Federal Register/Vol. 84, No. 39/Wednesday, February 27, 2019

6576 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Proposed Rules

DEPARTMENT OF COMMERCE Protected Resources, National Marine active acoustic survey sources. TPWD Fisheries Service, 1315 East-West has requested take of dolphins from four National Oceanic and Atmospheric Highway, Silver Spring, MD 20910. stocks, by mortality or serious injury, Administration Instructions: Comments sent by any incidental to gillnet fishing in Texas other method, to any other address or bays. For both applicants, the 50 CFR Part 219 individual, or received after the end of regulations would be valid from 2018 to [Docket No. 161109999–8999–01] the comment period, may not be 2023. considered by NMFS. All comments Legal Authority for the Proposed Action RIN 0648–BG44 received are a part of the public record and will generally be posted for public Section 101(a)(5)(A) of the MMPA (16 Taking and Importing Marine viewing on www.regulations.gov U.S.C. 1371(a)(5)(A)) directs the Mammals; Taking Marine Mammals without change. All personal identifying Secretary of Commerce to allow, upon Incidental to Southeast Fisheries information (e.g., name, address), request, the incidental, but not Science Center and Texas Parks and confidential business information, or intentional taking of small numbers of Wildlife Department Fisheries otherwise sensitive information marine mammals by U.S. citizens who Research submitted voluntarily by the sender will engage in a specified activity (other than commercial fishing) within a specified AGENCY: National Marine Fisheries be publicly accessible. NMFS will Service (NMFS), National Oceanic and accept anonymous comments (enter geographical region for up to five years if, after notice and public comment, the Atmospheric Administration (NOAA), ‘‘N/A’’ in the required fields if you wish agency makes certain findings and Commerce. to remain anonymous). Attachments to electronic comments will be accepted in issues regulations that set forth ACTION: Proposed rule; request for permissible methods of taking pursuant comments. Microsoft Word, Excel, or Adobe PDF file formats only. to that activity, as well as monitoring SUMMARY: NMFS’ Office of Protected and reporting requirements. FOR FURTHER INFORMATION CONTACT: Section 101(a)(5)(A) of the MMPA and Resources has received a request from Jaclyn Daly, Office of Protected NMFS’ Southeast Fisheries Science the implementing regulations at 50 CFR Resources, NMFS, (301) 427–8401. part 216, subpart I provide the legal Center (SEFSC) for authorization to take Electronic copies of the application and marine mammals incidental to fisheries basis for issuing this proposed rule supporting documents, as well as a list containing five-year regulations and research conducted in the Atlantic of the references cited in this document, Ocean along the southeastern U.S. coast Letters of Authorization. As directed by may be obtained online at: this legal authority, this proposed rule and select estuaries, the Gulf of Mexico www.nmfs.noaa.gov/pr/permits/ and select estuaries, and the Caribbean contains mitigation, monitoring, and incidental/research.htm. In case of reporting requirements. Sea over the course of five years from problems accessing these documents, the date of issuance. We have also please call the contact listed above. Summary of Major Provisions Within received a request from the Texas Parks SUPPLEMENTARY INFORMATION: the Proposed Regulations and Wildlife Department (TPWD) for Following is a summary of the major authorization to take marine mammals Purpose and Need for Regulatory provisions for the SEFSC within the incidental to fisheries research in Texas Action proposed rulemaking. The SEFSC is bay systems. Pursuant to the Marine This proposed rule, to be issued required to: Mammal Protection Act (MMPA), NMFS under the authority of the MMPA (16 • Delay setting or haul in gear if is requesting comments on its proposal U.S.C. 1361 et seq.), establishes a marine mammal interaction may occur. to issue regulations to the SEFSC and, framework for authorizing the take of • Monitor prior to and during sets for separately, TPWD, to incidentally take marine mammals incidental to fisheries- signs of potential marine mammal marine mammals during the specified independent research conducted by the interaction. • activities. NMFS will consider public SEFSC (in the Atlantic Ocean and Implement the ‘‘move-on rule’’ comments prior to making any final associated estuaries, Gulf of Mexico and mitigation strategy during select surveys decision on the issuance of the associated estuaries, and Caribbean Sea) (note: this measure does not apply to requested MMPA authorizations and bottlenose dolphins). and TPWD (in Texas bays and • agency responses will be summarized in estuaries). SEFSC and TPWD fisheries Limit gear set times (varies based on the final notice of our decision. research has the potential to take marine gear type). • Haul gear immediately if marine DATES: Comments and information must mammals due to possible physical mammals may interact with gear. be received no later than March 29, interaction with fishing gear (e.g., • 2019. Utilize dedicated marine mammal trawls, gillnets, hook-and-line gear) observations during select surveys. ADDRESSES: You may submit comments andexposure to noise generated by • Prohibit chumming. on this document, identified by NOAA– SEFSC sonar devices (e.g., • Continue investigation on the NMFS–2019–0016, by any of the echosounders, side-scan sonar). The effectiveness of modifying lazy lines to following methods: SEFSC submitted an application to reduce bottlenose dolphin entanglement • Electronic submission: Submit all NMFS requesting five-year regulations risk. electronic public comments via the and a letter of authorization (LOA) to • Establish and convene the South Federal e-Rulemaking Portal. Go to take multiple species and stocks of Carolina Department of Natural www.regulations.gov/#!docket marine mammals in the three specified Resources (SCDNR) Working Group to Detail;D=NOAA-NMFS-2019-0016, click research areas (Atlantic, Gulf of Mexico, better understand bottlenose dolphin the ‘‘Comment Now!’’ icon, complete and Caribbean). The SEFSC has entanglement events and apply effective the required fields, and enter or attach requested take, by mortality, serious mitigation strategies. your comments. injury, and Level A harassment, Following is a summary of the major • Mail: Submit written comments to incidental to the use of various types of provisions for the TPWD within the Jolie Harrison, Chief, Permits and fisheries research gear and Level B proposed rulemaking. The TPWD is Conservation Division, Office of harassment incidental to the use of required to:

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• Set only new or fully repaired gill the potential to disturb a marine mortality, serious injury, and Level A nets thereby eliminating holes. mammal or marine mammal stock in the harassment (hereafter referred as ‘‘M/SI’’ • Set gillnets with minimal slack and wild by causing disruption of behavioral assuming worst case scenario) and 34 a short marker buoy attached to the patterns, including, but not limited to, species of marine mammals by Level B deep end of the net. migration, breathing, nursing, breeding, harassment. • Conduct dedicated marine mammal feeding, or sheltering (Level B On July 29, 2015, NMFS received an observations at least 15 minutes prior to harassment). application from TPWD requesting setting nets and avoid setting nets if authorization for take of marine National Environmental Policy Act dolphins are observed at or approaching mammals incidental to fishery- the sampling station. To comply with the National independent monitoring activities in • Minimize soak time by utilizing the Environmental Policy Act of 1969 Texas. On January 6, 2017 (82 FR 1721), ‘‘last out/first in’’ strategy for gillnets set (NEPA; 42 U.S.C. 4321 et seq.) and we published a notice of receipt of the in grids where marine mammals have NOAA Administrative Order (NAO) TPWD’s application in the Federal been encountered within the last 5 216–6A, NMFS must review our Register, requesting comments and years. proposed action (i.e., the issuance of an information related to the TPWD’s • Avoid fishing grids where dolphins incidental harassment authorization) request for thirty days. We received have interacted with gear on more than with respect to potential impacts on the comments from the Marine Mammal one occasion or where multiple adjacent human environment. Commission and the Texas Chapter of grids have had at least one dolphin Accordingly, NMFS is preparing an the Coastal Conservation Association encounter. Environmental Assessment (EA) to which we considered in the • Modify gillnets to avoid more than consider the environmental impacts development of this proposed rule and a 4 inch (in.) gap between float/lead line associated with the issuance of the are available on the internet at: https:// and net when net is set. proposed regulations to SEFSC and www.fisheries.noaa.gov/permit/ TPWD. NMFS’ Draft Programmatic Background incidental-take-authorizations-under- Environmental Assessment (PEA) for marine-mammal-protection-act. In Sections 101(a)(5)(A) and (D) of the Fisheries and Ecosystem Research response to comments, TPWD submitted MMPA (16 U.S.C. 1361 et seq.) direct Conducted and Funded by the a subsequent application on May 11, the Secretary of Commerce (as delegated Southeast Fisheries Science Center was 2017, which we deemed adequate and to NMFS) to allow, upon request, the made available for public comment from complete. incidental, but not intentional, taking of April 20 through May 20, 2016 (81 FR small numbers of marine mammals by 23276). NMFS is modifying the draft EA Description of the Specified Activity U.S. citizens who engage in a specified to include TPWD gillnet fishing. We SEFSC Overview activity (other than commercial fishing) will review all comments submitted in within a specified geographical region if response to this notice as we complete The SEFSC is the research arm of certain findings are made and either the NEPA process, prior to making a NMFS in the Southeast Region. The regulations are issued or, if the taking is final decision on the incidental take SEFSC plans, develops, and manages a limited to harassment, a notice of a authorization request. multidisciplinary program of basic and proposed authorization is provided to applied research to generate the Summary of Request the public for review. information necessary for the An authorization for incidental On May 4, 2015, NMFS Office of conservation and management of the takings shall be granted if NMFS finds Protected Resources (OPR) received an region’s living marine resources, that the taking will have a negligible application from the SEFSC for a including the region’s marine and impact on the species or stock(s), will rulemaking and associated 5-year Letter anadromous fish and invertebrate not have an unmitigable adverse impact of Authorization (LOA) to take marine populations to ensure they remain at on the availability of the species or mammals incidental to fisheries sustainable and healthy levels. The stock(s) for subsistence uses (where research activities conducted by the SEFSC collects a wide array of relevant), and if the permissible SEFSC and 18 cooperating research information necessary to evaluate the methods of taking and requirements partners in the Atlantic Ocean Research status of exploited fishery resources and pertaining to the mitigation, monitoring Area (ARA), Gulf of Mexico Research the marine environment from fishery and reporting of such takings are set Area (GOMRA), and Caribbean Research independent (i.e., non-commercial or forth. Area (CRA). The SEFSC submitted a recreational fishing) platforms. Surveys NMFS has defined ‘‘negligible revised draft in October 2015, followed are conducted from NOAA-owned and impact’’ in 50 CFR 216.103 as an impact by another revision on April 6, 2016, operated vessels, NOAA chartered resulting from the specified activity that which we deemed adequate and vessels, or research partner-owned or cannot be reasonably expected to, and is complete. On April 22, 2016 (81 FR chartered vessels in the state and not reasonably likely to, adversely affect 23677), we published a notice of receipt Federal waters of the Atlantic Ocean the species or stock through effects on of the SEFSC’s application in the south of Virginia, Gulf of Mexico, and annual rates of recruitment or survival. Federal Register, requesting comments Caribbean Sea. All work will occur The MMPA states that the term ‘‘take’’ and information related to the SEFSC’s within the Exclusive Economic Zone means to harass, hunt, capture, kill or request for thirty days. We received (EEZ) except two surveys which may attempt to harass, hunt, capture, or kill joint comments from The Humane occur outside the EEZ. any marine mammal. Society of the United States and Whale The SEFSC plans to administer, fund, Except with respect to certain and Dolphin Conservation, which we or conduct 74 fishery-independent activities not pertinent here, the MMPA considered in development of this survey programs over the five-year defines ‘‘harassment’’ as any act of proposed rule and are available on the period the proposed regulations would pursuit, torment, or annoyance which (i) internet at: www.nmfs.noaa.gov/pr/ be effective (see Table 1–1 in the has the potential to injure a marine permits/incidental/research.htm. The SEFSC’s application). The SEFSC works mammal or marine mammal stock in the SEFSC request is for the take of 15 with 18 Federal, state, or academic wild (Level A harassment); or (ii) has species of marine mammals by partners to conduct these surveys (see

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Table 1–1 in SEFSC’s application for a monitoring program to assess the concerning the geology, oceanography, list of cooperating research partners). Of relative abundance and size of finfish and physical environment influencing the 74 surveys, only 38 involve gear and and shellfish in ten Texas bay systems species distribution within each of the equipment with the potential to take using gillnets set perpendicular to the research areas can be found in Chapter marine mammals. Gear types include shoreline. Gill nets are set overnight 3 of the Draft PEA. towed trawl nets fished at various levels during each spring and fall season for a Atlantic Research Area in the water column, seine nets, traps, total of four weeks per year. Bottlenose longline and other hook and line gear. dolphins have the potential to become The ARA constitutes more than Surveys using any type of seine net (e.g., entangled in gillnet gear which can 530,000 square miles (mi2) from North gillnets), trawl net, or hook and line result in M/SI harassment. Carolina to Florida. Three key features (e.g., longlines) have the potential for of the ARA include the NE LME Specified Geographic Region—SEFSC marine mammal interaction (e.g., (however SEFSC research is only entanglement, hooking) resulting in M/ The SEFSC conducts research in three conducted south of Virginia), SE LME, SI harassment. In addition, the SEFSC research areas: The Atlantic Ocean from and Gulf Stream. The NE LME conducts hydrographic, oceanographic, North Carolina to Florida and associated encompasses approximately 115,831 and meteorological sampling concurrent estuaries (ARA), the Gulf of Mexico and mi2, and is structurally complex, with with many of these surveys which associated estuaries (GOMRA), and the marked temperature changes, winds, requires the use of active acoustic Caribbean around Puerto Rico and the river runoff, estuarine exchanges, tides devices (e.g., side-scan sonar, US Virgin Islands (CRA). Research and complex circulation regimes. The echosounders). These active sonars surveys occur both inside and outside Shelf-Slope Front is associated with a result in elevated sound levels in the the U.S. Exclusive Economic Zone southward flow of cold, fresh water water column, resulting in the potential (EEZ), and sometimes span across from the Labrador Sea. The Mid-Shelf to behaviorally disturb marine mammals multiple ecological, physical, and Front follows the 50-m isobath (Ullman resulting in Level B harassment. political boundaries (see Figure1–2 in and Cornillon 1999). The Nantucket Many SEFSC surveys only occur at the SEFSC’s application for map). With Shoals Front hugs the namesake bank/ certain times of the year to align with respect to gear, Appendix B in the shaols along 20–30-m isobaths. The the target species and age class being SEFSC Draft Programmatic Wilkinson Basin Front and Jordan Basin researched (see Table 1–1 in SEFSC’s Environmental Assessment (PEA) Front separate deep basins from Georges application); however, in general, the includes a table and figures showing the Bank and Browns Bank (Mavor and SEFSC conducts some type of sampling spatial and temporal distribution of Bisagni 2001). The SE LME extends year round in various locations. Specific fishing gears used during SEFSC from the Straits of Florida to Cape dates and duration of individual surveys research. Hatteras, North Carolina in the Atlantic are inherently uncertain because they The three research areas fully or Ocean. It is characterized by a temperate are based on congressional funding partially encompass four Large Marine climate and has a surface area of about levels, weather conditions, and ship Ecosystems (LMEs): The Northeast U.S. 300,000 km2, of which 2.44 percent is contingencies. For example, some Continental Shelf LME (NE LME), the protected. It contains 0.27 percent of the surveys are only conducted every two or Southeast U.S. Continental Shelf LME world’s coral reefs and 18 estuaries and three years or when funding is available. (SE LME), the Gulf of Mexico LME, river systems. These estuarine and river Timing of the surveys is a key element (GOM LME), and the Caribbean Sea systems, such as the Albemarle-Pamlico of their design. Oceanic and LME (CS LME). LMEs are large areas of Sound (the second largest estuary in the atmospheric conditions, as well as ship coastal ocean space, generally include nation) contain nearshore and barrier contingencies, often dictate survey greater than 200,000 square kilometers islands, fresh and estuarine waters, and schedules even for routinely-conducted (km2) of ocean surface area and are extensive coastal marshes that provide surveys. In addition, cooperative located in coastal waters where primary unique habitats for living marine research is designed to provide productivity is typically higher than in resources, including marine mammals flexibility on a yearly basis in order to open ocean areas. LME physical (Aquarone 2009). Adjacent to the SE address issues as they arise. Some boundaries are based on four ecological LME is the warm, saline, northward cooperative research projects last criteria: bathymetry, hydrography, flowing Gulf Stream which is bounded multiple years or may continue with productivity, and trophic relationships. by two fronts; the inshore Gulf Stream modifications. Other projects only last NOAA has implemented a management Front and the offshore Gulf Stream one year and are not continued. Most approach designed to improve the long- Front (see Figure 2–2). The inshore Gulf cooperative research projects go through term sustainability of LMEs and their Stream Front extends over the upper an annual competitive selection process resources by using practices that focus continental slope and shelf break, to determine which projects should be on ensuring the sustainability of the approximately aligned with the 50- funded based on proposals developed productive potential for ecosystem meter isobath (Atkinson and Menzel by many independent researchers and goods and services. Figure 2–1 in the 1985), while the offshore Gulf Stream fishing industry participants. The exact SEFSC’s application shows the location Front runs parallel to it approximately location of survey effort also varies year and boundaries of the three research 100 kilometers offshore. The Gulf to year (albeit in the same general area) areas with respect to LME boundaries. Stream forms a semi-permanent offshore because they are often based on We note here that, while the SEFSC deflection near a deepwater bank randomized sampling designs. Year- specified geographical region extends southeast of Charleston, South Carolina, round, in all research areas, there is one outside of the U.S. EEZ, into the called the ‘Charleston Bump’ at 31.5 or more than one survey planned that Mexican EEZ (not including Mexican degrees north. The Mid-Shelf Front is has the potential to take marine territorial waters), the MMPA’s aligned approximately with the 35-to-40 mammals. authority does not extend into foreign meter isobaths. Other shelf fronts territorial waters. The following separate a mixture of water masses TPWD Overview provides a brief introduction to the formed by wintertime cold air TPWD conducts a long-term characteristics of each research area. outbreaks, river discharge, tidal mixing standardized fishery-independent Additional descriptive material and wind-induced coastal upwelling

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(Pietrafesa et al. 1985, Belkin et al. Caribbean Sea through the passages provide management information to 2009). between the Lesser Antilles islands. support national and regional programs Run-off from two of the largest river of NMFS and to respond to the needs of Gulf of Mexico Research Area systems in the world, the Amazon and Regional Fishery Management Councils The GOMRA encompasses more than the Orinoco, as well as numerous other (FMCs), interstate and international 800,000 mi2. The SEFSC conducts large rivers, dominates the north coast fishery commissions, Fishery fisheries research in portions of the of South America (Muller-Karger 1993). Development Foundations, government GOM LME, a deep marginal sea Unlike the ARA and GOMRA, the agencies, and the general public. SEFSC bordered by Cuba, Mexico, and the U.S. SEFSC does not conduct research in develops the scientific information It is the largest semi-enclosed coastal estuarine waters within the CRA. required for fishery resource sea of the western Atlantic, conservation, fishery development and TPWD Specified Geographic Area encompassing more than 1.5 million utilization, habitat conservation, and 2 km , of which 1.57 percent is protected, TPWD conducts fisheries research protection of marine mammals and as well as 0.49 percent of the world’s using gillnets in ten Texas bay systems: endangered marine species. Research is coral reefs and 0.02 percent of the Laguna Madre, Corpus Christi Bay, pursued to address specific needs in world’s sea mounts (Sea Around Us Aransas Bay, San Antonio Bay, population dynamics, fishery biology 2007). The continental shelf is very Matagorda Bay, East Matagorda Bay, and economics, engineering and gear extensive, comprising about 30 percent Cedar Lakes, West Bay, Galveston Bay, development, and protected species of the total area and is topographically and Sabine Lake (see Figure 1 and 2 in biology. Specifically, research includes very diverse (Heileman and Rabalais TPWD’s application). These systems are monitoring fish stock recruitment, 2009). Oceanic water enters this LME wide and shallow with little tidal abundance, survival and biological from the Yucatan channel and exits elevation change. rates, geographic distribution of species through the Straits of Florida, creating Detailed Description of Activities and stocks, ecosystem process changes, the Loop Current, a major and marine ecological research. oceanographic feature and part of the SEFSC Gulf Stream System (Lohrenz et al. To carry out this research, the SEFSC 1999) (see Figure 2–4). The LME is The Federal government has a trust proposes to administer or conduct 74 strongly influenced by freshwater input responsibility to protect living marine survey programs during the 5-year from rivers, particularly the Mississippi- resources in waters of the U.S., also period the proposed regulations would Atchafalaya, which accounts for about referred to as Federal waters. These be effective; however, only 44 surveys two-thirds of the flows into the Gulf waters generally lie 3 to 200 nautical have the potential to take marine (Richards & McGowan 1989) while miles (nm) from the shoreline. Those mammals from gear interaction or freshwater discharges from the waters 3–12 nm offshore comprise acoustic harassment. Surveys would be Mississippi River estuary and rivers of territorial waters and those 12-to-200 carried out by SEFSC scientists alone or the Florida Panhandle contribute to the nm offshore comprise the Exclusive in combination with Federal, state, or development and maintenance of 6 Economic Zone (EEZ), except where academic partners while some surveys major oceanic fronts. Similar to the other nations have adjacent territorial would be carried out solely by ARA, the GOMRA includes forty-seven claims. NOAA also conducts research to cooperating research partners. Surveys major estuaries, many of which support foster resource protection in state waters not conducted by SEFSC staff are numerous recreational and commercial (i.e., estuaries and oceanic waters with included here because they are funded fisheries and are home to resident 3 nm of shore). The U.S. government or have received other support (e.g., bottlenose dolphin stocks. has also entered into a number of gear) by the SEFSC. SEFSC scientists international agreements and treaties conduct fishery-independent research Caribbean Research Area related to the management of living onboard NOAA-owned and operated The CRA is the smallest of the SEFSC marine resources in international waters vessels or chartered vessels while research areas (approximately 400,000 outside of the U.S. EEZ (i.e., the high partners conduct research aboard mi2) and includes portions of the CS seas). To carry out its responsibilities NOAA, their own or chartered vessels. LME. The CS LME is a tropic sea over Federal and international waters, Table 1 provides a summary of annual bounded by North America (South Congress has enacted several statutes projects including survey name, entity Florida), Central and South America, authorizing certain Federal agencies to conducting the survey, location, gear and the Antilles chain of islands. The administer programs to manage and type, and effort. The information LME has a surface area of about 3.3 protect living marine resources. Among presented here augments the more million km2, of which 3.89 percent is these Federal agencies, NOAA has the detailed table included in the SEFSC’s protected (Heileman and Mahon 2009). primary responsibility for protecting application. In the subsequent section, It contains 7.09 percent of the world’s marine finfish and shellfish species and we describe relevant active acoustic coral reefs and 1.35 percent of the their habitats. Within NOAA, NMFS has devices, which are commonly used in world’s sea mounts. The average depth been delegated primary responsibility SEFSC survey activities. Appendix A of is 2,200 meters, with the Cayman for the science-based management, the SEFSC’s application contains Trench being the deepest part at 7,100 conservation, and protection of living detailed descriptions, pictures, and meters. Most of the Caribbean islands marine resources. diagrams of all research gear and vessels are influenced by the nutrient-poor The SEFSC conducts multi- used by the SEFSC and partners under North Equatorial Current that enters the disciplinary research programs to this proposed rulemaking.

