample site locations to avoid false killer whale consumption of tunas, from other activities involving the consistent haulout areas. In addition, mahi, and ono, there may be some disturbance of pinnipeds and relevant Hawaiian monk seals do not typically minor overlap with fisheries research studies of pinniped populations that haul out in large groups where removals in the pelagic longline experience more regular vessel stampedes would be of concern. research. However, here the removal by disturbance indicate that individually Disturbance of pinnipeds caused by PIFSC fisheries research, regardless of significant or population level impacts PIFSC survey activities would be season and location is minor relative to are unlikely to occur (e.g., Henry and expected to last for only short periods that taken through commercial fisheries. Hammil, 2001). of time, separated by significant For example, commercial fisheries In areas where disturbance of amounts of time in which no catches for most pelagic species haulouts due to periodic human activity disturbance occurred. Because such typically range from the hundreds to (e.g., researchers approaching on foot, disturbance is sporadic, rather than thousands of metric tons, whereas the passage of small vessels, maintenance chronic, and of low intensity, individual catch in similar fisheries research activity) occurs, monitoring results have marine mammals are unlikely to incur activities would only occasionally range generally indicated that pinnipeds any detrimental impacts to vital rates or as high as hundreds to thousands of typically move or flush from the haulout ability to forage and, thus, loss of pounds in any particular year (see in response to human presence or visual fitness. Correspondingly, even local Sections 4.2.3 and 4.3.3 of the PIFSC EA disturbance, although some individuals populations, much less the overall stock for more information on fish catch typically remain hauledout (e.g., SCWA, of animals, are extremely unlikely to during research surveys and commercial 2012). Upon the occurrence of low- accrue any significantly detrimental harvest). severity disturbance (i.e., the approach impacts. Research catches are also distributed of a vessel or person as opposed to an over a wide area because of the random explosion or sonic boom), pinnipeds Anticipated Effects on Marine Mammal Habitat sampling design covering large sample typically exhibit a continuum of areas. Fish removals by research are responses, beginning with alert Effects to Prey—In addition to direct, therefore highly localized and unlikely movements (e.g., raising the head), or operational, interactions between to affect the spatial concentrations and which may then escalate to movement fishing gear and marine mammals, availability of prey for any marine away from the stimulus and possible indirect (i.e., biological or ecological) mammal species. The overall effect of flushing into the water. Flushed interactions occur as well, in which research catches on marine mammals pinnipeds typically re-occupy the marine mammals and fisheries both through competition for prey may haulout within minutes to hours of the utilize the same resource, potentially therefore be considered insignificant for stimulus (Acevedo-Gutierrez and resulting in competition that may be all species. Johnson 2007). mutually disadvantageous (e.g., Acoustic Habitat—Acoustic habitat is In a popular tourism area of the Northridge, 1984; Beddington et al., the soundscape—which encompasses Pacific Northwest where human 1985; Wickens, 1995). Marine mammal all of the sound present in a particular disturbances occurred frequently, past prey varies by species, season, and location and time, as a whole—when studies observed stable populations of location and, for some marine considered from the perspective of the seals over a twenty-year period mammals, is not well documented. animals experiencing it. Animals (Calambokidis et al., 1991). Despite high PIFSC fisheries research removals of produce sound for, or listen for sounds levels of seasonal disturbance by species commonly utilized by marine produced by, conspecifics tourists using both motorized and non- mammals are relatively low. Prey of sei (communication during feeding, mating, motorized vessels, Calambokidis et al. whales and blue whales are primarily and other social activities), other (1991) observed an increase in site use zooplankton, which are targeted by animals (finding prey or avoiding (pup rearing) and classified this area as PIFSC fisheries research with collection predators), and the physical one of the most important pupping sites only on the order of liters, so the environment (finding suitable habitats, for seals in the region. Another study likelihood of research activities navigating). Together, sounds made by observed an increase in seal vigilance changing prey availability is low and animals and the geophysical when vessels passed the haulout site, impact negligible to none. Humpback environment (e.g., produced by but then vigilance relaxed within ten whales do not feed within the PIFSC earthquakes, lightning, wind, rain,

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waves) make up the natural traffic or commercial fishing vessels and (Stevenson et al., 2004), and recovery of contributions to the total acoustics of a would therefore represent an corals may take significantly longer than place. These acoustic conditions, insignificant incremental increase in the 18 months. termed acoustic habitat, are one total amount of anthropogenic sound The Deep Coral and Sponge Research attribute of an animal’s total habitat. input to the marine environment. Survey collect small pieces of coral for Soundscapes are also defined by, and Physical Habitat—PIFSC conducts DNA samples, voucher specimens, and acoustic habitat influenced by, the total some bottom trawling, which may paleoclimate samples. The combined contribution of anthropogenic sound. physically damage seafloor habitat. In sampling of these studies amounts to This may include incidental emissions addition, PIFSC fishery research about 5.5 pounds/year. Together, these from sources such as vessel traffic, or activities and funded fishery research coral samples comprise a small may be intentionally introduced to the activities use bottom contact fishing percentage of the total population of marine environment for data acquisition gear, including deep-set longline, coral colonies (see Section 4.2.7 of the purposes (as in the PIFSC’s use of active lobster traps, and settlement traps. PIFSC EA). The RAMP Survey collects acoustic sources). Anthropogenic noise These fishing gears contact the seafloor up to 500 samples per year of corals varies widely in its frequency content, and may cause physical damage but the (including ESA-listed species), coral duration, and loudness and these impacts are localized and minimal as products, algae and algal products, and characteristics greatly influence the this type of gear is fixed in position sessile invertebrates. The NMFS Pacific potential habitat-mediated effects to rather than towed across the sea floor. Islands Regional Office has issued a marine mammals (please also see the Physical damage may include furrowing Biological Opinion concluding that discussion on masking in the Acoustic and smoothing of the seafloor as well as PIFSC surveys are not likely to Effects’’ section of the proposed rule for the displacement of rocks and boulders, jeopardize the continued existence of the taking of marine mammals and such damage can increase with any coral species taken. incidental to NMFS Alaska Fisheries multiple contacts in the same area Science Center fisheries research (83 FR (Schwinghamer et al., 1998; Kaiser et As described in the preceding, the 37660; August 1, 2018)), which may al., 2002; Malik and Mayer, 2007; NRC, potential for PIFSC research to affect the range from local effects for brief periods 2002). The effects of bottom contact gear availability of prey to marine mammals of time to chronic effects over large differ in each type of benthic or to meaningfully impact the quality of areas and for long durations. Depending environment. In sandy habitats with physical or acoustic habitat is on the extent of effects to habitat, strong currents, the furrows created by considered to be insignificant for all animals may alter their communications mobile bottom contact gear quickly species. Effects to marine mammal signals (thereby potentially expending begin to erode because lighter weight habitat will not be discussed further in additional energy) or miss acoustic cues sand at the edges of furrows can be this document. (either conspecific or adventitious). For easily moved by water back towards the Estimated Take more detail on these concepts see, e.g., center of the furrow (NRC, 2002). Barber et al., 2010; Pijanowski et al., Duration of effects in these This section provides an estimate of 2011; Francis and Barber, 2013; Lillis et environments therefore tend to be very the number of incidental takes proposed al., 2014. short because the terrain and associated for authorization. The estimated take Problems arising from a failure to organisms are accustomed to natural informs NMFS’ determination of detect cues are more likely to occur disturbance. By contrast, the physical whether the number of takes are ‘‘small’’ when noise stimuli are chronic and features of more stable hard bottom and the negligible impact overlap with biologically relevant cues habitats are less susceptible to determination. used for communication, orientation, disturbance, but once damaged or Except with respect to certain and predator/prey detection (Francis removed by fishing gear, the organisms activities not pertinent here, the MMPA and Barber, 2013). As described above that grow on gravel, cobbles, and defines ‘‘harassment’’ as: Any act of (‘‘Acoustic Effects’’), the signals emitted boulders can take years to recover, pursuit, torment, or annoyance which (i) by PIFSC active acoustic sources are especially in deeper water where there has the potential to injure a marine generally high frequency, of short is less natural disturbance (NRC, 2002). mammal or marine mammal stock in the duration, and transient. These factors However, the area of benthic habitat wild (Level A harassment); or (ii) has mean that the signals will attenuate affected by PIFSC research each year the potential to disturb a marine rapidly (not travel over great distances), would be a very small fraction of total mammal or marine mammal stock in the may not be perceived or affect area of benthic habitat in the four wild by causing disruption of behavioral perception even when animals are in research areas and effects are not patterns, including, but not limited to, the vicinity, and would not be expected to occur in areas of particular migration, breathing, nursing, breeding, considered chronic in any given importance. location. PIFSC use of these sources is Damage to seafloor habitat may also feeding, or sheltering (Level B widely dispersed in both space and harm infauna and epifauna (i.e., animals harassment). time. In conjunction with the prior that live in or on the seafloor or on Take of marine mammals incidental factors, this means that it is highly structures on the seafloor), including to PIFSC research activities could occur unlikely that PIFSC use of these sources corals (Schwinghamer et al., 1998; as a result of (1) injury or mortality due would, on their own, have any Collie et al., 2000; Stevenson et al., to gear interaction (Level A harassment, appreciable effect on acoustic habitat. 2004). In general, recovery from serious injury, or mortality); (2) Sounds emitted by PIFSC vessels would biological damage varies based on the behavioral disturbance resulting from be of lower frequency and continuous, type of fishing gear used, the type of the use of active acoustic sources (Level but would also be widely dispersed in seafloor surface (i.e., mud, sand, gravel, B harassment only); or (3) behavioral both space and time. PIFSC vessel mixed substrate), and the level of disturbance of pinnipeds resulting from traffic—including both sound from the repeated disturbances. Recovery incidental approach of researchers and vessel itself and from the active acoustic timelines of 1–18 months are expected. research vessels (Level B harassment sources—is of very low density However, repeated disturbance of an only). Below we describe how the compared to commercial shipping area can prolong the recovery time potential take is estimated.

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Estimated Take Due to Gear Interaction Science Centers). While such take could according to the level of incidental The use of historical interactions as a potentially occur, NMFS believes that marine mammal M/SI that occurs on an basis to estimate future take of marine any occurrences would likely be rare annual basis over the most recent five- mammals in fisheries research gear has given that no such take in PIFSC year period (generally) for which data been utilized in the LOA applications research has occurred (despite many has been analyzed: Category I, frequent and rules of other NMFS Fisheries years of the same or similar surveys incidental M/SI; Category II, occasional Science Centers (e.g., Southwest occurring). Moreover, marine mammal incidental M/SI; and Category III, (SWFSC), Northwest (NWFSC)). behavioral and ecological characteristics remote likelihood of or no known However, because PIFSC has no history reduce the risk of incidental take from incidental M/SI. We provide summary of marine mammal take in any of the research gear, and the required information, as presented in the 2020 gear used during its fisheries and mitigation measures reduce the risk of LOF (85 FR 21079; April 16, 2020), in ecosystem research, additional factors incidental take. Table 6. In order to simplify information must be considered. Instead, NMFS As background to the process of presented, and to encompass used information from commercial determining which species not information related to other similar fisheries, other NMFS Fisheries Science historically taken may have sufficient species from different locations, we Centers operations, and published take vulnerability to capture in PIFSC gear to group marine mammals by genus (where as described below. justify inclusion in these proposed there is more than one member of the NMFS believes it is appropriate to regulations, we note that the PIFSC is genus found in U.S. waters). Where include estimates for future incidental NMFS’s research arm in the central and there are documented incidents of M/SI takes of a number of species that have western Pacific Ocean and may be incidental to relevant commercial not been taken by PIFSC historically, considered as a leading source of expert fisheries, we note whether we believe but inhabit the same areas and show knowledge regarding marine mammals those incidents provide sufficient basis similar types of behaviors and (e.g., behavior, abundance, density) in upon which to infer vulnerability to vulnerabilities to gear used by other the areas where they operate. The capture in PIFSC research gear. For a NMFS Fisheries Science Centers and species for which the take request was listing of all Category I, II, and II used in commercial fisheries (based on formulated were selected by the PIFSC, fisheries using relevant gears, associated the 2019 List of Fisheries (LOF), see and we have concurred with these estimates of fishery participants, and https://www.fisheries.noaa.gov/ decisions. specific locations and fisheries national/marine-mammal-protection/ While PIFSC has not historically associated with the historical fisheries marine-mammal-protection-act-list- taken marine mammal species in its takes indicated in Table 4 below, please fisheries). A number of factors were longline gear, it is well documented that see the 2020 LOF. For specific numbers taken into account to determine whether some species potentially encountered of marine mammal takes associated with a species may have a similar during PIFSC surveys are taken in these fisheries, please see the relevant vulnerability to certain types of gear as commercial longline fisheries. In order SARs. More information is available species taken in commercial gear and to evaluate the potential vulnerability of online at https:// research gear elsewhere (e.g., species to trawl and longline fishing www.fisheries.noaa.gov/national/ distribution, density, abundance, gear and entanglement from instrument marine-mammal-protection/marine- behavior, feeding ecology, travel in deployment and traps, we first mammal-protection-act-list-fisheries groups, and common association with consulted the List of Fisheries (LOF). and https://www.fisheries.noaa.gov/ other species historically taken in The LOF classifies U.S. commercial national/marine-mammal-protection/ commercial gear or other Fisheries fisheries into one of three categories marine-mammal-stock-assessments.

TABLE 6—U.S. COMMERCIAL FISHERIES INTERACTIONS FOR TRAWL AND LONGLINE GEAR FOR RELEVANT SPECIES

Vulnerability Vulnerability Species 1 Trawl 2 Longline 2 inferred? 3 inferred 3

Bottlenose dolphin ...... N Y Y Y False killer whale ...... N N Y Y Humpback whale ...... N N Y Y Kogia spp...... N N Y Y Pygmy killer whale ...... N N Y Y Risso’s dolphin ...... N N Y Y Rough-toothed dolphin ...... N Y Y Y Short-finned pilot whale ...... N N Y Y Sperm whale ...... N N Y Y Striped dolphin ...... N Y Y Y Cuvier’s beaked whale ...... N N Y Y Blainville’s beaked whale ...... N N Y Y Pantropical spotted dolphin ...... N Y N Y Spinner dolphin ...... N Y N Y 1 Please refer to Table 3 for taxonomic reference. 2 Indicates whether any member of the species has documented incidental M/SI in a U.S. fishery using that gear in the most recent five-year timespan for which data is available. 3 Indicates whether NMFS has inferred that a species not historically taken by PIFSC has the potential to be taken in the future based on records of marine mammals taken by U.S. commercial fisheries. Y = yes, N = no.

Information related to incidental M/SI however, the sole determinant of incidental to PIFSC survey operations. in relevant commercial fisheries is not, appropriateness for authorizing take Numerous factors (e.g., species-specific

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knowledge regarding animal behavior, component, Category 1) and Western large whale species could become overall abundance in the geographic Pacific Pelagic (HI Shallow-set entangled in longline gear, the region, density relative to PIFSC survey component, Category II). probability of interaction with PIFSC effort, feeding ecology, propensity to PIFSC assumes any take of marine longline gear is extremely low travel in groups commonly associated mammals in longline fisheries research considering a much lower level of with other species historically taken) activities will be a rare occurrence. As survey effort and shorter duration sets were considered by the PIFSC to stated above, NMFS expects that take of relative to that of commercial fisheries. determine whether a species not marine mammals by M/SI by PIFSC For example, in 2014 approximately previously taken by PIFSC may be taken would be a rare event such that no more 47.1 million hooks were deployed in during future research activities. In than a single take of each species/stock commercial longline fishing in the some cases, NMFS have determined that by M/SI over the five-year period, is PIFSC research areas (see https:// species without documented M/SI may reasonably likely to occur. Therefore, www.fisheries.noaa.gov/resource/data/ nevertheless be vulnerable to capture in PIFSC requested one take in longline hawaii-longline-fishery-logbook- PIFSC research gear. Those species with gear over the five-year authorization summary-reports); in contrast PIFSC no records of historical interaction with period throughout the PIFSC research proposes to deploy up to 73,500 hooks/ PIFSC research gear and no documented area for each of the following species: year or 0.0015 percent of the effort in M/SI in relevant commercial fisheries, Bottlenose dolphin (Hawai1i pelagic these commercial fisheries. The and for which the PIFSC has not stock), Blainville’s beaked whale mitigation measures taken by PIFSC are requested the authorization of (Hawai1i pelagic stock), Cuvier’s beaked also expected to reduce the likelihood of incidental take, are not considered whale (Hawai1i pelagic stock), Kogia taking large whales (see Proposed further in this section. The PIFSC spp. (Hawai1i stocks), false killer whale Mitigation section) Although there is believes generally that any sex or age (Hawai1i pelagic stock), Pantropical only a limited potential for take, PIFSC class of those species for which take spotted dolphin (all stocks), pygmy is requesting one take of humpback authorization is requested could be killer whale (Hawai1i stock), rough whale (central North Pacific stock) in taken. toothed dolphin (Hawai1i stock), Risso’s longline gear and one take of a sperm To estimate the potential number of dolphin (Hawai1i stock), short-finned whale (Hawai1i stock) by M/SI based on takes by M/SI from PIFSC research gear, pilot whale (Hawai1i stock), and striped analogy with commercial fisheries over we first determine which species may dolphin (Hawai1i stock) (Table 5). While the five-year authorization period of this have vulnerability to capture by gear the LOF includes commercial fishery application. type. Of those species, we then takes of false killer whales and rough- Trawl—Although PIFSC has never determine whether any may have toothed dolphins from the respective taken small delphinids in a pelagic similar propensity to be taken by a given American Samoa stocks, PIFSC is not midwater trawl such as an Isaacs-Kidd gear as a historically-taken species in requesting take by M/SI of these or Cobb trawl, and no commercial trawl U.S. commercial fisheries (inferred species/stocks because they do not fisheries in PIFSC research areas have vulnerability). For these species, we anticipate conducting longline research reported takes, there is a remote assume it is possible that take could anywhere within the range of these possibility such a take could occur. This occur while at the same time contending species/stocks throughout the time research targets very small pelagic that, absent significant range shifts or period addressed by this application species (e.g., micronekton, pelagic changes in habitat usage, capture of a (e.g., longline surveys in the WCPRA larvae) not likely to attract foraging species not historically taken by PIFSC would occur within 500 nmi of the small delphinids. Thus incidental catch research activities would likely be a HARA, which is at least 1600 nmi from of a small delphinid is unlikely in either very rare event. Therefore, we assume the ASARA and outside of the range of technique but even less so for the Isaacs- that take by PIFSC would be a rare event the American Samoa stocks of false Kidd trawl due to the very small such that authorization of a single take killer whales and rough-toothed opening (about 3 m x 3 m) whereas the over the five-year period, for each region dolphins). Additionally, the LOF mouth of the PIFSC Cobb trawls are where the gear is used and the species includes commercial fishery takes of the about 10 m x 10 m. However, to address is present, is likely sufficient given the MHI insular stock of false killer whales, a rare situation or event, PIFSC requests low risk of marine mammals interacting but PIFSC will not be conducting one take each of the following small with PIFSC gear. longline research within the stock’s delphinids in trawl gear over the five Longline—While longline research range, and so is not requesting M&SI/ year period of this application: would only be conducted outside of the Level A takes of this stock. Spinner Bottlenose dolphin (all stocks), rough- longline exclusion areas (see https:// dolphins have not been reported taken toothed dolphin (Hawai1i stock), spinner www.fisheries.noaa.gov/national/ in Hawai1i based longline fisheries in dolphin (all stocks), Pantropical spotted marine-mammal-protection/false-killer- the LOF. The PIFSC is therefore not dolphin (all stocks), and striped dolphin whale-take-reduction), several species of requesting any take of this species in (Hawai1i stock). small cetaceans were deemed to have a analogous fisheries research gear. Instrument and Trap Deployments— similar vulnerability to longline gear as While PIFSC has not historically Humpback whales inhabit shallow some historically-taken species by other taken large whales in its longline gear, waters, typically within the 100-fathom NMFS Fisheries Science Centers or by these species are taken in commercial isobaths in the HARA (Baird et al., commercial fisheries using factors longline fisheries. There are two large 2000). PIFSC conducts a variety of outlined above. The commercial whale species that have been taken by instrument deployments and insular fisheries, HI deep-set longline (Category commercial longline fisheries and for fish abundance surveys between 50 m 1) and the HI shallow-set longline and which PIFSC is requesting a single take and 600 m and bottomfish EFH surveys American Samoa longline (both each over the five-year authorization between 100–400 m (see Table 1.1 in Category II) fisheries, report taking period in longline gear: The humpback PIFSC’s application) using gear similar marine mammals. The longline fisheries whale and the sperm whale. Both of to that used in a variety of commercial the LOF identifies having taken marine these species are listed as endangered fisheries. Thus such research gear has mammals on the High Seas are the under the ESA and thus by definition, the potential for entangling humpback Western Pacific Pelagic (HI Deep-set depleted under the MMPA. Although whales surfacing from dives. Such