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

Gulf of Mexico Research Area

HMS—GOM Shark SEFSC—FL Panhandle Annual Apr–Oct, 30 DAS, USCG Class I: R/V Set gillnet ...... SEFSC—16–20 sets/ Pupping & Nursery Sur- in St. Andrew Bay and (approximately 4 days/ Mokarran, R/V Pristis. month, up to 120 sets vey (GULFSPAN), St. Joseph Bay, 1–10 month), daytime oper- total. (SEFSC, USM/GCRL, m depths. ations only. UWF, FSU/CML) 1 * UWF is inactive. Mississippi Sound, 1–9 m Annual Apr–Oct, 8 DAS USCG Class I: Small Set gillnet ...... 3 sets/month, 21 sets depths. (1/month), daytime op- vessel. total. erations only. Perdido Bay, Pensacola Annual May–Sep, 10 USCG Class I: State ves- Set gillnet ...... 10 sets/month, 50 sets Bay, Choctawhatchee DAS (2/month), day- sel. total. Bay, and Santa Rosa time operations only. Sound, 1.5–6 m depths. Northwest FL state Annual ...... USCG Class I: R/V Set gillnet ...... 74 sets/yr total. waters, 0.7–7 m Naucrates. depths. (A) Apalachee Bay ...... (A) Jan–Dec, 12 DAS (1/ (A) 24 sets. month). (B) Alligator Pt.-Anclote (B) June & July, 20 DAS, (B) 50 sets. Keys. daytime operations Bottom longline. 74 sets/yr total. only. (A) 24 total. (B) 50 total. State waters of south- Annual May–Sep, 15 USCG Class I: State ves- Set gillnet ...... 16 sets/month (within two west FL within Pine Is- DAS, daytime oper- sel. designated 10 km 2 land Sound in the ations only. grids), 80 sets total. Charlotte Harbor estuary. Depth ranges 0.6– 4.6 m depth. IJA Coastal Finfish Gillnet Mississippi Sound and Annual, Jan–Dec, 24 USCG Class I: Small Sinking gillnet, shallow 8 sets/month, 96 sets Survey, (MDMR) 1. estuaries; 0.2–2 m DAS, daytime oper- vessel. deployment. total. depths. ations only. Smalltooth Sawfish Abun- Ten Thousand Islands, Annual, Mar–Nov, 56 USCG Class I: R/V Set gillnet, shallow de- ~20 sets/month, 180– dance Survey, FL backcountry region, DAS (6–7 DAS/trip), Pristis. ployment. 200 sets total. (SEFSC) 1. including areas in Ev- daytime operations erglades National Park only. and Ten Thousand Is- land National Wildlife Refuge in 0.2–1.0 m depths. Pelagic Longline Sur- U.S. GOM ...... Intermittent, Feb–May, 30 USCG R/V: R/V Oregon Pelagic longline ...... 100–125 sets. vey—GOM, (SEFSC) 1. DAS, 24 hour oper- II. CTD profiler ...... 100–125 casts. ations (set/haul anytime day or night). Shark and Red Snapper Randomly selected sites Annually, July–Sep, 60 USCG R/V: R/V Oregon Bottom longline ...... 175 sets Bottom Longline Sur- from FL to Brownsville, DAS, 24 hour oper- II, R/V Gordon Gunter;. CTD profiler and rosette 175 casts. vey-GOM, (SEFSC) 1. TX between bottom ations (set/haul any- USCG Small R/V: R/V water sampler. depths 9–366 m. time day or night). Caretta, R/V Gandy. SEAMAP—GOM Bottom AL—MS Sound, Mobile Annually, Apr–May, USCG Class III: R/V E.O. Bottom longline ...... AL—32 sets. Longline Survey, Bay, and near Dauphin June–July, Aug–Sep. Wilson, R/V Alabama MS—40. (ADCNR, USM–GCRL, Island. AL—8 DAS, day oper- Discovery, R/V De- LA—98. LDWF, TPWD) 1. MS—MS Sound, south of ations only. fender I, R/V Tom TX—20. the MS Barrier Islands, MS—16 DAS, day oper- McIlwain, RV Jim CTD Profiler ...... AL—32 casts. Chandeleur, and Bret- ations only. Franks, R/V Nueces, LA—40. on Sound, and the LA—30 DAS, day oper- R/V SanJacinto. Water quality and chem- MS—40 casts. area east of the ations only. USCG R/V: R/V Blazing istry (YSI instruments, TX—20. Chandeleur Islands. TX—10 DAS, day oper- Seven (2011–2014). Niskin bottles, turbidity LA—LA waters west of ations only. meter). the MS River. TX—near Aransas Pass and Bolivar Roads Ship Channel. IJA Biloxi Bay Beam MS state waters in Biloxi Annually, Jan–Dec, 25 USCG Class I: R/V Grav Modified beam trawl ...... 11 trawls/month, 132 Trawl Survey, Bay, 1–5 ft depths. DAS, day operations I, R/V Grav II, R/V trawls total. (MDMR) 1. only. Grav IV. IJA Inshore Finfish Trawl MS state waters from Annually, Jan–Dec, 12 USCG Class I: small ves- Otter trawl ...... 72 trawls. Survey, (MDMR) 1. Bay St. Louis, to ap- DAS, day operations sel R/V Geoship. proximately 2 miles only. south Cat Island, 5–25 ft depths. IJA Open Bay Shellfish TX state waters in Gal- Annually, Jan–Dec, 120 USCG Class I: small ves- Otter trawl ...... 90 trawls/month, 1080 Trawl Survey, (TPWD) 1. veston, Matagorda, DAS, day operations sel. trawls total. Aransas, and Corpus only. USCG Class II: R/V Trin- Water quality and chem- Christi Bays and the ity Bay, R/V Copano istry (YSI instruments, lower Laguna Madre, Bay, R/V RJ Kemp. Niskin bottles, turbidity 3–30 ft depths. meter).

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

Oceanic Deep-water U.S. GOM waters >500 Intermittent due to fund- USCG R/V: R/V Gunter, High Speed Midwater 60 trawls (2–3 per day). Trawl—GOM, m deep. ing, 20 DAS, 24 hour R/V Pisces. Trawl, Aleutian Wing (SEFSC) 1. operations. Trawl. * conducted in 2009 & CTD profiler and rosette 60 casts. 2010 and in the future water sampler. Tow speed: 0. as funding allows. Duration: 60–90 min. St. Andrew Bay Juvenile St. Andrew Bay, FL, up Annually, May–Nov, 28 USCG Class I: Boston Benthic Trawl ...... 13 trawls per week, 24 Reef Fish Trawl Sur- to 2 m depths. DAS, day operations Whaler. weeks, 312 trawls vey, (SEFSC) 1. only, (one day/week). total. Small Pelagics Trawl Sur- U.S. GOM in depths of Annually, Oct–Nov, 40 USCG R/V: R/V Gordon High-opening bottom 150–200 trawls. vey, (SEFSC) 1. 50–500 m. DAS, 24 hour oper- Gunter, R/V Pisces. trawl. ations (set/haul anytime day or night). Simrad ME70 Multi-Beam Continuous. echosounder. EK60 Multi-frequency Continuous. single-beam active acoustics. ADCP ...... Continuous. CTD profiler and rosette 250 casts. water sampler. SEAMAP–GOM Shrimp/ U.S. GOM from FL to Annually, summer (June USCG Class II: R/V Trin- Otter trawl ...... Effort evenly divided be- Groundfish Trawl Sur- Mexico in depths of & July) and fall (Oct– ity Bay, R/V Copano tween seasons unless vey, (SEFSC, FFWCC, 30–360 ft. Nov), effort evenly di- Bay, R/V RJ Kemp. noted. ADCNR, USM/GCRL, vided between sea- USCG Class III: R/V A.E. SEFSC—345 trawls LDWF) 1. sons unless noted; all Verrill, R/V Alabama (summer), 325 (fall). surveys have 24 hour Discovery, R/V Sabine FL—160 (summer only). operations-set/haul Lake, R/V Nueces, R/V AL—16–24. anytime day or night. San Jacinto, R/V San MS—60. SEFSC—80 DAS ...... Antonio, R/V LA—32. FL—20 DAS (summer Matagorda Bay. only). USCG R/V: R/V Oregon CTD profiler and ro- SEFSC—395 casts AL—6 DAS ...... II, R/V Tommy Munro, sette water sampler (summer), 305 (fall). MS—6 DAS ...... R/V Weatherbird II, R/ TPWD uses YSI FL—200 (summer only). LA—5 DAS ...... V Pelican, R/V Blazing Datasonde 6600 v2–4. AL—20. Seven (2011–2014), R/ MS—81. V Point Sur. LA—39. SEFSC BRD Evaluations, State and Federal near- Annually, May & Aug USCG Class III: R/V Western jib shrimp trawls 20 paired trawls each (SEFSC) 1. shore and offshore (one week/month), 14 Caretta. season, 40 paired waters off FL, AL, MS, DAS, night operations trawls total. and LA at depths of only. 10–35 m. Also Mis- sissippi Sound at depths of 3–6 m. SEFSC–GOM TED Eval- State and Federal near- Annually, May, Aug, & USCG Class I & II: Western jib shrimp trawls 30 paired trawls per sea- uations, (SEFSC) 1. shore and offshore Sep (one week/month), NOAA small boats. son, 90 paired trawls waters off FL, AL, MS, 21 DAS, day oper- USCG Class III: R/V total. and LA at depths of ations only. Caretta. 10–35 m. Also Mis- sissippi Sound at depths of 3–6 m. SEFSC Skimmer Trawl Conducted in Mississippi Annually until 2016 (ten- USCG Class III: R/V Skimmer trawls ...... 600 paired trawls. TED Testing, Sound, Chandeleur tative depending on Caretta. (SEFSC) 1. Sound, and Breton funding and need) Sound at depths of 2– May–Dec, 5–15 DAS/ 6 m. month, 60 DAS total, 24 hour operations-set/ haul anytime day or night. SEFSC Small Turtle TED State waters in St. An- Annually , 21 DAS, day USCG Class III: R/V Western jib shrimp trawls 100 paired trawls. Testing and Gear Eval- drews Bay, FL and off operations only. Caretta. are utilized during TED uations, (SEFSC) 1. Shell Island and/or evaluations. Panama City Beach, FL at depths of 7–10 m. IJA Biloxi Bay Seine Sur- MS state waters in Biloxi Annually, Jan–Dec, 25 USCG Class I & II: R/V Bag seine ...... 11 sets/month, 132 sets vey, (MDMR) 1. Bay, 1–5 ft depths. DAS, day operations Grav I, R/V Grav II, R/ total. only. V Grav IV, small vessel. IJA Oyster Dredge Moni- MS state waters, at com- Annually, Jan–Dec, 12 USCG Class I: R/V Oyster dredge ...... 38 tows. toring Survey, (MDMR). mercially important DAS, day operations Rookie. oyster reefs: Pass only. USCG Class II: R/V Christian Complex, Silvership. Pass Marianne Reef, Telegraph Reef and St. Joe Reef, in 5–15 ft depths.

VerDate Sep<11>2014 21:18 Feb 26, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\27FEP2.SGM 27FEP2 amozie on DSK3GDR082PROD with PROPOSALS2 6582 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Proposed Rules

TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

IJA Shoreline Shellfish TX state waters in Gal- Annually, Jan–Dec, 120 N/A ...... Bag seine ...... 100 sets/month, 1200 Bag Seine Survey, veston, Matagorda, DAS, day operations total. (TPWD) 1. Aransas, and Corpus only. Christi Bays and the lower Laguna Madre, 0–6 ft depths. Marine Mammal and Eco- Northern GOM ...... Every three years, June– USCG R/V: R/V Gordon CTD profiler and rosette 60 casts. system Assessment Sep, 60 DAS, 24 hour Gunter. water sampler. Survey-GOM, operations (set/haul (SEFSC) 1. anytime day or night). Expendable 300 units. bathythermographs. ADCP ...... Continuous. Simrad ME70 Multi-Beam Continuous. echosounder. EK60 Multi-frequency Continuous. single-beam active acoustics. Passive acoustic arrays Continuous. Northeast GOM MPA Sur- Madison-Swanson, Annually, Feb–Mar, 60 USCG Class III: R/V 4-camera array ...... 100—200 deployments vey, (SEFSC). Steamboat Lumps, and DAS, day operations Caretta. CTD Profiler ...... 100—200 casts. *Currently Inactive ...... The Edges marine re- only. serves on the West Florida Shelf. Panama City Laboratory Penscecola, FL to Cedar Annually, May–Sep, 40 USCG Class II: R/V Har- 4-camera array ...... 200 deployments. Reef Fish (Trap/Video) Key, FL. DAS, day operations old B, Survey, (SEFSC). only. USCG Class III: R/V Chevron fish trap out- 100 sets. Caretta, R/V Defender, fitted with one GoPro R/V Apalachee. video camera. CTD profiler ...... 200 casts. SEAMAP–GOM Finfish State and Federal waters AL: Annually, two inter- USCG Class III: R/V Es- Bandit gear ...... AL: 120 sets per season, Vertical Line Survey, off Alabama at sam- vals: spring (Apr/May) cape, R/V Lady Ann, 240 sets total. (ADCNR, LDWF, USM/ pling depths from 60 to and summer (July– R/V Defender I. LA: 100 sets total. GCRL). 500 ft and LA waters Sep), 9 DAS, day op- USCG R/V: R/V Blazing TX: 165 sets total. west of the Mississippi erations only. Seven (2011–2014), River across three LA and TX: Annually, Poseidon, Trident R/V depth strata (60–120 ft, April–Oct. Sabine, San Jacinto, 120–180 ft, and 180– San Antonio, Nueces, 360 ft) and selected Laguna. areas of Texas at three depth strata (33–66 ft, 66–132 ft, and 132– 495 ft). Stations are sampled during daylight hours. State and Federal waters Annually, Mar–Oct, 16 USCG Class III: R/V Jim Bandit gear ...... 15 stations/season—45 off MS. Sampling DAS (4 days/month), Franks. stations total, 3 sets depths 5–55 fathoms.. day operations only. per station, 135 sets Stations are sampled total. during daylight hours. SEAMAP–GOM Plankton State and Federal waters AL: Annually, Aug–Sep, USCG Class III: R/V A.E. Bongo net ...... AL: 6 tows. Survey, (ADCNR, off the coast of AL, 2 DAS, day operations Verrill, R/V Alabama LA: 9 tows. LDWF, USM/GCRL). MS, LA, and FL. only. Discovery, R/V MS: 20 tows. LA: Annually, June, Sep, Acadiana. Neuston net ...... AL: 6 tows. 2 DAS, day operations USCG R/V: R/V Blazing LA: 9 tows. only. Seven (2011–2014), R/ MS/FL: 20 tows. MS: Annually, May and V Point Sur; R/V De- CTD Profiler ...... AL: 6 casts. Sep, 4 DAS, 24 hour fender. LA: 9 casts. operations. MS/FL: 20 casts. SEAMAP–GOM Plankton Coastal, shelf and open Annually, Feb–Mar (win- USCG R/V: R/V Oregon Bongo net ...... 650 tows. Survey, (SEFSC). ocean waters of the ter), 30 DAS;. II, R/V Gordon Gunter, Neuston net ...... 650 tows. GOM. Apr–May (spring), 60 R/V Pisces. MOCNESS ...... 378 tows. DAS;. Methot juvenile fish net .. 126 tows. Aug–Sep (fall), 36 DAS .. CTD profiler and rosette 756 casts. 24 hour operations (set/ water sampler. haul anytime day or night). SEAMAP–GOM Reef Fish West FL shelf from 26°N Annual, July–Sep, 50 USCG Class I & II: R/V 2-camera array ...... 150 deployments. Monitoring, (FFWCC). to Dry Tortugas, FL. DAS, daylight hours. No Frills, R/V Gulf Chevron fish trap ...... 300–450 sets. Mariner, R/V Sonic, R/ CTD profiler ...... 300 casts. V Johnson, chartered fishing vessels. USCG Small R/V: R/V Bellows, R/V Apalachee. USCG R/V: R/V Weatherbird.

VerDate Sep<11>2014 21:18 Feb 26, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\27FEP2.SGM 27FEP2 amozie on DSK3GDR082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 39 / Wednesday, February 27, 2019 / Proposed Rules 6583

TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

SEAMAP–GOM Reef Fish Gulf-wide survey from Annual, Apr–July, 60 USCG Class III: R/V 4-camera array ...... 400–600 deployments. Survey, (SEFSC). Brownsville, TX to Key DAS, 24 hour oper- Caretta, R/V Gandy. Chevron trap (discon- 50–100 sets. West, FL, in depths of ations on large vessels USCG R/V: R/V Pisces, tinued use in 2013). 15–500 ft. Approxi- (cameras, traps, ban- R/V Oregon II. CTD Profiler ...... 400–600 casts. mately 7.0% of this dit—daytime only), 12 USCG R/V: Southern Bandit Reels ...... 120 sets. survey effort (458 sta- hour operations on Journey. Acoustic Doppler Current Continuous. tions) occurs within the small vessels (daytime NOAA Ship: Gordon Profiler. Florida Garden Banks only). Hunter. Simrad ME70 Multi-beam Continuous. NMS. echosounder. EK60 Multi-frequency Continuous. single-beam active acoustics. IJA Oyster Visual Moni- MS state waters, 5–15 ft Annually, Sep/Oct to Apr/ USCG Class I & II: R/V SCUBA divers ...... ∼ 20 dives. toring Survey, (MDMR). depths. May of following year, Silvership, R/V Rookie. 12 DAS, day operations only. Reef Fish Visual Census Dry Tortugas area in the Biannually, May–Sept, 25 USCG Class II & III: SCUBA divers with meter 300 stations (4 dives per Survey—Dry Tortugas, GOM, <33m deep. DAS, day operations Chartered dive vessel. sticks, 30 cm rule and station). Flower Gardens only. digital camera. (SEFSC). Tortugas Ecological Re- Tortugas South Ecologi- Biannually, summer USCG Class II & III: SCUBA divers, transect 16 stations, each station serve Survey, cal Reserve, Florida (June or July), 6 days, Chartered vessel. tape, clipboards/pencils. done 2–3 times. (SEFSC) *. Keys National Marine day and night 12 hour *Currently inactive since Sanctuary. operations. 2015.. *Survey has been discontinued since 2015.