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instruments include aMOUSS, BotCam, marine mammals include: Autonomous Kawamoto 1994). It is not known if BRUVS deployed from a vessel and vehicles such as gliders, autonomous these interactions result in injury, connected to the surface with a line to underwater vehicles (AUVs), unmanned serious injury, or mortality of bottlenose a float or vessel; environmental aerial vehicles (UAVs), unmanned dolphins or other cetaceans (Caretta et sampling instruments deployed by line; aircraft systems (UASs), and towed al., 2015). No mortality or serious and baited or unbaited bottom traps optical assessment devices (TOADs); injuries of monk seals have been such as lobster traps and fish traps submersibles; towed-divers; troll attributed to the MHI bottomfish deployed from a vessel and connected fishing; larval settlement traps handline fishery (Caretta et al., 2019). In to the surface with line to a float. temporarily installed on the reef; 2016, 11 seal hookings were Therefore PIFSC is requesting one expendable bathythermographs (XBTs); documented and all were classified as take of humpback whale (central North and environmental data collectors non-serious injuries, although six of Pacific stock) in gear associated with temporarily deployed from a vessel to these would have been deemed serious deployed instruments and traps. In the seafloor and then retrieved remotely had they not been mitigated (Henderson addition, based on a similarity in such as high-frequency recording 2017, Mercer 2018). The hook-and-line behavior, several species of ‘‘curious’’ packages (HARPs) and ecological rigging used to target ulua (jacks, small delphinids have the potential for acoustic readers (EARs). Please refer to Caranx spp.) are typical of shoreline becoming entangled in gear associated Table 1.1 and Appendix A in PIFSC’s fisheries that are distinct from the with instrument deployments. PIFSC application for a list of the research bottomfishing gear and methods used by has established mitigation measures projects that use this gear and PIFSC during its fisheries and already in place to reduce potential descriptions of their use. ecosystem research. Although there are interactions (e.g., no deployment when The gear and instruments listed above some similarities between the shoreline marine mammals are known to be in the are not considered to have a reasonable fishery and the bottomfishing gear used immediate area). Because there is a potential to take marine mammals given by PIFSC (e.g., circle hooks), the general remote chance such entanglement may their physical characteristics, how they size and the way the hooks are rigged occur when an animal investigates such are fished, and the environments where (e.g., baits, leaders, weights, tackle) are gear, PIFSC requests one take each over they are used. There have been no typically different and probably present the five-year authorization period of marine mammal mortalities, serious different risks of incidental hooking to each of the following small delphinid injuries, or other Level A takes monk seals. Ulua hooks are generally species: Bottlenose dolphin (all stocks), associated with any of these gear types. much larger circle hooks than PIFSC 1 rough-toothed dolphin (Hawai i stock), Because of this, PIFSC does not expect uses because the targeted ulua are spinner dolphin (all stocks), and these activities to result in take of usually greater than 50 pounds in Pantropical spotted dolphin (all stocks) marine mammals in the PIFSC research weight. Shoreline fisheries (deployed in ‘‘instrument deployment’’ gears. areas, and as such is not requesting from shore with rod and reel) also Other gear—PIFSC considered the marine mammal take for these gears or typically use ‘‘slide bait’’ or ‘‘slide rigs’’ risk of interaction with marine instruments. that allow the use of live bait (small fish mammals for all the research gear and Bottomfishing—There is evidence that or octopus) hooked in the middle of the instruments it uses, but PIFSC did not cetaceans and Hawaiian monk seals bait. If a monk seal pursued this live request incidental takes for research occasionally pursue fish caught on bait and targeted the center of the bait gear other than midwater trawls, various hook-and-line gear (depredation or swallowed it whole, it could get longline, instrument deployments, and of fishing lines) deployed in commercial hooked in the mouth. PIFSC research traps. PIFSC acknowledges that by and non-commercial fisheries across with bottomfishing gear uses pieces of having hooks, nets, lines, or vessels in Hawai1i (Nitta and Henderson 1993, the water there is a potential for Kobayashi and Kawamoto 1994). This fish for bait that attract bottomfish but incidental take of marine mammals depredation behavior, which is not monk seals. Monk seals could be during research activities. However, documented as catch loss from the attracted to a caught bottomfish but, many of the fisheries and ecosystem hook-and-line gear, may be beneficial to given the length of the target bottomfish, research activities conducted by PIFSC the marine mammal in providing prey it is unlikely that a monk seal would be involve gear or instruments that do not but it also opens the possibility for the physically capable of swallowing the present a large enough risk to be marine mammal to be hooked or whole fish and thus swallowing the included as part of the mortality, serious entangled in the gear. PIFSC gave hook. The risk of monk seals getting injury, or Level A harassment take careful consideration to the potential for hooked on bottomfishing gear used in request. These include gear and including incidental take requests for PIFSC research is therefore less than the instruments that are operated by hand marine mammals in bottom handline risk of getting hooked on shoreline or close enough to the vessel that they (bottomfishing) gear because of the hook-and-line gears which are identified can be continuously observed and planned increase in research effort using in Caretta et al. (2019). controlled such as dip nets, scoop nets, that gear in the Insular Fish Abundance PIFSC has no records of marine handheld gear and instruments used by Estimation Comparison Survey (from mammals interacting with SCUBA divers or free divers (cameras, approximately 700 sets per year to over bottomfishing research gear and given transect lines, and spears), 7000 sets per year). PIFSC has not had the mitigation measures the PIFSC environmental data collectors deployed any interactions in the past with marine would be required to implement for or attached by hand to the reef, marine mammals while conducting research bottomfishing research to prevent debris removal tools (knives and float with bottomfishing gear in the MHI. marine mammals from interacting with bags), and small surface net trawls Bottlenose dolphins have been bottomfishing activities (e.g., avoiding adjacent to the vessel. Other gear or identified as the primary species fishing when monk seals are present; instruments that are used so associated with depredation of catch in see Proposed Mitigation below), NMFS infrequently, operate so slowly, or the bottomfish fishery and they appear has concluded that the risk of marine carried out with appropriate mitigation to be adept at pulling hooked fish from mammal interactions with its research measures so as not to present a the gear without breaking the line or bottomfishing gear is not high enough to reasonable risk of interactions with taking hooks off the line (Kobayashi and warrant authorizing incidental take for

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marine mammals in that gear. These gear (catch loss) in the future, and hooking to monk seals and other marine proposed regulations would require increase monitoring efforts when catch mammals. PIFSC to document potential loss becomes apparent, in an effort to depredation of its bottomfish research better understand the potential risks of TABLE 7—TOTAL ESTIMATED TAKE DUE TO GEAR INTERACTION, 2021–26 A

PIFSC potential M/SI Level A take request (all areas combined) Sum all Midwater trawl Hook-and-line Instrument deployments gear (trawl, and traps hook-and- Sum all Common name (stock) line, and gears Calculated Total takes Calculated Total takes Calculated Total takes instruments 5-year average average average and traps) request a take per over 5-year take per over 5-year take per over 5-year annual year period year period year period request

Blainville’s beaked whale (Hawai1i stock) ...... 0.2 1 ...... 0.2 1 Cuvier’s Beaked whale (Hawai1i pelagic stock) ...... 0.2 1 ...... 0.2 1 Bottlenose dolphin (Hawai1i pelagic stock) ...... 0.2 1 0.2 1 0.2 1 0.6 3 Bottlenose dolphin (All stocks, except above) .. 0.2 1 ...... 0.2 1 0.4 2 False killer whale (Hawai1i pelagic or unspecified b) ...... 0.2 1 c ...... 0.2 1 Humpback whale (Central North Pacific stock) ...... 0.2 1 0.2 1 0.4 2 Kogia spp. (Hawai1i stocks) ...... 0.2 1 ...... 0.2 1 Pantropical spotted dolphin (all stocks) ...... 0.2 1 0.2 1 0.2 1 0.6 3 Pygmy killer whale (Hawai1i stock ) ...... 0.2 1 ...... 0.2 1 Risso’s dolphin (Hawai1i stock) ...... 0.2 1 ...... 0.2 1 Rough-toothed dolphin (Hawai1i stock) ...... 0.2 1 0.2 1 0.2 1 0.6 3 Rough-toothed dolphin (all stocks except above) ...... 0.2 1 0.2 1 0.4 2 Short-finned pilot whale (Hawai1i stock) ...... 0.2 1 ...... 0.2 1 Sperm whale (Hawai1i stock ) ...... 0.2 1 ...... 0.2 1 Spinner dolphin (all stocks) ...... 0.2 1 ...... 0.2 1 0.4 2 Striped dolphin (all stocks) ...... 0.2 1 0.2 1 ...... 0.4 2 a Please see Table 6 and preceding text for explanation of take estimates. Takes proposed for authorization are informed by area- and gear-specific vulnerability. Because we have no specific information to indicate whether any given future interaction might result in M/SI versus Level A harassment, we conservatively assume that all interactions equate to mortality for these fishing gear interactions. b Hawai1i pelagic stock is designated as strategic. ‘‘Unspecified stock’’ occurs on the high seas. c Longline research would only occur outside of FKW exclusion zone; potential take not in HARA, only within WCPRA.

Estimated Take Due to Acoustic and the assumptions made that result in motivation, experience, demography, Harassment these estimates are described below. behavioral context) and can be difficult to predict (Southall et al., 2007, Ellison Acoustic Thresholds As described previously (‘‘Potential et al., 2011). Based on the best available Effects of the Specified Activity on Using the best available science, science and the practical need to use a Marine Mammals and Their Habitat’’), NMFS has developed acoustic threshold based on a factor that is both we believe that PIFSC use of active thresholds that identify the received predictable and measurable for most acoustic sources has, at most, the level of underwater sound above which activities, NMFS uses a generalized potential to cause Level B harassment of exposed marine mammals behavioral acoustic threshold based on received marine mammals. In order to attempt to harassment (equated to Level B level to estimate the onset of behavioral quantify the potential for Level B harassment) is reasonably expected or to harassment. NMFS predicts that marine harassment to occur, NMFS (including incur PTS of some degree (Level A mammals are likely to be behaviorally the PIFSC and acoustics experts from harassment). We note NMFS has begun harassed in a manner we consider Level other parts of NMFS) developed an efforts to update its behavioral B harassment when exposed to analytical framework considering thresholds, considering all available underwater anthropogenic noise above data, and is formulating a strategy for characteristics of the active acoustic received levels of 120 dB re 1 mPa (rms) updating those thresholds for all types systems described previously under for continuous (e.g. vibratory pile- of sound sources considered in ‘‘Description of Active Acoustic Sound driving, drilling) and above 160 dB re 1 incidental take authorizations. It is mPa (rms) for intermittent (e.g., scientific Sources,’’ their expected patterns of use, NMFS’s intention to conduct both sonar, seismic airgun) sources. and characteristics of the marine internal and external review of any new mammal species that may interact with thresholds prior to finalizing this rule. The Marine Mammal Commission them. We believe that this quantitative In the interim, we apply the traditional (Commission) has previously suggested assessment benefits from its simplicity thresholds. NMFS apply the 120 dB continuous and consistency with current NMFS Level B Harassment for non-explosive Level B harassment threshold to acoustic guidance regarding Level B sources—Though significantly driven by scientific sonar such as the ones harassment but caution that, based on a received sound level, the onset of proposed by the PIFSC. NMFS has number of deliberately precautionary behavioral disturbance from responded to this comment in multiple assumptions, the resulting take anthropogenic noise exposure is also Federal Register notices of issuance for estimates may be seen as an informed to varying degrees by other other NMFS science centers. Here we overestimate of the potential for factors related to the source (e.g., summarize why the 160 dB threshold is behavioral harassment to occur as a frequency, predictability, duty cycle), appropriate when estimating take from result of the operation of these systems. the environment (e.g., bathymetry), and acoustic sources used during PIFSC Additional details on the approach used the receiving animals (hearing, research activities. NMFS historically

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has referred to the 160 dB threshold as scientific sonar for all marine mammal (1) A detailed characterization of the the impulsive threshold, and the 120 dB species. acoustic characteristics of the effective threshold as the continuous threshold, Level A harassment for non-explosive sound source or sources in operation; which in and of itself is conflicting as sources—NMFS’ Technical Guidance (2) The operational areas exposed to levels at or above those associated with one is referring to pulse characteristics for Assessing the Effects of Level B harassment when these sources and the other is referring to the temporal Anthropogenic Sound on Marine are in operation; component. A more accurate term for Mammal Hearing (Technical Guidance, the impulsive threshold is the (3) A method for quantifying the 2018) identifies dual criteria to assess resulting sound fields around these intermittent threshold. This distinction auditory injury (Level A harassment) to is important because, when assessing sources; and five different marine mammal groups (4) An estimate of the average density the potential for hearing loss (based on hearing sensitivity) as a result for marine mammal species in each area (permanent threshold shift (PTS) or of exposure to noise from two different of operation. temporary threshold shift (TTS)) or non- types of sources (impulsive or non- Quantifying the spatial and temporal auditory injury (e.g., lung injury), the impulsive). However, as described in dimension of the sound exposure spectral characteristics of source greater detail in the Potential Effects footprint (or ‘‘swath width’’) of the (impulsive vs. non-impulsive) is critical section, given the highly directional, active acoustic devices in operation on to assessing the potential for such e.g., narrow beam widths, NMFS does moving vessels and their relationship to impacts. However, for behavior, the not anticipate animals would be the average density of marine mammals temporal component is more exposed to noise levels resulting in PTS. enables a quantitative estimate of the appropriate to consider. Gomez et al. Therefore, the Level A criteria do not number of individuals for which sound (2016) conducted a systematic literature apply here and are not discussed levels exceed the relevant threshold for review (370 papers) and analysis (79 further; NMFS is proposing take by each area. The number of potential studies, 195 data cases) to better assess Level B harassment only. incidents of Level B harassment is probability and severity of behavioral Level B harassment—The operating ultimately estimated as the product of responses in marine mammals exposed frequencies of active acoustic systems the volume of water ensonified at 160 to anthropogenic sound. They found a used by the PIFSC range from 30–200 dB rms or higher and the volumetric significant relationship between source kHz (see Table 1). These frequencies are density of animals determined from type and behavioral response when within the very upper hearing range simple assumptions about their vertical stratification in the water column. sources were split into broad categories limits of baleen whales (7 Hz to 35 kHz). Specifically, reasonable assumptions that reflected whether sources were The Simrad EM300 operates at a based on what is known about diving continuous, sonar, or seismic (the latter frequency of 30 kHz and the Simrad behavior across different marine two of which are intermittent sources). EK60 operates at 30–200 kHz. Baleen mammal species were made to segregate Moreover, while Gomez et al (2017) whales may be able to detect sound those that predominately remain in the acknowledges acoustically sensitive from the Simrad EM300 and the Simrad upper 200 m of the water column versus species (beaked whales and harbor EK60 when it operates at the lower those that regularly dive deeper during porpoise), the authors do not frequency. However, the beam pattern is foraging and transit. Methods for recommend an alternative method for extremely narrow (1 degree) at that estimating each of these calculations are categorizing sound sources for these frequency. The ADCP Ocean Surveyor described in greater detail in the species when assessing behavioral operates at 75 kHz, which is outside of following sections, along with the impacts from noise exposure. baleen whale hearing capabilities. simplifying assumptions made, and Therefore, we would not expect any To apply the continuous 120 dB followed by the take estimates. threshold to all species based on data exposures to these signals to result in Sound source characteristics—An from known acoustically sensitive behavioral harassment in baleen whales. initial characterization of the general species (one species of which is the The assessment paradigm for active source parameters for the primary active harbor porpoise, which does not inhabit acoustic sources used in PIFSC fisheries acoustic sources operated by the PIFSC PIFSC research areas) is not warranted, research is relatively straightforward was conducted, enabling a full as it would be unnecessarily and has a number of key simple and assessment of all sound sources used by conservative for non-sensitive species. conservative assumptions. NMFS’ the PIFSC and delineation of Category 1 Qualitatively considered in our effects current acoustic guidance requires in and Category 2 sources, the latter of analysis below is that beaked whales most cases that we assume Level B which were carried forward for analysis and harbor porpoise are more harassment occurs when a marine here. This auditing of the active acoustic acoustically sensitive than other mammal receives an acoustic signal at sources also enabled a determination of cetacean species, and thus are more or above a simple step-function the predominant sources that, when likely to demonstrate overt changes in threshold. For use of these active operated, would have sound footprints behavior when exposed to such sources. acoustic systems used during PIFSC exceeding those from any other Further, in absence of very sophisticated research, NMFS uses the threshold is simultaneously used sources. These acoustic modeling, our propagation 160 dB re 1 mPa (rms) as the best sources were effectively those used rates are also conservative. Therefore, available science indicates the temporal directly in acoustic propagation the distance to the 160 dB threshold is characteristics of a source are most modeling to estimate the zones within likely much closer to the source than influential in determining behavioral which the 160 dB rms received level calculated. In summary, the PIFSC’s impacts (Gomez et al., 2016), and it is would occur. proposed activity only includes the use NMFS long standing practice to apply Many of these sources can be operated of intermittent sources (scientific sonar). the 160 dB threshold to intermittent in different modes and with different Therefore, the 160 dB threshold is sources. Estimating the number of output parameters. In modeling their applicable when quantitatively exposures at the specified received level potential impact areas, those features estimating take by behavioral requires several determinations, each of among those given previously in Table harassment incidental to PIFSC which is described sequentially below: 2 (e.g., lowest operating frequency) that

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would lead to the most precautionary While these signals are brief and predominant sound sources were used estimate of maximum received level intermittent, a conservative assumption in the calculation of effective line- ranges (i.e., largest ensonified area) were was taken in ignoring the temporal kilometers and area of exposure for each used. The effective beam patterns took pattern of transmitted pulses in source in each survey. into account the normal modes in which calculating Level B harassment events. these sources are typically operated. Operating characteristics of each of the

TABLE 8—EFFECTIVE EXPOSURE AREAS FOR PREDOMINANT ACOUSTIC SOURCES ACROSS TWO DEPTH STRATA

Effective exposure Effective exposure area: Sea surface to Active acoustic system area: Sea surface to depth at which sound 200 m depth (km2) is attenuated to 160 dB SPL (km2) a

Simrad EK60 ...... 0.0082 0.0413 Simrad EM300 ...... 0.112 3.7661 ADCP Ocean Surveyor ...... 0.0086 0.0187 a Greater than 200 m depth.

Calculating effective line-kilometers— Calculating volume of water ensonified at or above 160 dB rms for As described below, based on the ensonified—The cross-sectional area of the entirety of each survey. For each of operating parameters for each source water ensonified to a 160 dB rms the three predominant sound sources, type, an estimated volume of water received level was calculated using a the volume of water ensonified is ensonified at or above the 160 dB rms simple spherical spreading model of estimated as the athwartship cross- threshold was calculated. In all cases sound propagation loss (20 log R) such sectional area (in square kilometers) of where multiple sources are operated that there would be 60 dB of attenuation sound at or above 160 dB rms (as simultaneously, the one with the largest over 1000 m. Spherical spreading is a illustrated in Figure 6.1 of PIFSC’s estimated acoustic footprint was reasonable assumption even in application) multiplied by the total considered to be the effective source. relatively shallow waters since, taking distance traveled by the ship. Where Two depth zones were defined for each into account the beam angle, the different sources operating of the four research areas: 0–200 m and reflected energy from the seafloor will simultaneously would be predominant > 200 m. Effective line distance and be much weaker than the direct source in each different depth strata, the volume ensonified was calculated for and the volume influenced by the resulting cross-sectional area calculated each depth strata (0–200 m and > 200 reflected acoustic energy would be m), where appropriate. In some cases, much smaller over the relatively short took this into account. Specifically, for this resulted in different sources being ranges involved. We also accounted for shallow-diving species this cross- predominant in each depth stratum for the frequency-dependent absorption sectional area was determined for all line km (i.e., the total linear distance coefficient and beam pattern of these whichever was predominant in the traveled during acoustic survey sound sources, which is generally shallow stratum, whereas for deeper- operations) when multiple sources were highly directional. The lowest frequency diving species this area was calculated in operation. This was accounted for in was used for systems that are operated from the combined effects of the estimating overall exposures for species over a range of frequencies. The vertical predominant source in the shallow that utilize both depth strata (deep extent of this area is calculated for two stratum and the (sometimes different) divers). For each ecosystem area, the depth strata. These results, shown in source predominating in the deep total number of line km that would be Table 9, were applied differentially stratum. This creates an effective total surveyed was determined, as was the based on the typical vertical volume characterizing the area relative percentage of surveyed line km stratification of marine mammals (see ensonified when each predominant associated with each source. The total Table 10). source is operated and accounts for the line-kilometers for each survey, the Following the determination of fact that deeper-diving species may dominant source, the effective effective sound exposure area for encounter a complex sound field in percentages associated with each depth, transmissions considered in two different portions of the water column. and the effective total volume dimensions, the next step was to ensonified are given below (Table 7). determine the effective volume of water

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5000 165.5 3000 2000 TRATA Line S source (>200m) km/dominant EPTH D 100 100 40000 1324.0 100 100 WO T source % Time (>200m) dominant ITHIN W 0 0 0 0 ) 3 OURCE Volume S 0–200 m Depth (km ensonified at 0 0 0 0 Line REDOMINANT source P (0–200m) km/dominant TS I 0 0 0 0 25 9000 1000.8 25 9000 32894.1 1000.8 25 9000 25 9000 16447.1 500.4 25 4500 25 4500 75 27000 232.2 75 27000 272.1 75 13500 116.1 75 13500 136.4 100 17000 1890.4 62133.3 100 17000 100 17000 31432.1 956.3 100 8600 100 8600 20102.0 611.6 100 5500 100 5500 100 40000 344.0 0 0 0 100 5000 43.0 0 0 100 3000 28.5 0 0 20102.0 611.6 100 5500 0 100 5500 0 100 4000 34.4 0 0 0 100 2500 21.5 0 0 0 100 2000 17.2 0 0 0 source % Time dominant (0–200m) ESSEL AND V ACH E source 300. 300. Ocean Surveyor. Ocean Surveyor. EM300. Ocean Surveyor. Ocean Surveyor. EK60. 300. Ocean Surveyor. 300. Ocean Surveyor. Ocean Surveyor. Ocean Surveyor. Mariana Archipelago Research Area Dominant Hawaiian Archipelago Research Area 5000 EK60 ...... 5000 ADCP 3000 ADCP 4000 ADCP 2500 ADCP 2000 ADCP 3000 EK60 ...... 2000 EK60 ...... 4000 EK60 ...... 0 0 0 100 4000 2000 EK60 132.4 ...... 0 0 0 100 2000 66.2 2500 EK60 ...... 0 0 0 100 2500 82.8 36000 ADCP 40000 ADCP 18000 ADCP vessel ILOMETERS FOR Average K line kms per INE L OTAL T EAR -Y IVE 9—F ABLE Vessel—survey T Oscar Elton Sette RAMP Gear & Instru- or RAMP ...... EM 36000 Simrad Coral Reef Benthic Mapping ...... 17000 Simrad EM Deep Coral and Sponge Research ...... 5500 Simrad RAMP ...... 18000 Simrad Coral Reef Benthic Mapping ...... 8600 Simrad EM Deep Coral and Sponge ...... 5500 Simrad EM Fish Species. Fish. ment Development & Field Trials. Hi‘ialakai Hi‘ialakai Oscar Elton Sette Kona IEA ...... Oscar Elton Sette Insular Fish Abundance Estimation Hi‘ialakai Oscar Elton Sette Sampling Pelagic Stages of Insular Oscar Elton Sette Cetacean Ecology Assessment ...... Hi‘ialakai 40000 EK60 ...... Hi‘ialakai Hi‘ialakai Oscar Elton Sette Insular Fish Abundance Estimation Hi‘ialakai Oscar Elton Sette Sampling Pelagic Stages of Insular

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Marine Mammal Densities—One of The time of year when data were differences between known generally the primary limitations to traditional collected and from which densities were surface-associated and typically deep- estimates of behavioral harassment from estimated may not always overlap with diving marine mammals (e.g., Reynolds acoustic exposure is the assumption that the timing of PIFSC fisheries surveys and Rommel, 1999; Perrin et al., 2009). animals are uniformly distributed in (detailed previously in ‘‘Detailed Animals in the shallow-diving stratum time and space across very large Description of Activities’’). were assumed, on the basis of empirical geographical areas, such as those being (2) The densities used for purposes of measurements of diving with considered here. There is ample estimating acoustic exposures do not monitoring tags and reasonable evidence that this is in fact not the case, take into account the patchy assumptions of behavior based on other and marine species are highly distributions of marine mammals in an indicators, to spend a large majority of heterogeneous in terms of their spatial ecosystem, at least on the moderate to their lives (i.e., greater than 75 percent) distribution, largely as a result of fine scales over which they are known at depths shallower than 200 m. Their species-typical utilization of to occur. Instead, animals are volumetric density and thus exposure to heterogeneous ecosystem features. Some considered evenly distributed sound is therefore limited by this depth more sophisticated modeling efforts throughout the assessed area, and boundary. Species in the deeper diving have attempted to include species- seasonal movement patterns are not stratum were reasonably estimated to typical behavioral patterns and diving taken into account. dive deeper than 200 m and spend 25 parameters in movement models that (3) Marine mammal density percent or more of their lives at these more adequately assess the spatial and information is in many cases based on greater depths. Their volumetric density temporal aspects of distribution and limited historical surveys and may be and thus potential exposure to sounds thus exposure to sound. While incomplete or absent for many regions up to the 160 dB rms level is extended simulated movement models were not of the vast geographic area addressed by from the surface to the depth at which used to mimic individual diving or PIFSC fisheries research. As a result this received level condition occurs. aggregation parameters in the density estimates for some species/ Their volumetric density and thus determination of animal density in this stocks in some regions are based on the potential exposure to sound at or above estimation, the vertical stratification of best available data for other regions and/ the 160 dB rms threshold is extended marine mammals based on known or or similar stocks. from the surface to 500 m, (i.e., nominal reasonably assumed diving behavior In addition, and to account for at least maximum water depth in regions where was integrated into the density some coarse differences in marine these surveys occur). estimates used. mammal diving behavior and the effect The volumetric densities are estimates First, typical two-dimensional marine this has on their likely exposure to these of the three-dimensional distribution of mammal density estimates (animals/ kinds of often highly directional sound animals in their typical depth strata. For km2) were obtained from various sources, a volumetric density of marine shallow-diving species the volumetric sources for each ecosystem area. These mammals of each species was density is the area density divided by were estimated from marine mammal determined. This value is estimated as 0.2 km (i.e., 200 m). For deeper diving Stock Assessment Reports and other the abundance averaged over the two- species, the volumetric density is the sources (please see Table 6–5 of PIFSC’s dimensional geographic area of the area density divided by a nominal value application). There are a number of surveys and the vertical range of typical of 0.5 km (i.e., 500 m). The two- caveats associated with these estimates: habitat for the population. Habitat dimensional and resulting three- (1) They are often calculated using ranges were categorized in two dimensional (volumetric) densities for visual sighting data collected during one generalized depth strata (0–200 m and each species in each ecosystem area are season rather than throughout the year. greater than 200 m) based on gross shown in Table 10.

TABLE 10—VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN THE PIFSC RESEARCH AREAS

Typical dive depth strata Area density Volumetric Species (common name) 2 density (#/km ) 3 0–200 m I >200 m (#/km ) Hawaiian Archipelago Research Area

Pantropical spotted dolphin ...... X ...... 0.02332 0.1166 Striped dolphin ...... X ...... 0.025 0.125 Spinner dolphin- all insular ...... X ...... 0.009985 0.0499255 Rough-toothed dolphin ...... X ...... 0.02963 0.14815 Bottlenose dolphin ...... X ...... 0.00899 0.04495 Risso’s dolphin ...... X 0.00474 0.00948 Fraser’s dolphin ...... X ...... 0.02104 0.1052 Melon-headed whale ...... X ...... 0.00354 0.0177 Melon-headed whale- Kohala stock ...... X ...... 0.001415 0.0070734 Pygmy killer whale ...... X ...... 0.00435 0.02175 False killer whale- pelagic ...... X 0.0006 0.0012 False killer whale- MHI insular ...... X 0.0009 0.0018 False killer whale- NWHI ...... X 0.0014 0.0028 Short-finned pilot whale ...... X 0.00797 0.01594 Killer whale ...... X ...... 0.00006 0.0003 Sperm whale ...... X 0.00186 0.00372 Pygmy sperm whale ...... X 0.00291 0.00582 Dwarf sperm whale ...... X 0.00714 0.01428 Blainville’s beaked whale ...... X 0.00086 0.00172 Cuvier’s beaked whale ...... X 0.0003 0.0006

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TABLE 10—VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN THE PIFSC RESEARCH AREAS—Continued

Typical dive depth strata Volumetric Species (common name) Area density density (#/km2) 0–200 m >200 m (#/km3)

Longman’s beaked whale ...... X 0.00311 0.00622 Unidentified Mesoplodon ...... X 0.00189 0.00378 Unidentified beaked whale ...... X 0.00117 0.00234 Hawaiian monk seal ...... X ...... 0.003741 0.0187042

Mariana Archipelago Research Area

Pantropical spotted dolphin ...... X ...... 0.0226 0.113 Striped dolphin ...... X ...... 0.00616 0.0308 Spinner dolphin ...... X ...... 0.009985 0.0499255 Rough-toothed dolphin ...... X ...... 0.00314 0.0157 Bottlenose dolphin ...... X ...... 0.00029 0.00145 Risso’s dolphin ...... X 1 0.00021 0.00042 Fraser’s dolphin ...... X ...... 0.02104 0.1052 Melon-headed whale ...... X ...... 0.00428 0.0214 Pygmy killer whale ...... X ...... 0.00014 0.0007 False killer whale- pelagic ...... X 1 0.00111 0.00222 Short-finned pilot whale ...... X 0.00159 0.00318 Killer whale ...... X ...... 0.00006 0.0003 Sperm whale ...... X 0.00123 0.00246 Pygmy sperm whale ...... X 0.00291 0.00582 Dwarf sperm whale ...... X 0.00714 0.01428 Blainville’s beaked whale ...... X 0.00086 0.00172 Cuvier’s beaked whale ...... X 0.0003 0.0006 Unidentified beaked whale ...... X 0.00117 0.00234

American Samoa Research Area

Pantropical spotted dolphin ...... X ...... 0.02332 0.1166 Spinner dolphin ...... X ...... 0.00475 0.02375 Rough-toothed dolphin ...... X ...... 0.02963 0.14815 Bottlenose dolphin ...... X ...... 0.00899 0.04495 False killer whale ...... X ...... 0.00090 0.0045 Short-finned pilot whale ...... X 0.00797 0.01594 Killer whale ...... X ...... 0.00006 0.0003 Sperm whale ...... X 0.00186 0.00372 Dwarf sperm whale ...... X 0.00714 0.01428 Cuvier’s beaked whale ...... X 0.00030 0.0006 Unidentified beaked whale ...... X 0.00117 0.00234

Western and Central Pacific Research Area

Pantropical spotted dolphin ...... X ...... 0.02332 0.1166 Striped dolphin ...... X ...... 0.025 0.125 Spinner dolphin ...... X ...... 0.011095 0.055475 Rough-toothed dolphin ...... X ...... 0.02963 0.14815 Bottlenose dolphin ...... X ...... 0.00899 0.04495 Risso’s dolphin ...... X 1 0.00474 0.00948 Fraser’s dolphin ...... X ...... 0.02104 0.1052 Melon-headed whale ...... X ...... 0.00354 0.0177 Pygmy killer whale ...... X ...... 0.00435 0.02175 False killer whale ...... X 1 0.00102 0.00204 Short-finned pilot whale ...... X 0.00797 0.01594 Killer whale ...... X ...... 0.00006 0.0003 Sperm whale ...... X 0.00186 0.00372 Pygmy sperm whale ...... X 0.00291 0.00582 Dwarf sperm whale ...... X 0.00714 0.01428 Blainville’s beaked whale ...... X 0.00086 0.00172 Cuvier’s beaked whale ...... X 0.0003 0.0006 Deraniyagala’s beaked whale ...... X 0.0003 0.0006 Longman’s beaked whale ...... X 0.00311 0.00622 Unidentified beaked whale ...... X 0.00117 0.00234 1 NMFS has classified these species as deep diving in the PIFSC research areas, which is different from their classification as shallow-diving species by the other NMFS Fisheries Science Centers. These classifications of deep-diving are based on unpublished data from telemetry studies including depth of dive and stomach contents of deep-diving prey items (E. Oleson, personal communication, November 10, 2015).

Using Area of Ensonification and Exposures—Estimates of potential potential exposure to levels of sound at Volumetric Density to Estimate incidents of Level B harassment (i.e., or exceeding the 160 dB rms threshold)

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are then calculated by using (1) the and the volumetric density of animals (4) Estimated exposures to sound ≥ combined results from output for each species. Source- and stratum- 160 dB rms = 0.11660 pantropical characteristics of each source and specific exposure estimates are the spotted dolphin/km3 * (0.0086 km2 * identification of the predominant product of these ensonified volumes 81,500 km) = 81.72 (rounded up) = 82 sources in terms of acoustic output; (2) and the species-specific volumetric estimated pantropical spotted dolphin their relative annual usage patterns for densities (Tables 8, 9 and 10). The exposures to SPLs ≥ 160 dB rms each operational area; (3) a source- general take estimate equation for each resulting from use of the ADCP Ocean specific determination made of the area source in each depth statrum is density Surveyor in the HARA of water associated with received * (ensonified volume * line kms). To illustrate, we use the ADCP Ocean Totals in Tables 11–14 represent sums sounds at the extent of a depth Surveyor in the HARA and the across all relevant surveys and sources boundary; and (4) determination of a pantropical spotted dolphin as an rounded up to the nearest whole biologically-relevant volumetric density example. number. Note that take of baleen whales of marine mammal species in each area. (1) ADCP Ocean Surveyor ensonified is not predicted due to the lack of Estimates of Level B harassment by volume (0–200 m) = 0.0086 km2 overlap in their hearing range with the acoustic sources are the product of the (2) Total Line kms = 81,500 km operating frequencies of PIFSC acoustic volume of water ensonified at 160 dB (3) Pantropical spotted dolphin sources. rms or higher for the predominant density (0–200 m) = 0.11660 dolphins/ sound source for each relevant survey km3

TABLE 11—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE HARA

Estimated Level B harassment Estimated Level B (numbers of animals) in 0–200m depth harassment in Volumetric stratum >200m depth a Species/stocks density stratum Total take (#/km3) EK60 EM300 ADCP EK60 EM300

Pantropical spotted dolphin ...... 0.11660 0 408 82 0 0 490 Striped dolphin ...... 0.12500 0 438 88 0 0 525 Spinner dolphin- all insular ...... 0.04993 0 175 35 0 0 210 Rough-toothed dolphin ...... 0.14815 0 519 104 0 0 623 Bottlenose dolphin (all stocks) ...... 0.04495 0 157 32 0 0 189 Risso’s dolphin ...... 0.00948 0 33 7 17 1091 1148 Fraser’s dolphin...... 0.10520 0 368 74 0 0 442 Melon-headed whale ...... 0.01770 0 62 12 0 0 74 Melon-headed whale- Kohala stock ...... 0.00707 0 25 5 0 0 30 Pygmy killer whale ...... 0.02175 0 76 15 0 0 91 False killer whale- pelagic ...... 0.00120 0 4 1 2 138 145 False killer whale- MHI insular ...... 0.00180 0 6 1 3 207 218 False killer whale- NWHI ...... 0.00280 0 10 2 5 322 339 Short-finned pilot whale ...... 0.01594 0 56 11 29 1835 1931 Killer whale ...... 0.00030 0 1 0 0 0 b 6 Sperm whale ...... 0.00372 0 13 3 7 428 451 Pygmy sperm whale ...... 0.00582 0 20 4 10 670 705 Dwarf sperm whale ...... 0.01428 0 50 10 26 1644 1730 Blainville’s beaked whale ...... 0.00172 0 6 1 3 198 208 Cuvier’s beaked whale ...... 0.00060 0 2 0 1 69 73 Longman’s beaked whale ...... 0.00622 0 22 4 11 716 753 Unidentified Mesoplodon ...... 0.00378 0 13 3 7 435 458 Unidentified beaked whale ...... 0.00234 0 8 2 4 269 283 Hawaiian monk seal ...... 0.01870 0 66 13 0 0 79 a Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes. b Where calculated take over five years is less than typical group size, proposed take has been increased to mean group size (U.S. Navy 2017).

TABLE 12—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE MARA

Estimated Level B harassment Estimated Level B harassment Volumetric (numbers of animals) in in >200m depth stratum Species density 0–200m depth stratum Total take a (#/km3) EK60 EM300 ADCP EK60 EM300 ADCP

Pantropical spotted dolphin 0.11300 0 234 37 0 0 0 271 Striped dolphin ...... 0.03080 0 64 10 0 0 0 74 Spinner dolphin ...... 0.04993 0 103 17 0 0 0 120 Rough-toothed dolphin ...... 0.01570 0 32 5 0 0 0 38 Bottlenose dolphin ...... 0.00145 0 3 0 0 0 0 b 6 Risso’s dolphin ...... 0.00042 0 1 0 0 29 0 30 Fraser’s dolphin ...... 0.10520 0 218 35 0 0 0 b 283

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TABLE 12—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE MARA—Continued

Melon-headed whale ...... 0.02140 0 44 7 0 0 0 b 73 Pygmy killer whale ...... 0.00070 0 1 0 0 0 0 b 7 False killer whale (pelagic) 0.00222 0 5 1 2 151 0 159 Short-finned pilot whale ..... 0.00318 0 7 1 3 216 0 227 Killer whale ...... 0.00030 0 1 0 0 0 0 b 4 Sperm whale ...... 0.00246 0 5 1 2 167 0 175 Pygmy sperm whale ...... 0.00582 0 12 2 5 396 1 416 Dwarf sperm whale ...... 0.01428 0 30 5 13 971 2 1020 Blainville’s beaked whale ... 0.00172 0 4 1 2 117 0 123 Cuvier’s beaked whale ...... 0.00060 0 1 0 1 41 0 43 Unidentified beaked whale 0.00234 0 5 1 2 159 0 167 a Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes. b Where calculated take over five years is less than typical group size, proposed take has been increased to mean group size (U.S. Navy 2017).

TABLE 13—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE ASARA

Estimated Level B harassment Estimated Level B harassment Volumetric (numbers of animals) in >200m depth stratum Species density in 0–200m depth stratum Total take a (#/km3) EK60 EM300 ADCP EK60 EM300 ADCP

Pantropical spotted dolphin 0.11660 0 176 38 0 0 0 214 Spinner dolphin ...... 0.02375 0 36 8 0 0 0 44 Rough-toothed dolphin ...... 0.14815 0 224 48 0 0 0 272 Bottlenose dolphin ...... 0.04495 0 68 14 0 0 0 82 False killer whale ...... 0.00450 0 7 1 0 0 0 b 10 Short-finned pilot whale ..... 0.01594 0 24 5 13 792 2 836 Killer whale ...... 0.00030 0 0 0 0 0 0 b 4 Sperm whale ...... 0.00372 0 6 1 3 185 1 195 Dwarf sperm whale ...... 0.01428 0 22 5 11 710 2 749 Cuvier’s beaked whale ...... 0.00060 0 1 0 0 30 0 31 Unidentified beaked whale 0.00234 0 4 1 2 116 0 123 a Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes. b Where calculated take over five years is less than typical group size, proposed take has been increased to mean group size (U.S. Navy 2017).

TABLE 14—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE WCPRA

Pantropical spotted dolphin 0.11660 0 176 45 0 0 0 221 Striped dolphin...... 0.12500 0 189 48 0 0 0 237 Spinner dolphin ...... 0.05548 0 84 21 0 0 0 105 Rough-toothed dolphin ...... 0.14815 0 224 57 0 0 0 281 Bottlenose dolphin ...... 0.04495 0 68 17 0 0 0 85 Risso’s dolphin ...... 0.00948 0 14 4 10 471 1 500 Fraser’s dolphin ...... 0.10520 0 159 40 0 0 0 b 283 Melon-headed whale ...... 0.01770 0 27 7 0 0 0 b 73 Pygmy killer whale ...... 0.02175 0 33 8 0 0 0 41 False killer whale ...... 0.00204 0 3 1 2 101 0 107 Short-finned pilot whale ..... 0.01594 0 24 6 16 792 2 841 Killer whale ...... 0.00030 0 0 0 0 0 0 b 4 Sperm whale ...... 0.00372 0 6 1 4 185 1 197 Pygmy sperm whale ...... 0.00582 0 9 2 6 289 1 307 Dwarf sperm whale ...... 0.01428 0 22 5 15 710 2 754 Blainville’s beaked whale ... 0.00172 0 3 1 2 85 0 91 Cuvier’s beaked whale ...... 0.00060 0 1 0 1 30 0 32

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TABLE 14—DENSITIES AND ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC FIVE-YEAR ESTIMATES OF LEVEL B HARASSMENT IN THE WCPRA—Continued

Deraniyagala’s beaked whale ...... 0.00060 0 1 0 1 30 0 32 Longman’s beaked whale .. 0.00622 0 9 2 6 309 1 328 Unidentified beaked whale 0.00234 0 4 1 2 116 0 123 a Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes. b Where calculated take over five years is less than typical group size, proposed take has been increased to mean group size (U.S. Navy 2018).

TABLE 15—TOTAL PROPOSED ANNUAL AND FIVE-YEAR TAKES BY LEVEL B HARASSMENT FROM ACOUSTIC DISTURBANCE

All areas 5-year total All areas average Species take by Level B annual take by harassment Level B harassment a

Blainville’s beaked whale ...... 422 84 Bottlenose dolphin ...... 362 72 Cuvier’s beaked whale ...... 179 36 Deraniyagala’s beaked whale ...... 32 6 Dwarf sperm whale ...... 4,253 851 False killer whale ...... 978 196 Fraser’s dolphin ...... 1,008 202 Hawaiian monk seal ...... 79 16 Killer whale ...... 18 4 Longman’s beaked whale ...... 1,081 216 Melon-headed whale ...... 250 50 Pantropical spotted dolphin ...... 1,196 239 Pygmy killer whale ...... 139 28 Pygmy sperm whale ...... 1,428 286 Risso’s dolphin ...... 1,678 336 Rough-toothed dolphin ...... 1,214 243 Short-finned pilot whale ...... 3,835 767 Sperm whale ...... 1,018 204 Spinner dolphin ...... 479 96 Striped dolphin ...... 836 167 Unidentified beaked whale ...... 696 139 Unidentified Mesoplodon ...... 458 92 a Average annual take calculated by dividing total five-year take by five and rounding to nearest whole number.

Estimated Take Due to Physical In the MHI and the NWHI, there are the HARA only. Physical disturbance Disturbance numerous sites used by the endangered would result in no greater than Level B Hawaiian monk seal to haulout (sandy harassment. Behavioral responses may Take due to physical disturbance beaches, rocky outcroppings, exposed be considered according to the scale could potentially happen, as it is likely reefs) where the physical presence and shown in Table 16 and based on the that some Hawaiian monk seals will sounds of researchers walking by or method developed by Mortenson (1996). move or flush from known haulouts into passing nearby in small boats may We consider responses corresponding to the water in response to the presence or disturb animals present. Disturbance to Levels 2–3 to constitute Level B sound of PIFSC vessels or researchers. Hawaiian monk seals would occur in harassment.

TABLE 16—LEVELS OF PINNIPED BEHAVIORAL DISTURBANCE

Type of Level response Definition

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 in response to 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. * Only observations of disturbance Levels 2 and 3 are recorded as takes.

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The 2018 SAR for Hawaiian monk PIFSC has requested, and NMFS is technologies, practices, and equipment seal estimates the total abundance in the proposing to authorize, 900 Level B to minimize the impact of the proposed Hawaiian archipelago is 1,415 seals disturbances of Hawaiian monk seals activities on marine mammal species (Caretta et al., 2019). Not all of these due to the physical presence of and stocks and their habitat. The seals haul out at the same time or at the researchers over the five-year mitigation measures discussed here same places, and therefore it is difficult authorization period, or an average of have been determined to be both to predict if any monk seals will be 180 takes by Level B harassment per effective and practicable and, in some present at any particular research year. The annual maximum potential cases, have already been implemented location at any point in time. Therefore, exposures (900) could also realistically by the PIFSC. In addition, the PIFSC is the best way to estimate the amount of be reduced by half due to mitigation and actively conducting research to Level B harassment would be to geographical separation to a maximum determine if gear modifications are approximate the number of seals hauled of 450 takes of Hawaiian monk seals by effective at reducing take from certain out at any point in time across the Level B harassment in a year. types of gear; any potentially effective and practicable gear modification HARA and the probability that a Proposed Mitigation researcher would be close enough to mitigation measures will be discussed actually disturb the seal. In order to issue an incidental take as research results are available as part authorization under Section 101(a)(5)(A Parrish et al. (2002) estimated of the adaptive management strategy or D) of the MMPA, NMFS must set included in this rule. approximately one-third of the total forth the permissible methods of taking population may be hauled out at any pursuant to such activity, ‘‘and other General Measures point in time. Assuming that all seals means of effecting the least practicable Visual Monitoring—Effective have an equal probability of hauling out impact on such species or stock and its monitoring is a key step in anywhere in the archipelago, one-third habitat, paying particular attention to implementing mitigation measures and of 1,351 is approximately 450 rookeries, mating grounds, and areas of is achieved through regular marine individual monk seals. Given that the similar significance, and on the mammal watches. Marine mammal two surveys with the highest probability availability of such species or stock for watches are a standard part of of disturbing monk seals (i.e., RAMP taking’’ for certain subsistence uses. conducting PIFSC fisheries research and Marine Debris Research and NMFS regulations require applicants for activities, particularly those activities Removal) systematically circumnavigate incidental take authorizations to include that use gears that are known to or all the islands and atolls when they are information about the availability and potentially interact with marine conducted, we could estimate the feasibility (economic and technological) mammals. Marine mammal watches and annual maximum number of Level B of equipment, methods, and manner of monitoring occur during daylight hours harassment takes as 900 during the conducting such activity or other means prior to deployment of gear (e.g., trawls, years when these are conducted. Over of effecting the least practicable adverse longline gear), and they continue until the course of five years, this would be impact upon the affected species or gear is brought back on board. If marine approximately 4,500 potential stocks and their habitat (50 CFR mammals are sighted in the area and are disturbances if all the surveys took 216.104(a)(11)). considered to be at risk of interaction place every year at every location across In evaluating how mitigation may or with the research gear, then the the HARA. However, RAMP surveys may not be appropriate to ensure the sampling station is either moved or occur in the HARA approximately twice least practicable adverse impact on canceled or the activity is suspended every five years and Marine Debris species or stocks and their habitat, as until the marine mammals are no longer Research and Removal Surveys are well as subsistence uses where in the area. On smaller vessels, the Chief rarely funded to a level that would applicable, we carefully consider two Scientist (CS) and the vessel operator support complete circumnavigation of primary factors: are typically those looking for marine the HARA each year. In addition, during (1) The manner in which, and the mammals and other protected species. some RAMP surveys the location of degree to which, the successful When marine mammal researchers are marine debris are identified (and implementation of the measure(s) is on board (distinct from marine mammal recorded), thus precluding the need for expected to reduce impacts to marine observers dedicated to monitoring for marine debris identification later (only mammals, marine mammal species or potential gear interactions), they will removal). Therefore, the approximately stocks, and their habitat. This considers record the estimated species and 4,500 potential disturbances over five the nature of the potential adverse numbers of animals present and their years could be reduced by two-fifths to impact being mitigated (likelihood, behavior. If marine mammal researchers approximately 1,800 potential scope, range). It further considers the are not on board or available, then the disturbances over five years. likelihood that the measure will be CS in cooperation with the vessel Furthermore, not all small boat effective if implemented (probability of operator will monitor for marine operations during these surveys are accomplishing the mitigating result if mammals and provide training as close enough to the shoreline to actually implemented as planned) the likelihood practical to bridge crew and other crew cause a disturbance (e.g., a seal may be of effective implementation (probability to observe and record such information. hauled out on a beach in a bay but the implemented as planned); and Coordination and Communication— shallow fringing reef may keep the small (2) the practicability of the measures When PIFSC survey effort is conducted boat from getting within half of mile for applicant implementation, which aboard NOAA-owned vessels, there are from shore) and the researchers may consider such things as cost, both vessel officers and crew and a implement avoidance and minimization impact on operations, personnel safety, scientific party. Vessel officers and crew measures while carrying out the and practicality of implementation. are not composed of PIFSC staff but are surveys. The approximately 1,800 employees of NOAA’s Office of Marine potential disturbances could Mitigation for Marine Mammals and and Aviation Operations (OMAO), realistically be reduced through Their Habitat which is responsible for the avoidance or sheer geographical The PIFSC has invested significant management and operation of NOAA separation by one-half. Therefore, the time and effort in identifying fleet ships and aircraft and is composed