Atlantic Research Area

ACFCMA American Eel Goose Creek Reservoir Annually, Feb–Apr, 32 USCG Class A: John Fyke net ...... 1 station per day, 40 col- Fyke Net Survey, or the Cooper River, DAS, day operations Boat—no motor, walk/ lections total. (SCDNR). near Charleston, SC, only. wade to work net. 1–7 ft depths. Thermometer ...... 32 casts. ACFCMA American Shad Santee, Edisto, Annual, Jan–Apr, (2–3 USCG Class I: R/V Ba- Drift gillnet ...... 4–5 sets/trip, 120 sets Drift Gillnet Survey, Waccamaw, trips/week), 40 DAS, teau R/V McKee Craft. total. (SCDNR) 1. Combahee Rivers, SC. day operations only. RecFIN Red Drum Tram- Coastal estuaries and riv- Annually, Jan–Dec, 120– USCG Class I: Florida Trammel net ...... 1000 sets/yr covering mel Net Survey, ers of SC in depths of 144 DAS (14–18 days/ Mullet Skiffs. 225 stations/yr. Oper- (SCDNR). 6 ft or less along month), day operations ates in 7–9 strata/ shoreline.. only. month. HMS Chesapeake Bay Chesapeake Bay and Annually, May–Oct (5 USCG Class III: R/V Bay Bottom longline ...... 50 sets. and Coastal Virginia state and Federal days/month), 30 DAS, Eagle. Hydrolab MS5 Sonde ..... 50 casts. Bottom Longline Shark waters off Virginia. day operations only. Survey, (VIMS) 1. MARMAP Reef Fish Long South Atlantic Bight (be- Annually 1996–2012 *, USCG Small R/V: R/V Bottom longline ...... 60 sets. Bottom Longline Sur- tween 27°N and 34°N, Aug–Oct, 10–20 DAS, Lady Lisa. CTD profiler ...... 60 casts. vey, (SCDNR) 1. but mostly off GA and day operations only. SC). Sampling occurs *Halted in 2012 but will in Federal waters. resume annually if Depths from ∼ 500 to funding obtained. 860 ft. MARMAP/SEAMAP–SA South Atlantic Bight (be- Annually, year-round but USCG R/V: R/V Palmetto Chevron fish trap out- 600 sets. Reef Fish Survey, tween 27°N and 34°N). primarily Apr–Oct, 70– fitted with two cameras. (SCDNR) 1. 120 DAS, day oper- *Inactive 2012–2014 ...... ations only. Bottom longline ...... 60 sets...... Bandit reels ...... 400 sets...... CTD profiler ...... 300 casts.. Pelagic Longline Survey- Cape Hatteras, NC to Intermittent, Feb–May, 30 USCG R/V: R/V Oregon Pelagic Longline ...... 100–125 sets. SA, (SEFSC) 1. Cape Canaveral, FL. DAS, 24 hour oper- II. CTD profiler ...... 100–125 casts. (See also effort con- ations (set/haul any- ducted in the GOMRA). time day or night). Shark and Red Snapper Cape Hatteras, NC to Annually, July–Sep, 60 USCG Class III: R/V Bottom longline ...... 70 sets. Bottom Longline Sur- Cape Canaveral, FL DAS, 24 hour oper- Caretta. vey-SA, (SEFSC) 1. between bottom depths ations (set/haul any- USCG R/V: R/V Oregon CTD profiler and rosette 70 casts. (See also effort con- 9–183 m. time day or night). II, R/V Gordon Gunter. water sampler. 0–20 tows. ducted in the GOMRA). Neuston and bongo effort if needed to augment SEAMAP plankton objectives.

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

SEAMAP–SA Red Drum NC: Pamlico Sound or in Annually ...... USCG Class II: 26 ft out- Bottom longline ...... NC: 75–100 sets total. Bottom Longline Sur- the nearshore waters NC: mid-July to mid-Oct board. SC: 360 sets. vey, (NCDEQ, SCDNR, of Ocracoke Inlet. (2 days/week for 12 USCG Class III: R/V GA: 200–275 sets. GDNR) 1. SC: Estuaries out to 10 weeks), 24 DAS, 12 Marguerite, R/V Silver YSI (Dissolved oxygen, NC: 75–100 casts. miles in Winyah Bay, hour operations, begin- Crescent. salinity, temperature). SC: 360 casts. Charleston Harbor, St. ning at dusk. GA: 200–275 casts. Helena Sound, and SC: Aug–Dec, day oper- Port Royal Sound. ations only 36 DAS GA: State and Federal GA: Apr–Dec (6 days/ waters off the coast of month), 54 DAS, day GA and NE FL, operations only. (∼32°05′N latitude to the north, 29°20′N latitude to the south, 80°30′W longitude to the east, and the coastline to the west.). ACFCMA Ecological Mon- Georgia state waters out Annually, Jan–Dec (7 USCG Class III: R/V Otter trawl ...... 42 trawls/month, 504 itoring Trawl Survey, to three nm, 10–35 ft days/month), 84 DAS, Anna. trawls total. (GDNR) 1. depths. day operations only. YSI 85 (Dissolved oxy- 504 casts total. gen, salinity, temperature). ACFCMA Juvenile Stage Creeks and rivers of Annually, Dec–Jan (3 USCG Class I: 19 ft Otter trawl ...... 18 trawls/month, 216 Trawl Survey, (GDNR) 1. three Georgia sound days/month), 36 DAS, Cape Horn; 25 ft trawls total. systems (Ossabaw, Al- day operations only. Parker. tamaha, and St. An- drew). YSI 85 (Dissolved oxy- 216 casts total. gen, salinity, temperature). Atlantic Striped Bass Tag- North of Cape Hatteras, Annually, Jan–Feb, 14 USCG R/V: R/V Oregon 65 ft high-opening bottom 200–350 trawls. ging Bottom Trawl Sur- NC, in state and Fed- DAS, 24 hour oper- II, R/V Cape Hatteras, trawls. vey, (USFWS) 1. eral waters, 30–120 ft ations (set/haul any- R/V Savannah. depths. time day or night). Juvenile Sport Fish Trawl Florida Bay, FL ...... Annually, May–Nov, 35 USCG Class I: R/V Otter trawl ...... ¥500 trawls. Monitoring in Florida DAS, day operations Batou. Bay, (SEFSC) 1. only. Oceanic Deep-water Southeastern U.S. Atlan- Intermittent due to fund- USCG R/V: NOAA ships High Speed Midwater 60 trawls (2–3 per day). Trawl Survey tic waters >500 m ing, 20 DAS, 24 hour Trawl, Aleutian Wing (SEFSC) 1. deep. operations (trawls may Trawl. *Currently Inactive ...... be set and retrieved day or night), *conducted as funding allows. CTD profiler and rosette 60 casts. water sampler. SEAMAP–SA NC Pamlico Pamlico Sound and the Annually, June & Sep, 20 USCG Class III: R/V Otter trawl: paired mon- 54 trawls each month, Sound Trawl Survey, Pamlico, Pungo, and DAS (10 days/month), Carolina Coast. goose-type Falcon bot- 108 trawls total. (NCDENR) 1. Neuse rivers in waters day operations only. tom trawls. ≥6 ft deep. Ponar grab ...... 54 casts each month, 108 total. YSI 556 (Dissolved oxy- 54 casts each month, gen, salinity, tempera- 108 total. ture). Secchi disk ...... 54 casts each month, 108 total. SEAMAP–SA Coastal Cape Hatteras, NC to Annually, Apr–May USCG Small R/V: R/V Otter trawl: paired mon- 300–350 trawls total, Trawl Survey, Cape Canaveral, FL in (spring), July–Aug Lady Lisa. goose-type Falcon bot- evenly divided between (SCDNR) 1. nearshore oceanic (summer), and Oct– tom trawls. seasons. waters of 15–30 ft Nov (fall), 60–65 DAS, depth. day operations only. SEABIRD electronic CTD 300–350 casts. SEFSC–SA TED Evalua- State and Federal waters Annually, Nov–Apr, 10 USCG Class III: R/V Otter trawl: Mongoose 50 paired trawls. tions, (SEFSC) 1. off Georgia and east- DAS, 24 hour oper- Georgia Bulldog. shrimp trawls. ern FL. ations-set/haul anytime day or night. In-Water Sea Turtle Re- Winyah Bay, SC to St. Annually, mid-May USCG Class III: R/V Paired flat net bottom 400–450 trawls. search (SCDNR) 1. Augustine, FL in water through late Jul to Georgia Bulldog. trawls (NMFS Turtle depths of 15–45 ft. early Aug, 24–30 DAS, USCG Small R/V: R/V Nets per Dickerson et day operations only. Lady Lisa. al. 1995) with tickler chains.

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

ACFCMA American Eel Georgia state waters in Annually. Sampling USCG Class I: 19 ft Eel traps/pots with float .. 30 stations (180 sets/ Pot Survey for Yellow- the Altamaha River monthly Nov–Apr. Cape Horn, 18 ft skiff. month; 30 traps set phase Eels, (GADNR). System. Sampling is based on water temp. each of 6 days). conducted during day- 36 DAS (6 days/ light hours. Depth month), day operations ranges from 2 to 20 ft. only. Beaufort Bridgenet Plank- Pivers Island Bridge, Annually, Nov–May None ...... Plankton net ...... 125 tows. ton Survey, (SEFSC). NOAA Beaufort facility, (some years monthly Beaufort, NC. Jan–Dec), night operations only sampling occurs once per week, n + 4 tows per night. Integrated Biscayne Bay Western shoreline of Bis- Twice annually, May–Oct USCG Class II & III ves- Human divers ...... 100 dives Ecological Assessment cayne Bay, FL. (wet season) and Nov– sels. Throw trap ...... 372 casts. and Monitoring Project Apr (dry season), 14 (IBBEAM) Project, DAS, day operations (SEFSC). only. Intraspecific Diversity in Florida Bay, Whitewater Annually, June–Aug, 16 USCG Class I: R/V Pri- Miniature roller-frame 40 trawls. Pink Shrimp Survey, Bay, Fakahatchee Bay, DAS, day operations vateer. trawl. (SEFSC). Biscayne Bay, Sanibel only. Dip net ...... 40 samples. *Currently inactive ...... shrimp fishery, Bag seine ...... 40 sets. Tortugas shrimp fishery. Marine Mammal and Eco- Southeastern U.S. Atlan- Every three years, June– USCG R/V: R/V Gordon CTD profiler and rosette 60 casts. system Assessment tic. Sep, 60 DAS, 24 hour Gunter. water sampler. Survey-SA, (SEFSC) 1. operations. Expendable 300 units. bathythermographs. Acoustic Doppler Current Continuous. Profiler. Simrad ME70 Multi-Beam Continuous. echosounder. EK60 Multi-frequency Continuous. single-beam active acoustics. Passive acoustic arrays Continuous. RecFIN Red Drum Coastal estuaries and riv- Annually, Jan–Dec, 60– USCG Class I: Small 18 ft elecrofishing boat ... 360 stations per year (30 Electrofishing Survey, ers of SC in depths of 72 DAS (5–6 days/ vessels. sites/month). (SCDNR). 6 ft or less in low salin- month), day operations ity waters (0–12 ppt). only. St. Lucie Rod-and-Reel Nearshore reef, inlet, and Annually, Jan–Dec, USCG Class I: Small Rod and reel gear ...... 468 stations per year: 3/ Fish Health Study, estuary of St. Lucie weekly, 156 DAS, day vessels. day × 3 day/wk. (SEFSC) 1. River, FL inlet system operations only. *Currently inactive ...... (Jupiter or Ft. Pierce, FL). SEAMAP–SA Gag In- In the vicinity of Annually, Mar–June, 100 USCG Class I: Small Witham collectors ...... 15 sets (4 collectors at gress Study, (SCDNR). Swansboro, NC; Wil- DAS, day operations vessels. each set), 60 sets *Inactive since 2016 ...... mington, NC; George- only. total. town, SC; Charleston, SC; Beaufort, SC; Sa- vannah, GA; and Brunswick, GA. Southeast Fishery Inde- Cape Hatteras, NC, to Annually, Apr–Oct, 30–80 USCG R/V: R/V Nancy Chevron fish trap out- 1000 deployments. pendent Survey St. Lucie Inlet, FL. DAS, 24 hour oper- Foster, R/V Pisces, R/ fitted with 2 high-defini- (SEFIS) (SEFSC) 1. Fifteen survey stations ations (cameras & V Savannah. tion video cameras. occur within Gray’s traps-daytime oper- Reef NMS. ations, acoustics—anytime day or night). CTD profiler ...... 100–200 casts. Simrad ME70 Multi-Beam Continuous. echosounder. Multi-frequency single- Continuous. beam active acoustics. U.S. South Atlantic MPA Jacksonville, FL to Cape Annually, May–Aug, 14 USCG R/V: R/V Pisces, ROV Phantom S2 vehicle 10–40 deployments. Survey, (SEFSC) 1. Fear, NC on or near DAS, 24 hour oper- R/V Nancy Foster, R/V with tether attached to the continental shelf ations (ROV daytime Spree. CTD cable. edge at depths be- operations, acoustics— CTD profiler ...... 28 casts. tween 80 and 600 m. anytime day or night). Simrad ME70 Multi-Beam Every other night for 6– echosounder. 12 hrs. EK60 Multi-frequency Every other night for 6– single-beam active 12 hrs. acoustics.

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

FL/Dry Tortugas Coral Survey area encom- Quarterly-annually, May– USCG Class I & II: small SCUBA divers with 300 dives. Reef Benthic Survey, passes Federal and Oct, 100 DAS. vessels. measuring devices, (SEFSC). territorial waters from cameras, and hand Dry Tortugas to Martin tools. County, FL. Surveys occur within the Florida Keys NMS (150 stations). Demographic Monitoring Florida Keys National 3x per year, ∼35 DAS ..... USCG Class I ...... SCUBA divers ...... 30 fixed plots. of Acropora Species, Marine Sanctuary. (SEFSC). Reef Fish Visual Census Florida Keys NMS and Annually, May–Sep, 25 USCG Class I: R/V Aldo SCUBA divers with meter 300 dives. Survey—Florida Keys/ SE Florida Shelf, <33 DAS, day operations Leopold. sticks, 30 cm rule and SE Florida Shelf, m deep. only. digital camera. (SEFSC).

Caribbean Research Area.

Caribbean Plankton Re- Caribbean and Mexican Bi-annually, Feb or June, USCG R/V: R/V Gordon Bongo net ...... 75 tows cruitment Experiment, waters. 15 DAS, 24 hour oper- Gunter, R/V Nancy MOCNESS ...... 75 tows (SEFSC). ations, anytime day or Foster. CTD profiler and rosette 75 casts. night. water sampler. Caribbean Reef Fish Sur- PR and USVI, continental Every two years, Mar– USCG R/V: R/V Pisces, Bandit Reels ...... 300 sets. vey, (SEFSC) 1. shelf waters. June, 40 DAS, 24 hour R/V Oregon II. 4-camera array ...... 150 deployments. operations. Chevron traps ...... 100 sets. CTD profiler ...... 300 casts. Simrad ME70 Multi-Beam Continuous. echosounder. Acoustic Doppler Current Continuous. Profiler. EK60 Multi-frequency Continuous. single-beam active acoustics. Marine Mammal and Eco- U.S. Caribbean Sea ...... Every three years, June– USCG R/V: R/V Gordon CTD profiler and rosette 60 casts. system Assessment Sep, 60 DAS, 24 hour Gunter. water sampler. Survey-C, (SEFSC) 1. operations-acoustics— anytime day or night. Expendable 300 units. bathythermographs Acoustic Doppler Current Continuous. Profiler. Simrad ME70 Multi-Beam Continuous. echosounder. EK60 Multi-frequency Continuous. single-beam active acoustics. Passive acoustic arrays Continuous. SEAMAP–C Reef Fish USVI and PR territorial Annually, Jan–Dec, ...... USCG Class I & III: ...... Camera array—two PR: 120 per coast total Survey (PR–DNER, and Federal waters at (Day operations only) ..... Three chartered vessels GoPro cameras and of 240. USVI–DFW). 15–300 ft depths. PR: 70 DAS for each four lasers set on an USVI: 72 per island, 144 *Began 2017 coast. aluminum frame. total. USVI: ∼30 DAS. SEAMAP–C Lane Snap- East, west, and south Annually beginning July USCG Class III: Two Bottom longline ...... 45 sets/season, 180 sets per Bottom Longline coasts of PR in terri- 2015, (summer, winter, chartered vessels. total. Survey, (PR–DNER) 1. torial and Federal fall, spring), 120 DAS waters at depths rang- (30 days/season), night ing from 15–300 ft. operations only. SEAMAP–C Yellowtail East, west, and south Annually beginning 2014, USCG Class I & III: Rod-and-reel gear ...... 120 stations (360 lines Snapper Rod-and-Reel coasts of PR in terri- (4 sampling seasons), Three chartered ves- total). Survey, (PR–DNER) 1. torial and Federal 120 DAS, night oper- sels. waters at depths rang- ations only. ing from 15–300 ft. Caribbean Coral Reef Federal and territorial Annual to triennial, May– USCG Class I & II: Small SCUBA divers with 300 dives. Benthic Survey, waters around PR, Oct, 30 DAS, day op- vessel <28 ft. measuring devices and (SEFSC). USVI, and Navassa. erations only. hand tools. Reef Fish Visual Census PR and USVI waters Annually, May–Sept, 25 USCG Class I & II: Small SCUBA divers with meter 300 dives. Survey—U.S. Carib- <100 ft deep. DAS, day operations vessel <24 ft. sticks, 30 cm rule and bean, (SEFSC). only. digital camera. SEAMAP–C Queen PR and USVI territorial Annually, ...... USCG Class I & III: SCUBA divers, SCUBA PR: 100 dives. Conch Visual Survey, waters in 10–90 ft PR: July–Nov, 35 DAS ... Three chartered ves- gear and underwater USVI: 62 dives. (PR–DNER, USVI– depths, some sampling USVI: June–Oct, 62 sels. scooters. DFW). occurs in Federal DAS, day operation waters. only. SEAMAP–C Spiny Lob- PR territorial waters in 6– Every four years ...... USCG Class I & III: Fifty-six modified Witham 6 stations along the west ster Post Larvae Settle- 90 ft depths. West cost of PR: Jan– Three chartered ves- pueruli collectors. coast platform per ment Surveys, (PR– Dec, 84 DAS. sels. depth and distance DNER). R/V Erdman. from the shoreline.

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TABLE 1—SUMMARY DESCRIPTION OF FISHERIES AND ECOSYSTEM RESEARCH ACTIVITIES CONDUCTED OR FUNDED BY THE SEFSC IN THE GOMRA, ARA, AND CRA—Continued

Season, frequency, Survey name General area of yearly days at sea Vessel used Gear used Number of stations (research agency) operation (DAS)

SEAMAP–C Spiny Lob- PR and USVI territorial Annually, ...... USCG Class I & III: Juvenile lobster artificial 10 shelters, continuous ster Artificial Habitat waters in 6–90 ft PR: Jan–Dec, 84 DAS ... Three chartered ves- shelters. deployment. Survey, (PR–DNER, depths. USVI: Jan–Dec, 20 DAS, sels. SCUBA divers, SCUBA PR: 60 dives. USVI–DFW). day operations only. gear and underwater USVI: 20 dives. scooters. 1 These surveys have the potential to take marine mammals through M/SI and/or Level B harassment. * Inactive projects are currently not conducted but could resume if funds became available.

Gillnets—A gillnet is a wall of netting calls for a short, 10 minute soak time capture target species at or near the that hangs in the water column, before the net is hauled. seafloor. Skimmer trawls are used at the typically made of monofilament or A total of six survey programs (3 in surface. Contrary to skimmer trawls, multifilament nylon. Mesh sizes are GOMRA, 3 in ARA) utilize gillnets to bottom trawls are not usually visible designed to allow fish to get only their accomplish the SEFSC’s research after they are deployed because they head through the netting, but not their objectives (see Table 1–1 in SEFSC’s operate at or near the sea floor and the body. The fish’s gills then get caught in application). In total, 545 set gillnet optical properties of the water limit the the mesh as the fish tries to back out of deployments and 96 sinking gillnet ability to see the bottom from the the net. A variety of regulations and deployments would be made in the surface. Pelagic trawls are designed to factors determine the mesh size, length, GOMRA, primarily in bays, sounds, and operate at various depths within the and height of commercial gillnets, estuaries. These surveys occur year- water column and are most commonly including area fished and target species. round and each set typically lasts up to set at the surface or mid-water depths. Gillnets can be fished floating or 1 hour with the exception of the gillnets The trawl gear may be constructed and sinking, and stationary or drifting. Set fished in shallow waters (0.2 to 1 m) for rigged for various target species and to gillnets are attached to poles fixed in the the Smalltooth Sawfish Abundance operate over different types of bottom substrate or an anchor system to prevent Survey which can last 1 to 4 hours. In surfaces. movement of the net (i.e., stationary) the ARA, 120 drift gillnet sets would be Trawls typically used in estuaries while drift gillnets are free-flowing but deployed in rivers and estuaries for the include semi-balloon shrimp trawls kept afloat at the proper depth using a American Shad Drift Gillnet Survey (fished near creeks and rivers of Georgia system of weights and buoys attached to conducted by the SCDNR. Sound) and miniature roller-frame the headrope, footrope, or floatline. Trawl nets—A trawl is a funnel- trawls (fished at various South Florida shaped net towed behind a boat to estuaries). In coastal waters, the types of A trammel net is a type of gillnet. capture fish. The codend (or bag) is the trawls (and operating depths) SEFSC However, unlike single wall gillnets, fine-meshed portion of the net most and partners typically use include which will catch a narrow range of fish distant from the towing vessel where modified beam trawls (1–5 ft), otter sizes, a trammel net is a type of gillnet fish and other organisms larger than the trawls (3–360 ft), benthic trawls (up to that will catch a wide variety of fish mesh size are retained. In contrast to 7 ft), western jib shrimp trawls (10–20 sizes. Essentially, a trammel net is three commercial fishery operations, which ft), and skimmer trawls (7–20 ft). layers of netting tied together on a generally use larger mesh to capture Typical offshore trawls (and operating common floatline and common leadline. marketable fish, research trawls often depths) include high speed midwater The two outer layers of netting (known use smaller mesh to enable estimates of trawls (> 1,600 ft), Aleutian wing trawls as walls or brails) are constructed out of the size and age distributions of fish in (> 1,600 ft), and high-opening bottom large mesh netting (12 in to 18 in a particular area. The body of a trawl net trawls (160 to 1,600 ft). square) with a twine size of #9 is generally constructed of relatively All trawls have a lazy line attached to multifilament nylon or 0.81 millimeter coarse mesh that functions to gather the codend. The lazy line floats free (mm) to 0.90 mm monofilament. The schooling fish so that they can be during active trawling, and as the net is light-weight or fine netting sandwiched collected in the codend. The opening of hauled back, it is retrieved with a boat- between the two walls is usually small the net, called the mouth, is extended or grappling-hook to assist in guiding mesh multifilament or monofilament horizontally by large panels of wide and emptying the trawl nets. Twisted, gill netting. Trammel nets have a large mesh called wings. The mouth of the three-strand, polypropylene is the most amount of lightweight gill netting hung net is held open by hydrodynamic force commonly used type of rope for lazy in the nets, and fish will be caught by exerted on the trawl doors attached to lines due to cost, strength, handling, gilling or by tangling in the excess the wings of the net. As the net is towed and low specific gravity (0.91), which netting. through the water, the force of the water allows it to float. Trammel nets are only used by the spreads the trawl doors horizontally Active acoustic devices (described SCDNR in the ARA. The SCDNR sets apart. The top of a net is called the later) incorporated into the research trammel nets in depths of 6 ft or less headrope, and the bottom is called the vessel and the trawl gear monitor the along a shoreline. Scientists monitor the footrope. position and status of the net, speed of immediate area 15 minutes prior to The SEFSC uses several types of trawl the tow, and other variables important deploying the gear. Before the net is set, nets: Aleutian Wing Trawl, otter trawls, to the research design. Gear details, while the net is being deployed, during semi-balloon shrimp trawl, mongoose schematics, and photos associated with the soak, and during haulback, the trawl, western jib shrimp trawls, each of these trawl net categories can be scientists monitor the net and waters skimmer trawls, roller frame trawl, and found in Table 1–1 of the SEFSC’s around the net, maintaining a lookout modified beam trawl. Bottom trawls application and Appendix A of the for protected species. Survey protocol (e.g., shrimp trawls) are designed to SEFSC’s Draft PEA.

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For research purposes, the speed and Plankton sampling nets usually consist edge of the dredge is a long bar with duration of the tow and the of fine mesh attached to a weighted teeth that are dragged on the seafloor to characteristics of the net must be frame. The frame spreads the mouth of pick up oysters and deposit them into standardized to allow meaningful the net to cover a known surface area. the chain mesh netting. The oyster comparisons of data collected at 1. Bongo nets are used by the SEFSC dredge used for the Mississippi different times and locations. Typically, during various plankton surveys Department of Marine Resource Oyster tow speed ranges from 2–4 knots (kts) conducted throughout the three research surveys consists of a nine-tooth bar while duration can range from thirty areas. Bongo nets are also used to collect about 20 inches wide with teeth 4 in. seconds to 3 hours at target depth; additional data during shark and finfish long and spaced 2 in. apart. There are however most trawls last less than 30 surveys. Bongo nets consist of two no documented takes of marine minutes. The shorter trawls (30 seconds cylindrical nets that come in various mammals incidental to SEFSC research to 30 minutes) occur in estuaries and diameters and fine mesh sizes (Figure using oyster dredges. coastal waters less than 500 meters in A–13). The bongo nets are towed Hook and Line Gear—A variety of depth while the longer trawls (1–3 through the water at an oblique angle to SEFSC surveys use hook-and-line gears hours) are reserved for offshore, sample plankton over a range of depths. to sample fish either in the water deepwater research. The only During each plankton tow, the bongo column or in benthic environments. exceptions to this are the BRD nets are deployed to a depth of These gear types include baited hooks Evaluation Survey designed to test approximately 210 m and are then deployed on longlines as well as rod- various gear for the shrimp fishery in retrieved at a controlled rate so that the and-reel and bandit gear deployments. the Gulf of Mexico and the SEFSC- volume of water sampled is uniform 1. Longline—Longlines are basically South Atlantic (SA) Turtle Exclusion across the range of depths. In shallow strings of baited hooks that are either Device (TED) Evaluation Survey areas, the sampling protocol is adjusted anchored to the bottom, for targeting designed to test bycatch reduction to prevent contact between the bongo groundfish, or are free-floating, for devices and TEDs for commercial nets and the seafloor. A collecting targeting pelagic species and represent a fishing vessels in the Atlantic Ocean. A bucket, attached to the end of the net, passive fishing technique. Pelagic total of 40 paired BRD Evaluation is used to contain the plankton sample. longlines, which notionally fish near the Survey trawls occur annually in May When the net is retrieved, the collecting surface with the use of floats, may be and August in state and Federal bucket can be detached and easily deployed in such a way as to fish at nearshore and offshore waters, transported to a laboratory. Some bongo different depths in the water column. including Mississippi Sound. Each nets can be opened and closed using For example, deep-set longlines trawl can last up to 2 hours. Fifty paired remote control to enable the collection targeting tuna may have a target depth SEFSC–SA TED Evaluation Survey of samples from particular depth ranges. of 400 m, while a shallow-set longline trawls occur annually from November A group of depth-specific bongo net targeting swordfish is set at 30–90 m through April in state and Federal samples can be used to establish the depth. We refer here to bottom and waters off Georgia and Florida, and each vertical distribution of zooplankton pelagic longlines. Any longline trawl can last up to 4 hours. species in the water column at a site. generally consists of a mainline from Bag seines—Bag seines used in the Bongo nets are generally used to collect which leader lines (gangions) with GOMRA during the Inter-jurisdictional zooplankton for research purposes and baited hooks branch off at a specified Fisheries Act (IJA) Biloxi Bay Seine are not used for commercial harvest. interval and is left to passively fish, or Survey and IJA Shoreline Shellfish Bag There are no documented takes of soak, for a set period of time before the Seine Survey are 50–60 feet long with marine mammals incidental to SEFSC vessel returns to retrieve the gear. 6 ft deep lateral wings (1⁄2 in stretch research using bongo nets. Longlines are marked by two or more nylon multifilament mesh) and 6 ft wide 2. Neuston net—Neuston nets are floats that act as visual markers and may central bag. They are both fished by used to collect zooplankton that lives in also carry radio beacons; aids to hand with the Biloxi Bay survey having the top few centimeters of the sea detection are of particular importance a 20 minute soak time and the shoreline surface (the neuston layer). This for pelagic longlines, which may drift a survey having a 2–3 minute soak time. specialized net has a rectangular mouth significant distance from the Bag seines used in the Intraspecific opening (usually 2 or 3 times as wide as deployment location. Pelagic longlines Diversity Pink Shrimp Survey (also in deep, i.e. 60 cm by 20 cm). They are are generally composed of various the GOMRA) are 9 ft long and taper generally towed half submerged at 1–2 diameter monofilament line and are from 50 to 10 in at the closed codend. kts from the side of the vessel on a boom generally much longer, and with more Bag seines and similar gear are not to avoid the ship’s wake. There are no hooks, than are bottom longlines. considered to pose any risk to protected documented takes of marine mammals Bottom longlines may be of species because of their small size, slow incidental to SEFSC research using monofilament or multifilament natural deployment speeds, and/or structural bongo nets. or synthetic lines. details of the gear and are therefore not 3. Other small nets—The SEFSC also Longline vessels fish with baited subject to specific mitigation measures. uses Methot juvenile fish nets, Multiple hooks attached to a mainline (or However, the officer on watch and crew Opening/Closing Net and groundline). The length of the longline monitor for any unusual circumstances Environmental Sensing System and the number of hooks depend on the that may arise at a sampling site and use (MOCNESS), and bag seines. A species targeted, the size of the vessel, their professional judgment and complete description of this gear and and the purpose of the fishing activity. discretion to avoid any potential risks to SEFSC operational protocols can be Hooks are attached to the mainline by marine mammals during deployment of found in Appendix A of the SEFSC’s another thinner line called a gangion. all research equipment. Draft PEA. There are no documented The length of the gangion and the Plankton nets—SEFSC research takes of marine mammals and NMFS distance between gangions depends on activities include the use of several incidental to research using this gear. the purpose of the fishing activity. plankton sampling nets that employ Oyster Dredge—Oyster dredges are Depending on the fishery, longline gear very small mesh to sample plankton constructed from a metal frame with can be deployed on the seafloor (bottom from various parts of the water column. metal chain netting. Along the front longline), in which case weights are

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attached to the mainline, or near the wings that are 18.8 x 9 feet and bag City Reef Fish survey to help conduct surface of the water (pelagic longline), netting of 700 micron mesh. line surveys and identify cryptic and in which case buoys are attached to the 2. Chevron traps, shrimp cages, eel rare fish species in the Gulf of Mexico. mainline to provide flotation and keep traps and throw traps—Chevron fish Description of Active Acoustic Sound the baited hooks suspended in the traps are wire mesh fish cages that are Sources—A wide range of active water. used to sample fish populations (Figure acoustic devices are used in SEFSC Target species for pelagic longline A–23). The SEFSC uses several different fisheries surveys for remotely sensing surveys conducted by the SEFSC are chevron fish traps of various bathymetric, oceanographic, and pelagic sharks and finfish species. These dimensions that are baited to attract biological features of the environment. pelagic longline protocols have a five- target species. Shrimp cages come in Most of these sources involve relatively nautical mile mainline with 100 various shapes and are constructed of 1- high frequency, directional, and brief gangions. The time period between inch PVC poles that were oriented repeated signals tuned to provide completing deployment and starting vertically attached to two fiberglass sufficient focus and resolution on retrieval of the longline gear is referred hoops and wrapped in 2mm mesh specific objects. SEFSC active acoustic to as the soak time. Soak time is an netting. They work by being lowered sources include various echosounders important parameter for calculating from a vessel or shore onto the bottom (e.g., multibeam systems), scientific fishing effort and is typically three of the sea floor where they are baited sonar systems, positional sonars (e.g., hours for SEFSC surveys. Short soak and left for a certain amount of time and net sounders for determining trawl times can help reduce longline then later retrieved. The SEFSC uses 16 position), and environmental sensors 1 interactions with sea turtles and marine x 20 x 11 inch eel traps with ⁄2-inch (e.g., current profilers). The SEFSC also mammals. Bottom longlines used by the metal mesh. The openings for the uses passive listening sensors (i.e., SEFSC to survey species in deeper internal funnels are 2 x 3 inches and the remotely and passively detecting sound water, including sablefish, have a one- trap is baited with horseshoe crabs and rather than producing it), which do not mile long monofilament mainline that is shrimp heads. Throw traps are small have the potential to impact marine anchored on the seafloor with weights at open ended boxes of aluminum with 1 mammals. 2 the mid-point and ends. The line is m walls and a depth of 45 cm. Research Underwater acoustic sources typically marked at the surface by radar high using any of these traps or cages has used for scientific purposes operate by creating an oscillatory overpressure flyers. little to no potential to result in marine through rapid vibration of a surface, 2. Bandit Reels—Bandit reels are mammal harassment. Conductivity, temperature, and depth using either electromagnetic forces or heavy duty fishing reels that are used profilers (CTD)—A CTD profiler the piezoelectric effect of some for deep sea fishing. These are used by measures these parameters and is the materials. A vibratory source based on the SEFSC to sample fish in the primary research tool for determining the piezoelectric effect is commonly nearshore reef inlet and estuary of the chemical and physical properties of referred to as a transducer. Transducers St. Lucie River, Florida. The SEFSC uses seawater. A CTD profiler may be a fairly are usually designed to excite an a bandit reel with a vertical mainline small device or it may be deployed with acoustic wave of a specific frequency, and 10 gangions that is either deployed a variety of other oceanographic sensors often in a highly directive beam, with from the vessel and marked at the and water sampling devices in a large (1 the directional capability increasing surface by a buoy or is fished while to 2 meter diameter) metal rosette with operating frequency. The main maintaining an attachment to the reel. wheel. The CTD profiler is lowered parameter characterizing directivity is The hook sizes used are 8/0, 11/0, or 15/ through the water column on a cable, the beam width, defined as the angle 0 circle hooks with 0 offset. and CTD data are collected either within subtended by diametrically opposite Traps and pots—Traps and pots are the device or via a cable connecting to ‘‘half power’’ (-3 dB) points of the main submerged, three-dimensional devices, the ship. The data from a suite of lobe. For different transducers at a often baited, that permit organisms to samples collected at different depths are single operating frequency, the beam enter the enclosure but make escape often called a depth profile, and are width can vary from 180 ° (almost extremely difficult or impossible. Most plotted with the value of the variable of omnidirectional) to only a few degrees. traps are attached by a rope to a buoy interest on the x-axis and the water Transducers are usually produced with on the surface of the water and may be depth on the y-axis. Depth profiles for either circular or rectangular active deployed in series. The trap entrance different variables can be compared in surfaces. For circular transducers, the can be regulated to control the order to glean information about beam width in the horizontal plane maximum size of animal that can enter, physical, chemical, and biological (assuming a downward pointing main and the size of the mesh in the body of processes occurring in the water beam) is equal in all directions, whereas the trap can regulate the minimum size column. rectangular transducers produce more that is retained. In general, the species Remotely Operated Vehicle—The complex beam patterns with variable caught depends on the type and Super Phantom S2 (Figure A–26) is a beam width in the horizontal plane. In characteristics of the pot or trap used. powerful, versatile remotely operated general, the more narrow the beam, the The SEFSC uses fyke nets and various vehicle (ROV) with high reliability and shorter distance to which the sound types of small traps and cages. mobility. This light weight system can propagates. 1. Fyke nets—A fyke net is a fish trap be deployed by two operators and is The types of active sources employed that consists of cylindrical or cone- designed as an underwater platform in fisheries acoustic research and shaped netting bags that are mounted on which provides support services monitoring may be considered in two rings or other rigid structures and fixed including color video, digital still broad categories here (Category 1 and on the bottom by anchors, ballast or photography, navigation instruments, Category 2), based largely on their stakes (Figure A–19). Fyke traps are laser scaling device, lights, position respective operating frequency (i.e., often outfitted with wings and/or information of the ROV and support within or outside the known audible leaders to guide fish towards the ship, vehicle heading, vehicle depth, range of marine species) and other entrance of the bags. The Fyke nets used and a powered tilt platform. The Mini output characteristics (e.g., signal by the SEFSC are constructed with ROV is used during the SEFSC Panama duration, directivity). As described

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below, these operating characteristics reaction by marine mammals to acoustic detected by odontocete cetaceans and result in differing potential for acoustic signals at frequencies above 180 kHz. high frequency specialists. Category 2 impacts on marine mammals. These studies generally indicate only sources are described further in detail Before identifying the active acoustic that sub-harmonics could be detectable below because, unlike Category 1 sources used by the SEFSC, we further by certain species at distances up to sources, they have the potential to take describe scientific sonar sound source several hundred meters. However, this a marine mammal by Level B characteristics here relevant to our detectability is in reference to ambient (behavioral) harassment. analysis. Specifically, we look at the noise, not any harassment threshold for The acoustic system used during a following two ways to characterize assessing the potential for Level B particular survey is optimized for sound: By its temporal (continuous or incidental take for these sources. Source surveying under specific environmental intermittent) and its pulse properties levels of the secondary peaks conditions (e.g., depth and bottom type). (i.e., impulsive or non-impulsive). considered in these studies—those Lower frequencies of sound travel Continuous sounds are those whose within the hearing range of some marine further in the water than in air but sound pressure level remains above that mammals—range from 135–166 dB, provide lower resolution (i.e., are less of the ambient sound, with negligibly meaning that these sub-harmonics precise). Pulse width and power may small fluctuations in level (NIOSH, would either be below the threshold for also be adjusted in the field to 1998; ANSI, 2005), while intermittent behavioral harassment (160 dB) or accommodate a variety of sounds are defined as sounds with would attenuate to such a level within environmental conditions. Signals with interrupted levels of low or no sound a few meters. Beyond these important a relatively long pulse width travel (NIOSH, 1998). study details, these high-frequency (i.e., further and are received more clearly by Sounds can also be characterized as Category 1) sources and any energy they the transducer (i.e., good signal-to-noise either impulsive or non-impulsive. may produce below the primary ratio) but have a lower range resolution. Impulsive sounds are typically frequency that could be audible to Shorter pulses provide higher range transient, brief (< 1 sec), broadband, and marine mammals would be dominated resolution and can detect smaller and consist of a high peak pressure with by a few primary sources that are more closely spaced objects in the rapid rise time and rapid decay (ANSI, operated near-continuously, and the water. Similarly, higher power settings 1986; NIOSH, 1998). Impulsive sounds, potential range above threshold would may decrease the utility of collected by definition, are intermittent. Non- be so small as to essentially discount data. Power level is also adjusted impulsive sounds can be broadband, them. Therefore, Category 1 sources are according to bottom type, as some narrowband or tonal, brief or prolonged, not expected to have any effect on bottom types have a stronger return and and typically do not have a high peak marine mammals and are not require less power to produce data of sound pressure with rapid rise/decay considered further in this document. sufficient quality. Power is typically set time that impulsive sounds do (ANSI Category 2 acoustic sources, which to the lowest level possible in order to 1995; NIOSH 1998). Non-impulsive would be present on many vessels receive a clear return with the best data. sounds can be intermittent or operating under this rulemaking include Survey vessels may be equipped with continuous. Scientific sonars, such as a variety of single, dual, and multi-beam multiple acoustic systems; each system the ones used by the SEFSC, are echosounders (many with a variety of has different advantages that may be characterized as intermittent and non- modes), sources used to determine the utilized depending on the specific impulsive. Discussion on the orientation of trawl nets, and several survey area or purpose. In addition, appropriate harassment threshold current profilers with lower output many systems may be operated at one of associated with these types of sources frequencies than Category 1 sources. two frequencies or at a range of based on these characteristics can be Category 2 active acoustic sources have frequencies. Characteristics of these found in the Estimated Take section. moderate to high output frequencies (10 sources are summarized in Table 2. Category 1 active fisheries acoustic to 180 kHz) that are generally within the 1. Multi-Frequency Narrow Beam sources include those with high output functional hearing range of marine Scientific Echosounders (Simrad frequencies (>180 kHz) that are outside mammals and therefore have the EK60)—Echosounders and sonars work the known functional hearing capability potential to cause behavioral by transmitting acoustic pulses into the of any marine mammal. Example harassment. However, while likely water that travel through the water Category 1 sources include short range potentially audible to certain species, column, reflect off the seafloor, and echosounders and acoustic Doppler these sources have generally short ping return to the receiver. Water depth is current profilers). These sources also durations and are typically highly measured by multiplying the time generally have short duration signals directional (i.e., narrow beam width) to elapsed by the speed of sound in water and highly directional beam patterns, serve their intended purpose of (assuming accurate sound speed meaning that any individual marine mapping specific objects, depths, or measurement for the entire signal path), mammal would be unlikely to even environmental features. These while the returning signal itself carries detect a signal. characteristics reduce the likelihood information allowing ‘‘visualization’’ of While sounds that are above the and or spatial extent of an animal the seafloor. Multi-frequency split-beam functional hearing range of marine receiving or perceiving the signal. In sensors are deployed from SEFSC animals may be audible if sufficiently addition, sources with relatively lower survey vessels to acoustically map the loud (e.g., M

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acoustic survey activity, ranging from horizontally in the water column as well waves it receives is called the Doppler studies of small plankton to large fish as straight down. Multibeam shift. The instrument uses this shift to schools in a variety of environments echosounders and sonars are used for calculate how fast the particle and the from shallow coastal waters to deep mapping seafloor bathymetry, water around it are moving. Sound ocean basins. Simultaneous use of estimating fish biomass, characterizing waves that hit particles far from the several discrete echosounder fish schools, and studying fish behavior. profiler take longer to come back than frequencies facilitates accurate estimates The multi-beam echosounders used by waves that strike close by. By measuring of the size of individual fish and can the SEFSC emit frequencies in the 70– the time it takes for the waves to return also be used for species identification 120 kHz range. to the sensor and the Doppler shift, the based on differences in frequency- 3. Acoustic Doppler Current Profiler profiler can measure current speed at dependent acoustic backscattering (ADCP)—An ADCP is a type of sonar many different depths with each series between species. The SEFSC uses used for measuring water current of pings (WHOI 2011). devices that transmit and receive at six velocities simultaneously at a range of frequencies from 18 to 333 kHz. depths. It can be mounted to a mooring 4. Trawl Monitoring Systems (Simrad 2. Multibeam Echosounder and or to the bottom of a boat. The ADCP ITI)—Trawl monitoring systems allow Sonars (Simrad ME70, MS70, SX90)— works by transmitting ‘‘pings’’ of sound continuous monitoring of net Multi-beam echosounders and sonars at a constant frequency into the water. dimensions during towing to assess work by transmitting acoustic pulses As the sound waves travel, they ricochet consistency, maintain quality control, into the water then measuring the time off particles suspended in the moving and provide swept area for biomass required for the pulses to reflect and water and reflect back to the instrument calculations. Transponders are typically return to the receiver and the angle of (WHOI 2011). Sound waves bounced located in various positions on the trawl the reflected signal. However, the use of back from a particle moving away from or cables connecting the trawl to the multiple acoustic ‘‘beams’’ allows the profiler have a slightly lowered ship. Data are monitored in real time to coverage of a greater area compared to frequency when they return and make adjustments in ship speed or single beam sonar. The sensor arrays for particles moving toward the instrument depth of trawl to meet survey protocols. multibeam echosounders and sonars are send back higher frequency waves. The This system operates in the 27- 33 kHz usually mounted on the keel of the difference in frequency between the range, below the functional hearing vessel and have the ability to look waves the profiler sends out and the range of all marine mammals. TABLE 2—OPERATING CHARACTERISTICS OF SEFSC ACTIVE ACOUSTIC SOURCES

Effective exposure Effective exposure Operating Maximum source area: area: Active acoustic system frequencies level (dB re: 1μPa Nominal beamwidth Sea surface to Sea surface to (kHz) @1 m) 200 m depth 160 dB threshold (km2) depth (km2)

Simrad EK60 narrow beam echosounder ...... 18, 38, 70, 224 11 ° @18 kHz, 7 ° @38 kHz 0.0142 0.1411 120, 200*, 333* Simrad ME70 multibeam echosounder ...... 70–120 205 140 ° 0.0201 0.0201 Teledyne RD Instruments ADCP, Ocean Sur- veyor ...... 75 223.6 N/A 0.0086 0.0187 Simrad EQ50 ...... 50, 200* 210 16 @50kHz, 7 @200kHz 0.0075 0.008 Simrad ITI Trawl Monitoring System ...... 27–33 <200 40 ° × 100 ° 0.0032 0.0032 * Devices working at this frequency is outside of known marine mammal hearing range and is not considered to have the potential to result in marine mammal harassment.