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of uniformed officers of the NOAA The PIFSC will coordinate with the commercial fishing vessels. Although Commissioned Corps as well as local Pacific Islands Regional Stranding commercial fisheries take larger civilians. The ship’s officers and crew Coordinator and the NMFS Stranding quantities of marine mammals than provide mission support and assistance Coordinator for any unusual protected fisheries research, the nature of such to embarked scientists, and the vessel’s species behavior and any stranding, takes by entanglement or capture are Commanding Officer (CO) has ultimate beached live/dead, or floating protected similar. Therefore, the PIFSC would responsibility for vessel and passenger species that are encountered during adopt commercial fishery safety and, therefore, decision authority field research activities. If a large whale disentanglement and release protocols regarding the implementation of is alive and entangled in fishing gear, (summarized below), which should mitigation measures. When PIFSC the vessel will immediately call the U.S. increase post-release survival. Handling survey effort is conducted aboard Coast Guard at VHF Ch. 16 and/or the or disentangling marine mammals cooperative platforms (i.e., non-NOAA appropriate Marine Mammal Health and carries inherent safety risks, and using vessels), ultimate responsibility and Stranding Response Network for best professional judgment and ensuring decision authority again rests with non- instructions. All entanglements (live or human safety is paramount. Captured or entangled live or injured PIFSC personnel (i.e., vessel’s master or dead) and vessel strikes must be reported immediately to the NOAA marine mammals are released from captain). Although the discussion Fisheries Marine Mammal Stranding research gear and returned to the water throughout this Rule does not always Hotline at 888–256–9840. as soon as possible with no gear or as explicitly reference those with decision- Vessel Speed—Vessel speed during little gear remaining on the animal as making authority from cooperative active sampling rarely exceeds 5 kt, possible. Animals are released without platforms, all mitigation measures apply with typical speeds being 2–4 kt. Transit removing them from the water if with equal force to non-NOAA vessels speeds vary from 6–14 kt but average 10 possible, and data collection is and personnel as they do to NOAA kt. These low vessel speeds minimize conducted in such a manner as not to vessels and personnel. Decision the potential for ship strike (see delay release of the animal(s) or authority includes the implementation ‘‘Potential Effects of the Specified endanger the crew. PIFSC is responsible of mitigation measures (e.g., whether to Activity on Marine Mammals and Their for training PIFSC and partner affiliates stop deployment of trawl gear upon Habitat’’ for an in-depth discussion of on how to identify different species; observation of marine mammals). The ship strike). In addition, as a standard handle and bring marine mammals scientific party involved in any PIFSC operating practice, PIFSC maintains a aboard a vessel; assess the level of survey effort is composed, in part or 100-yard distance between research consciousness; remove fishing gear; and whole, of PIFSC staff and is led by a CS. vessels and large whales whenever and return marine mammals to water. Therefore, because the PIFSC—not wherever it conducts fisheries research Human safety is always the paramount OMAO or any other entity that may activities. At any time during a survey concern. or in transit, if a crew member or have authority over survey platforms Trawl Survey Visual Monitoring and designated marine mammal observer used by PIFSC—is the applicant to Operational Protocols whom any incidental take authorization standing watch sights marine mammals issued under the authority of these that may intersect with the vessel course Visual monitoring protocols, proposed regulations would be issued, that individual will immediately described above, are an integral we require that the PIFSC take all communicate the presence of marine component of trawl mitigation necessary measures to coordinate and mammals to the bridge for appropriate protocols. Observation of marine communicate in advance of each course alteration or speed reduction, as mammal presence and behaviors in the specific survey with OMAO, or other possible, to avoid incidental collisions. vicinity of PIFSC trawl survey operations allows for the application of relevant parties, to ensure that all Other Gears—The PIFSC deploys a professional judgment in determining mitigation measures and monitoring wide variety of gear to sample the the appropriate course of action to requirements described herein, as well marine environment during all of their research cruises. Many of these types of minimize the incidence of marine as the specific manner of gear (e.g., plankton nets, video camera mammal gear interactions. implementation and relevant event- and ROV deployments) are not The OOD, CS or other designated contingent decision-making processes, considered to pose any risk to marine member of the scientific party, and crew are clearly understood and agreed-upon. mammals and are therefore not subject standing watch on the bridge visually This may involve description of all to specific mitigation measures. scan surrounding waters with the naked required measures when submitting However, at all times when the PIFSC eye and rangefinding binoculars (or cruise instructions to OMAO or when is conducting survey operations at sea, monocular) for marine mammals prior completing contracts with external the OOD and/or CS and crew will to, during, and until all trawl operations entities. PIFSC will coordinate and monitor for any unusual circumstances are completed. Some sets may be made conduct briefings at the outset of each that may arise at a sampling site and use at night or in other limited visibility survey and as necessary between the best professional judgment to avoid any conditions, when visual observation ship’s crew (CO/master or designee(s), potential risks to marine mammals may be conducted using the naked eye as appropriate) and scientific party in during use of all research equipment. and available vessel lighting with order to explain responsibilities, Handling Procedures—Handling limited effectiveness. communication procedures, marine procedures are those taken to return a Most research vessels engaged in mammal monitoring protocol, and live animal to the sea or process a dead trawling will have their station in view operational procedures. The CS will be animal. The PIFSC will implement a for 15 minutes or 2 nmi prior to responsible for coordination with the number of handling protocols to reaching the station, depending upon Officer on Deck (OOD; or equivalent on minimize potential harm to marine the sea state and weather. Many vessels non-NOAA platforms) to ensure that mammals that are incidentally taken will inspect the tow path before requirements, procedures, and decision- during the course of fisheries research deploying the trawl gear, adding another making processes are understood and activities. In general, protocols have 15 minutes of observation time and gear properly implemented. already been prepared for use on preparation prior to deployment.

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Personnel on watch must monitor the marine mammals are sighted before the monitoring pre-deployment. PIFSC shall station for 30 minutes prior to deploying gear is fully retrieved, the most implement standard survey protocols to the trawl. If personnel on watch observe appropriate response to avoid incidental minimize potential for marine mammal marine mammals, they must take is determined by the professional interactions, including maximum tow immediately alert the OOD and CS as to judgment of the OOD, in consultation durations at target depth and maximum their best estimate of the species, with the CS and vessel operator as tow distance, and shall carefully empty quantity, distance, bearing, and necessary. These judgments take into the trawl as quickly as possible upon direction of travel relative to the ship’s consideration the species, numbers, and retrieval. Standard tow durations for position. If any marine mammals are behavior of the animals, the status of the midwater trawls are between two and sighted around the vessel during the 30- trawl net operation (net opening, depth, four hours as target species (e.g., pelagic minute pre-deployment monitoring and distance from the stern), the time it stage eteline snappers) are relatively period before setting gear, the vessel would take to retrieve the net, and rare, and longer haul times are must be moved away from the animals safety considerations for changing speed necessary to acquire the appropriate to a different section of the sampling or course. If marine mammals are scientific samples. However, trawl hauls area if the animals appear to be at risk sighted during haul-back operations, will be terminated and the trawl of interaction with the gear. This is what there is the potential for entanglement retrieved upon the determination and is referred to as the ‘‘move-on’’ rule. during retrieval of the net, especially professional judgment of the officer on If marine mammals are observed at or when the trawl doors have been watch, in consultation with the CS or near the station, the CS and the vessel retrieved and the net is near the surface other designated scientist and other operator will determine the best strategy and no longer under tension. The risk of experienced crew as necessary, that this to avoid potential takes based on the catching an animal may be reduced if action is warranted to avoid an species encountered, their numbers and the trawling continues and the haul- incidental take of a marine mammal. behavior, their position and vector back is delayed until after the marine Longline Survey Visual Monitoring and relative to the vessel, and other factors. mammal has lost interest in the gear or Operational Protocols For instance, a whale transiting through left the area. The appropriate course of the area and heading away from the action to minimize the risk of incidental Visual monitoring requirements for all vessel may not require any move, or take is determined by the professional longline surveys are similar to the may require only a short move from the judgment of the OOD, vessel operator, general protocols described above for initial sampling site, while a pod of and the CS based on all situation trawl surveys. Please see that section for dolphins gathered around the vessel variables, even if the choices full details of the visual monitoring may require a longer move from the compromise the value of the data protocol and the move-on rule initial sampling site or possibly collected at the station. The PIFSC must mitigation protocol. In summary, cancellation of the station if the retrieve trawl gear immediately if requirements for longline surveys are to: dolphins follow the vessel. After marine mammals are believed to be (1) Conduct visual monitoring prior to moving on, if marine mammals are still captured/entangled in a net, line, or arrival on station; (2) implement the visible from the vessel and appear to be associated gear and follow move-on rule if marine mammals are at risk, the CS or OOD may decide, in disentanglement protocols. observed within the area around the consultation with the vessel operator, to We recognize that it is not possible to vessel and may be at risk of interacting move again or to skip the station. In dictate in advance the exact course of with the vessel or gear; (3) deploy gear many cases, the survey design can action that the OOD or CS should take as soon as possible upon arrival on accommodate sampling at an alternate in any given event involving the station (depending on presence of site. Gear would not be deployed if presence of marine mammals in marine mammals); and (4) maintain marine mammals have been sighted proximity to an ongoing trawl tow, visual monitoring effort throughout from the ship in its approach to the given the sheer number of potential deployment and retrieval of the longline station unless those animals do not variables, combinations of variables that gear. As was described for trawl gear, appear to be in danger of interactions may determine the appropriate course of the OOD, CS, or personnel on watch with the gear, as determined by the action, and the need to prioritize human will use best professional judgment to judgment of the CS and vessel operator. safety in the operation of fishing gear at minimize the risk to marine mammals The efficacy of the ‘‘move-on’’ rule is sea. Nevertheless, PIFSC will account from potential gear interactions during limited during nighttime or other for all factors that shape both successful deployment and retrieval of gear. If periods of limited visibility, although and unsuccessful decisions, and these marine mammals are detected during operational lighting from the vessel details will be fed back into PIFSC setting operations and are considered to illuminates the water in the immediate training efforts and ultimately help to be at risk, immediate retrieval or vicinity of the vessel during gear setting refine the best professional judgment suspension of operations may be and retrieval. In these cases, it is again that determines the course of action warranted. If operations have been the judgment of the CS or vessel taken in future scenarios (see further suspended because of the presence of operator as based on experience and in discussion in ‘‘Proposed Monitoring and marine mammals, the vessel will consultation with the vessel operator to Reporting’’). resume setting (when practicable) only exercise due diligence and to decide on If trawling operations have been when the animals are believed to have appropriate course of action to avoid suspended because of the presence of departed the area. If marine mammals unintentional interactions. marine mammals, the vessel will are detected during retrieval operations Once the trawl net is in the water, the resume trawl operations (when and are considered to be at risk, haul- OOD, CS or other designated scientist, practicable) only when the animals are back may be postponed. The PIFSC and/or crew standing watch continue to believed to have departed the area. This must retrieve gear immediately if monitor the waters around the vessel decision is at the discretion of the OOD/ marine mammals are believed to be and maintain a lookout for marine CS and is dependent on the situation. captured/entangled in a net, line, or mammals as environmental conditions PIFSC shall conduct trawl operations as associated gear and follow allow (as noted previously, visibility soon as is practicable upon arrival at the disentanglement protocols. These can be limited for various reasons). If sampling station following visual decisions are at the discretion of the

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OOD/CS and are dependent on the attached within 1 m of each hook. A boat, and a topside spotter working in situation. line shooter will be used to set the tandem. Topside spotters may also work The 1994 amendments to the MMPA mainline. Completely thawed and blue- as coxswains, depending on team tasked NMFS with establishing dyed bait will be used (two 1-pound assignment and boat layout. Spotters monitoring programs to estimate containers of blue-dye will be kept on and coxswains will be tasked with mortality and serious injury of marine the boat for backup). Fish parts and specifically looking out for divers, mammals incidental to commercial spent bait with all hooks removed will marine mammals, and environmental fishing operations and to develop Take be kept for strategic offal discard. hazards. Reduction Plans (TRPs) in order to Retained swordfish will be cut in half at Before approaching any shoreline or reduce commercial fishing takes of the head; used heads and livers will also exposed reef, all observers will examine strategic stocks of marine mammals be used for strategic offal discard. the beach, shoreline, reef areas, and any below Potential Biological Removal • When shallow-setting anywhere other visible land areas within the line (PBR). The False Killer Whale Take and setting longline gear from the side: of sight for marine mammals. Divers, Reduction Plan (FKWTRP) was finalized Mainline will be deployed from the port spotters, and coxswains undertake in 2012 to reduce the level of mortality or starboard side at least 1 m forward of consistent due diligence and take every and serious injury of false killer whales the stern corner. If a line shooter is precaution during operations to avoid in Hawaii-based longline fisheries for used, it will be mounted at least 1 m interactions with any marine mammals tuna and billfish (77 FR 71260; forward from the stern corner. A (e.g., flushing Hawaiian monk seals). November 29, 2012). Regulatory specified bird curtain will be used aft of Scientists, divers, and coxswains follow measures in the FKWTRP include gear the setting station during the set. Gear the Best Management Practices (BMPs) requirements, prohibited areas, training will be deployed so that hooks do not for boat operations and diving activities. and certification in marine mammal resurface. 45 g or heavier weights will These practices include but are not handling and release, and posting of be attached within 1 m of each hook. limited to the following: NMFS-approved placards on longline • When deep-setting north of 23° N • Constant vigilance shall be kept for vessels. PIFSC does not conduct and setting longline gear from the side: the presence of marine mammals; fisheries and ecosystem research with Mainline will be deployed from the port • When piloting vessels, vessel longline gear within any of the or starboard side at least 1 m forward of operators shall alter course to remain at exclusion zones established by the the stern corner. If a line shooter is least 100 m from marine mammals; FKWTRP. used, it will be mounted at least 1 m • Reduce vessel speed to 10 kt or less Because longline research is currently forward from the stern corner. A when piloting vessels within 1 km (as conducted in conjunction with specified bird curtain will be used aft of visibility permits) of marine mammals; commercial fisheries, operational the setting station during the set. Gear • Marine mammals should not be characteristics (e.g., branchline and will be deployed so that hooks do not encircled or trapped between multiple floatline length, hook type and size, bait resurface. 45 g or heavier weights will vessels or between vessels and the type, number of hooks between floats) of be attached within 1 m of each hook. shore; the longline gear in Hawai1i, American Operational characteristics in non- • If approached by a marine mammal Samoa, Guam, the Commonwealth of Western Pacific Regional Fisheries (within 100 yards for large whales and the Northern Marianas, or EEZs of the Management Council areas of 50 yards for all other marine mammals), Pacific Insular Areas adhere to the jurisdiction (i.e., outside of the areas put the engine in neutral and allow the requirements on commercial longline under NMFS jurisdiction named above) animal to pass; gear based on NMFS regulations adhere to the regulations of the • Unless specifically covered under a (summarized at https:// applicable management agencies. These separate NMFS research permit that www.fisheries.noaa.gov/pacific-islands/ agencies include the Western and allows activity in proximity to marine resources-fishing/regulation-summaries- Central Pacific Fisheries Commission mammals, all in-water work, not already and-compliance-guides-pacific-islands (WCPFC), International Commission for underway, will be postponed and must and specified in 50 CFR 229, 300, 404, the Conservation of Atlantic Tunas not commence until large whales are 600, and 665). PIFSC will adhere to the (ICCAT), and Inter-American Tropical beyond 100 yards or other marine regulations detailed at the link above, Tuna Commission (IATTC). These mammals are beyond 50 yards; and generally follow the following operational characteristics include • Should marine mammals enter the procedures when setting and retrieving specifications in WCPFC 2008, WCPFC area while in-water work is already in longline gear: 2007, ICCAT 2010, ICCAT 2011, IATTC progress, the activity may continue only • When shallow-setting anywhere 2011, and IATTC 2007. when that activity has no reasonable and setting longline gear from the stern: expectation to adversely affect the Small Boat and Diver Operations Completely thawed and blue-dyed bait animal(s); will be used (two 1-pound containers of The following measures are carried • No feeding, touching, riding, or blue-dye will be kept on the boat for out by the PIFSC when working in and otherwise intentionally interacting with backup). Fish parts and spent bait with around shallow water coral reef any marine mammals is permitted all hooks removed will be kept for habitats. These measures are intended to unless undertaken to rescue a marine strategic offal discard. Retained avoid and minimize impacts to marine mammal or otherwise authorized by swordfish will be cut in half at the head; mammals and other protected species. another permit; used heads and livers will also be used Transit from the open ocean to shallow- • Mechanical equipment will also be for strategic offal discard. Setting will reef survey regions (depths of < 35 m) monitored to ensure no accidental only occur at night and begin 1 hour of atolls and islands should be no more entanglements occur with protected after local sunset and finish 1 hour than 3 nmi, dependent upon prevailing species (e.g., with PAM float lines, before next sunrise, with lighting kept to weather conditions and regulations. transect lines, and oceanographic a minimum. Each team conducts surveys and in- equipment stabilization lines); and • When deep-setting north of 23° N water operations with at least two divers • Team members will immediately and setting longline gear from the stern: observing for the proximity of marine respond to an entangled animal, halting 45 Gram (g) or heavier weights will be mammals, a coxswain driving the small operations and providing an onsite

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response assessment (allowing the during this time. If a shark is sighted, are considered to be at risk, immediate animal to disentangle itself, assisting then visual monitoring would be retrieval or suspension of operations with disentanglement, etc.), unless returned to normal. If a monk seal, may be warranted. If operations have doing so would put divers, coxswains, bottlenose dolphin, or other marine been suspended because of the presence or other staff at risk of injury or death. mammal is seen in the vicinity of a of marine mammals, the vessel will bottomfishing operation, then the gear resume setting (when practicable) only Marine Debris Research and Removal would be retrieved immediately and the when the animals are believed to have Activities vessel would be moved to another departed the area. If marine mammals Land vehicle (trucks) operations will sampling location where marine are detected during retrieval operations occur in areas of marine debris where mammals are not present. Catch loss and are considered to be at risk, haul- vehicle access is possible from would be tallied on the data sheet, as back may be postponed. PIFSC must highways or rural/dirt roads adjacent to would a ‘‘move-on’’ for a marine retrieve gear immediately if marine coastal resources. Prior to initiating any mammal; and mammals are believed to be entangled marine debris removal operations, • If bottomfishing gear is lost while in an instrument or trap line or marine debris personnel (marine fishing, then visual monitoring will be associated gear and follow ecosystem specialists) will thoroughly enhanced around the vessel for the next disentanglement protocols. These examine the beaches and near shore ten minutes. Fishing may continue decisions are at the discretion of the environments/waters for Hawaiian during this time. If a shark is sighted, OOD/CS and are dependent on the monk seals before approaching marine then visual monitoring would be situation. debris sites and initiating removal returned to normal under the In order to minimize the potential risk activities. Debris will be retrieved by assumption that marine mammals and of entanglement during instrument and personnel who are knowledgeable of sharks are unlikely to co-occur. If a trap deployment, PIFSC is evaluating and act in compliance with all Federal monk seal, bottlenose dolphin, or other possible modifications to total line laws, rules and regulations governing marine mammal is seen in the vicinity, length and the relative length of floating wildlife in the Papaha¯naumokua¯kea it would be observed until a line to sinking line used for stationary Marine National Monument and MHI. determination can be made of whether gear that is deployed from ships or This includes, but is not limited to gear is sighted attached to the animal, small boats (e.g., stereo-video data maintaining a minimum distance of 50 gear is suspected to be on the animal collection). A certain amount of extra yards from all monk seals and a (i.e., it demonstrates uncharacteristic line (or scope) is needed whenever minimum of 100 yards from female behavior such as thrashing), or gear is deploying gear/instruments to the seals with pups. not observed on the animal and it seafloor to prevent currents from behaves normally. If a cetacean or monk moving the gear/instruments off station. Bottomfishing seal is sighted with the gear attached or If the line is floating line and there is The PIFSC carefully considered the suspected to be attached, then the no current then the scope will be potential risk of marine mammal procedures and actions for incidental floating on the surface. Alternatively, interactions with its bottomfishing takes would be initiated (see scope in sinking line may gather below hook-and-line research gear, and ‘‘Monitoring and Reporting’’). Gear loss the water surface when currents are determined that the risk was not high would be tallied on the data sheet, as slow or absent. Because current speeds enough to warrant requesting takes in would a ‘‘move-on’’ because of a marine vary, there is a need for scope every that gear. However, PIFSC intends to mammal. time that gear is deployed. implement mitigation measures to Line floating on the surface presents reduce the risk of potential interactions Instrument and Trap Deployment the greatest risk for marine mammal and to help improve our understanding Visual monitoring requirements for entanglement because: (1) When marine of what those risks might be for different instrument and trap deployments are mammals (e.g., humpback whales) come species. These efforts will help inform similar to the general protocols to the surface to breathe, the floating the adaptive management process to described above for trawl and longline line is more likely to become caught in determine the appropriate type of surveys. Please see that section for full their mouths or around their fins; and mitigation needed for research details of the visual monitoring protocol (2) humpback whales tend to spend conducted with bottomfishing gear. and the move-on rule mitigation most of their time near the surface, PIFSC will implement the following protocol. In summary, requirements for generally in the upper 150 m of the mitigation measures: longline surveys are to: (1) Conduct water column. • Visual monitoring for marine visual monitoring prior to arrival on Currently, PIFSC uses only floating mammals for at least 30 minutes before station; (2) implement the move-on rule line to deploy stationary gear from ships gear is set and implementation of the if marine mammals are observed within or small boats. Floating line is used in ‘‘move-on’’ rule as described above; the area around the vessel and may be order to maintain the vertical • To avoid attracting any marine at risk of interacting with the vessel or orientation of the line immediately mammals to a bottomfishing operation, gear; (3) deploy gear as soon as possible above the instrument on the seafloor. dead fish and bait will not be discarded upon arrival on station (depending on The floating line also helps to keep the from the vessel while actively fishing. presence of marine mammals); and (4) line off of the seafloor where it could Dead fish and bait may be discarded maintain visual monitoring effort snag or adversely affect benthic after gear is retrieved and immediately throughout deployment and retrieval of organisms or habitat features. before the vessel leaves the sampling the gear. As was described for trawl and This mitigation measure would location for a new area; longline gear, the OOD, CS, or personnel involve the use of sinking line for • If a hooked fish is retrieved and it on watch will use best professional approximately the top 1⁄3 of the line. appears to the fisher that it has been judgment to minimize the risk to marine The other approximately lower 2⁄3 damaged by a monk seal or other marine mammals from potential gear would still be floating line. This mammal, then visual monitoring will be interactions during deployment and configuration would allow any excess enhanced around the vessel for the next retrieval of gear. If marine mammals are scope in the line to sink to a depth ten minutes. Fishing may continue detected during setting operations and where it would be below where most