SEFSC Vessels Used for Survey all vessels over 65 ft used during Texas Water Development Board, and Activities fisheries research. Texas Commission on Environmental Quality), universities, non-governmental The SEFSC and its research partners TPWD Gillnet Research organizations, and the private sector. use a variety of different types and sizes TPWD conducts a long-term The current sampling protocol began of vessels to meet their needs and standardized fishery-independent in the spring of 1983 for seven of the ten objectives. Vessels may be owned and monitoring program to assess the bay systems; the remaining three bay operated by NMFS, owned and operated relative abundance and size of finfish systems were gradually added. The by the cooperative partners, or and shellfish in Texas bays. TPWD is number of gill net sets was standardized chartered. Vessels vary in size, mandated by the Texas Legislature to in 1985. The monitoring program including, small fishing vessels (U.S. conduct continuous research and study utilizes a stratified random sample Coast Guard [USCG] Class A—up to 16 the supply, economic value, design, with each bay system as an ft. and Class I—16 to <26 ft.), medium environment, and breeding habits of the independent stratum. Gill net sample vessels (USCG Class II—26 to <40 ft. various species of finfish, shrimp and locations are randomly selected from and Class III—40 to 65 ft.), USCG Small oysters under Parks and Wildlife Code grids (1 minute latitude by 1 minute Research Vessel (R/V) (>65 ft. and <300 sections 66.217, 76.302 and 77.004. longitude), with each selected grid gross tons) and USCG Research Vessel Results from this program are primarily further subdivided into 144 5-second (R/V) (>65 ft. and >300 gross tons). used by the agency to manage Texas’ gridlets. Sample sites are then randomly Several Motor Vessels (M/V) >65 feet marine finfish and shellfish resources. selected from gridlets containing less and USCG Research Vessels are also Data are also available for use by other than 15.2 m of shoreline. chartered and used by partner agencies. agencies (e.g., USFWS, Gulf of Mexico TPWD utilizes gill nets to conduct Please see Appendix A of the SEFSC’s Fishery Management Council, Gulf fishery-independent modeling on Draft PEA for detailed information on States Marine Fisheries Commission, relative abundance, diversity, and age

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and size distributions of adult and the net, TPWD pulls it as taut as visually and many observations are subadult finfish in Texas waters. possible with one person pulling on the ambiguous. For example, NMFS’ Samples collected also provide data for net while the anchor is set. Atlantic SARs assess Mesoplodon spp. genetic, life history and age and growth Gill nets are set overnight during each and Kogia spp. as guilds. Here, we analyses. Statistically, gill nets provide spring and fall season. The spring consider pilot whales, beaked whales for the lowest variability and the best season begins with the second full week (excluding the northern bottlenose fishery-independent measure of adult in April and extends for ten weeks. The whale), and Kogia spp. as guilds. That and subadult finfish abundance with a fall season begins with the second full is, where not otherwise specified, low coefficient of variation for most week in September and extends for ten references to ‘‘pilot whales’’ includes species requiring a low sample size. weeks. Nets are set within one hour both the long-finned and short-finned Standardized sampling methods have before sunset and retrieved within 4 pilot whale, ‘‘beaked whales’’ includes low operational bias allowing hours after the following sunrise. Soak the Cuvier’s, Blainville’s, Gervais, comparison between and among bay times vary from approximately 12–14 Sowerby’s, and True’s beaked whales, systems and years. hours. Gill nets are set overnight to and ‘‘Kogia spp.’’ includes both the Gill nets are typically set in shallow eliminate day-use disturbances (boaters dwarf and pygmy sperm whale. open bay systems with little to no tidal running the shoreline) that can alter Table 3a lists all species (n = 33) with movement. In this type of system, long normal fish behavior and movement expected potential for occurrence in gill net soak times are needed to catch patterns, reduce the amount of ARA, GOMRA, and CRA and a statistically-significant number of fish. disturbance by and to anglers and summarizes information related to the The average number of fish caught in boaters (user conflicts), and increase population or stock, including the overnight gill net sets is 90 fish per boater safety (reduced likelihood of regulatory status under the MMPA and gill net which equates to 1 fish per 27 striking nets). TPWD sets two to three ESA and potential biological removal ft2 or 6.7 ± 0.07 fish per hour (CPUE) of nets on two separate nights for each of (PBR), where known. PBR is defined by all species per hour. CPUE for two the 10 bay systems where they fish the MMPA as the maximum number of important recreational species, red which are separated by at least 1 km and animals, not including natural drum and spotted seatrout, is 0.97 ± .02 usually miles apart. No more than one mortalities, that may be removed from a and 0.68 ± .01 respectively. gill net is set in the same grid on the marine mammal stock while allowing Each gillnet is 183 m (600 ft) long, 1.2 same night, nor set more than two times that stock to reach or maintain its m (3 ft) deep, and comprised of four 45 in the same grid in a season. Fishing optimum sustainable population (as m (150 ft) long panels. Each panel is a effort is evenly distributed between described in NMFS’ SARs). The use of different sized mesh: 7.6 cm (3 in.), 10.2 spring and fall season. Up to 90 sets per PBR in this analysis is described in later cm (4 in.), 12.7 cm (5 in.), and 15.2 cm area could occur each year the proposed detail in the Negligible Impact Analyses (6 in.) to capture different sized fish. regulations would be valid. This and Determination section. Excluding Each panel is sewn to the next panel; sampling rate proposed for the next five bottlenose dolphins, species with therefore, there are no gaps between years is identical to past sampling potential occurrence in the ARA and panels. Currently, the float line and net efforts. GOMRA constitute 56 managed stocks mesh are tied together at 8 in. intervals. under the MMPA. Bottlenose dolphins Description of Marine Mammals in the This results in a 6–8 in gap between the contribute an additional 17 stocks in the Area of the Specified Activity float line and the mesh when the net is ARA (1 offshore, 5 coastal, and 11 set. TPWD will modify this design so Sections 3 and 4 of the SEFSC’s estuarine), 36 stocks in the GOMRA (1 that the float line and net mesh are tied application summarize available offshore, 1 continental shelf, 3 coastal, together at 4 in. intervals. This will information regarding status and trends, and 31 bays, sounds, and estuaries reduce the gap to approximately one to distribution and habitat preferences, (BSE)), and 1 stock in the CRA for a total two inches. This gear modification and behavior and life history, of the of 54 bottlenose dolphin stocks. In total, would also be done for the lead line to potentially affected species. Additional 110 stocks have the potential to occur in reduce gaps between the lead line and information regarding population trends the SEFSC research area. net mesh. Reducing gaps between the and threats may be found in NMFS’ Species that could occur in a given lines and mesh are designed to Stock Assessment Reports (SAR; https:// research area but are not expected to minimize the potential of a dolphin www.fisheries.noaa.gov/national/ have the potential for interaction with getting its pectoral fins or flukes caught marine-mammal-protection/marine- SEFSC research gear or that are not in these gaps. mammal-stock-assessment-reports- likely to be harassed by SEFSC’s use of Gill nets are set perpendicular to the region) and more general information active acoustic devices are listed here shoreline with the smaller mesh end (3″ about these species (e.g., physical and but omitted from further analysis. These mesh panel) of the net anchored to the behavioral descriptions) may be found include extralimital species, which are shoreline and the progressively larger on NMFS’ website (https:// species that do not normally occur in a mesh (up to 6″ mesh panel) extending www.fisheries.noaa.gov/find-species). given area but for which there are one baywards for 600 ft. All gill net are set Additional species and stock or more occurrence records that are in water depths ranging from 0.0–1.1 m information can be found in NMFS’ considered beyond the normal range of on the shallow end of the net and from Draft PEA (https:// the species. Extralimital or rarely 0.1–4.6 m (0.33 to 15 ft) on the deep end www.fisheries.noaa.gov/node/23111). In sighted species within the SEFSC’s ARA of the net. However, 86 percent of gill some cases, species are treated as guilds. include the North Atlantic bottlenose net sets occur at a deep-end depth of 1.5 In general ecological terms, a guild is a whale (Hyperoodon ampullatus), m (4 ft) or less. Where depths are greater group of species that have similar Bryde’s whale (B. edeni), Atlantic white- than 4 ft, the top of the gillnet will be requirements and play a similar role sided dolphins (Lagenorhynchus submerged because it is only 3 ft high. within a community. However, for acutus), white-beaked dolphins A marker bouy is typically attached to purposes of stock assessment or (Lagenorhynchus albirostris), Sowerby’s the float line at the intersection of each abundance prediction, certain species beaked whale (Mesoplodon bidens), mesh panel (150 ft) with sufficant length may be treated together as a guild harp seal (Pagophilus groenlandicus), line to reach the surface. When setting because they are difficult to distinguish and hooded seal (Cystophora cristata).

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Extralimital or rarely sighted species in some species, this geographic area may ‘‘communities’’ in the few GOM areas the GOMRA include the North Atlantic extend beyond U.S. waters. For some that have been studied (Waring et al. right whale (Eubalaena glacialis), blue species, survey abundance (as compared 2007). This finding was then whale, fin whale (B. physalus), sei to stock or species abundance) is the generalized to all enclosed inshore GOM whale, minke whale (B. acutorostrata), total number of individuals estimated waters where bottlenose dolphins exist. humpback whale (Megaptera within the survey area, which may or A ‘‘community’’ consists of resident novaeangliae), and Sowerby’s beaked may not align completely with a stock’s dolphins that regularly share large whale. In the CRA, extralimital or rarely geographic range as defined in the portions of their ranges, and interact sighted species include blue whale, fin SARs. These surveys may also extend with each other to a much greater extent whale, sei whale, Bryde’s whale, minke beyond U.S. waters. than with dolphins in adjacent waters. whale, harbor seal (Phoca vitulina), gray To provide a background for how The term emphasizes geographic, and seal (Halichoerus grypus), harp seal, and estuarine bottlenose dolphin stocks are social relationships of dolphins. hooded seal. In addition, Caribbean identified, we provide the following Bottlenose dolphin communities do not excerpt from the Bottlenose Dolphin manatees (Trichechus manatus) may be necessarily constitute closed Stock Structure Research Plan for the found in all three research areas. demographic populations, as Central Northern Gulf of Mexico However, manatees are managed by the individuals from adjacent communities (NMFS, 2007) which more specifically U.S. Fish and Wildlife Service and are may interbreed. not considered further in this document. describes the stock structure of Marine mammal abundance estimates bottlenose dolphins within the bays, All values presented in Table 3a and presented in this document represent sounds, and estuaries of the Gulf of 3b are the most recent available at the the total number of individuals that Mexico: The distinct stock status for time of publication and are available in make up a given stock or the total each of the 31 inshore areas of the most recent SAR for that stock, number estimated within a particular contiguous, enclosed, or semi-enclosed including draft 2018 SARs (Hayes et al., study or survey area. NMFS’ stock bodies of waters is community-based. 2018) available at https:// abundance estimates for most species That is, stock delineation is based on www.fisheries.noaa.gov/national/ represent the total estimate of the finding, through photo- marine-mammal-protection/draft- individuals within the geographic area, identification (photo-ID) studies, of marine-mammal-stock-assessment- if known, that comprises that stock. For relatively discrete dolphin reports) . TABLE 3a—MARINE MAMMALS POTENTIALLY PRESENT IN THE ATLANTIC, GULF OF MEXICO, AND CARIBBEAN RESEARCH AREAS DURING FISHERY RESEARCH

Research area ESA status (L/NL), Stock abundance (CV, 3 Annual M/ Common name Scientific name MMPA stock 2 PBR 4 MMPA Nmin) SI ARA GOM CRA strategic (Y/N) 1

Order Cetartiodactyla—Cetacea—Suborder Mysticeti (baleen whales)

Family Balaenopteridae (rorquals): North Atlantic right Eubalaena glacialis .... Western North Atlantic X ...... L, Y 451 (0, 445) ...... 0.9 5.56 whale. Humpback whale Megaptera Gulf of Maine 5 ...... X X X NL, Y 896 (0, 896 ) ...... 14.6 9.8 novaeangliae. Blue whale ...... Balaenoptera Western North Atlantic X ...... L, Y unk (unk, 440, 2010) 0.9 unk musculus. Fin whale ...... Balaenoptera physalis Western North Atlantic X ...... L, Y 1,618 (0.33, 1,234) .... 2.5 2.65 Minke whale ...... Balaenoptera Canadian East Coast X X X NL, N 2,591 (0.81, 1,425) .... 14 7.5 acutorostrata. Bryde’s whale ...... Balaenoptera edeni .... Northern Gulf of Mex- ...... X ...... NL,6 Y 33 (1.07, 16) ...... 0.03 0.7 ico. Sei whale ...... Balaenoptera borealis Nova Scotia ...... X ...... L, Y 357 (0.52, 236) ...... 0.5 0.6

Order Cetartiodactyla—Cetacea—Suborder Odontoceti (toothed whales)

Family Physeteridae: Sperm whale ...... Physeter North Atlantic ...... X ...... L, Y 2,288 (0.28,1,815) ..... 3.6 0.8 macrocephalus. Northern Gulf of Mex- ...... X ...... L, Y 763 (0.38, 560) ...... 1.1 0 ico. Puerto Rico and U.S...... X L, Y unk ...... unk unk Virgin Islands. Family Kogiidae: Pygmy sperm Kogia breviceps ...... Western North Atlantic X ...... X NL, N 3,785 (0.47, 2,598) 7 .. 21 3.5 whale. Northern Gulf of Mex- ...... X ...... NL, N 186 (1.04, 90) 8 ...... 0.9 0.3 ico. Dwarf sperm K. sima ...... Western North Atlantic X ...... X NL, N 3,785 (0.47, 2,598) 7 .. 21 3.5 whale. Northern Gulf of Mex- ...... X ...... NL, N 186 (1.04, 90) 8 ...... 0.9 0 ico. Family Ziphiidae (beaked whales): Cuvier’s beaked Ziphius cavirostris ...... Western North Atlantic X ...... NL, N 6,532 (0.32, 5,021) .... 50 0.4 whale.

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TABLE 3a—MARINE MAMMALS POTENTIALLY PRESENT IN THE ATLANTIC, GULF OF MEXICO, AND CARIBBEAN RESEARCH AREAS DURING FISHERY RESEARCH—Continued

Research area ESA status (L/NL), Stock abundance (CV, 3 Annual M/ Common name Scientific name MMPA stock 2 PBR 4 ARA GOM CRA MMPA Nmin) SI strategic (Y/N) 1

Northern Gulf of Mex- ...... X ...... NL, N 74 (1.04, 36) ...... 0.4 0 ico. Puerto Rico and U.S...... X NL, N Unk ...... unk unk Virgin Islands. Blainville’s beaked Mesoplodon Western North Atlantic X ...... X NL, N 7,092 (0.54, 4,632) 9 .. 46 0.2 whale. densirostris. Northern Gulf of Mex- ...... X ...... NL, N 149 (0.91, 77) ...... 0.8 0 ico. Gervais’ beaked Mesoplodon Western North Atlantic X ...... X NL, N 7,092 (0.54, 4,632) 9 .. 46 0 whale. europaeus. Northern Gulf of Mex- ...... X ...... NL, N 149 (0.91, 77) ...... 0.8 0 ico. Sowerby’s beaked Mesoplodon bidens .... Western North Atlantic X ...... X NL, N 7,092 (0.54, 4,632) 9 .. 46 0 whale. True’s beaked Mesoplodon mirus ..... Western North Atlantic X ...... X NL, N 7,092 (0.54, 4,632) 9 .. 46 0 whale. Family Delphinidae (dolphins): Melon-headed Peponocephala Western North Atlantic X ...... X NL, N unk ...... unk 0 whales. electra. Northern Gulf of Mex- ...... X ...... NL, N 2,235 (0.75, 1,274) .... 13 0 ico. Risso’s dolphin .... Grampus griseus ...... Western North Atlantic X ...... X NL, N 18,250 (0.46, 12,619) 126 49.9 Northern Gulf of Mex- ...... X ...... NL, N 2,442 (0.57, 1,563) .... 16 7.9 ico. Short-finned pilot Globicephala Western North Atlantic X ...... NL, N 28,924 (0.24, 23,637) 236 168 whales. macrorhynchus. Northern Gulf of Mex- ...... X ...... NL, N 2,415 (0.66, 1,456) .... 15 0.5 ico. Puerto Rico and U.S...... X NL, N unk ...... unk unk Virgin Islands. Long-finned pilot Globicephala melas ... Western North Atlantic X ...... NL, N 5,636 (0.63, 3,464) .... 35 27 whales.

Bottlenose dolphin Tursiops truncatus ..... See table 3b.

Common dolphin Delphinus delphis ...... Western North Atlantic X ...... NL, N 70,184 (0.28, 55,690) 557 406 Atlantic spotted Stenella frontalis ...... Western North Atlantic X ...... NL, N 44,715 (0.43, 31,610) 316 0 dolphin. Northern Gulf of Mex- ...... X ...... NL, N unk ...... unk 42 ico. Puerto Rico and U.S...... X NL, N unk ...... unk unk Virgin Islands. Pantropical spot- Stenella attenuata ...... Western North Atlantic X ...... X NL, N 3,333 (0.91, 1,733) .... 17 0 ted dolphin. Northern Gulf of Mex- ...... X ...... 50,880 (0.27, 40,699) 407 4.4 ico. Striped dolphin .... Stenella coeruleoalba Western North Atlantic X ...... X NL, N 54,807 (0.3, 42,804) .. 428 0 Northern Gulf of Mex- ...... X ...... NL, N 1,849 (0.77, 1,041) .... 10 0 ico. Fraser’s dolphin .. Lagenodelphis hosei .. Western North Atlantic X ...... X NL, N unk ...... unk 0 Gulf of Mexico ...... X ...... NL, N unk ...... undet 0 Rough-toothed Steno bredanensis ..... Western North Atlantic X ...... X NL, N 136 (1.0, 67) ...... 0.7 0 dolphin. Northern Gulf of Mex- ...... X ...... NL, N 624 (0.99, 311) ...... 2.5 0.8 ico. Clymene dolphin Stenella clymene ...... Western North Atlantic X ...... X NL, N unk ...... undet 0 Northern Gulf of Mex- ...... X ...... NL, N 129 (1.0, 64) ...... 0.6 0 ico. Spinner dolphin ... Stenella longirostris ... Western North Atlantic X ...... NL, N unk ...... unk 0 Northern Gulf of Mex- ...... X ...... NL, N 11,441 (0.83, 6,221) .. 62 0 ico. Puerto Rico and U.S...... X NL, N unk ...... unk unk Virgin Islands. Killer whale ...... Orcinus orca ...... Western North Atlantic X ...... X NL, N unk ...... unk 0 Northern Gulf of Mex- ...... X ...... NL, N 28 (1.02, 14) ...... 0.1 0 ico. Pygmy killer Feresa attenuata ...... Western North Atlantic X ...... X NL, N unk ...... unk 0 whale. Northern Gulf of Mex- ...... X ...... NL, N 152 (1.02, 75) ...... 0.8 0 ico. False killer whale Pseudorca crassidens Western North Atlantic X ...... X NL, N 442 (1.06, 212) ...... 2.1 unk Northern Gulf of Mex- ...... X ...... NL, N unk ...... undet 0 ico. Family Phocoenidae (porpoises):

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TABLE 3a—MARINE MAMMALS POTENTIALLY PRESENT IN THE ATLANTIC, GULF OF MEXICO, AND CARIBBEAN RESEARCH AREAS DURING FISHERY RESEARCH—Continued

Research area ESA status (L/NL), Stock abundance (CV, 3 Annual M/ Common name Scientific name MMPA stock 2 PBR 4 ARA GOM CRA MMPA Nmin) SI strategic (Y/N) 1

Harbor porpoise .. Phocoena phocoena Gulf of Maine/Bay of X ...... NL, N 79,833 (0.32, 61,415) 706 255 vomerina. Fundy.

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (ear- less seals):

Harbor seal ...... Phoca vitulina richardii Western North Atlantic X ...... NL, N 75,834 (0.15, 66,884) 2,006 345 Gray seal ...... Halichoerus grypus .... Western North Atlantic X ...... NL, N 27,131 (0.19, 23,158) 1,389 5,688 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). NL indicates that the species is not listed under the ESA and is not 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. 2 NMFS marine mammal stock assessment reports at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.). 3 PBR indicates Potential Biological Removal as referenced from NMFS 2017 SARs. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. It is the product of minimum population size, one-half the maximum net productivity rate and a recovery factor for endangered, depleted, threatened stocks, or stocks of unknown status relative to OSP. 4 These values, found in NMFS’ 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. All M/SI values are as presented in the 2016 SARs. 5 Humpback whales present off the southeastern U.S. are thought to be predominantly from the Gulf of Maine stock; however, could include animals from Canadian stocks (e.g., Nova Scotia) (NMFS, 2017). Here we provide estimates for the Gulf of Maine stock only as a conservative value. 6 The Bryde’s whale is proposed for listing under the ESA (81 FR 88639, December 8, 2016). NMFS decision is pending. 7 This estimate includes both dwarf and pygmy sperm whales in the N. Atlantic stock. 8 This estimate includes both dwarf and pygmy sperm whales in the Gulf of Mexico stock. 9 This estimate includes all species of Mesoplodon in the N.Atlantic stock.

TABLE 3b—BOTTLENOSE DOLPHIN STOCKS POTENTIALLY PRESENT IN THE ATLANTIC, GULF OF MEXICO, AND CARIBBEAN RESEARCH AREAS DURING FISHERY RESEARCH

Stock abundance (CV, Stock MMPA status 1 PBR Annual M/SI Nmin)

ATLANTIC RESEARCH AREA

Western North Atlantic, Offshore ...... Not Strategic ...... 77,532 (0.40, 56,053) 561 39.4 Northern Migratory Coastal ...... Depleted ...... 6,639 (0.41, 4,759) 48 6.1–13.2 Southern Migratory Coastal ...... Depleted ...... 3,751 (0.06, 2,353) 23 0–14.3 South Carolina & Georgia Coastal ...... Depleted ...... 6,027 (0.34, 4,569) 46 1.4–1.6 Northern Florida Coastal ...... Depleted ...... 877 (0.0.49, 595) 6 0.6 Central Florida Coastal ...... Depleted ...... 1,218 (0.71, 2,851) 9.1 0.4 Northern North Carolina Estuarine System ...... Strategic ...... 823 (0.06, 782) 7.8 0.8–18.2 Southern North Carolina Estuarine System ...... Strategic ...... unk Undet 0.4–0.6 Northern South Carolina Estuarine System ...... Strategic ...... unk Undet 0.2 Charleston Estuarine System ...... Strategic ...... unk Undet unk Northern Georgia/Southern South Carolina Estuarine Strategic ...... unk undet 1.4 System. Central Georgia Estuarine System ...... Strategic ...... 192 (0.04, 185) 1.9 unk Southern Georgia Estuarine System ...... Strategic ...... 194 (0.05, 185) 1.9 unk Jacksonville Estuarine System ...... Strategic ...... unk undet 1.2 Biscayne Bay ...... Strategic ...... unk undet unk Florida Bay ...... Not Strategic ...... unk undet unk

GULF OF MEXICO RESEARCH AREA

Oceanic ...... Not Strategic ...... 5,806 (0.39, 4,230) 42 6.5 Continental Shelf ...... Not Strategic ...... 51,192 (0.1, 46,926) 469 0.8 Western Coastal ...... Not Strategic ...... 20,161 (0.17, 17,491) 175 0.6 Northern Coastal ...... Not Strategic ...... 7,185 (0.21, 6,004) 60 0.4 Eastern Coastal ...... Not Strategic ...... 12,388 (0.13, 11,110) 111 1.6

Northern Gulf of Mexico Bay, Sound, and Estuary 23

Laguna Madre ...... Strategic ...... 80 (1.57, unk) undet 0.4 Nueces Bay, Corpus Christi Bay ...... Strategic ...... 58 (0.61, unk) undet 0 Copano Bay, Aransas Bay, San Antonio Bay, Redfish Strategic ...... 55 (0.82, unk) undet 0.2 Bay, Espirtu Santo Bay. Matagorda Bay, Tres Palacios Bay, Lavaca Bay ...... Strategic ...... 61 (0.45, unk) undet 0.4 West Bay ...... Strategic ...... 48 (0.03, 46) 0.5 0.2

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TABLE 3b—BOTTLENOSE DOLPHIN STOCKS POTENTIALLY PRESENT IN THE ATLANTIC, GULF OF MEXICO, AND CARIBBEAN RESEARCH AREAS DURING FISHERY RESEARCH—Continued

Stock abundance (CV, Stock MMPA status 1 PBR Annual M/SI Nmin)

Galveston Bay, East Bay, Trinity Bay ...... Strategic ...... 152 (0.43, unk) undet 0.4 Sabine Lake ...... Strategic ...... 0 (-,-) undet 0.2 Calcasieu Lake ...... Strategic ...... 0 (-,-) undet 0.2 Vermillion Bay, West Cote Blanche Bay, Atchafalaya Strategic ...... 0 (-,-) undet 0 Bay. Terrebonne Bay, Timbalier Bay ...... Strategic ...... 3,870 (0.15, 3426) 27 0.2 Barataria Bay ...... Strategic ...... 2306 (0.09, 2,138) 17 160 Mississippi River Delta ...... Strategic ...... 332 (0.93, 170) 1.4 0.2 Mississippi Sound, Lake Borgne, Bay Boudreau ...... Strategic ...... 3,046 (0.06, 2,896) 23 310 Mobile Bay, Bonsecour Bay ...... Strategic ...... 122 (0.34, unk) undet 1 Perdido Bay ...... Strategic ...... 0 (-,-) undet 0.6 Pensacola Bay, East Bay ...... Strategic ...... 33 ( undet unk Choctawhatchee Bay ...... Strategic ...... 179 (0.04, unk) undet 0.4 St. Andrews Bay ...... Strategic ...... 124 (0.57, unk) undet 0.2 St. Joseph Bay ...... Strategic ...... 152 (0.08, unk) undet unk St. Vincent Sound, Apalachicola Bay, St. Georges Strategic ...... 439 (0.14,-) undet 0 Sound. Apalachee Bay ...... Strategic ...... 491 (0.39, unk) undet 0 Waccasassa Bay, Withlacoochee Bay, Crystal Bay .... Strategic ...... unk undet 0 St. Joseph Sound, Clearwater Harbor ...... Strategic ...... unk undet 0.4 Tampa Bay ...... Strategic ...... unk undet 0.6 Sarasota Bay, Little Sarasota Bay ...... Strategic ...... 158 (0.27, 126) 1.3 0.6 Pine Island Sound, Charlotte Harbor, Gasparilla Strategic ...... 826 (0.09, -) undet 1.6 Sound, Lemon Bay. Caloosahatchee River ...... Strategic ...... 0 (-,-) undet 0.4 Estero Bay ...... Strategic ...... unk undet 0.2 Chokoloskee Bay, Ten Thousand Islands, Gullivan Strategic ...... unk undet 0 Bay. Whitewater Bay ...... Strategic ...... unk undet 0 Florida Keys (Bahia Honda to Key West) ...... Strategic ...... unk undet 0

CARRIBEAN RESEARCH AREA

Puerto Rico and U.S. Virgin Islands ...... Strategic ...... unk undet unk

1 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance). 2 Details for these 25 stocks are included in the report: Common bottlenose dolphin (Tursiops truncatus truncatus), Northern Gulf of Mexico Bay, Sound, and Estuary Stocks. 3 The total annual human-caused mortality and serious injury for these stocks of common bottlenose dolphins is unknown because these stocks may interact with unobserved fisheries. Also, for Gulf of Mexico BSE stocks, mortality estimates for the shrimp trawl fishery are calculated at the state level and have not been included within mortality estimates for individual BSE stocks. Therefore, minimum counts of human-caused mortality and serious injury for these stocks are presented.

Take reduction planning—Incidental insignificant levels approaching a zero requirements vary by geographic area take of marine mammals in commercial serious injury and mortality rate, taking and date. Universal gear modification fisheries has been and continues to be into account the economics of the requirements and restrictions apply to a serious issue in the Southeast region. fishery, the availability of existing all traps/pots and anchored gillnets, In compliance with section 118 of the technology, and existing state or including: no floating buoy line at the MMPA, NMFS has developed and regional fishery management plans. surface; no wet storage of gear (all gear implemented several Take Reduction TRPs relevant to the fisheries research must be hauled out of the water at least Plans (TRPs) to reduce serious injuries areas in this rule include the Atlantic once every 30 days); fishermen are and mortality of strategic marine Large Whale Take Reduction Plan encouraged, but not required, to mammal stocks that interact with (ALWTRP), the Bottlenose Dolphin Take maintain knot-free buoy lines; and all certain commercial fisheries. Strategic Reduction Plan (BDTRP), and the groundlines must be made of sinking stocks are those species listed as Pelagic Longline Take Reduction Plan line. Additional gear modification threatened or endangered under the (PLTRP). The ALWTRP was developed requirements and restrictions vary by ESA, those species listed as depleted to reduce serious injury and mortality of location, date, and gear type. Additional under the MMPA, and those species North Atlantic right, humpback, fin, and requirements may include the use of with human-caused mortality that minke whales from Northeast/Mid- weak links, and gear marking and exceeds the PBR for the species. The Atlantic lobster trap/pot, Atlantic blue configuration specifications. Detailed immediate goal of TRPs is to reduce crab trap/pot, Atlantic mixed species requirements may be found in the serious injury and mortality for each trap/pot, Northeast sink gillnet, regional guides to gillnet and pot/trap species below PBR within six months of Northeast anchored float gillnet, gear fisheries available at http:// the TRP’s implementation. The long- Northeast drift gillnet, Mid-Atlantic www.nero.noaa.gov/Protected/ term goal is to reduce incidental serious gillnet, Southeastern U.S. Atlantic shark whaletrp/. The SEFSC MARMAP/ injury and mortality of marine mammals gillnet, and Southeastern Atlantic SEAMAP–SA Reef Fish Survey (carried from commercial fishing operations to gillnet fisheries (NMFS 2010c). Gear out by the SCDNR) and SEFIS (carried

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out by the SEFSC) surveys meet the and demands immediate response. From effectively these populations can requirements necessary to implement 1991 to present, there have been 62 recover from lower estimated injuries. TRP regulations; both surveys abide by formally recognized UMEs in the U.S., For example, Deepwater Horizon oil all ALWTRP requirements. involving a variety of species and exposure resulted in up to an estimated In 2006, NMFS implemented the dozens to hundreds of individual 7-percent decline in the population of BDTRP to reduce the serious injury and marine mammals per event. Twenty- endangered sperm whales, which will mortality of Western North Atlantic seven of these UMEs have occurred require 21 years to recover. For Bryde’s coastal bottlenose dolphins incidental to within SEFSC fisheries research whales, 48 percent of the population 13 Category I and II U.S. commercial operating areas (we note 7 of these was impacted by Deepwater Horizon oil, fisheries. In addition to multiple non- UMEs were for manatees managed by resulting in up to an estimated 22- regulatory provisions for research and the USFWS). For the GOMRA, Litz et al. percent decline in population that will education, the BDTRP requires (2014) provides a review of historical require 69 years to recover. For both modifications of fishing practices or UMEs in the Gulf of Mexico from 1990 nearshore and offshore populations, gear for small, medium, and large-mesh through 2009. For more information on injuries were most severe in the years gillnet fisheries from New York to UMEs, please visit the internet at: immediately following the spill. Health Florida, and Virginia pound nets in www.nmfs.noaa.gov/pr/health/mmume/ assessments on bottlenose dolphins in Virginia state waters (50 CFR 229.35). events.html. BBES and MS Sound have shown that The BDTRP also established seasonal From 2010 through 2014, NMFS there has been some improvement post closures for certain gillnet commercial declared a multi-year, multi-cetacean spill, but that there are still persistent fisheries in state waters. The following UME in response to the Deepwater injuries (Smith et al. 2017). general requirements are contained with Horizon (DWH) oil spill in the Northern BDTRP: Spatial/temporal gillnet Gulf of Mexico. The species and Biologically Important Areas restrictions, gear proximity (fishermen temporal and spatial boundaries In 2015, NOAA’s Cetacean Density must stay within a set distance of gear), included all cetaceans stranded in and Distribution Mapping Working gear modifications for gillnets and Alabama, Mississippi, and Louisiana Group identified Biologically Important Virginia pound nets, non-regulatory gear from March 2010 through July 2014 and Areas (BIAs) for 24 cetacean species, modifications for crab pots, and other all cetaceans other than bottlenose stocks, or populations in seven regions non-regulatory conservation measures dolphins stranded in the Florida (US East Coast, Gulf of Mexico, West (71 FR 24776, April 26, 2006; 77 FR Panhandle (Franklin County through Coast, Hawaiian Islands, Gulf of Alaska, 45268, July 31, 2012; and 80 FR 6925, Escambia County) from March 2010 Aleutian Islands and Bering Sea, and February 9, 2015). Due to substantial through July 2014. The UME involved Arctic) within U.S. waters through an differences between SEFSC research 1,141 cetacean strandings in the expert elicitation process. BIAs are fishing practices (e.g., smaller gear size, Northern Gulf of Mexico (5 percent reproductive areas, feeding areas, reduced set time, spatial and temporal stranded alive and 95 percent stranded migratory corridors, and areas in which differences) and scientific survey dead). small and resident populations are methods versus commercial fishing The Deepwater Horizon Natural concentrated. BIAs are region-, species- practices, the SEFSC and research Resource Damage Assessment (NRDA) , and time-specific. A description of the partners do not have any surveys that Trustees’ 2016 Final Programmatic types of BIAs found within the SEFSC’s meet the requirements necessary to Damage Assessment and Restoration fishery research areas follows: implement BDTRP regulations. Plan (PDARP) and Final Programmatic Reproductive Areas: Areas and However, the SEFSC would abide by the Environmental Impact Statement (PEIS) months within which a particular mitigation, monitoring, and reporting quantified injuries to marine mammals species or population selectively mates, requirements included in this proposed in the Gulf of Mexico that were exposed gives birth, or is found with neonates or rule. to the oil spill, including bottlenose other sensitive age classes. The Pelagic Longline Take Reduction dolphins in four bay, sound, and estuary Feeding Areas: Areas and months Plan (PLTRP) addresses incidental areas: Barataria Bay, the Mississippi within which a particular species or serious injury and mortality of long- River Delta, Mississippi Sound, and population selectively feeds. These may finned and short-finned pilot whales Mobile Bay (NRDA Trustees, 2016; either be found consistently in space and Risso’s dolphins in commercial DWH MMIQT, 2015). Both stocks are and time, or may be associated with pelagic longline fishing gear in the estimated to have been reduced ephemeral features that are less Atlantic. Regulatory measures include significantly in population size from the predictable but can be delineated and limiting mainline length to 20 nm or DWH oil spill (DWH MMIQT 2015; are generally located within a larger less within the Mid-Atlantic Bight and Schwacke et al. 2017). According to the identifiable area. posting an informational placard on PDARP, 24 percent of the Mississippi Migratory Corridors: Areas and careful handling and release of marine Sound stock had adverse health effects months within which a substantial mammals in the wheelhouse and on from DWH oil spill. Of the pregnant portion of a species or population is working decks of the vessel (NMFS females studied in Barataria Bay and known to migrate; the corridor is 2009). Currently, the SEFSC uses gear Mississippi Sound between 2010 and typically delimited on one or both sides that is only 5 nm long and per the 2014, 19.2 percent gave birth to a viable by land or ice. PLTRP, uses the Pelagic Longline calf. In contrast, dolphin populations in Small and Resident Population: Areas Marine Mammal Handling and Release Florida and South Carolina have a and months within which small and Guidelines for any pelagic longline sets pregnancy success rate of 64.7 percent resident populations occupying a made within the Atlantic EEZ. (DWH MMIQT, 2015). limited geographic extent exist. Unusual Mortality Events (UME)— Dolphin and whale species living The delineation of BIAs does not have The marine mammal UME program was farther offshore were also affected. direct or immediate regulatory established in 1991. A UME is defined Many of these species are highly consequences. Rather, the BIA under the MMPA as a stranding that is susceptible to population changes assessment is intended to provide the unexpected; involves a significant die- because of their low initial population best available science to help inform off of any marine mammal population; numbers. Thus, it is unclear how regulatory and management decisions

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under existing authorities about some, protection goals. In addition, the BIAs their habitat, and ecosystems. Table 4 though not all, important cetacean areas and associated information may be used provides a list of BIA’s found within the in order to minimize the impacts of to identify information gaps and SEFSC’s fisheries research areas. anthropogenic activities on cetaceans prioritize future research and modeling and to achieve conservation and efforts to better understand cetaceans,

TABLE 4—BIOLOGICALLY IMPORTANT AREAS WITHIN THE ARA AND GOMRA

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

ATLANTIC RESEARCH AREA

Eastern Atlantic ...... N. Atlantic right whale ...... Migration ...... North: March–April; South: 269,448 November–December. Southeast Atlantic—Calving ... N. Atlantic right whale ...... Reproduction ...... Mid-Nov–April ...... 43,783 Northern North Carolina Estu- Bottlenose dolphin ...... Small and resident ...... July–October ...... 8,199 arine System—Inland & Coastal. Northern North Carolina Estu- Bottlenose dolphin ...... Small and resident ...... July–March ...... 534 arine System—Coastal. Southern North Carolina Estu- Bottlenose dolphin ...... Small and resident ...... July–October ...... 783 arine System. Prince Inlet, SC; Charleston Bottlenose dolphin ...... Small and resident ...... Year-round ...... 152 Harbor; North Edisto River. St. Helena Sound, SC to Bottlenose dolphin ...... Small and resident ...... Year-round ...... 676 Ossabaw Sound, GA. Southern Georgia, GA ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 411 Jacksonville, FL ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 195 Indian River Lagoon Estuarine Bottlenose dolphin ...... Small and resident ...... Year-round ...... 776 System. Biscayne Bay, FL ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 614

GULF OF MEXICO

Florida Bay, FL ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 1,527 Lemon Bay, Charlotte Harbor, Bottlenose dolphin ...... Small and resident ...... Year-round ...... 892 Pine Island Sound, FL. Sarasota Bay and Little Sara- Bottlenose dolphin ...... Small and resident ...... Year-round ...... 117 sota Bay, FL. Tampa Bay, FL ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 899 St. Vincent Sound and Apa- Bottlenose dolphin ...... Small and resident ...... Year-round ...... 262 lachicola Bay, FL. St. Joseph Bay, FL ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 371 Mississippi Sound, MS ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 1,335 Caminada Bay and Barataria Bottlenose dolphin ...... Small and resident ...... Year-round ...... 253 Bay, LA. Galveston Bay, TX ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 1,222 San Luis Pass, TX ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 143 Matagorda Bay and Espiritu Bottlenose dolphin ...... Small and resident ...... Year-round ...... 740 Santo Bay, TX. Aransas Pass, TX ...... Bottlenose dolphin ...... Small and resident ...... Year-round ...... 273 Eastern Gulf of Mexico ...... Bryde’s whale ...... Small and resident ...... Year round ...... 23,559

Marine Mammal Hearing hearing ranges on the basis of available implausible and the lower bound from behavioral response data, audiograms Southall et al. (2007) retained. The Hearing is the most important sensory derived using auditory evoked potential functional groups and the associated modality for marine mammals techniques, anatomical modeling, and frequencies are indicated below (note underwater, and exposure to other data. Note that no direct that these frequency ranges correspond anthropogenic sound can have measurements of hearing ability have to the range for the composite group, deleterious effects. To appropriately been successfully completed for with the entire range not necessarily assess the potential effects of exposure reflecting the capabilities of every to sound, it is necessary to understand mysticetes (i.e., low-frequency cetaceans). Subsequently, NMFS (2016) species within that group): the frequency ranges marine mammals • are able to hear. Current data indicate described generalized hearing ranges for Low-frequency cetaceans that not all marine mammal species these marine mammal hearing groups. (mysticetes): Generalized hearing is have equal hearing capabilities (e.g., Generalized hearing ranges were chosen estimated to occur between Richardson et al., 1995; Wartzok and based on the approximately 65 dB approximately 7 Hz and 35 kHz. Ketten, 1999; Au and Hastings, 2008). threshold from the normalized • Mid-frequency cetaceans (larger To reflect this, Southall et al. (2007) composite audiograms, with the toothed whales, beaked whales, and recommended that marine mammals be exception for lower limits for low- most delphinids): Generalized hearing is divided into functional hearing groups frequency cetaceans where the lower estimated to occur between based on directly measured or estimated bound was deemed to be biologically approximately 150 Hz and 160 kHz.