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whales and dolphins commonly occur. fitness and survival of individual except when gear is being deployed, Specific line lengths, and ratios of marine mammals; or (2) populations, soaking, or retrieved or when marine floating line to sinking line, would vary species, or stocks; mammals are observed in the path of the with actual depth and the total line • Effects on marine mammal habitat ship during transit. length. This mitigation measure would (e.g., marine mammal prey species, PIFSC will also monitor disturbance not preclude the risk of whales or acoustic habitat, or other important of hauled-out pinnipeds resulting from dolphins swimming into the submerged physical components of marine the presence of researchers, paying line, but this risk is believed to be lower mammal habitat); and particular attention to the distance at relative to line floating on the surface. • Mitigation and monitoring which pinnipeds are disturbed. Based on our evaluation of the effectiveness. Disturbance will be recorded according PIFSC’s proposed measures, as well as PIFSC shall designate a compliance to the three-point scale, representing other measures considered by NMFS, coordinator who shall be responsible for increasing seal response to disturbance, NMFS has preliminarily determined ensuring compliance with all shown in Table 16. that the proposed mitigation measures requirements of any LOA issued Training provide the means effecting the least pursuant to these regulations and for practicable impact on the affected preparing for any subsequent request(s) NMFS considers the proposed suite of species or stocks and their habitat, for incidental take authorization. monitoring and operational procedures paying particular attention to rookeries, PIFSC plans to make its training, to be necessary to avoid adverse mating grounds, and areas of similar operations, data collection, animal interactions with protected species and significance. handling, and sampling protocols more still allow PIFSC to fulfill its scientific systematic in order to improve its ability missions. However, some mitigation Proposed Monitoring and Reporting to understand how mitigation measures measures such as the move-on rule In order to issue an incidental take influence interaction rates and ensure require judgments about the risk of gear authorization for an activity, section its research operations are conducted in interactions with protected species and 101(a)(5)(A) of the MMPA states that an informed manner and consistent the best procedures for minimizing that NMFS must set forth ‘‘requirements with lessons learned from those with risk on a case-by-case basis. Vessel pertaining to the monitoring and experience operating these gears in operators and Chief Scientists are reporting of such taking.’’ The MMPA close proximity to marine mammals. It charged with making those judgments at implementing regulations at 50 CFR is in this spirit that we propose the sea. They are all highly experienced 216.104(a)(13) require that requests for monitoring requirements described professionals but there may be incidental take authorizations must below. inconsistencies across the range of research surveys conducted and funded include the suggested means of Visual Monitoring accomplishing the necessary monitoring by PIFSC in how those judgments are and reporting that will result in Marine mammal watches are a made. In addition, some of the increased knowledge of the species and standard part of conducting fisheries mitigation measures described above of the level of taking or impacts on research activities, and are implemented could also be considered ‘‘best populations of marine mammals that are as described previously in ‘‘Proposed practices’’ for safe seamanship and expected to be present in the proposed Mitigation.’’ Dedicated marine mammal avoidance of hazards during fishing action area. visual monitoring occurs as described (e.g., prior surveillance of a sample site Monitoring and reporting (1) for some period prior to deployment before setting trawl gear). At least for requirements prescribed by NMFS of most research gear; (2) throughout some of the research activities should contribute to improved deployment and active fishing of all considered, explicit links between the understanding of one or more of the research gears; (3) for some period prior implementation of these best practices following: to retrieval of longline gear; and (4) and their usefulness as mitigation • Occurrence of marine mammal throughout retrieval of all research gear. measures for avoidance of protected species or stocks in the action area (e.g., This visual monitoring is performed by species may not have been formalized presence, abundance, distribution, trained PIFSC personnel or other trained and clearly communicated with all density); crew during the monitoring period. scientific parties and vessel operators. • Nature, scope, or context of likely Observers record the species and NMFS therefore proposes a series of marine mammal exposure to potential estimated number of animals present improvements to PIFSC protected stressors/impacts (individual or and their behaviors. This may provide species training, awareness, and cumulative, acute or chronic), through valuable information towards an reporting procedures. NMFS expects better understanding of: (1) Action or understanding of whether certain these new procedures will facilitate and environment (e.g., source species may be attracted to vessels or improve the implementation of the characterization, propagation, ambient certain survey gears. Separately, mitigation measures described above. noise); (2) affected species (e.g., life personnel on watch (those navigating PIFSC will initiate a process for its history, dive patterns); (3) co-occurrence the vessel and other crew; these will Chief Scientists and vessel operators to of marine mammal species with the typically not be PIFSC personnel) communicate with each other about action; or (4) biological or behavioral monitor for marine mammals at all their experiences with marine mammal context of exposure (e.g., age, calving or times when the vessel is being operated. interactions during research work with feeding areas); The primary focus for this type of watch the goal of improving decision-making • Individual marine mammal is to avoid striking marine mammals regarding avoidance of adverse responses (behavioral or physiological) and to generally avoid navigational interactions. As noted above, there are to acoustic stressors (acute, chronic, or hazards. These personnel on watch many situations where professional cumulative), other stressors, or typically have other duties associated judgment is used to decide the best cumulative impacts from multiple with navigation and other vessel course of action for avoiding marine stressors; operations and are not required to mammal interactions before and during • How anticipated responses to record or report to the scientific party the time research gear is in the water. stressors impact either: (1) Long-term data on marine mammal sightings, The intent of this mitigation measure is

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to draw on the collective experience of cruises already include pre-sail review Handling Procedures for PIFSC people who have been making those of marine mammal protocols for affected Fisheries Research Vessels.’’ decisions, provide a forum for the crew but PIFSC will also review its Reporting exchange of information about what briefing instructions for consistency and went right and what went wrong, and accuracy. As is normally the case, PIFSC will try to determine if there are any rules- Following the first year of coordinate with the relevant stranding of-thumb or key factors to consider that implementation of the LOA, PIFSC will coordinators for any unusual marine would help in future decisions convene a workshop with PIRO mammal behavior and any stranding, regarding avoidance practices. PIFSC Protected Resources, PIFSC fishery beached live/dead, or floating marine would coordinate not only among its scientists, NOAA research vessel mammals that are encountered during staff and vessel captains but also with personnel, and other NMFS staff as field research activities. The PIFSC will those from other fisheries science appropriate to review data collection, follow a phased approach with regard to centers and institutions with similar marine mammal interactions, and refine the cessation of its activities and/or experience. data collection and mitigation protocols, reporting of such events, as described in PIFSC would also develop a as required. PIFSC will also coordinate the proposed regulatory texts following formalized marine mammal training with NMFS’ Office of Science and this preamble. In addition, Chief program required for all PIFSC research Technology to ensure training and Scientists (or vessel operators) will projects and for all crew members that guidance related to handling procedures provide reports to PIFSC leadership and may be posted on monitoring duty or and data collection is consistent with to the Office of Protected Resources handle incidentally caught marine other fishery science centers, where (OPR). As a result, when marine mammals. Training programs would be appropriate. mammals interact with survey gear, conducted on a regular basis and would whether killed or released alive, a report include topics such as monitoring and Handling Procedures and Data provided by the CS will fully describe sighting protocols, species Collection any observations of the animals, the identification, decision-making factors PIFSC must develop and implement context (vessel and conditions), for avoiding take, procedures for standardized marine mammal handling, decisions made and rationale for handling and documenting marine disentanglement, and data collection decisions made in vessel and gear mammals caught in research gear, and procedures. These standard procedures handling. The circumstances of these reporting requirements. PIFSC will work will be subject to approval by NMFS’s events are critical in enabling PIFSC and with the Pacific Islands commercial Office of Protected Resources (OPR). OPR to better evaluate the conditions fisheries Observer Program to customize Improved standardization of handling under which takes are most likely occur. a new marine mammal training program procedures were discussed previously We believe in the long term this will for researchers and ship crew. The in ‘‘Proposed Mitigation.’’ In addition to allow the avoidance of these types of Observer Program currently provides improving marine mammal survival events in the future. protected species training (and other post-release, PIFSC believes adopting The PIFSC will submit annual types of training) for NMFS-certified these protocols for data collection will summary reports to OPR including: observers placed on board commercial also increase the information on which (1) Annual line-kilometers surveyed fishing vessels. PIFSC Chief Scientists ‘‘serious injury’’ determinations (NMFS, during which the EK60, EM 300, and and appropriate members of PIFSC 2012a, 2012b) are based, improve ADCP Ocean Surveyor (or equivalent research crews will be trained using scientific knowledge about marine sources) were predominant (see similar monitoring, data collection, and mammals that interact with fisheries ‘‘Estimated Take by Acoustic reporting protocols for marine mammal research gear, and increase Harassment’’ for further discussion), as is required by the Observer Program. understanding of the factors that specific to each region; All PIFSC research crew members that (2) Summary information regarding contribute to these interactions. PIFSC may be assigned to monitor for the use of all longline and trawl gear, personnel will receive standard presence of marine mammals during including number of sets, tows, etc., guidance and training on handling future surveys will be required to attend specific to each research area and gear; an initial training course and refresher marine mammals, including how to (3) Accounts of surveys where marine courses annually or as necessary. The identify different species, bring an mammals were observed during implementation of this training program individual aboard a vessel, assess the sampling but no interactions occurred; would formalize and standardize the level of consciousness, remove fishing (4) Accounts of all incidents of marine information provided to all research gear, return an individual to the water, mammal interactions, including crew that might experience marine and record activities pertaining to the circumstances of the event and mammal interactions during research interaction. descriptions of any mitigation activities. PIFSC will record interaction procedures implemented or not For all PIFSC research projects and information on their own standardized implemented and why; vessels, written cruise instructions and forms. To aid in serious injury (5) Summary information related to protocols for avoiding adverse determinations and comply with the any disturbance of pinnipeds, including interactions with marine mammals will current NMFS Serious Injury event-specific total counts of animals be reviewed and, if found insufficient, Guidelines, researchers will also answer present, counts of reactions according to made fully consistent with the Observer a series of supplemental questions on the three-point scale shown in Table 14, Program training materials and any the details of marine mammal and distance of closest approach; guidance on decision-making that arises interactions. (6) A written description of any out of the two training opportunities Finally, for any marine mammals that mitigation research investigation efforts described above. In addition, are killed during fisheries research and findings (e.g., line modifications); informational placards and reporting activities, scientists will collect data and (7) A written evaluation of the procedures will be reviewed and samples pursuant to Appendix D of the effectiveness of PIFSC mitigation updated as necessary for consistency PIFSC Draft Environmental Assessment, strategies in reducing the number of and accuracy. All PIFSC research ‘‘Protected Species Mitigation and marine mammal interactions with

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survey gear, including best professional continuation of the specified activity is (iv) Description of avoidance judgment and suggestions for changes to subject to OPR concurrence. The report measures/requirements that were in the mitigation strategies, if any; and must include the following information: place at the time of the strike and what (8) Details on marine mammal-related (i) Time, date, and location (latitude/ additional measures were taken, if any, training taken by PIFSC and partner longitude) of the incident; to avoid strike; affiliates. (ii) Description of the incident (v) Estimated size and length of The period of reporting will be including, but not limited to, animal that was struck; and annually. The first annual report must monitoring prior to and occurring at (vi) Description of the behavior of the cover the period from the date of time of the incident; marine mammal immediately preceding issuance of the LOA through the end of (iii) Environmental conditions (e.g., and following the strike. that calendar year and the entire first wind speed and direction, Beaufort sea PIFSC will also collect and report all full calendar year of the authorization. state, cloud cover, visibility); necessary data, to the extent practicable Subsequent reports would cover only (iv) Description of all marine mammal given the primacy of human safety and one full calendar year. Each annual observations in the 24 hours preceding the well-being of captured or entangled report must be submitted not less than the incident; marine mammals, to facilitate serious ninety days following the end of a given (v) Species identification or injury (SI) determinations for marine year. PIFSC shall provide a final report description of the animal(s) involved; mammals that are released alive. PIFSC within thirty days following resolution (vi) Status of all sound source use in will require that the CS complete data of comments on the draft report. the 24 hours preceding the incident; forms and address supplemental Submission of this information serves (vii) Water depth; questions, both of which have been an adaptive management framework (viii) Fate of the animal(s) (e.g. dead, developed to aid in SI determinations. function by allowing NMFS to make injured but alive, injured and moving, PIFSC understands the critical need to appropriate modifications to mitigation blood or tissue observed in the water, provide as much relevant information as and/or monitoring strategies, as status unknown, disappeared, etc.); and possible about marine mammal necessary, during the proposed five-year (ix) Photographs or video footage of interactions to inform decisions period of validity for these regulations. the animal(s). regarding SI determinations. In NMFS has established a formal In the event that PIFSC discovers an addition, the PIFSC will perform all incidental take reporting system, the injured or dead marine mammal and necessary reporting to ensure that any Protected Species Incidental Take determines that the cause of the injury incidental M/SI is incorporated as (PSIT) database, requiring that or death is unknown and the death is appropriate into relevant SARs. incidental takes of protected species be relatively recent (e.g., in less than a Negligible Impact Analysis and reported within 48 hours of the moderate state of decomposition), PIFSC Determination occurrence. The PSIT generates shall immediately report the incident to automated messages to NMFS OPR and the NMFS Pacific Islands NMFS has defined negligible impact leadership and other relevant staff, Regional Office. The report must as an impact resulting from the alerting them to the event and to the fact include the information identified specified activity that cannot be that updated information describing the above. Activities may continue while reasonably expected to, and is not circumstances of the event has been OPR reviews the circumstances of the reasonably likely to, adversely affect the inputted to the database. The PSIT and incident. OPR will work with PIFSC to species or stock through effects on CS reports represent not only valuable determine whether additional annual rates of recruitment or survival real-time reporting and information mitigation measures or modifications to (50 CFR 216.103). A negligible impact dissemination tools but also serve as an the activities are appropriate. finding is based on the lack of likely archive of information that may be In the event that PIFSC discovers an adverse effects on annual rates of mined in the future to study why takes injured or dead marine mammal and recruitment or survival (i.e., population- occur by species, gear, region, etc. The determines that the injury or death is level effects). An estimate of the number PIFSC is required to report all takes of not associated with or related to PIFSC of takes alone is not enough information protected species, including marine fisheries research activities (e.g., on which to base an impact mammals, to this database within 48 previously wounded animal, carcass determination. In addition to hours of the occurrence and following with moderate to advanced considering estimates of the number of standard protocol. decomposition, scavenger damage), marine mammals that might be ‘‘taken’’ In the unanticipated event that PIFSC PIFSC shall report the incident to OPR by mortality, serious injury, and Level A fisheries research activities clearly cause and the Pacific Islands Regional Office, or Level B harassment, we consider the take of a marine mammal in a NMFS, within 24 hours of the other factors, such as the likely nature prohibited manner, PIFSC personnel discovery. PIFSC shall provide of any behavioral responses (e.g., engaged in the research activity shall photographs or video footage or other intensity, duration), the context of any immediately cease such activity until documentation of the stranded animal such responses (e.g., critical such time as an appropriate decision sighting to OPR. reproductive time or location, regarding activity continuation can be In the event of a ship strike of a migration), as well as effects on habitat, made by the PIFSC Director (or marine mammal by any PIFSC or and the likely effectiveness of designee). The incident must be partner vessel involved in the activities mitigation. We also assess the number, reported immediately to OPR and the covered by the authorization, PIFSC or intensity, and context of estimated takes NMFS Pacific Islands Regional Office. partner shall immediately report the by evaluating this information relative OPR will review the circumstances of information described above, as well as to population status. Consistent with the the prohibited take and work with the following additional information: 1989 preamble for NMFS’s PIFSC to determine what measures are (i) Vessel’s speed during and leading implementing regulations (54 FR 40338; necessary to minimize the likelihood of up to the incident; September 29, 1989), the impacts from further prohibited take and ensure (ii) Vessel’s course/heading and what other past and ongoing anthropogenic MMPA compliance. The immediate operations were being conducted; activities are incorporated into this decision made by PIFSC regarding (iii) Status of all sound sources in use; analysis via their impacts on the

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environmental baseline (e.g., as productivity of the population or the mammals by commercial fisheries to a reflected in the regulatory status of the species, keeping in mind the carrying level below the stock’s PBR. That is, species, population size and growth rate capacity of the habitat and the health of where the total annual human-caused where known, ongoing sources of the ecosystem of which they form a M/SI exceeds PBR, NMFS is not human-caused mortality, and specific constituent element.’’ An overarching required to halt fishing activities consideration of take by M/SI goal of the MMPA is to ensure that each contributing to total M/SI but rather previously authorized for other NMFS species or stock of marine mammal is utilizes the take reduction process to research activities). maintained at or returned to its OSP. further mitigate the effects of fishery PBR values are calculated by NMFS as Serious Injury and Mortality activities via additional bycatch the level of annual removal from a stock reduction measures. In other words, We note here that the takes from that will allow that stock to equilibrate under section 118 of the MMPA, PBR potential gear interactions enumerated within OSP at least 95 percent of the does not serve as a strict cap on the below could result in non-serious time, and is the product of factors operation of commercial fisheries that injury, but their worse potential relating to the minimum population may incidentally take marine mammals. outcome (mortality) is analyzed for the estimate of the stock (Nmin), the purposes of the negligible impact productivity rate of the stock at a small Similarly, to the extent PBR may be determination. population size, and a recovery factor. relevant when considering the impacts In addition, we discuss here the Determination of appropriate values for of incidental take from activities other connection, and differences, between these three elements incorporates than commercial fisheries, using it as the legal mechanisms for authorizing significant precaution, such that the sole reason to deny (or issue) incidental take under section 101(a)(5) application of the parameter to the incidental take authorization for those for activities such as those proposed by management of marine mammal stocks activities would be inconsistent with PIFSC, and for authorizing incidental may be reasonably certain to achieve the Congress’s intent under section take from commercial fisheries. In 1988, goals of the MMPA. For example, 101(a)(5), NMFS’ long-standing Congress amended the MMPA’s calculation of the minimum population regulatory definition of ‘‘negligible provisions for addressing incidental estimate (Nmin) incorporates the level of impact,’’ and the use of PBR under take of marine mammals in commercial precision and degree of variability section 118. The standard for fishing operations. Congress directed associated with abundance information, authorizing incidental take for activities NMFS to develop and recommend a while also providing reasonable other than commercial fisheries under new long-term regime to govern such assurance that the stock size is equal to section 101(a)(5) continues to be, among incidental taking (see MMC, 1994). The or greater than the estimate (Barlow et other things that are not related to PBR, need to develop a system suited to the al., 1995), typically by using the 20th whether the total taking will have a unique circumstances of commercial percentile of a log-normal distribution negligible impact on the species or fishing operations led NMFS to suggest of the population estimate. In general, stock. Nowhere does section a new conceptual means and associated the three factors are developed on a 101(a)(5)(A) reference use of PBR to regulatory framework. That concept, stock-specific basis in consideration of make the negligible impact finding or to PBR, and a system for developing plans one another in order to produce authorize incidental take through multi- containing regulatory and voluntary conservative PBR values that year regulations, nor does its companion measures to reduce incidental take for appropriately account for both provision at section 101(a)(5)(D) for fisheries that exceed PBR were imprecision that may be estimated, as authorizing non-lethal incidental take incorporated as sections 117 and 118 in well as potential bias stemming from the 1994 amendments to the MMPA. In under the same negligible-impact lack of knowledge (Wade, 1998). standard. NMFS’ MMPA implementing Conservation Council for Hawaii v. Congress called for PBR to be applied regulations state that take has a National Marine Fisheries Service, 97 F. within the management framework for negligible impact when it does not Supp. 3d 1210 (D. Haw. 2015), which commercial fishing incidental take ‘‘adversely affect the species or stock concerned a challenge to NMFS’ under section 118 of the MMPA. As a regulations and LOAs to the Navy for result, PBR cannot be applied through effects on annual rates of activities assessed in the 2013–2018 appropriately outside of the section 118 recruitment or survival’’—likewise HSTT MMPA rulemaking, the Court regulatory framework without without reference to PBR. When ruled that NMFS’ failure to consider consideration of how it applies within Congress amended the MMPA in 1994 PBR when evaluating lethal takes in the the section 118 framework, as well as to add section 118 for commercial negligible impact analysis under section how the other statutory management fishing, it did not alter the standards for 101(a)(5)(A) violated the requirement to frameworks in the MMPA differ from authorizing non-commercial fishing use the best available science. the framework in section 118. PBR was incidental take under section 101(a)(5), PBR is defined in section 3 of the not designed and is not used as an implicitly acknowledging that the MMPA as ‘‘the maximum number of absolute threshold limiting commercial negligible impact standard under animals, not including natural fisheries. Rather, it serves as a means to section 101(a)(5) is separate from the mortalities, that may be removed from a evaluate the relative impacts of those PBR metric under section 118. In fact, marine mammal stock while allowing activities on marine mammal stocks. in 1994 Congress also amended section that stock to reach or maintain its Even where commercial fishing is 101(a)(5)(E) (a separate provision optimum sustainable population’’ (OSP) causing M/SI at levels that exceed PBR, governing commercial fishing incidental and, although not controlling, can be the fishery is not suspended. When M/ take for species listed under the ESA) to one measure considered among other SI exceeds PBR in the commercial add compliance with the new section factors when evaluating the effects of M/ fishing context under section 118, 118 but retained the standard of the SI on a marine mammal species or stock NMFS may develop a take reduction negligible impact finding under section during the section 101(a)(5)(A) process. plan, usually with the assistance of a 101(a)(5)(A) (and section 101(a)(5)(D)), OSP is defined in section 3 of the take reduction team. The take reduction showing that Congress understood that MMPA as ‘‘the number of animals plan will include measures to reduce the determination of negligible impact which will result in the maximum and/or minimize the taking of marine and the application of PBR may share