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• High-frequency cetaceans interaction (e.g., entanglement in nets through increased likelihood of (porpoises, river dolphins, and members and trawls, accidental hooking) and collision by pulling whales toward the of the genera Kogia and exposure to active acoustic fisheries vessel (Clyne, 1999; Knowlton et al., Cephalorhynchus; including two research sources. We also include, 1995). In a separate study, Vanderlaan members of the genus Lagenorhynchus, where relevant, knowns takes of marine and Taggart (2007) analyzed the on the basis of recent echolocation data mammals incidental to previous SEFSC probability of lethal mortality of large and genetic data): Generalized hearing is research. These data come from NMFS’ whales at a given speed, showing that estimated to occur between Protected Species Incidental Take the greatest rate of change in the approximately 275 Hz and 160 kHz. (PSIT) database, a formal incidental take probability of a lethal injury to a large • Pinnipeds in water; Phocidae (true reporting system that documents whale as a function of vessel speed seals): Generalized hearing is estimated incidental takes of protected species by occurs between 8.6 and 15 kn. The to occur between approximately 50 Hz all NMFS Science Centers and partners; chances of a lethal injury decline from to 86 kHz. NMFS requires this reporting to be approximately eighty percent at 15 kn to • Pinnipeds in water; Otariidae (eared completed within 48 hours of the approximately twenty percent at 8.6 kn. seals): Generalized hearing is estimated occurrence. The PSIT generates At speeds below 11.8 kn, the chances of to occur between 60 Hz and 39 kHz. automated messages to NMFS staff, lethal injury drop below fifty percent, The pinniped functional hearing alerting them to the event and to the fact while the probability asymptotically group was modified from Southall et al. that updated information describing the increases toward one hundred percent (2007) on the basis of data indicating circumstances of the event has been above 15 kn. that phocid species have consistently entered into the database. In an effort to reduce the number and demonstrated an extended frequency severity of strikes of the endangered range of hearing compared to otariids, Ship Strike North Atlantic right whale (Eubalaena especially in the higher frequency range Vessel collisions with marine glacialis), NMFS implemented speed (Hemila¨ et al., 2006; Kastelein et al., mammals, or ship strikes, can result in restrictions in 2008 (73 FR 60173; 2009; Reichmuth and Holt, 2013). death or serious injury of the animal. October 10, 2008). These restrictions For more detail concerning these Wounds resulting from ship strike may require that vessels greater than or equal groups and associated frequency ranges, include massive trauma, hemorrhaging, to 65 ft (19.8 m) in length travel at less please see NMFS (2016) for a review of broken bones, or propeller lacerations than or equal to 10 kn near key port available information. Thirty three (Knowlton and Kraus, 2001). An animal entrances and in certain areas of right marine mammal species (31 cetacean at the surface may be struck directly by whale aggregation along the U.S. eastern and 2 pinniped (both phocid) species) a vessel, a surfacing animal may hit the seaboard. Conn and Silber (2013) have the reasonable potential to co- bottom of a vessel, or an animal just estimated that these restrictions reduced occur with the proposed survey below the surface may be cut by a total ship strike mortality risk levels by activities (Table 3a). Of the cetacean vessel’s propeller. Ship strikes may kill eighty to ninety percent. species that may be present, six are an animal; however, more superficial For vessels used in SEFSC-related classified as low-frequency cetaceans strikes may result in injury. Ship strikes research activities, transit speeds (i.e., all mysticete species), 24 are generally involve commercial shipping, average 10 kn (but vary from 6–14 kn), classified as mid-frequency cetaceans which is much more common in both while vessel speed during active (i.e., all delphinid and ziphiid species space and time than is research activity. sampling is typically only 2–4 kn. At and the sperm whale), and 1 is Jensen and Silber (2004) summarized sampling speeds, both the possibility of classified as high-frequency cetaceans ship strikes of large whales worldwide striking a marine mammal and the (i.e., harbor porpoise and Kogia spp.). from 1975–2003 and found that most possibility of a strike resulting in collisions occurred in the open ocean serious injury or mortality are Potential Effects of Specified Activities and involved large vessels (e.g., discountable. At average transit speed, on Marine Mammals and Their Habitat commercial shipping). Commercial the probability of serious injury or This section includes a summary and fishing vessels were responsible for mortality resulting from a strike is less discussion of the ways that components three percent of recorded collisions, than fifty percent. However, it is of the specified activity may impact while only one such incident (0.75 possible for ship strikes to occur while marine mammals and their habitat. The percent) was reported for a research traveling at slow speeds. For example, a ‘‘Estimated Take by Incidental vessel during that time period. NOAA-chartered survey vessel traveling Harassment’’ section later in this The severity of injuries typically at low speed (5.5 kn) while conducting document includes a quantitative depends on the size and speed of the multi-beam mapping surveys off the analysis of the number of individuals vessel, with the probability of death or central California coast struck and killed that are expected to be taken by this serious injury increasing as vessel speed a blue whale in 2009. The State of activity. The ‘‘Negligible Impact increases (Knowlton and Kraus, 2001; California determined the whale had Analysis and Determination’’ section Laist et al., 2001; Vanderlaan and suddenly and unexpectedly surfaced considers the content of this section, the Taggart, 2007; Conn and Silber, 2013). beneath the hull, with the result that the ‘‘Estimated Take by Incidental Impact forces increase with speed, as propeller severed the whale’s vertebrae, Harassment’’ section, and the ‘‘Proposed does the probability of a strike at a given and that this was an unavoidable event. Mitigation’’ section, to draw distance (Silber et al., 2010; Gende et This strike represents the only such conclusions regarding the likely impacts al., 2011). Pace and Silber (2005) found incident in approximately 540,000 of these activities on the reproductive the predicted probability of serious hours of similar coastal mapping success or survivorship of individuals injury or death increased from 45 to 75 activity (p = 1.9 × 10¥6; 95% CI = 0– and how those impacts on individuals percent as vessel speed increased from 5.5 x 10¥6; NMFS, 2013). The NOAA are likely to impact marine mammal 10 to 14 kn, and exceeded ninety vessel Gordon Gunter was conducting a species or stocks. percent at 17 kn. Higher speeds during marine mammal survey cruise off the In the following discussion, we collisions result in greater force of coast of Savannah, Georgia in July 2011, consider potential effects to marine impact and appear to increase the when a group of Atlantic spotted mammals from ship strike, gear chance of severe injuries or death dolphin began bow riding. The animals

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eventually broke off and a dead calf was extremely unlikely potential to result in seas driftnets over 2.5 km long in 1991 seen in the ship’s wake with a large gash marine mammal interaction. Gears with (high seas driftnets were previously that was attributed to the propeller. This the potential for marine mammal often 40–60 km long) (Read, 2008; FAO, is the only documented ship strike by interaction include trawl nets (e.g., 2001). the SEFSC since 2002. bottom trawls, skimmer trawls), gillnets, Gear interactions can result in injury In summary, we anticipate that vessel and hook and line gear (i.e., longlines). or death for the animal(s) involved and/ collisions involving SEFSC research Gears such as fyke nets, eel traps, ROVs, or damage to fishing gear. Coastal vessels, while not impossible, represent etc. do not have the potential for marine animals, including various pinnipeds, unlikely, unpredictable events. Other mammal interaction either due to small bottlenose dolphins, and harbor than the 2009 and 2011 events, no other size of gear and fishing methods, and porpoises, are perhaps the most ship strikes have been reported from therefore do not have the potential for vulnerable to these interactions and set any fisheries research activities injury or harassment. or passive fishing gear (e.g., gillnets, nationally. Given the relatively slow Entanglement in Nets, Trawls, or traps) are the most likely to be speeds of research vessels, the presence Longlines—Gillnets, trawl nets, and interacted with (e.g., Beverton, 1985; of bridge crew watching for obstacles at longlines deployed by the SEFSC are Barlow et al., 1994; Read et al., 2006; all times (including marine mammals), similar to gear used in various Byrd et al., 2014; Lewison et al., 2014). the presence of marine mammal commercial fisheries which have a Although interactions are less common observers on some surveys, and the history of taking marine mammals. Read for use of trawl nets and longlines, they small number of research cruises, we et al. (2006) estimated marine mammal do occur with sufficient frequency to believe that the possibility of ship strike bycatch in U.S. fisheries from 1990–99 necessitate the establishment of is discountable. Further, the and derived an estimate of global required mitigation measures for implementation of the North Atlantic marine mammal bycatch by expanding multiple U.S. fisheries using both types ship strike rule protocols will greatly U.S. bycatch estimates using data on of gear (NMFS, 2014). It is likely that no reduce the potential for interactions fleet composition from the United species of marine mammal can be with North Atlantic right whales. As Nations Food and Agriculture definitively excluded from the potential such, no incidental take resulting from Organization (FAO). Most U.S. bycatch for interaction with fishing gear (e.g., ship strike is anticipated nor is for both cetaceans (84 percent) and Northridge, 1984); however, the extent proposed to be authorized; therefore, pinnipeds (98 percent) occurred in of interactions is likely dependent on this potential effect of research will not gillnets. However, global marine the biology, ecology, and behavior of the be discussed further. mammal bycatch in trawl nets and species involved and the type, location, longlines is likely substantial given that and nature of the fishery. Gear Interaction total global bycatch is thought to As described above, since 2002, The types of research gear used by the number in the hundreds of thousands of NMFS Science Centers have been SEFSC were described previously under individuals (Read et al., 2006). In documenting and recording all fishery ‘‘Detailed Description of Activity.’’ addition, global bycatch via longline has research related incidental takes of Here, we broadly categorize these gears likely increased, as longlines have marine mammals in PSIT database. into those which we believe may result become the most common method of There is also a documented take on in marine mammal interaction and capturing swordfish and tuna since the record from 2001. We present all takes those which we consider to have an United Nations banned the use of high documented by the SEFSC in Table 5. TABLE 5—SEFSC RESEARCH GEAR INTERACTIONS WITH MARINE MAMMALS SINCE 2001

Survey name Species taken # Released Gear type Date taken # Killed 1 Total taken (lead organization) (stock) alive 2

ATLANTIC RESEARCH AREA

SEFSC In-Water Sea Turtle Research Bottlenose dolphin (South Carolina/ Bottom trawl ...... 20 July 2016 ...... 1 0 1 (SCDNR 3). Georgia coastal). SEAMAP–SA Coastal Trawl Survey_ Bottlenose dolphin (Northern Florida Bottom trawl ...... 11 April 2014 ...... 1 0 1 Spring (SCDNR). coastal). SEAMAP–SA Coastal Trawl Survey_ Bottlenose dolphin (South Carolina/ Bottom trawl ...... 2 Aug 2012 ...... 1 0 1 Summer (SCDNR). Georgia coastal). In-Water Sea Turtle Trawl Survey Bottlenose dolphin (South Carolina/ Bottom trawl ...... 11 July 2012 ...... 0 1 1 (SCDNR). Georgia coastal). SEAMAP–SA Coastal Trawl Survey_ Bottlenose dolphin (southern migra- Bottom trawl ...... 5 October 2006 .... 1 0 1 Fall (SCDNR). tory). SEAMAP–SA Coastal Trawl Survey_ Bottlenose dolphin (South Carolina/ Bottom trawl ...... 28 July 2006 ...... 1 0 1 Summer (SCDNR). Georgia coastal). RecFIN Red Drum Trammel Net Sur- Bottlenose dolphin (Charleston Estu- Trammel net ...... 22 August 2002 .... 2 0 2 vey (SCDNR). arine System). In-Water Sea Turtle Trawl Survey Bottlenose dolphin (unk) ...... Bottom Trawl ...... 2001 3 ...... 0 1 1 (SCDNR).

ARA TOTAL ...... 7 2 9

GULF OF MEXICO RESEARCH AREA

Gulf of Mexico Shark Pupping and Bottlenose dolphin (Sarasota Bay) .... Gillnet ...... 03 July 2018 ...... 0 1 1 Nursery GULFSPAN (SEFSC). Gulf of Mexico Shark Pupping and Bottlenose dolphin (northern Gulf of Gillnet ...... 15 July 2016 ...... 1 0 1 Nursery GULFSPAN (USA/DISL 2). Mexico). Skimmer Trawl TED Testing (SEFSC) Bottlenose dolphin (MS Sound, Lake Skimmer trawl ...... 1 October 2014 .... 1 0 1 Borgne, Bay Boudreau). Skimmer Trawl TED Testing (SEFSC) Bottlenose dolphin (MS Sound, Lake Skimmer trawl ...... 23 October 2013 .. 0 1 1 Borgne, Bay Boudreau).

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TABLE 5—SEFSC RESEARCH GEAR INTERACTIONS WITH MARINE MAMMALS SINCE 2001—Continued

Survey name Species taken # Released Gear type Date taken # Killed 1 Total taken (lead organization) (stock) alive 2

SEAMAP–GOM Bottom Longline Sur- Bottlenose dolphin (Mobile Bay, Bottom longline .... 6 August 2013 ...... 0 1 (SI) 1 vey (ADCNR 3). Bonsecour Bay). Gulf of Mexico Shark Pupping and Bottlenose dolphin (MS Sound, Lake Gillnet ...... 18 April 2011 ...... 1 0 1 Nursery GULFSPAN (USA/DISL). Borgne, Bay Boudreau).

GOMRA TOTAL ...... 3 3 6

TOTAL ALL AREAS 3 ...... 10 5 15 1 If there was question over an animal’s fate after it was released (e.g., it was struggling to breath/swim), it was considered ‘‘killed’’. Serious injury determinations were not previously made for animals released alive but are now part of standard protocols for released animals and will be reported in stock assessment reports. 2 Animals released alive but were considered seriously injured as marked as SI. 3 This take occurred prior to development of the PSIT database but we include it here because it is documented. 4There have been no SEFSC fishery research-related takes of marine mammals in the CRA.

Gillnets—According to the PSIT injury, 14 animals were released alive, animal being caught in a skimmer trawl database, there are five documented and the condition of 10 animals was is less than a bottom trawl because the takes of marine mammals (2 ARA, 3 recorded as unknown. gear can be observed directly; the GOMRA) incidental to SEFSC gillnet Commercial gillnet fisheries are also SEFSC research permit 20339 fishery research since 2002. On August implicated in taking marine mammals. authorizing research on sea turtles 22, 2002, two bottlenose dolphins In the ARA, the mid-Atlantic gillnet contains monitoring and mitigation belonging to the Charleston Estuarine fishery has the highest documented measures related to marine mammals System stock became entangled in a level of mortality of coastal morphotype during skimmer trawling. trammel net (a type of gillnet) during common bottlenose dolphins. The sink Globally, at least seventeen cetacean the RecFIN Red Drum Trammel Net gillnet gear in North Carolina is the species are known to feed in association survey. One animal died before largest component in terms of fishing with trawlers and individuals of at least biologists could untangle it. The second effort and observed takes (Waring et al. 25 species are documented to have been animal was disentangled and released 2015). The SEFSC does not use sink killed by trawl nets, including several but it was listless; and, when freed, it gillnets in the ARA. The North Carolina large whales, porpoises, and a variety of sank and no subsequent resurface or Division of Marine Fisheries (NCDMF) delphinids (Young and Iudicello, 2007; breath was observed. Both animals were has operated systematic coverage of the Karpouzli and Leaper, 2004; Hall et al., documented as a mortality. On April 18, fall (September-December) flounder 2000; Fertl and Leatherwood, 1997; 2013, a single bottlenose dolphin calf gillnet fishery (greater 5 in. mesh) in Northridge, 1991; Song et al., 2010). became entangled during the Gulf of Pamlico Sound. In May 2010, NCDMF Mexico Shark Pupping and Nursery expanded the observer coverage to Fertl and Leatherwood (1997) provide a (GULFSPAN) survey. On July 15, 2016, include gillnet effort using nets greater comprehensive overview of marine the lead line of a gillnet used for the than 4 in. mesh in most internal state mammal-trawl interactions, including same survey became wrapped around waters and throughout the year, with a foraging behavior and considerations the fluke of an adult bottlenose dolphin. goal of 7–10 percent coverage. No regarding entanglement risks. Capture or Both animals were considered part of bycatch of bottlenose dolphins has been entanglement may occur whenever the Northern Gulf of Mexico coastal recorded by state observers, although marine mammals are swimming near stock and documented as taken by stranding data continue to indicate the gear, intentionally (e.g., foraging) or mortality. Most recently, on July 3, interactions with this fishery occur. One unintentionally (e.g., migrating), and 3018, a dolphin from the Sarasota Bay gillnet take has also occurred in any animal captured in a net is at stock was entangled in a GULFSPAN commercial fishing off a Florida’s east significant risk of drowning unless survey gillnet. Researchers were coast in March 2015 (eastern coastal quickly freed. Animals can also be attending the net when the dolphin stock); the animal was released alive but captured or entangled in netting or tow became entangled and were able to considered seriously injured. In the lines (also called lazy lines) other than respond immediately. All gear was GOMRA, no marine mammal mortalities the main body of the net; animals may removed from the animal, no injuries associated with commercial gillnet become entangled around the head, were observed, and the dolphin was fisheries have been reported or observed body, flukes, pectoral fins, or dorsal fin. observed breathing multiple times after despite observer coverage on Interaction that does not result in the release. commercial fishing vessels in Alabama, immediate death of the animal by TPWD also has a history of taking Mississippi, and Louisiana since 2012 drowning can cause injury (i.e., Level A bottlenose dolphins during gillnet (Waring et al. 2016). harassment) or serious injury. fisheries research. In 35 years of TPWD Trawl nets—As described previously, Constricting lines wrapped around the gill net sampling (1983–2017), and with trawl nets are towed nets (i.e., active animal can immobilize the animal or over 26,067 gillnet sets, there have been fishing) consisting of a cone-shaped net injure by cutting into or through 32 to 35 dolphin entangled in the net with a codend or bag for collecting the blubber, muscles and bone (i.e., (range is due to possible double fish and can be designed to fish at the penetrating injuries) or constricting counting incidents or two animals being bottom, surface, or any other depth in blood flow to or severing appendages. entangled at the same time but logged as the water column. Trawls are Immobilization of the animal can cause one incident during early years of categorized as bottom, skimmer or mid- internal injuries from prolonged stress reporting). According to the incident water trawls based on where they are and/or severe struggling and/or impede reports submitted to NMFS, 7 towed in the water column. Trawl nets the animal’s ability to feed (resulting in encounters (comprising eight animals) have the potential to capture or entangle starvation or reduced fitness) (Andersen resulted in mortality, 2 were serious marine mammals. The likelihood of an et al., 2008).