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certain features but are, in fact, 1986 amendments to the MMPA (54 FR stock unless there are other factors that different. 40341, September 29, 1989), the could affect reproduction or survival, Since the introduction of PBR in Services consider many factors, when such as Level A and/or Level B 1994, NMFS had used the concept available, in making a negligible impact harassment, or other considerations almost entirely within the context of determination, including, but not such as information that illustrates implementing sections 117 and 118 and limited to, the status of the species or uncertainty involved in the calculation other commercial fisheries management- stock relative to OSP (if known); of PBR for some stocks. In a few prior related provisions of the MMPA. Prior whether the recruitment rate for the incidental take rulemakings, this to the Court’s ruling in Conservation species or stock is increasing, threshold was identified as the Council for Hawaii v. National Marine decreasing, stable, or unknown; the size ‘‘significance threshold,’’ but it is more Fisheries Service and consideration of and distribution of the population; and accurately labeled an insignificance PBR in a series of section 101(a)(5) existing impacts and environmental threshold, and so we use that rulemakings, there were a few examples conditions. In this multi-factor analysis, terminology here, as we did in the U.S. where PBR had informed agency PBR can be a useful indicator for when, Navy’s Atlantic Fleet Training and deliberations under other MMPA and to what extent, the agency should Testing (AFTT) final rule (83 FR 57076; sections and programs, such as playing take an especially close look at the November 14, 2018), and two-year rule a role in the issuance of a few scientific circumstances associated with the extension (84 FR 70712; December 23, research permits and subsistence potential mortality, along with any other 2019), as well as the U.S. Navy’s takings. But as the Court found when factors that could influence annual rates Hawaii-Southern California Training reviewing examples of past PBR of recruitment or survival. and Testing (HSTT) final rule (83 FR consideration in Georgia Aquarium v. When considering PBR during 66846; December 27, 2018) and two-year Pritzker, 135 F. Supp. 3d 1280 (N.D. Ga. evaluation of effects of M/SI under rule extension (85 FR 41780; July 10, 2015), where NMFS had considered section 101(a)(5)(A), we first calculate a 2020). Assuming that any additional PBR outside the commercial fisheries metric for each species or stock that incidental take by Level B harassment context, ‘‘it has treated PBR as only one incorporates information regarding from the activities in question would ‘quantitative tool’ and [has not used it] ongoing anthropogenic M/SI from all not combine with the effects of the as the sole basis for its impact sources into the PBR value (i.e., PBR authorized M/SI to exceed the negligible analyses.’’ Further, the agency’s minus the total annual anthropogenic impact level, the anticipated M/SI thoughts regarding the appropriate role mortality/serious injury estimate in the caused by the activities being evaluated of PBR in relation to MMPA programs SAR), which is called ‘‘residual PBR’’ would have a negligible impact on the outside the commercial fishing context (Wood et al., 2012). We first focus our species or stock. However, M/SI above have evolved since the agency’s early analysis on residual PBR because it the 10 percent insignificance threshold application of PBR to section 101(a)(5) incorporates anthropogenic mortality does not indicate that the M/SI decisions. Specifically, NMFS’ denial of occurring from other sources. If the associated with the specified activities a request for incidental take ongoing human-caused mortality from is approaching a level that would authorization for the U.S. Coast Guard other sources does not exceed PBR, then necessarily exceed negligible impact. in 1996 seemingly was based on the residual PBR is a positive number, and Rather, the 10 percent insignificance potential for lethal take in relation to we consider how the anticipated or threshold is meant only to identify PBR and did not appear to consider potential incidental M/SI from the instances where additional analysis of other factors that might also have activities being evaluated compares to the anticipated M/SI is not required informed the potential for ship strike in residual PBR using the framework in the because the negligible impact standard relation to negligible impact (61 FR following paragraph. If the ongoing clearly will not be exceeded on that 54157; October 17, 1996). anthropogenic mortality from other basis alone. The MMPA requires that PBR be sources already exceeds PBR, then estimated in SARs and that it be used residual PBR is a negative number and Where the anticipated M/SI is near, in applications related to the we consider the M/SI from the activities at, or above residual PBR, consideration management of take incidental to being evaluated as described further of other factors (positive or negative), commercial fisheries (i.e., the take below. including those outlined above, as well reduction planning process described in When ongoing total anthropogenic as mitigation is especially important to section 118 of the MMPA and the mortality from the applicant’s specified assessing whether the M/SI will have a determination of whether a stock is activities does not exceed PBR and negligible impact on the species or ‘‘strategic’’ as defined in section 3), but residual PBR is a positive number, as a stock. PBR is a conservative metric and nothing in the statute requires the simplifying analytical tool we first not sufficiently precise to serve as an application of PBR outside the consider whether the specified activities absolute predictor of population effects management of commercial fisheries could cause incidental M/SI that is less upon which mortality caps would interactions with marine mammals. than 10 percent of residual PBR (the appropriately be based. For example, in Nonetheless, NMFS recognizes that as a ‘‘insignificance threshold,’’ see below). some cases stock abundance (which is quantitative metric, PBR may be useful If so, we consider M/SI from the one of three key inputs into the PBR as a consideration when evaluating the specified activities to represent an calculation) is underestimated because impacts of other human-caused insignificant incremental increase in marine mammal survey data within the activities on marine mammal stocks. ongoing anthropogenic M/SI for the U.S. EEZ are used to calculate the Outside the commercial fishing context, marine mammal stock in question that abundance even when the stock range and in consideration of all known alone (i.e., in the absence of any other extends well beyond the U.S. EEZ. An human-caused mortality, PBR can help take) will not adversely affect annual underestimate of abundance could inform the potential effects of M/SI rates of recruitment and survival. As result in an underestimate of PBR. requested to be authorized under such, this amount of M/SI would not be Alternatively, we sometimes may not section 101(a)(5)(A). As noted by NMFS expected to affect rates of recruitment or have complete M/SI data beyond the and the U.S. Fish and Wildlife Service survival in a manner resulting in more U.S. EEZ to compare to PBR, which in our implementing regulations for the than a negligible impact on the affected could result in an overestimate of

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residual PBR. The accuracy and PBR are thought to accurately represent mortality, we begin our evaluation of certainty around the data that feed any factors such as the species’ or stock’s whether the potential incremental PBR calculation, such as the abundance abundance or productivity rate, it is still addition of M/SI through PIFSC estimates, must be carefully considered possible for incidental take to have a research activities may affect the to evaluate whether the calculated PBR negligible impact on the species or stock species’ or stock’s annual rates of accurately reflects the circumstances of even where M/SI exceeds residual PBR recruitment or survival. We also the particular stock. M/SI that exceeds or PBR. consider the interaction of those residual PBR or PBR may still As discussed above, while PBR is mortalities with incidental taking of that useful in informing the evaluation of the potentially be found to be negligible in species or stock by harassment pursuant light of other factors that offset concern, effects of M/SI in section 101(a)(5)(A) to the specified activity (see Harassment especially when robust mitigation and determinations, it is just one section below). adaptive management provisions are consideration to be assessed in included. combination with other factors and is We propose to authorize take by M/ In Conservation Council for Hawaii v. not determinative. For example, as SI over the five-year period of validity National Marine Fisheries Service, explained above, the accuracy and for these proposed regulations as which involved the challenge to NMFS’ certainty of the data used to calculate indicated in Table 16 below. For the issuance of LOAs to the Navy in 2013 PBR for the species or stock must be purposes of the negligible impact for activities in the HSTT Study Area, considered. And we reiterate the analysis, we assume that all takes from the Court reached a different considerations discussed above for why gear interaction could potentially be in conclusion, stating, ‘‘Because any it is not appropriate to consider PBR an the form of M/SI. mortality level that exceeds PBR will absolute cap in the application of this not allow the stock to reach or maintain guidance. Accordingly, we use PBR as a We previously authorized the take by its OSP, such a mortality level could not trigger for concern while also M/SI of marine mammals incidental to be said to have only a ‘negligible considering other relevant factors to fisheries research operations conducted impact’ on the stock.’’ As described provide a reasonable and appropriate by the SWFSC (see 80 FR 58981 and 80 above, the Court’s statement means of evaluating the effects of FR 68512), the NWFSC (see 83 FR 36370 fundamentally misunderstands the two potential mortality on rates of and 83 FR 47135), and the Alaska terms and incorrectly indicates that recruitment and survival, while Fisheries Science Center (AFSC) (see 84 these concepts (PBR and ‘‘negligible acknowledging that it is possible to FR 46788 and 84 FR 54893). However, impact’’) are directly connected, when exceed PBR (or exceed 10 percent of this take would not occur to the same in fact nowhere in the MMPA is it PBR in the case where other human- stocks for which we propose to indicated that these two terms are caused mortality is exceeding PBR but authorize take incidental to PIFSC equivalent. the specified activity being evaluated is fisheries research operations; therefore, Specifically, PBR was designed as a an incremental contributor, as described we do not consider M/SI takes from tool for evaluating mortality and is in the last paragraph) by some small other science center activities. The final defined as the number of animals that amount and still make a negligible rule for the U.S. Navy’s HSTT also can be removed while ‘‘allowing that impact determination under section authorized take of the Hawai1i stock of stock to reach or maintain its [OSP].’’ 101(a)(5)(A). sperm whales by M/SI. Therefore, that OSP describes a population that falls We note that on June 17, 2020, NMFS authorized take by the Navy has been within a range from the population level finalized new Criteria for Determining that is the largest supportable within the Negligible Impact under MMPA section considered in this assessment. As used ecosystem to the population level that 101(a)(5)(E). The guidance explicitly in this document, other ongoing sources results in maximum net productivity, notes the differences in the negligible of human-caused (anthropogenic) and thus is an aspirational management impact determinations required under mortality refers to estimates of realized goal of the overall statute with no section 101(a)(5)(E), as compared to or actual annual mortality reported in specific timeframe by which it should sections 101(a)(5)(A) and 101(a)(5)(D), the SARs and does not include be met. PBR is designed to ensure and specifies that the procedure in that authorized (but unrealized) or unknown minimal deviation from this overarching document is limited to how the agency mortality. Below, we consider the total goal, with the formula for PBR typically conducts negligible impact analyses for taking by M/SI proposed for ensuring that growth towards OSP is not commercial fisheries under section authorization for PIFSC to produce a reduced by more than 10 percent (or 101(a)(5)(E). In the proposed rule (and maximum annual M/SI take level equilibrates to OSP 95 percent of the above), NMFS has described its method (including take of unidentified marine time). Given that, as applied by NMFS, for considering PBR to evaluate the mammals that could accrue to any PBR certainly allows a stock to ‘‘reach effects of potential mortality in the relevant stock) and compare that value or maintain its [OSP]’’ in a conservative negligible impact analysis. NMFS has to the stock’s PBR value, considering and precautionary manner—and we can reviewed the 2020 guidance and ongoing sources of anthropogenic therefore clearly conclude that if PBR determined that our consideration of mortality (as described in footnote 4 of were not exceeded, there would not be PBR in the evaluation of mortality as Table 16 and in the following adverse effects on the affected species or described above and in the proposed discussion). PBR and annual M/SI stocks. Nonetheless, it is equally clear rule remains appropriate for use in the values considered in Table 16 reflect the that in some cases the time to reach this negligible impact analysis for the aspirational OSP level could be slowed PIFSC’s fisheries research activities most recent information available (i.e., by more than 10 percent (i.e., total under section 101(a)(5)(A). final 2019 SARs). In the Harassment human-caused mortality in excess of Our evaluation of the M/SI for each of section below, we consider the PBR could be allowed) without the species and stocks for which interaction of those mortalities with adversely affecting a species or stock mortality could occur follows. By incidental taking of that species or stock through effects on its rates of considering the maximum potential by harassment pursuant to the specified recruitment or survival. Thus even in incidental M/SI in relation to PBR and activity. situations where the inputs to calculate ongoing sources of anthropogenic

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3 , 2021–2026 M/SI) stock annual r-PBR (PBR- 0 0 0 0 0 0 UTHORIZATION M/SI A U.S. Navy ized take by HSTT author- 0 0 0 25 1.0 7.6 NJURY I M/SI Stock annual ERIOUS S 83 4.3 9.3 6.2 140 403 Stock PBR ORTALITY OR

0.6 0.4 0.4 0.2 0.2 0.6 M 12 total annual human-caused M/SI, which is presented in the SARs) (see Table 3). For some take i.e., Proposed (annual) PIFSC M/SI AKE BY T N/A 0.4 N/A N/A N/A N/A N/A N/A 0.4 0 723 N/A N/A N/A N/A N/A 0.4 0 665 1,540 1,021 0.4 449 1,021 0.4 0.09 0 449 0 2,105 0.2 10 0 2.00 0 10 1.53 13.06 0.14 13.9 0.7 4,559 0.2 NNUAL Stock A abundance ROPOSED PIFSC P lagic. ELATED TO R ...... Hawai 1 i Pelagic or unspecified 5 ...... All stocks except Hawai 1 i Pe- 4 ...... all stocks ...... 55,795 6 NFORMATION I ...... All stocks ...... 7 Species Stock UMMARY 17—S ABLE T spp. (Hawai 1 i stocks) ...... undetermined Hawai 1 i0 ...... N/A N/A 0 Unknown 0.2 As explained earlier in this document, gear interaction could result mortality, serious injury, or Level A harassment. Becau se we do not have sufficient information to enable us parse out these outcomes, This column represents the total number of incidents M/SI that could potentially accrue to specified species or stock as a result NMFS’s fisheries research activities and is carried forward for This value represents the calculated PBR less average annual estimate of ongoing anthropogenic mortalities ( PBR known for Kauai and Ni 1 ihau Hawaiian Islands stocks but a total multiple cannot be determined. PIFSC fisheries and ecosystem research would not occur within the ranges of other specified false killer whale stocks. ‘‘Unspecified stock’’ only occurs on the high seas. Stock abundance and PBR presented only for Hawai 1 i Pelagic stock, which is the stock with estimates of population PBR. Stock abundance and PBR presented only for Hawai 1 i Island stock, which is the stock with estimates of population PBR. Please see Table 5 and preceding text for details on estimated take by M/SI. 1 2 3 4 5 6 7 Blainville’s beaked whale (Hawai 1 i stock) ...... Cuvier’s Beaked whale (Hawai 1 i pelagic stock) Hawai 1 i ...... Bottlenose dolphin (Hawai 1 i pelagic stock) ...... Hawai 1 i Pelagic ...... Bottlenose dolphin (All stocks, except above) Hawai 1 i Pelagic ...... False killer whale (Hawai 1 i pelagic or unspecified) Humpback whale (Central North Pacific stock) ...... Kogia Central North Pacific 21,815 ...... Pantropical spotted dolphin (all stocks) Pygmy killer whale (Hawai 1 i stock ) ...... Risso’s dolphin (Hawai 1 i stock) Hawai 1 i ...... Rough-toothed dolphin (Hawai 1 i stock) Hawai 1 i ...... 10,103 ...... Rough-toothed dolphin (all stocks except above) Hawai 1 i ...... Short-finned pilot whale (Hawai 1 i stock) All stocks except Hawai 1 i ...... Sperm whale (Hawai 1 i stock ) Hawai 1 i ...... 10,640 0.2 0.36 56 1.1 ...... 54.9 Spinner dolphin (all stocks) Hawai 1 i 0 11,613 0.2 82 ...... 0.14 Striped dolphin (all stocks)420.9 0 423 2.1 ...... 72,528 0.6 0.24 0 0 82 All stocks0.19 ...... 105.1 106 0.9 19,503 0.2 0 6 present such take as a pool. For purposes of this negligible impact analysis we assume the worst case scenario (that all takes incidental to research activities result in mortality). evaluation in the negligible impact analysis (later this document). The proposed take authorization is formulated as a five- year total; annual average used only for purposes of analysis. We recognize that portions of an animal may not be taken in a given year. stocks, a minimum population abundance value (and therefore PBR) is unavailable. In these cases, the proportion of estimated abundance represented by the Level B harassment total and/or proportion of residual PBR represented by the estimated maximum annual M/SI cannot be calculated.

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The majority of stocks that may Stocks With M/SI Above the 12 percent of SARS-reported residual potentially be taken by M/SI (11 of 15) Insignificance Threshold and/or PBR (7.6 animals per year) would be fall below the insignificance threshold Undetermined PBR problematic for this species. Therefore, (i.e., 10 percent of residual PBR). The For false killer whales from the takes of false killer whales under this annual proposed take of false killer Hawai1i Pelagic stock, the annual LOA are not expected or likely to whales is slightly above the potential M/SI due to PIFSC fisheries adversely affect the species or stock insignificance threshold (11.76 percent research activities is approximately 12 through effects on annual rates of of the Hawai1i pelagic stock residual percent of residual PBR. PBR for the recruitment or survival. PBR). An additional three stocks do not Hawai1i Pelagic stock is currently set at PBR is unknown for the Hawai1i have current PBR values and therefore 9.3 and the annual average of known stocks of dwarf and pygmy sperm are evaluated using other factors which ongoing anthropogenic M/SI is 7.6, whales (Kogia spp.). A 2002 shipboard are discussed later. yielding a residual PBR value of 1.7. line-transect survey resulted in The annual average M/SI incidental to abundance estimates for Kogia species In this section, we first consider PIFSC research activity is 0.2, or 11.76 in the Hawaiian Islands EEZ (Barlow stocks for which the proposed percent of residual PBR. The only 2006); however, there were no on-effort authorized M/SI falls below the known source of other anthropogenic sightings of Kogia during the 2010 insignificance threshold. Next, we mortality for this species is in shipboard survey of the Hawaiian EEZ consider those stocks with proposed M/ commercial fisheries. The status of this (Bradford et al., 2013), such that there SI above the insignificance threshold transboundary stock of false killer is no current abundance estimates for (i.e., Hawai1i pelagic stock of false killer whales is assessed based on the these stocks (Caretta et al., 2014). No whales) and those without PBR values estimated abundance and estimates of interactions between nearshore fisheries or known annual M/SI (bottlenose mortality and serious injury within the and dwarf sperm whales have been dolphin (all stocks except Hawai1i U.S. EEZ of the Hawaiian Islands reported in Hawaiian waters. One Pelagic); Hawai1i stocks of Kogia because estimates of human-caused pygmy sperm whale was found species; and rough-toothed dolphin (all mortality and serious injury from all entangled in fishing gear off Oahu in stocks except Hawai1i)). U.S. and non-U.S. sources in high seas 1994 (Bradford & Lyman 2013), but the waters are not available, and because gear was not described and the fishery Stocks With M/SI Below the the geographic range of this stock not identified. No estimates of human- Insignificance Threshold beyond the Hawaiian Islands EEZ is caused mortality or serious injury are As noted above, for a species or stock poorly known. The False Killer Whale currently available for nearshore hook with incidental M/SI less than 10 Take Reduction Plan (FKWTRP) was and line fisheries because these fisheries finalized in 2012 to reduce the level of are not observed or monitored for percent of residual PBR, we consider mortality and serious injury of false protected species bycatch. There are M/SI from the specified activities to killer whales in Hawaii-based longline currently two distinct longline fisheries represent an insignificant incremental fisheries for tuna and billfish (77 FR based in Hawaii: A deep-set longline increase in ongoing anthropogenic M/SI 71260; November 29, 2012). For the 5- (DSLL) fishery that targets primarily that alone (i.e., in the absence of any yr period prior to the implementation of tunas, and a shallow-set longline fishery other take and barring any other the FKWTRP, the average rate of (SSLL) that targets swordfish. Both unusual circumstances) will clearly not mortality and serious injury to pelagic fisheries operate within U.S. waters and adversely affect annual rates of stock false killer whales within the on the high seas. Between 2007 and recruitment and survival. In this case, as Hawaiian Islands EEZ (13.6 animals per 2011, one pygmy or dwarf sperm whale shown in Table 16, the following year) exceeded the PBR (9.3 animals per was observed hooked in the SSLL species or stocks have proposed M/SI year). In most cases, the NMFS fishery (100 percent observer coverage) from PIFSC fisheries research below Guidelines for Assessing Marine (McCracken 2013; Bradford & Forney their insignificance threshold: Mammal Stocks (NMFS 2005) suggest 2013). Based on an evaluation of the Blainville’s beaked whale (Hawai1i pooling estimates of mortality and observer’s description of the interaction stock), Cuvier’s Beaked whale (Hawai1i serious injury across 5 years to reduce and following the most recently pelagic stock), bottlenose dolphin the effects of sampling variation. If there developed criteria for assessing serious (Hawai1i pelagic stock), humpback have been significant changes in fishery injury in marine mammals (NMFS whale (Central North Pacific stock), operation that are expected to affect take 2012), this animal was considered not pantropical spotted dolphin (all stocks), rates, such as the 2013 implementation seriously injured (Bradford & Forney pygmy killer whale (Hawai1i stock), of the FKWTRP, the guidelines 2013). No pygmy or dwarf sperm whales Risso’s dolphin (Hawai1i stock), rough- recommend using only the years since were observed hooked or entangled in toothed dolphin (Hawai1i stock), short- regulations were implemented. Using the DSLL fishery (20–22 percent finned pilot whale (Hawai1i stock), only bycatch information from 2013– observer coverage). Eight unidentified sperm whale (Hawai1i stock), spinner 2015, the estimated mortality and cetaceans were taken in the DSLL dolphin (all stocks), and striped dolphin serious injury of false killer whales fishery, and two unidentified cetaceans were taken in the SSLL fishery, some of (all stocks). within the HI EEZ (4.1) is below the PBR (9.3) (Caretta et al., 2018). Using the which may have been Kogia spp. There For these stocks with authorized M/SI average M/SI from 2013–2015 (i.e., the have been no reported fishery related below the insignificance threshold, years with available data after FKWTRP mortality or injuries within the there are no other known factors, established) to calculate residual PBR, Hawaiian Islands EEZ, such that the information, or unusual circumstances the annual average M/SI incidental to total mortality and serious injury can be that indicate anticipated M/SI below the PIFSC research activity (0.2 per year) is considered to be insignificant and insignificance threshold could have 3.85 percent of residual PBR, which approaching zero. Therefore, we expect adverse effects on annual rates of falls below the insignificance threshold. that the proposed take of Kogia spp. by recruitment or survival and they are not There are no other factors that would M/SI incidental to PIFSC research discussed further. lead us to believe that take by M/SI of activity (no more than one over five

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years or in any year, and average of 0.2 recreational fishing (Corkeron et al., likely abundance estimates in this per year) would be insignificant. 1990; Powell & Wells, 2011) or become unsurveyed region. Using density The Kauai/Ni1ihau, Oahu, 4-Islands, entangled in gear (Reynolds et al., 2000; estimates from other regions, NMFS has and Hawai1i Islands stocks of bottlenose Adimey et al., 2014). Male bias has also calculated a minimum abundance dolphins (Hawai1i Islands stock been reported for strandings with estimate (426–2,731 animals) and complex) were most recently assessed in evidence of fishery interaction (Stolen et resulting PBR (3.4 to 22 animals per the 2017 SARs (Caretta et al., 2018). PBR al., 2007; Fruet et al., 2012; Adimey et year) for the American Samoa stock of was calculated for the Kauai/Ni1ihau al., 2014) and for in situ observations of rough-toothed dolphins (Caretta et al., (1.0 bottlenose dolphins per year) and fishery interaction (Corkeron et al., 2011). Information on fishery-related Hawai1i Island (0.9 dolphins per year) 1990; Finn et al., 2008; Powell & Wells, mortality of cetaceans in American stocks, but was undetermined for the 2011). Therefore, we believe males Samoa is limited, but the gear types Oahu and 4-Islands stocks. Annual total (which are less likely to influence used in American Samoan fisheries are M/SI was unknown for all stocks. Prior recruitment rate) are more likely at risk responsible for marine mammal to the 2017 SARs, the most recent than females. Given reproduction is the mortality and serious injury in other assessment of the Hawai1i Islands stock primary means of recruitment and fisheries throughout U.S. waters. The complex was in 2013, where the PBR for females play a significantly larger role most recent information on average the Oahu and 4-Islands stocks were in their offspring’s reproductive success incidental M/SI of rough-toothed calculated as 4.9 and 1.6 dolphins per (also known as Bateman’s Principle), the dolphins in American Samoa is from year, respectively (Caretta et al., 2014). mortality of females rather than males longline fisheries observed from 2006 to The total estimated M/SI for bottlenose is, in general, more likely to influence 2008 (Caretta et al., 2011). During that dolphins within the U.S. EEZ around recruitment rate. PIFSC has requested, time period, the average annual take of the Hawaiian Islands is 0 animals per and NMFS is proposing to authorize, rough-toothed dolphins M/SI in year. Using the estimated zero annual two takes of bottlenose dolphins by American Samoa was 3.6 per year. That stock M/SI, the residual PBR for each M/SI from any stock over the course of average exceeds the lowest estimated stock is equal to the most recently five years. The average 5-yr estimates of PBR for the American Samoa stock of annual mortality and serious injury for rough-toothed dolphins, but the calculated PBR for each stock, from the bottlenose dolphins in the Hawaiian potential average annual take of rough- 2017 and 2013 SARs (1.0 animals per Islands EEZ is zero, the stocks are not toothed dolphins by M/SI incidental to year for the Kauai/Ni1ihau stock, 4.9 for facing heavy anthropogenic pressure, instrument deployment (0.2 per year) is the Oahu stock, 1.6 for the 4-Islands and there are no identified continuous well below the insignificance threshold stock, and 0.9 for the Hawai1i Island indirect stressors threatening the stock. using the highest estimated PBR. In fact, stock). PIFSC cannot predict which While we cannot determine from which if the 2006–2008 average fishery-related specific stock of bottlenose dolphins stock(s) the potential take by M/SI may take by M/SI is still accurate, the may be taken by M/SI. Assuming the occur, we do not expect that take by proposed average annual take by M/SI proposed annual average take by M/SI M/SI of up to two bottlenose dolphins incidental to instrument deployment incidental to PIFSC fisheries research by M/SI over five years from any of the falls below the insignificance threshold activities (0.4 per year) occurs within identified or undefined stocks in the if the actual PBR is as low as six animals each stock, the take is above the PIFSC research areas would adversely per year. Absent any new information insignificance threshold (i.e., 10 percent affect annual rates of recruitment or on annual fishery-related M/SI or PBR, of residual PBR) for all stocks except the survival for these populations. NMFS does not expect that 0.2 takes per Oahu stock. We consider qualitative PIFSC has requested take of rough- year of the American Samoa stock of information such as population toothed dolphins by M/SI from the rough-toothed dolphins by M/SI would dynamics and context to determine if Hawai1i stock (0.6 per year) and from all be problematic for the stock. If all 0.4 the proposed amount of bottlenose stocks other than the Hawai1i stock (0.4 PIFSC proposed takes by M/SI per year dolphin takes from these stocks would per year). The proposed take by M/SI for (0.2 from longline fisheries research and have a negligible impact on annual rates the Hawai1i stock of rough-toothed 0.2 from instrument deployment) were of survival and recruitment. Marine dolphins falls below the insignificance to occur to an undescribed stock of mammals are K-selected species, threshold. For rough-toothed dolphins rough-toothed dolphins, due to their meaning they have few offspring, long from all stocks except the Hawai1i stock, extensive range throughout tropical and gestation and parental care periods, and PIFSC has requested an average of 0.2 warm-temperate waters, NMFS also reach sexual maturity later in life. takes by M/SI per year from longline does not expect that such a small Therefore, between years, reproduction fisheries research and 0.2 takes by M/SI number of takes by M/SI would be rates vary based on age and sex class per year from instrument deployments. problematic for populations of rough- ratios. As such, population dynamics is The only other defined stock of rough- toothed dolphins in the Pacific Ocean. a driver when looking at reproduction toothed dolphins in the PIFSC is the Therefore, takes of rough-toothed rates. We focus on reproduction here American Samoa stock. However, PIFSC dolphins under this LOA are not because we conservatively consider will not be conducting longline fisheries expected or likely to adversely affect the inter-stock reproduction is the primary research in the ASARA, therefore no species or stock through effects on means of recruitment for these stocks. take of rough-toothed dolphins from the annual rates of recruitment or survival. Recent photo-identification and genetic American Samoa stock by M/SI studies off Oahu, Maui, Lanai, Kauai, incidental to longline fisheries research Harassment Niihau, and Hawaii suggest limited is expected or proposed to be As described in greater depth movement of bottlenose dolphins authorized. previously (see ‘‘Acoustic Effects’’), we between islands and offshore waters No abundance estimates are currently do not believe that PIFSC use of active (Baird et al., 2009; Martien et al., 2012). available for rough-toothed dolphins in acoustic sources has the likely potential Several studies have purported that U.S. EEZ waters of American Samoa. to cause any effect exceeding Level B male bottlenose dolphins are more However, density estimates for rough- harassment of marine mammals. We likely to engage in depredation or toothed dolphins in other tropical have produced what we believe to be related behaviors with trawls and Pacific regions can provide a range of precautionary estimates of potential

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incidents of Level B harassment. There lack of information. The sources authorization. We also produced is a general lack of information related considered here have moderate to high estimates of incidents of potential Level to the specific way that these acoustic output frequencies, generally short ping B harassment due to disturbance of signals, which are generally highly durations, and are typically focused hauled-out Hawaiian monk seals that directional and transient, interact with (highly directional with narrower may result from the physical presence of the physical environment and to a beamwidths) to serve their intended researchers; these estimates are meaningful understanding of marine purpose of mapping specific objects, combined with the estimates of Level B mammal perception of these signals and depths, or environmental features. In harassment that may result from use of occurrence in the areas where PIFSC addition, some of these sources can be active acoustic devices. The estimated operates. The procedure for producing operated in different output modes (e.g., take by Level B harassment in each these estimates, described in detail in energy can be distributed among research area is calculated using the ‘‘Estimated Take Due to Acoustic multiple output beams) that may lessen total proposed research effort over the Harassment,’’ represents NMFS’s best the likelihood of perception by and course of five years. In order to assess effort towards balancing the need to potential impacts on marine mammals the proposed take on an annual basis, quantify the potential for occurrence of in comparison with the quantitative the total estimated take has been Level B harassment with this general estimates that guide our proposed take divided by five.

TABLE 18—TOTAL PROPOSED TAKE BY LEVEL B HARASSMENT IN THE HARA

Stock HARA Level B HARA Level B Annual Species Stock abundance 5-year take average percent of annual take a stock

Blainville’s beaked whale ...... Hawai1i ...... 2,105 208 42 2.0 Bottlenose dolphin ...... Hawai1i Pelagic ...... 21,815 189 38 0.2 Kauai and Ni1ihau ...... 184 20.5 Oahu b ...... 743 5.1 4-Island Region b ...... 191 19.8 Hawai1i Island ...... 128 29.5 Cuvier’s beaked whale ...... Hawai1i ...... 723 73 15 2.0 Dwarf sperm whale ...... Hawai1i ...... Unknown 1,730 346 N/A False killer whale ...... Hawai1i Insular ...... 167 218 44 26.1 Northwestern Hawaiian 617 339 68 11.0 Islands. Hawai1i pelagic ...... 1,540 145 29 1.9 Fraser’s dolphin ...... Hawai1i ...... 51,491 442 88 0.2 Hawaiian monk seal ...... Hawai1i ...... 1,351 c 979 d 468 34.6 Killer whale ...... Hawai1i ...... 146 6 1 4.1 Longman’s beaked whale ...... Hawai1i ...... 7,619 753 151 2.0 Melon-headed whale ...... Hawai1i ...... 8,666 74 15 0.2 Kohala ...... 447 30 6 1.3 Pantropical spotted dolphin ...... Hawai1i pelagic ...... 55,795 490 98 0.2 Oahu ...... Unknown N/A 4-Island Region ...... Unknown N/A Hawai1i Island ...... Unknown N/A Pygmy killer whale ...... Hawai1i ...... 10,640 91 18 0.2 Pygmy sperm whale ...... Hawai1i ...... Unknown 705 141 N/A Risso’s dolphin ...... Hawai1i ...... 11,613 1,148 230 2.0 Rough-toothed dolphin ...... Hawai1i ...... 72,528 623 125 0.2 Short-finned pilot whale ...... Hawai1i ...... 19,503 1,931 386 2.0 Sperm whale ...... Hawai1i ...... 4,559 451 90 2.0 Spinner dolphin ...... Hawai1i pelagic ...... Unknown 210 42 N/A Kauai and Ni1ihau ...... 601 7.0 Oahu/4-Island Region .. 355 11.8 Hawai1i Island ...... 665 6.3 Kure and Midway Atoll b 260 16.2 Pearl and Hermes Reef Unknown N/A Striped dolphin ...... Hawai1i pelagic ...... 61,021 525 105 0.2 Unidentified beaked whale ...... N/A ...... N/A 283 57 N/A Unidentified Mesoplodon ...... N/A ...... N/A 458 92 N/A a Annual take by Level B harassment is calculated by dividing the five-year total estimated take by five, rounded to nearest whole number b Abundance estimates for these stocks are not considered current. We nevertheless present the most recent abundance estimates, as these represent the best available information for use in this document. c 79 takes incidental to use of acoustic sources, 900 takes incidental to disturbance from human presence. d 15.8 takes incidental to use of acoustic sources, 450 takes incidental to disturbance from human presence (maximum potential annual take from physical disturbance).

With the exception of the American to stocks, and no current abundance stocks, the proposed take in these three Samoa stocks of spinner dolphins, estimates are available for these stocks research areas is grouped in Table 18 by rough-toothed dolphins, and false killer or populations. Therefore, rather than species. whales, marine mammals in the MARA, presenting the proposed takes by Level ASARA, and WCPRA are not assigned B harassment as proportions of relevant

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TABLE 19—TOTAL PROPOSED TAKE BY LEVEL B HARASSMENT IN THE MARA, ASARA, AND WCPRA

MARA MARA ASARA ASARA WCPRA WCPRA All areas All areas Species 5-year take Annual take 5-year take Annual take 5-year take Annual take 5-year total annual take take a

Blainville’s beaked whale 123 25 0 0 91 18 214 43 Bottlenose dolphin ...... 6 1 82 16 85 17 173 35 Cuvier’s beaked whale ..... 43 9 31 6 32 6 106 21 Deraniyagala’s beaked whale ...... 0 0 0 0 32 6 32 6 Dwarf sperm whale ...... 1,020 204 749 150 754 151 2,523 505 False killer whale ...... 159 32 b 10 b 2 107 21 276 55 Fraser’s dolphin ...... 283 57 0 0 283 57 451 90 Hawaiian monk seal ...... 0 0 0 0 0 0 0 0 Killer whale ...... 4 1 4 1 4 1 12 3 Longman’s beaked whale 0 0 0 0 328 66 328 66 Melon-headed whale ...... 73 15 0 0 73 15 146 29 Pantropical spotted dolphin ...... 271 54 214 43 221 44 706 141 Pygmy killer whale ...... 7 1 0 0 41 8 48 10 Pygmy sperm whale ...... 416 83 0 0 307 61 723 145 Risso’s dolphin ...... 30 6 0 0 500 100 530 106 Rough-toothed dolphin ..... 38 8 b 272 b 54 281 56 591 118 Short-finned pilot whale ... 227 45 836 167 841 168 1,904 381 Sperm whale ...... 175 35 195 39 197 39 567 113 Spinner dolphin ...... 120 24 b 44 b 9 105 21 269 54 Striped dolphin ...... 74 15 0 0 237 47 311 62 Unidentified beaked whale 167 33 123 25 123 25 413 83 Unidentified Mesoplodon 0 0 0 0 0 0 0 0 a Annual take by Level B harassment is calculated by dividing the five-year total estimated take by five, rounded to nearest whole number. b American Samoa stock; stock abundance unknown.

The acoustic sources proposed to be unlikely. The short term, minor the PIFSC activity cannot be reasonably used by PIFSC are generally of low behavioral responses that may occur expected to, and is not reasonably likely source level, higher frequency, and incidental to PIFSC use of acoustic to, adversely affect species or stocks narrow beamwidth. As described sources, are not expected to result in through effects on annual rates of previously, there is some minimal impacts the reproduction or survival of recruitment or survival. potential for temporary effects to any individuals, much less have an For these reasons, we do not consider hearing for certain marine mammals, adverse impact on the population. the proposed level of take by acoustic or but most effects would likely be limited Similarly, disturbance of hauled-out visual disturbance to represent a to temporary behavioral disturbance. Hawaiian monk seals by researchers significant additional population Effects on individuals that are taken by (expected in the HARA) are expected to stressor when considered in context Level B harassment will likely be be infrequent and cause only a with the proposed level of take by M/ limited to reactions such as increased temporary disturbance on the order of SI for any species, including those for swimming speeds, increased surfacing minutes. Monitoring results from other which no abundance estimate is time, or decreased foraging (if such activities involving the disturbance of available. activity were occurring), reactions that pinnipeds and relevant studies of Conclusions are considered to be of low severity pinniped populations that experience (e.g., Ellison et al., 2012). Individuals more regular vessel disturbance indicate In summary, as described in the may move away from the source if that individually significant or Serious Injury and Mortality section, the disturbed; however, because the source population level impacts are unlikely to proposed takes by serious injury or is itself moving and because of the occur. PIFSC’s nearshore surveys that mortality from PIFSC activities, alone, directional nature of the sources may result in disturbance to Hawaiian are unlikely to adversely affect any considered here, there is unlikely to be monk seals are conducted infrequently, species or stock through effects on even temporary displacement from areas with each individual island visited at annual rates of recruitment or survival. of significance and any disturbance most once per year. While there is some Further, the low severity and magnitude would be of short duration. The areas slight possibility of an individual of expected Level B harassment is not ensonified above the Level B Hawaiian monk seal moving between predicted to affect the reproduction or harassment threshold during PIFSC islands and being exposed to visual survival of any individual marine surveys are extremely small relative to disturbance from multiple PIFSC mammals, much less the rates of the overall survey areas. Although there surveys over the course of the year, it is recruitment or survival of any species or is no information on which to base any unlikely that an individual seal would stock. Therefore, the authorized Level B distinction between incidents of be harassed more than once per year. harassment, alone or in combination harassment and individuals harassed, When considering the individual with the SI/M authorized for some the same factors, in conjunction with animals likely affected by this species or stocks, will result in a the fact that PIFSC survey effort is disturbance, only a small fraction of the negligible impact on the effected stocks widely dispersed in space and time, estimated population abundance of the and species. indicate that repeated exposures of the affected stocks would be expected to Based on the analysis contained same individuals would be very experience the disturbance. Therefore, herein of the likely effects of the

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specified activity on marine mammals taken relative to the population size of consultation with NMFS’s Pacific and their habitat, and taking into the affected species or stocks. Islands Regional Office under section 7 consideration the implementation of the of the ESA on the promulgation of five- Unmitigable Adverse Impact Analysis proposed monitoring and mitigation year regulations and the subsequent and Determination measures, we preliminarily find that the issuance of a 5-year LOA to PIFSC total marine mammal take from the There are no relevant subsistence uses under section 101(a)(5)(A) of the proposed activities will have a of the affected marine mammal stocks or MMPA. This consultation will be negligible impact on the affected marine species implicated by the issuance of concluded prior to issuing any final mammal species or stocks. regulations to the PIFSC. Therefore, rule. NMFS has determined that the total Small Numbers taking of affected species or stocks Request for Information As noted above, only small numbers would not have an unmitigable adverse NMFS requests interested persons to of incidental take may be authorized impact on the availability of such submit comments, information, and under Section 101(a)(5)(A) of the MMPA species or stocks for taking for suggestions concerning the PIFSC for specified activities. The MMPA does subsistence purposes. not define a threshold under which the request and the proposed regulations authorized number of takes would be Adaptive Management (see ADDRESSES). All comments will be considered ‘‘small’’ and so, in practice, The regulations governing the take of reviewed and evaluated as we prepare where estimated numbers are available, marine mammals incidental to PIFSC final rules and make final NMFS compares the number of fisheries research survey operations determinations on whether to issue the individuals taken to the most would contain an adaptive management requested authorizations. This appropriate estimation of abundance of component. The inclusion of an document and referenced documents the relevant species or stock in our adaptive management component will provide all environmental information determination of whether an be both valuable and necessary within relating to our proposed action for authorization is limited to small the context of five-year regulations for public review. numbers of marine mammals. activities that have been associated with Classification Additionally, other qualitative factors marine mammal mortality. may be considered in the analysis, such The reporting requirements associated The Office of Management and Budget as the temporal or spatial scale of the with this proposed rule are designed to has determined that this proposed rule activities. provide OPR with monitoring data from is not significant for purposes of Please see Tables 17 through 19 for the previous year to allow consideration Executive Order 12866. information relating to this small of whether any changes are appropriate. Pursuant to section 605(b) of the numbers analysis. The total amount of OPR and the PIFSC will meet annually Regulatory Flexibility Act (RFA), the taking proposed for authorization is less to discuss the monitoring reports and Chief Counsel for Regulation of the than five percent for a majority of current science and whether mitigation Department of Commerce has certified stocks, and the total amount of taking or monitoring modifications are to the Chief Counsel for Advocacy of the proposed for authorization is less than appropriate. The use of adaptive Small Business Administration that this one-third of the stock abundance for all management allows OPR to consider proposed rule, if adopted, would not defined stocks. new information from different sources Species without defined stocks have a significant economic impact on to determine (with input from the PIFSC a substantial number of small entities. typically range across very large areas regarding practicability) on an annual or and it is unlikely that PIFSC’s proposed NMFS is the sole entity that would be biennial basis if mitigation or responsible for adhering to the activities, with their small impact areas, monitoring measures should be would encounter, much less take more requirements in these proposed modified (including additions or regulations, and NMFS is not a small than one third of the stock. For species deletions). Mitigation measures could be with defined stocks but no abundance governmental jurisdiction, small modified if new data suggests that such organization, or small business, as estimates available (American Samoa modifications would have a reasonable stocks of false killer whale, rough- defined by the RFA. Because of this likelihood of reducing adverse effects to certification, a regulatory flexibility toothed dolphin, and spinner dolphin), marine mammals and if the measures we note that the anticipated number of analysis is not required and none has are practicable. been prepared. incidents of take by Level B harassment The following are some of the are very low for each species (i.e., 2–54 possible sources of applicable data to be This proposed rule does not contain takes by Level B harassment per year). considered through the adaptive a collection-of-information requirement While abundance information is not management process: (1) Results from subject to the provisions of the available for these stocks, we do not monitoring reports, as required by Paperwork Reduction Act (PRA) expect that the proposed annual take by MMPA authorizations; (2) results from because the applicant is a Federal Level B harassment would represent general marine mammal research and agency. Notwithstanding any other more than one third of any population sound research; and (3) any information provision of law, no person is required to be taken and therefore the total which reveals that marine mammals to respond to nor shall a person be amount of proposed taking would be may have been taken in a manner, subject to a penalty for failure to comply considered small relative to the overall extent, or number not authorized by with a collection of information subject population size. these regulations or subsequent LOAs. to the requirements of the PRA unless Based on the analysis contained that collection of information displays a herein of the proposed activity Endangered Species Act (ESA) currently valid OMB control number. (including the proposed mitigation and There are multiple marine mammal These requirements have been approved monitoring measures) and the species listed under the ESA with by OMB under control number 0648– anticipated take of marine mammals, confirmed or possible occurrence in the 0151 and include applications for NMFS preliminarily finds that small proposed specified geographical regions regulations, subsequent LOAs, and numbers of marine mammals will be (see Table 3). OPR has initiated reports.

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List of Subjects in 50 CFR Part 219 through [DATE 5 YEARS AFTER (OMAO) or other relevant parties on Exports, Fish, Imports, Indians, EFFECTIVE DATE OF FINAL RULE]. non-NOAA platforms to ensure that all Labeling, Marine mammals, Penalties, mitigation measures and monitoring § 219.63 Permissible methods of taking. requirements described herein, as well Reporting and recordkeeping Under LOAs issued pursuant to requirements, Seafood, Transportation. as the specific manner of §§ 216.106 of this chapter and 219.67, implementation and relevant event- Dated: March 8, 2021. the Holder of the LOA (hereinafter contingent decision-making processes, Samuel D. Rauch III, ‘‘PIFSC’’) may incidentally, but not are clearly understood and agreed upon. Deputy Assistant Administrator for intentionally, take marine mammals Although the discussion throughout Regulatory Programs, National Marine within the area described in § 219.61(b) these regulations does not always Fisheries Service. in the following ways, provided PIFSC explicitly reference those with decision For reasons set forth in the preamble, is in compliance with all terms, making authority from cooperative 50 CFR part 219 is proposed to be conditions, and requirements of the platforms, all mitigation measures apply amended as follows: regulations in this subpart and the with equal force to non-NOAA vessels appropriate LOA: and personnel as they do to NOAA PART 219—REGULATIONS (a) By Level B harassment associated vessels and personnel. GOVERNING THE TAKING AND with physical or visual disturbance of (2) PIFSC shall coordinate and IMPORTING OF MARINE MAMMALS hauled-out pinnipeds; conduct briefings at the outset of each (b) By Level B harassment associated survey and as necessary between ship’s ■ 1. The authority citation for part 219 with use of active acoustic systems; and crew (Commanding Officer or continues to read as follows: (c) By Level A harassment, serious designee(s), as appropriate) and Authority: 16 U.S.C. 1361 et seq. injury, or mortality provided the take is scientific party in order to explain ■ 2. Add subpart G to part 219 to read associated with the use of longline gear, responsibilities, communication as follows: trawl gear, or deployed instruments and procedures, marine mammal monitoring traps. protocol, and operational procedures. Subpart G—Taking Marine Mammals (3) PIFSC shall coordinate as Incidental to Pacific Islands Fisheries § 219.64 Prohibitions. Science Center Fisheries Research necessary on a daily basis during survey Notwithstanding takings cruises with OMAO personnel or other Sec. contemplated in § 219.61 and relevant personnel on non-NOAA 219.61 Specified activity and specified authorized by a LOA issued under platforms to ensure that requirements, geographical region. § 216.106 of this chapter and § 219.67, 219.62 Effective dates. procedures, and decision-making 219.63 Permissible methods of taking. no person in connection with the processes are understood and properly 219.64 Prohibitions. activities described in § 219.61 may: implemented. 219.65 Mitigation requirements. (a) Violate, or fail to comply with, the (4) When deploying any type of 219.66 Requirements for monitoring and terms, conditions, and requirements of sampling gear at sea, PIFSC shall at all reporting. this subpart or a LOA issued under times monitor for any unusual 219.67 Letters of Authorization. § 216.106 of this chapter and § 219.67; circumstances that may arise at a 219.68 Renewals and modifications of (b) Take any marine mammal species sampling site and use best professional Letters of Authorization. or stock not specified in such LOA; judgment to avoid any potential risks to 219.69–219.70 [Reserved] (c) Take any marine mammal in any marine mammals during use of all Subpart G—Taking Marine Mammals manner other than as specified in the research equipment. Incidental to Pacific Islands Fisheries LOA; (5) PIFSC shall implement handling Science Center Fisheries Research (d) Take a marine mammal specified and/or disentanglement protocols as in such LOA if NMFS determines such specified in the guidance that shall be § 219.61 Specified activity and specified taking results in more than a negligible provided to PIFSC survey personnel. geographical region. impact on the species or stocks of such (b) Vessel strike avoidance. (1) PIFSC (a) Regulations in this subpart apply marine mammal; or must maintain a 100-meter (m) only to the National Marine Fisheries (e) Take a marine mammal specified separation distance between research Service’s (NMFS) Pacific Islands in such LOA if NMFS determines such vessels and large whales at all times. At Fisheries Science Center (PIFSC) and taking results in an unmitigable adverse any time during a survey or transit, if a those persons it authorizes or funds to impact on the species or stock of such crew member or designated marine conduct activities on its behalf for the marine mammal for taking for mammal observer standing watch sights taking of marine mammals that occurs subsistence uses. marine mammals that may intersect in the areas outlined in paragraph (b) of with the vessel course that individual § 219.65 Mitigation requirements. this section and that occurs incidental must immediately communicate the to research survey program operations. When conducting the activities presence of marine mammals to the (b) The taking of marine mammals by identified in § 219.61(a), the mitigation bridge for appropriate course alteration PIFSC may be authorized in a Letter of measures contained in any LOA issued or speed reduction, as possible, to avoid Authorization (LOA) only if it occurs under § 216.106 of this chapter and incidental collisions. during fishery research within the § 219.67 must be implemented. These (2) PIFSC must reduce vessel speed to Hawaiian Archipelago, Mariana mitigation measures shall include but 10 knots (kt) or less when piloting Archipelago, American Samoa are not limited to: vessels within 1 kilometer (km; as Archipelago, and Western and Central (a) General conditions. (1) PIFSC shall visibility permits) of marine mammals. Pacific Ocean. take all necessary measures to (c) Trawl survey protocols. (1) PIFSC coordinate and communicate in advance shall conduct trawl operations as soon § 219.62 Effective dates. of each specific survey with the as is practicable upon arrival at the Regulations in this subpart are National Oceanic and Atmospheric sampling station. effective from [30 DAYS AFTER Administration’s (NOAA) Office of (2) PIFSC shall initiate marine PUBLICATION DATE OF FINAL RULE] Marine and Aviation Operations mammal watches (visual observation) at

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least 30 minutes prior to beginning of when the animals are believed to have retrieve gear immediately if marine net deployment, but shall also conduct departed the area. PIFSC may use best mammals are believed to be captured/ monitoring during any pre-set activities professional judgment in making this entangled in a net, line, or associated including trackline reconnaissance, CTD determination. gear and follow disentanglement casts, and plankton or bongo net hauls. (6) PIFSC shall implement standard protocols. Marine mammal watches shall be survey protocols to minimize potential (4) PIFSC shall maintain visual conducted by scanning the surrounding for marine mammal interactions, monitoring effort during the entire waters with the naked eye and including maximum tow durations at period of gear deployment and retrieval. rangefinding binoculars (or monocular). target depth and maximum tow If marine mammals are sighted before During nighttime operations, visual distance, and shall carefully empty the the gear is fully deployed or retrieved, observation shall be conducted using trawl as quickly as possible upon PIFSC shall take the most appropriate the naked eye and available vessel retrieval. action to avoid marine mammal lighting. (7) Dead fish and bait shall not be interaction. PIFSC may use best (3) PIFSC shall implement the move- discarded from the vessel while actively professional judgment in making this on rule mitigation protocol, as described fishing. Dead fish and bait shall be decision. in this paragraph. If one or more marine discarded after gear is retrieved and (5) If deployment or retrieval mammals are observed within 500 immediately before the vessel leaves the operations have been suspended meters (m) of the planned location in sampling location for a new area. because of the presence of marine the 10 minutes before setting the trawl (d) Longline survey protocols. (1) mammals, PIFSC may resume such gear, and are considered at risk of PIFSC shall deploy longline gear as soon operations when practicable only when interacting with the vessel or research as is practicable upon arrival at the the animals are believed to have gear, or appear to be approaching the sampling station. departed the area. PIFSC may use best vessel and are considered at risk of (2) PIFSC shall initiate marine professional judgment in making this interaction, NWFSC shall either remain mammal watches (visual observation) decision. onsite or move on to another sampling no less than 30 minutes (or for the (6) When conducting longline location. If remaining onsite, the set duration of transit between set research in Hawai1i, American Samoa, shall be delayed. If the animals depart locations, if shorter than 30 minutes) Guam, the Commonwealth of the or appear to no longer be at risk of prior to both deployment and retrieval Northern Marianas, or EEZs of the interacting with the vessel or gear, a of longline gear. Marine mammal Pacific Insular Areas, PIFSC shall further 10 minute observation period watches shall be conducted by scanning adhere to the requirements on shall be conducted. If no further the surrounding waters with the naked commercial longline gear as specified in observations are made or the animals eye and rangefinding binoculars (or 50 CFR parts 229, 300, 404, 600, and still do not appear to be at risk of monocular). During nighttime 665, and shall adhere to the following interaction, then the set may be made. operations, visual observation shall be procedures when setting and retrieving If the vessel is moved to a different conducted using the naked eye and longline gear: section of the sampling area, the move- available vessel lighting. (i) When shallow-setting anywhere on rule mitigation protocol would begin (3) PIFSC shall implement the move- and setting longline gear from the stern, anew. If, after moving on, marine on rule mitigation protocol, as described completely thawed and blue-dyed bait mammals remain at risk of interaction, in this paragraph. If one or more marine shall be used (two one-pound containers the PIFSC shall move again or skip the mammals are observed in the vicinity of of blue-dye shall be kept on the boat for station. Marine mammals that are the planned location before gear backup). Fish parts and spent bait with sighted further than 500 m from the deployment, and are considered at risk all hooks removed shall be kept for vessel shall be monitored to determine of interacting with the vessel or research strategic offal discard. Retained their position and movement in relation gear, or appear to be approaching the swordfish shall be cut in half at the to the vessel to determine whether the vessel and are considered at risk of head; used heads and livers shall also be move-on rule mitigation protocol should interaction, PIFSC shall either remain used for strategic offal discard. Setting be implemented. PIFSC may use best onsite or move on to another sampling shall only occur at night and begin 1 professional judgment in making these location. If remaining onsite, the set hour after local sunset and finish 1 hour decisions. shall be delayed. If the animals depart before next sunrise, with lighting kept to (4) PIFSC shall maintain visual or appear to no longer be at risk of a minimum. monitoring effort during the entire interacting with the vessel or gear, a (ii) When deep-setting north of 23° N period of time that trawl gear is in the further observation period shall be and setting longline gear from the stern, water (i.e., throughout gear deployment, conducted. If no further observations are 45 gram (g) or heavier weights shall be fishing, and retrieval). If marine made or the animals still do not appear attached within 1 m of each hook. A mammals are sighted before the gear is to be at risk of interaction, then the set line shooter shall be used to set the fully removed from the water, PIFSC may be made. If the vessel is moved to mainline. Completely thawed and blue- shall take the most appropriate action to a different section of the sampling area, dyed bait shall be used (two 1-pound avoid marine mammal interaction. the move-on rule mitigation protocol containers of blue-dye shall be kept on PIFSC may use best professional would begin anew. If, after moving on, the boat for backup). Fish parts and judgment in making this decision. marine mammals remain at risk of spent bait with all hooks removed shall PIFSC must retrieve gear immediately if interaction, the PIFSC shall move again be kept for strategic offal discard. marine mammals are believed to be or skip the station. Marine mammals Retained swordfish shall be cut in half captured/entangled in a net or that are sighted shall be monitored to at the head; used heads and livers shall associated gear (e.g., lazy line) and determine their position and movement also be used for strategic offal discard. follow disentanglement protocols. in relation to the vessel to determine (iii) When shallow-setting anywhere (5) If trawling operations have been whether the move-on rule mitigation and setting longline gear from the side, suspended because of the presence of protocol should be implemented. PIFSC mainline shall be deployed from the marine mammals, PIFSC may resume may use best professional judgment in port or starboard side at least 1 m trawl operations when practicable only making these decisions. PIFSC must forward of the stern corner. If a line

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shooter is used, it shall be mounted at professional judgment in making this may be made. If the vessel is moved to least 1 m forward from the stern corner. decision. a different section of the sampling area, A specified bird curtain shall be used aft (vi) Personnel shall make no attempt the move-on rule mitigation protocol of the setting station during the set. Gear to feed, touch, ride, or otherwise would begin anew. If, after moving on, shall be deployed so that hooks do not intentionally interact with any marine marine mammals remain at risk of resurface. 45 g or heavier weights shall mammals unless undertaken to rescue a interaction, the PIFSC shall move again be attached within 1 m of each hook. marine mammal or otherwise or skip the station. Marine mammals (iv) When deep-setting north of 23° N authorized by another permit. that are sighted shall be monitored to and setting longline gear from the side, (vii) Mechanical equipment shall be determine their position and movement mainline shall be deployed from the monitored to ensure no entanglements in relation to the vessel to determine port or starboard side at least 1 m occur with protected species. whether the move-on rule mitigation forward of the stern corner. If a line (viii) Team members shall protocol should be implemented. PIFSC shooter is used, it shall be mounted at immediately respond to an entangled may use best professional judgment in least 1 m forward from the stern corner. animal, halting operations and making these decisions. A specified bird curtain shall be used aft providing and onsite response (3) Dead fish and bait shall not be of the setting station during the set. Gear assessment (allowing the animal to discarded from the vessel while actively shall be deployed so that hooks do not disentangle itself, assisting with fishing. Dead fish and bait shall be resurface. 45 g or heavier weights shall disentanglement, etc.), unless doing so discarded after gear is retrieved and be attached within 1 m of each hook. would compromise human safety. immediately before the vessel leaves the (7) Dead fish and bait shall not be (f) Marine debris research and sampling location for a new area. discarded from the vessel while actively removal protocols. (1) Prior to initiating (4) If a hooked fish is retrieved and it fishing. Dead fish and bait shall be any marine debris removal operations, appears to the fisher (based on best discarded after gear is retrieved and marine debris personnel shall professional judgment) that it has been immediately before the vessel leaves the thoroughly examine the beaches and damaged by a marine mammal, visual sampling location for a new area. near shore environments/waters for monitoring shall be enhanced around (e) Small boat and diver protocols. (1) Hawaiian monk seals before the vessel for the next ten minutes. Surveys and in-water operations shall approaching marine debris sites and Fishing may continue during this time. be conducted with at least two divers initiating removal activities. If a shark is sighted, visual monitoring observing for the proximity of marine (2) Debris shall be retrieved in may return to normal. If a marine mammals, a coxswain driving the small compliance with all Federal laws, rules, mammal is seen in the vicinity of a boat, and a topside spotter. Spotters and and regulations governing wildlife in bottomfishing operation, the gear shall coxswains shall be tasked with looking the area, including maintaining a be retrieved immediately and the vessel out for divers, marine mammals, and minimum distance of 50 yards from all shall move to another sampling location environmental hazards. Topside monk seals and a minimum of 100 yards where marine mammals are not present. spotters may also work as coxswains, from female seals with pups. Catch loss and a ‘‘move on’’ for marine depending on team assignment and boat (g) Bottomfishing protocols. (1) PIFSC mammals shall be tallied on the data layout. shall initiate marine mammal watches sheet. (2) Before approaching any shoreline (visual observation) no less than 30 (5) If bottomfishing gear is lost while or exposed reef, all observers shall minutes (or for the duration of transit fishing, visual monitoring shall be examine any visible land areas for the between set locations, if shorter than 30 enhanced around the vessel for the next presence of marine mammals. minutes) prior to both deployment and ten minutes. Fishing may continue Scientists, divers, and coxswains shall retrieval of bottomfishing hook-and-line during this time. If a shark is sighted, follow best management practices gear. Marine mammal watches shall be visual monitoring may return to normal. (BMPs) for boat operations and diving conducted by scanning the surrounding If a marine mammal is observed in the activities, including: waters with the naked eye and vicinity, it shall be monitored until a (i) Maintain constant vigilance for the rangefinding binoculars (or monocular). determination can be made (based on presence of marine mammals. During nighttime operations, visual best professional judgment) of whether (ii) Marine mammals shall not be observation shall be conducted using gear is sighted attached to the animal, encircled or trapped between multiple the naked eye and available vessel gear is suspected to be on the animal, vessels or between vessels and the lighting. or gear is not observed on the animal shore. (2) PIFSC shall implement the move- and it behaves normally. If gear is (iii) If approached by a marine on rule mitigation protocol, as described sighted with gear attached or suspected mammal, the engine shall be put in in this paragraph. If one or more marine to be attached, procedures and actions neutral and the animal allowed to pass. mammals are observed in the vicinity of for incidental take shall be initiated, as (iv) All in-water work not already the planned location before gear outlined in § 219.66. Gear loss and a underway shall be postponed until deployment, and are considered at risk ‘‘move on’’ for marine mammals shall be whales are beyond 100 yards or other of interacting with the vessel or research tallied on the data sheet. marine mammals are beyond 50 yards gear, or appear to be approaching the (h) Instrument and trap deployments. from the vessel or diver, unless the work vessel and are considered at risk of (1) PIFSC shall initiate marine mammal is covered under a separate permit that interaction, PIFSC shall either remain watches (visual observation) no less allows activity in proximity to marine onsite or move on to another sampling than 30 minutes (or for the duration of mammals. Activity shall commence location. If remaining onsite, the set transit between set locations, if shorter only after the animal(s) depart the area. shall be delayed. If the animals depart than 30 minutes) prior to both (v) If marine mammals enter the area or appear to no longer be at risk of deployment and retrieval of instruments while in-water work is already in interacting with the vessel or gear, a and traps. Marine mammal watches progress, the activity may continue only further observation period shall be shall be conducted by scanning the when that activity has no reasonable conducted. If no further observations are surrounding waters with the naked eye expectation to adversely affect the made or the animals still do not appear and rangefinding binoculars (or animal(s). PIFSC may use best to be at risk of interaction, then the set monocular).

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(2) PIFSC shall implement the move- responsible for conducting dedicated (2) PIFSC shall report all incidents of on rule mitigation protocol, as described marine mammal visual observations to marine mammal interaction to NMFS’s in this paragraph. If one or more marine explain mitigation measures and Protected Species Incidental Take mammals are observed in the vicinity of monitoring and reporting requirements, database within 48 hours of occurrence the planned location before gear mitigation and monitoring protocols, and shall provide supplemental deployment, and are considered at risk marine mammal identification, information to OPR upon request. of interacting with the vessel or research completion of datasheets, and use of Information related to marine mammal gear, or appear to be approaching the equipment. PIFSC may determine the interaction (animal captured or vessel and are considered at risk of agenda for these trainings. entangled in research gear) must include interaction, PIFSC shall either remain (2) PIFSC shall also dedicate a portion details of survey effort, full descriptions onsite or move on to another sampling of training to discussion of best of any observations of the animals, the location. If remaining onsite, the professional judgment, including use in context (vessel and conditions), instrument or trap deployment shall be any incidents of marine mammal decisions made, and rationale for delayed. If the animals depart or appear interaction and instructive examples decisions made in vessel and gear to no longer be at risk of interacting where use of best professional judgment handling. with the vessel or gear, a further was determined to be successful or (3) PIFSC shall submit an annual observation period shall be conducted. unsuccessful. summary report to OPR: If no further observations are made or (3) PIFSC shall coordinate with (i) The report must be submitted no the animals still do not appear to be at NMFS’ Office of Science and later than ninety days following the end risk of interaction, then the gear may be Technology to ensure training and of a given calendar year. The first deployed. If the vessel is moved to a guidance related to handling procedures annual report must cover the period different section of the sampling area, and data collection is consistent with from the date of issuance of the LOA the move-on rule mitigation protocol other fishery science centers, where through the end of that calendar year would begin anew. If, after moving on, appropriate. and the entire first full calendar year of marine mammals remain at risk of (d) Handling procedures and data the authorization. Subsequent reports interaction, the PIFSC shall move again collection. (1) PIFSC must develop and will cover only one full calendar year. or skip the station. Marine mammals implement standardized marine PIFSC shall provide a final report that are sighted shall be monitored to mammal handling, disentanglement, within thirty days following resolution determine their position and movement and data collection procedures. These of comments on the draft report. in relation to the vessel to determine standard procedures will be subject to (ii) These reports shall contain, at whether the move-on rule mitigation approval by NMFS’s Office of Protected minimum, the following: protocol should be implemented. PIFSC Resources (OPR). (A) Annual line-kilometers surveyed may use best professional judgment in (2) For any marine mammal during which the EK60, EM 300, and making these decisions. PIFSC must interaction involving the release of a ADCP Ocean Surveyor (or equivalent retrieve gear immediately if marine live animal, PIFSC shall collect sources) were predominant and mammals are believed to be entangled necessary data to facilitate a serious associated pro-rated estimates of actual in an instrument or trap line or injury determination, when practicable. take; (3) PIFSC shall provide its relevant associated gear and follow (B) Summary information regarding personnel with standard guidance and disentanglement protocols. use of all longline, bottomfishing, and training regarding handling of marine trawl gear, including number of sets, § 219.66 Requirements for monitoring and mammals, including how to identify tows, etc., specific to each gear; reporting. different species, bring an individual (C) Accounts of surveys where marine (a) Compliance coordination. PIFSC aboard a vessel, assess the level of mammals were observed during shall designate a compliance consciousness, remove fishing gear, sampling but no interactions occurred; coordinator who shall be responsible for return an individual to water, and log (D) Accounts of all incidents of ensuring compliance with all activities pertaining to the interaction. marine mammal interactions, including requirements of any LOA issued (4) PIFSC shall record marine circumstances of the event and pursuant to § 216.106 of this chapter mammal interaction information on descriptions of any mitigation and § 219.67 and for preparing for any standardized forms, which will be procedures implemented or not subsequent request(s) for incidental take subject to approval by OPR. PIFSC shall implemented and why and, if released authorization. also answer a standard series of alive, serious injury determinations; (b) Visual monitoring program. (1) supplemental questions regarding the (E) Summary information related to Marine mammal visual monitoring shall details of any marine mammal any disturbance of pinnipeds, including occur prior to deployment of trawl nets, interaction. event-specific total counts of animals longlines, bottomfishing gear, (e) Reporting. (1) Marine mammal present, counts of reactions according to instruments, and traps, respectively; capture/entanglements (live or dead) the three-point scale, and distance of throughout deployment of gear and must be reported immediately to the closest approach; active fishing of research gears (not relevant regional stranding coordinator (F) A written description of any including longline soak time); prior to (Hawai1i Statewide Marine Animal mitigation research investigation efforts retrieval of longline gear; and Stranding, Entanglement, and Reporting and findings (e.g., line modifications); throughout retrieval of all research gear. Hotline, 888–256–9840; Guam (G) A written evaluation of the (2) Marine mammal watches shall be Conservation Office Hotline, 671–688– effectiveness of PIFSC mitigation conducted by watch-standers (those 3297; Commonwealth of the Northern strategies in reducing the number of navigating the vessel and/or other crew) Mariana Islands Division of Fish and marine mammal interactions with at all times when the vessel is being Wildlife Hotline, 670–287–8537; survey gear, including best professional operated. American Samoa Department of Marine judgment and suggestions for changes to (c) Training. (1) PIFSC must conduct and Wildlife Resources, 684–633–4456), the mitigation strategies, if any; and annual training for all chief scientists OPR (301–427–8401), and NMFS Pacific (H) A summary of all relevant training and other personnel who may be Islands Regional Office (808–725–5000). provided by PIFSC and any

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coordination with NMFS Office of determines that the injury or death is findings made for the total taking Science and Technology and the Pacific not associated with or related to the allowable under these regulations. Islands Regional Office. activities defined in § 219.61(a) (e.g., (g) Notice of issuance or denial of an (f) Reporting of injured or dead previously wounded animal, carcass LOA shall be published in the Federal marine mammals. (1) In the with moderate to advanced Register within thirty days of a unanticipated event that the activity decomposition, scavenger damage), determination. defined in § 219.61(a) clearly causes the PIFSC shall report the incident to OPR take of a marine mammal in a § 219.68 Renewals and modifications of and the Pacific Islands Regional Office, Letters of Authorization. prohibited manner, PIFSC personnel NMFS, within 24 hours of the engaged in the research activity shall discovery. PIFSC shall provide (a) An LOA issued under §§ 216.106 immediately cease such activity until photographs or video footage or other of this chapter and 219.67 for the such time as an appropriate decision documentation of the stranded animal activity identified in § 219.61(a) shall be regarding activity continuation can be sighting to OPR. renewed or modified upon request by made by the PIFSC Director (or (4) In the event of a ship strike of a the applicant, provided that: designee). The incident must be marine mammal by any PIFSC or (1) The proposed specified activity reported immediately to OPR and the partner vessel involved in the activities and mitigation, monitoring, and NMFS Pacific Islands Regional Office. covered by the authorization, PIFSC or reporting measures, as well as the OPR will review the circumstances of partner shall immediately report the anticipated impacts, are the same as the prohibited take and work with information in paragraph (f)(1) of this those described and analyzed for these PIFSC to determine what measures are section, as well as the following regulations (excluding changes made necessary to minimize the likelihood of additional information: pursuant to the adaptive management further prohibited take and ensure (i) Vessel’s speed during and leading provision in paragraph (c)(1) of this MMPA compliance. The immediate up to the incident; section); and decision made by PIFSC regarding (ii) Vessel’s course/heading and what (2) OPR determines that the continuation of the specified activity is operations were being conducted; mitigation, monitoring, and reporting subject to OPR concurrence. The report (iii) Status of all sound sources in use; measures required by the previous LOA must include the following information: (iv) Description of avoidance under these regulations were (i) Time, date, and location (latitude/ measures/requirements that were in implemented. longitude) of the incident; place at the time of the strike and what (b) For an LOA modification or (ii) Description of the incident additional measures were taken, if any, renewal requests by the applicant that including, but not limited to, to avoid strike; include changes to the activity or the monitoring prior to and occurring at (v) Estimated size and length of mitigation, monitoring, or reporting time of the incident; animal that was struck; and (excluding changes made pursuant to (iii) Environmental conditions (e.g., (vi) Description of the behavior of the the adaptive management provision in wind speed and direction, Beaufort sea marine mammal immediately preceding paragraph (c)(1) of this section) that do state, cloud cover, visibility); and following the strike. not change the findings made for the (iv) Description of all marine mammal regulations or result in no more than a observations in the 24 hours preceding § 219.67 Letters of Authorization. minor change in the total estimated the incident; (a) To incidentally take marine number of takes (or distribution by (v) Species identification or mammals pursuant to these regulations, species or years), OPR may publish a description of the animal(s) involved; PIFSC must apply for and obtain an notice of proposed LOA in the Federal (vi) Status of all sound source use in LOA. Register, including the associated the 24 hours preceding the incident; (b) An LOA, unless suspended or analysis of the change, and solicit (vii) Water depth; revoked, may be effective for a period of public comment before issuing the LOA. (viii) Fate of the animal(s) (e.g. dead, time not to exceed the expiration date (c) An LOA issued under §§ 216.106 injured but alive, injured and moving, of these regulations. of this chapter and 219.67 for the blood or tissue observed in the water, (c) If an LOA expires prior to the activity identified in § 219.61(a) may be status unknown, disappeared, etc.); and expiration date of these regulations, modified by OPR under the following (ix) Photographs or video footage of PIFSC may apply for and obtain a circumstances: the animal(s). renewal of the LOA. (1) OPR may utilize an adaptive (2) In the event that PIFSC discovers (d) In the event of projected changes management process to modify or an injured or dead marine mammal and to the activity or to mitigation and augment the existing mitigation, determines that the cause of the injury monitoring measures required by an monitoring, or reporting measures (after or death is unknown and the death is LOA, PIFSC must apply for and obtain consulting with PIFSC regarding the relatively recent (e.g., in less than a a modification of the LOA as described practicability of the modifications) if moderate state of decomposition), PIFSC in § 219.68. doing so creates a reasonable likelihood shall immediately report the incident to (e) The LOA shall set forth: of more effectively accomplishing the OPR and the NMFS Pacific Islands (1) Permissible methods of incidental goals of the mitigation and monitoring Regional Office The report must include taking; set forth in the preamble for these the information identified in paragraph (2) Means of effecting the least regulations. (f)(1) of this section. Activities may practicable adverse impact (i.e., (i) Possible sources of data that could continue while OPR reviews the mitigation) on the species, its habitat, contribute to the decision to modify the circumstances of the incident. OPR will and on the availability of the species for mitigation, monitoring, or reporting work with PIFSC to determine whether subsistence uses; and measures in an LOA: additional mitigation measures or (3) Requirements for monitoring and (A) Results from PIFSC’s monitoring modifications to the activities are reporting. reports from the previous year(s). appropriate. (f) Issuance of the LOA shall be based (B) Results from other marine (3) In the event that PIFSC discovers on a determination that the level of mammal and/or sound research or an injured or dead marine mammal and taking will be consistent with the studies.

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(C) Any information that reveals proposed LOA in the Federal Register opportunity for public comment. Notice marine mammals may have been taken and solicit public comment. would be published in the Federal in a manner, extent or number not (2) If OPR determines that an Register within thirty days of the action. authorized by these regulations or emergency exists that poses a significant subsequent LOAs. risk to the well-being of the species or § § 219.69—219.70 [Reserved] (ii) If, through adaptive management, stocks of marine mammals specified in [FR Doc. 2021–05128 Filed 3–19–21; 8:45 am] the modifications to the mitigation, LOAs issued pursuant to § 216.106 of monitoring, or reporting measures are this chapter and § 219.67, an LOA may BILLING CODE 3510–22–P substantial, OPR will publish a notice of be modified without prior notice or

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