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As described in the Description of 2007, the HSU conducted preliminary Six of the animals were dead upon net Specific Activity section, all trawls have diver assisted trials with polydac and retrieval and two animals were released lazy lines. For otter trawls, conventional polyester hard lay ropes as a alive and determined not be serious lazy lines are attached at their forward replacement for traditional injury. In 2001, a dolphin was caught in end to the top/back edge of the inside polypropylene. Polydac rope is a blend a bottom trawl during SCDNR’s sea trawl door closest to the vessel and at of polyester and polypropylene. turtle research survey. Information their aft end to either a ‘‘choker strap’’ Compared to polypropylene, polydac regarding this take are sparse (date and that consists of a line looped around the rope has similar properties including location are unknown) but the animal forward portion of the codend or a ring negligible water absorption and was released alive. On July 28, 2006, in the ‘‘elephant ear,’’ which is a ultraviolet (UV) light resistance. and again later that year on October 5, triangle of reinforced webbing sewn to However, polydac may be constructed bottlenose dolphins belonging to South the codend. Both ‘‘choker straps’’ and with a harder lay than traditional Carolina/Georgia coastal and southern ‘‘elephant ears’’ act as lifting straps to polypropylene rope, which prevents it migratory coastal stock, respectively, bring the codend onboard the vessel. from knotting easily. Divers found the was found dead in a bottom trawl net The length of the lazy line is dependent polydac and polyester lines to be used during the fall Southeast Area on trawl size with conventional lazy significantly stiffer and less pliable Monitoring and Assessment Program lines having sufficient length to allow underwater than the conventional (SEAMAP) SA Coastal Trawl survey. the codend of the trawl to be hauled to polypropylene lines. When towed, Both animals were taken back to partner the side of the vessel after trawls have divers noted that the polypropylene labs for necropsy. On July 11, 2012, a been retrieved. The lazy line is routed rope was positively buoyant and arced bottlenose dolphin belonging to the through a block and wound around a upward, while polydac and polyester South Carolina/Georgia coastal stock capstan to lift the codend to the side of ropes were negatively buoyant and was also caught in a bottom trawl net the boat where the catch can be easily arced downward. during the In-Water Sea Turtle Research emptied on deck. During active The 2007 diver evaluations were survey. The net was immediately commercial trawling, the lazy line is followed by sea trial evaluations of five retrieved and the animal was released long enough to form a 10–12 ft loop different types of rope made from alive, breathing without difficulty and behind the codend. When traditional polypropylene, polyethylene, or nylon swiftly swimming away. On August 2, polypropylene rope is used, this loop as lazy lines in a standard twin-rigged 2012 a bottlenose dolphin also floats even with or slightly above and shrimp trawl configuration (Hataway belonging to the South Carolina/Georgia behind the codend. It is in this loop 2008). The study utilized a Dual- coastal stock was captured in the trawl section where many lazy line dolphin Frequency Identification Sonar net during the summer SEAMAP–SA interactions have been observed. (DIDSON) to image bottlenose dolphins Coastal Trawl survey. The animal was Lazy lines are most commonly made interacting with the lazy lines. Dolphin dead upon net retrieval. Most recently, from polypropylene. Because behaviors observed during the study on July 20, 2016, a bottlenose dolphin polypropylene is manufactured in a included; rubbing, sliding down, and belonging to the South Carolina/Georgia manner that produces soft lay rope, it is pulling the lazy line. No statistical coastal stock was taken in a bottom limber and can be dropped in a pile. analyses were conducted, but trawl during the In-Water Sea Turtle This property lends to the potential risk researchers noted that no differences in Research survey. Upon net retrieval, a of half hitching around bottlenose the frequency or types of interactions suspected juvenile bottlenose dolphin, dolphin flukes when they interact with observed were apparent between line approximately 6 feet in length, was the line. In addition, polypropylene types. observed in the starboard codend of the rope does not absorb water or lose In the estuary and coastal waters, trawl net. Although the animal was strength when wet and becomes prickly dolphins are attracted to and are released alive, it was listless and not to the touch as it ages, which may consistently present during fishery actively swimming when returned to the contribute to bottlenose dolphin rubbing research trawls. Dolphins are known to water. Therefore, the event was behavior. attend operating nets in order to either documented as a take by mortality. When interacting with lazy lines, benefit from disturbance of the bottom In the GOMRA, a bottlenose dolphin bottlenose dolphins are often observed or to prey on discards or fish within the belonging to the Mississippi Sound, rubbing, corkscrewing, or biting the aft net. Researchers have also identified Lake Borge, Bay Boudreau stock was portion of the line ahead of the point of that holes in trawl nets from dolphins captured in a skimmer trawl on October attachment on the trawl (Greenman are typically located in net pockets 23, 2013, during the SEFSC Skimmer 2012). Although reasons for these where fish congregate. Pelagic trawls Trawl TED Testing survey. The animal behaviors are poorly understood, this have the potential to capture cetaceans was observed breathing at the surface in type of interaction poses an because the nets may be towed at faster the trawl upon retrieval of tailbag. To entanglement threat. When speeds. These trawls are more likely to free the animal, the researchers corkscrewing on the lazy line, animals target species that are important prey for redeployed the bag and slowed the run the risk of the line wrapping around marine mammals (e.g., squid, mackerel), vessel, allowing the animal to swim their fluke in a half-hitch preventing and the likelihood of working in deeper away unharmed. On October 1, 2014, a escapement. Soldevilla et al. (2016) waters means that a more diverse bottlenose dolphin belonging to the provided bottlenose dolphin bycatch assemblage of species could potentially same stock was taken during the same estimates for the Gulf of Mexico (GOM) be present (Hall et al., 2000). survey. The animal was dead upon net shrimp otter trawl fishery for 2012– According to the PSIT database, there retrieval. 2014. The study found interactions with are nine documented takes of marine In November 2010, NMFS elevated lazy lines represented the most common mammals (7 ARA, 2 GOMRA) incidental the Southeast Atlantic shrimp trawl mode of entanglement observed. to SEFSC trawl-based fishery research fishery from a Category II to Category III The SEFSC Harvesting Systems Unit since 2002; all are bottlenose dolphins. fishing. From May through December (HSU) has conducted limited research In the ARA, all animals were taken in 2010, Greenman et al. (2013) examining the potential use of lazy lines a bottom trawl while skimmer trawls investigated interactions between the constructed of alternative materials. In were implicated in takes in the GOMRA. South Carolina shrimping fleet and

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bottlenose dolphins. Methods included can still result in entanglement in buoy taken incidental to longline fisheries fishery-independent (SCNDR fisheries lines or hooking as the line is either research. On August 6, 2013, while research surveys) and fishery-dependent deployed or retrieved. The rate of retrieving bottom longline gear during onboard observations, a shrimper interaction between longline fisheries the SEAMAP–GOM Bottom Longline survey, and stranding record research. and marine mammals depends on the survey, a dolphin was caught by a circle The authors found that of the 385 tows degree of overlap between longline hook during a longline research survey. observed, dolphins were present 45 effort and species distribution, hook After less than 60 seconds, the animal percent of the time (173 tows). Of these style and size, type of bait and target broke free from the gear and swam away tows, dolphins were present 12 percent catch, and fishing practices (such as vigorously, but the hook and of the time at set-out and 44 percent of setting/hauling during the day or at approximately 2 m of trailing line the time during haul back. According to night). remained attached to the animal. As the shrimper survey, most fishermen Rod and reel gear carry less potential such, the incident was documented as a report dolphins rubbing bodies on the for marine mammal interaction, but the serious injury. While a lack of repeated net or biting or tugging on nets or lines. use of baited hooks in the presence of historical interaction does not in and of However, 39 of the 44 fishermen inquisitive marine mammals carries itself indicate that future interactions surveyed reported a dolphin has never some risk. However, the small amount are unlikely, we believe that the become entangled in the net while 38 of of hook and line operations in relation historical record, considered in context the 44 fishermen reported a dolphin has to longline operations and the lack of with the frequency and timing of these never become entangled in the lazy line. extended, unattended soak times mean activities, as well as mitigation Hook and Line—Marine mammals that use of rod and reel is much less measures employed indicate that future may be hooked or entangled in longline likely to result in marine mammal marine mammal interactions with these gear, with interactions potentially interactions for pelagic species. gears would be uncommon but not resulting in death due to drowning, However, bottlenose dolphins are totally unexpected. strangulation, severing of carotid known to interact with commercial and Other research gear—All other gear arteries or the esophagus, infection, an recreational rod and reel fishermen. The used in SEFSC fisheries research (e.g., a inability to evade predators, or SEFSC rod and reel fishing would variety of plankton nets, eel and starvation due to an inability to catch implement various mitigation measures chevron traps, CTDs, ROVs) do not have prey (Hofmeyr et al., 2002), although it including consistent monitoring and the expected potential for marine is more likely that animals will survive pulling lines from water should marine mammal interactions and are not known being hooked if they are able to reach mammals, especially bottlenose to have been involved in any marine the surface to breathe. Injuries, which dolphins, be at risk of interaction. mammal interaction. Specifically, we may include serious injury, include Therefore, we find a reduced potential consider very small nets (e.g., bongo and lacerations and puncture wounds. for interaction from SEFSC rod and reel nueston nets), CTDs, ROVs, and Animals may attempt to depredate surveys than compared to commercial vertically deployed or towed imaging either bait or catch, with subsequent and recreational fishing. systems to be no-impact gear types. hooking, or may become accidentally Many species of cetaceans and Unlike trawl nets, gillents, and hook entangled. As described for trawls, pinnipeds are documented to have been and line gear, which are used in both entanglement can lead to constricting killed by longlines, including several scientific research and commercial lines wrapped around the animals and/ large whales, porpoises, a variety of fishing applications, the gear and or immobilization, and even if delphinids, seals, and sea lions (Perez, equipment discussed here are not entangling materials are removed the 2006; Young and Iudicello, 2007; considered similar or analogous to any wounds caused may continue to weaken Northridge, 1984, 1991; Wickens, 1995). commercial fishing gear and are not the animal or allow further infection Generally, direct interaction between designed to capture any commercially (Hofmeyr et al., 2002). longlines and marine mammals (both salable species, or to collect any sort of Large whales may become entangled cetaceans and pinnipeds) has been sample in large quantities. They do not in a longline and then break free with recorded wherever longline fishing and have the potential to take marine a portion of gear trailing, resulting in animals co-occur. A lack of recorded mammals primarily because of their alteration of swimming energetics due interactions where animals are known design, size, or how they are deployed. to drag and ultimate loss of fitness and to be present may indicate simply that For example, CTDs are typically potential mortality (Andersen et al., longlining is absent or an insignificant deployed in a vertical cast on a cable 2008). Weight of the gear can cause component of fisheries in that region or and have no loose lines or other entangling lines to further constrict and that interactions were not observed, entanglement hazards. A bongo net is further injure the animal. Hooking recorded, or reported. typically deployed on a cable, whereas injuries and ingested gear are most In evaluating risk relative to a specific neuston nets (these may be plankton common in small cetaceans and fishery (or research survey), one must nets or small trawls) are often deployed pinnipeds but have been observed in consider the length of the line and in the upper one meter of the water large cetaceans (e.g., sperm whales). The number of hooks deployed as well as column; either net type has very small severity of the injury depends on the frequency, timing, and location of size (e.g., two bongo nets of 0.5 m2 each species, whether ingested gear includes deployment. These considerations or a neuston net of approximately 2 m2) hooks, whether the gear works its way inform determinations of whether and no trailing lines. Due to lack of into the gastrointestinal (GI) tract, interaction with marine mammals is potential to result in harassment to whether the gear penetrates the GI likely. As with other gear and fishing marine mammals, these other gear types lining, and the location of the hooking practice comparisons to those involved are not considered further in this (e.g., embedded in the animal’s stomach in commercial fisheries, the longlines document. or other internal body parts) (Andersen used by the SEFSC are shorter and are Potential Effects of Underwater et al., 2008). not set as long. Sound—Anthropogenic sounds cover a Bottom longlines pose less of a threat According to the PSIT database, one broad range of frequencies and sound to marine mammals due to their bottlenose dolphin belonging to the levels and can have a range of highly deployment on the ocean bottom but Mobile Bay, Bonsecour Bay stock was variable impacts on marine life, from

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none or minor to potentially severe output levels of these sources and the SWFSC and NWFSC proposed rules for responses, depending on received levels that would likely be required for incidental take of marine mammals levels, duration of exposure, behavioral animals to detect them would be on the incidental to fisheries research and the context, and various other factors. The order of a few meters. The probability SEFSC’s application, the potential for potential effects of underwater sound for injury or disturbance from these PTS is extremely low given the high from active acoustic sources can sources is discountable; therefore, no frequency and directionality of the potentially result in one or more of the take is proposed to be authorized by active acoustic sources used during following: Temporary or permanent Category 1 sources. fisheries research. Because the hearing impairment, non-auditory frequency ranges of all sources are Auditory Thresholds Shifts physical or physiological effects, outside the hearing range of baleen behavioral disturbance, stress, and NMFS defines threshold shift (TS) as whales (with the exception of the 18 masking (Richardson et al., 1995; ‘‘a change, usually an increase, in the kHz mode of the Simrad EK60), we do Gordon et al., 2004; Nowacek et al., threshold of audibility at a specified not anticipate PTS to occur for 2007; Southall et al., 2007; Go¨tz et al., frequency or portion of an individual’s mysticetes. Any potential PTS for mid- 2009). The degree of effect is hearing range above a previously frequency and high-frequency cetaceans intrinsically related to the signal established reference level’’ (NMFS, is also very low given the cone of characteristics, received level, distance 2016). Threshold shift can be permanent highest received levels is centered from the source, duration of the sound (PTS) or temporary (TTS). As described under the ship because, while exposure, and context in which the in NMFS (2016), there are numerous echosounders may transmit at high signal is received. factors to consider when examining the sound pressure levels, the very short When considering the potential for a consequence of TS, including, but not duration of their pulses and their high marine mammal to be harassed by a limited to, the signal temporal pattern spatial selectivity make them unlikely to sound-generating source, we consider (e.g., impulsive or non-impulsive), cause damage to marine mammal multiple signal characteristics, likelihood an individual would be auditory systems (Lurton and DeRuiter, including, but not limited to, sound exposed for a long enough duration or 2011). Natural avoidance responses by type (e.g., impulsive vs. non-impulsive; to a high enough level to induce a TS, animals to the proximity of the vessel at continuous vs. intermittent), frequency the magnitude of the TS, time to these extremely close ranges would (expressed as hertz (Hz) or kilohertz recovery (seconds to minutes or hours to likely further reduce their probability of (kHz), and source levels (expressed as days), the frequency range of the being exposed to these levels. decibels (dB)). A sound pressure level exposure (i.e., spectral content), the (SPL) in dB is described as the ratio hearing and vocalization frequency Temporary Threshold Shift between a measured pressure and a range of the exposed species relative to NMFS defines TTS as ‘‘a temporary, reference pressure (for underwater the signal’s frequency spectrum (i.e., reversible increase in the threshold of sound, this is 1 microPascal [mPa]). how animal uses sound within the audibility at a specified frequency or Typically SPLs are expressed as root frequency band of the signal; e.g., portion of an individual’s hearing range mean square (rms) values which is the Kastelein et al. 2014b), and their overlap above a previously established reference quadratic mean sound pressure over the (e.g., spatial, temporal, and spectral). level’’ (NMFS, 2016). A TTS of 6 dB is considered the minimum threshold shift duration of an impulse or sound Permanent Threshold Shift exposure levels (SEL; represented as dB clearly larger than any day-to-day or re 1 mPa2-s) which represents the total NMFS defines PTS as ‘‘a permanent, session-to-session variation in a energy contained within a pulse, and irreversible increase in the threshold of subject’s normal hearing ability considers both intensity and duration of audibility at a specified frequency or (Schlundt et al., 2000; Finneran et al., exposure. portion of an individual’s hearing range 2000; Finneran et al. 2002, as reviewed The SEFSC would not use acoustic above a previously established reference in Southall et al., 2007 for a review)). sources with spectral characteristics level’’ (NMFS, 2016). It is the permanent TTS can last from minutes or hours to resembling non-impulsive, continuous elevation in hearing threshold resulting days (i.e., there is recovery), occur in noise (e.g., drilling). For impulsive from irreparable damage to structures of specific frequency ranges (i.e., an sounds, peak sound pressure levels (PK) the inner ear (e.g., sensory hair cells, animal might only have a temporary also provide an indication of potential cochlea) or central auditory system loss of hearing sensitivity between the harassment. We also consider other (ANSI, 1995; Ketten 2000). Available frequencies of 1 and 10 kHz)), and can source characteristics when assessing data from humans and other terrestrial be of varying amounts (for example, an potential effects such as directionality mammals indicate that a measured 40 animal’s hearing sensitivity might be and beam width of fishery sonar dB threshold shift approximates PTS temporarily reduced by only 6 dB or equipment such as the ones involved onset (see Ward et al. 1958; Ward et al. reduced by 30 dB). Currently, TTS here. 1959; Kryter et al. 1966; Miller 1974; measurements exist for only four As described above, category 1 Henderson et al. 2008). Unlike TTS, species of cetaceans (bottlenose sources (those operating above 180kHz), NMFS considers PTS auditory injury dolphins, belugas, harbor porpoises, and are determined to have essentially no and therefore constitutes Level A Yangtze finless porpoise) and three probability of being detected by or harassment, as defined in the MMPA. species of pinnipeds (Northern elephant resulting in any potential adverse With the exception of a single study seal, harbor seal, and California sea impacts on marine species. This unintentionally inducing PTS in a lion). These TTS measurements are from conclusion is based on the fact that harbor seal (Kastak et al., 2008), there a limited number of individuals within operating frequencies are above the are no empirical data measuring PTS in these species. known hearing capabilities of any marine mammals largely due to the fact Depending on the degree (elevation of marine species (as described above). that, for various ethical reasons, threshold in dB), duration (i.e., recovery Although sounds that are above the experiments involving anthropogenic time), and frequency range of TTS, and functional hearing range of marine noise exposure at levels inducing PTS the context in which it is experienced, animals may be audible if sufficiently are not typically pursued or authorized TTS can have effects on marine loud (e.g., see M

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serious (similar to those discussed in discussion provided by Southall et al. that any behavioral responses would be auditory masking, below). For example, (2007), Lurton and DeRuiter (2011) unlikely to be significant. Similarly, a marine mammal may be able to readily modeled the potential impacts of Boebel et al. (2006) considered the compensate for a brief, relatively small conventional echosounders on marine Hydrosweep system in relation to the amount of TTS in a non-critical mammals, estimating TTS onset at risk for direct or indirect injury, frequency range that takes place during typical distances of 10–100 m for the concluding that (1) risk of TTS (please a time when the animal is traveling kinds of sources considered here. see Boebel et al. (2006) for assumptions through the open ocean, where ambient Kremser et al. (2005) modeled the regarding TTS onset) would be less than noise is lower and there are not as many potential for TTS in blue, sperm, and two percent of the risk of ship strike and competing sounds present. beaked whales (please see Kremser et al. (2) risk of behaviorally-induced damage Alternatively, a larger amount and (2005) for discussion of assumptions would be essentially nil due to longer duration of TTS sustained during regarding TTS onset in these species) differences in source characteristics time when communication is critical for from a multibeam echosounder, finding between scientific sonars and sources successful mother/calf interactions similarly that TTS would likely only typically associated with stranding could have more serious impacts. We occur at very close ranges to the hull of events (e.g., mid-frequency active sonar, note that reduced hearing sensitivity as the vessel. The authors estimated ship but see discussion of the 2008 a simple function of aging has been movement at 12 kn (faster than SEFSC Madagascar stranding event below). It observed in marine mammals, as well as vessels would typically move), which should be noted that the risk of direct humans and other taxa (Southall et al., would result in an underestimate of the injury may be greater when a vessel 2007), so we can infer that strategies potential for TTS to occur. But the operates sources while on station (i.e., exist for coping with this condition to modeled system (Hydrosweep) operates stationary), as there is a greater chance some degree, though likely not without at lower frequencies and with a wider for an animal to receive the signal when cost. beam pattern than do typical SEFSC the vessel is not moving. As described previously (see systems, which would result in a likely Boebel et al. (2005) report the results Description of Active Acoustic Sound more significant overestimate of TTS of a workshop in which a structured, Sources), the SEFSC proposes to use potential. The results of both studies qualitative risk analysis of a range of various active acoustic sources, emphasize that these effects would very acoustic technology was undertaken, including echosounders (e.g., likely only occur in the cone ensonified specific to use of such technology in the multibeam systems), scientific sonar below the ship and that animal Antarctic. The authors assessed a single- systems, positional sonars (e.g., net responses to the vessel (sound or beam echosounder commonly used for sounders for determining trawl physical presence) at these extremely position), and environmental sensors collecting bathymetric data (12 kHz, 232 close ranges would very likely influence dB, 10° beam width), an array of single- (e.g., current profilers). These acoustic their probability of being exposed to sources are not as powerful as many beam echosounders used for mapping these levels. At the same distances, but krill (38, 70, 120, and 200 kHz; 230 dB; typically investigated acoustic sources to the side of the vessel, animals would ° (e.g., seismic airguns, low- and mid- 7 beam width), and a multibeam not be exposed to these levels, greatly echosounder (30 kHz, 236 dB, 150° x 1° frequency active sonar used for military decreasing the potential for an animal to purposes) which produce signals that swath width). For each source, the be exposed to the most intense signals. authors produced a matrix displaying are either much lower frequency and/or For example, Kremser et al. (2005) note higher total energy (considering output the severity of potential consequences that SPLs outside the vertical lobe, or sound levels and signal duration) than (on a six-point scale) against the beam, decrease rapidly with distance, the high-frequency mapping and fish- likelihood of occurrence for a given such that SPLs within the horizontal finding systems used by the SEFSC. degree of severity. For the former two lobes are about 20 dB less than the value There has been relatively little attention systems, the authors determined on the found in the center of the beam. For given to the potential impacts of high- basis of the volume of water potentially certain species (i.e., odontocete frequency sonar systems on marine life, affected by the system and comparisons cetaceans and especially harbor largely because their combination of between its output and available TTS porpoises), these ranges may be high output frequency and relatively data that the chance of TTS only exists somewhat greater based on more recent low output power means that such in a small volume immediately under systems are less likely to impact many data (Lucke et al., 2009; Finneran and the transducers, and that consequences marine species. However, some marine Schlundt, 2010) but are likely still on of level four and above were mammals do hear and produce sounds the order of hundreds of meters. In inconceivable, whereas level one within the frequency range used by addition, potential behavioral responses consequences (‘‘Individuals show no these sources and ambient noise is further reduce the already low response, or only a temporary (minutes) much lower at high frequencies, likelihood that an animal may approach behavior change’’) would be expected in increasing the probability of signal close enough for any type of hearing almost all instances. Some minor detection relative to other sounds in the loss to occur. displacement of animals in the environment. Various other studies have evaluated immediate vicinity of the ship may As noted above, relatively high levels the environmental risk posed by use of occur. For the multibeam echosounder, of sound are likely required to cause specific scientific sonar systems. Boebel et al. (2005) note that the high TTS in marine mammals. However, Burkhardt et al. (2007) considered the output and broad width of the swath there may be increased sensitivity to Simrad EK60, which is used by the abeam of the vessel makes displacement TTS for certain species generally (harbor SEFSC, and concluded that direct injury of animals more likely. However, the porpoise; Lucke et al., 2009) or (i.e., sound energy causes direct tissue fore and aft beamwidth is small and the specifically at higher sound exposure damage) and indirect injury (i.e., self- pulse length very short, so the risk of frequencies, which correspond to a damaging behavior as response to ensonification above TTS levels is still species’ best hearing range (20 kHz vs. acoustic exposure) would be unlikely considered quite small and the 3 kHz for bottlenose dolphins; Finneran given source and operational use (i.e., likelihood of auditory or other injuries and Schlundt, 2010). Based on vessel movement) characteristics, and low. In general, the authors reached the

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same conclusions described for the high levels, as would be necessary to and any reactions depend on numerous single-beam systems but note that more cause TTS. Additionally, given that intrinsic and extrinsic factors (e.g., severe impacts—including fatalities behavioral responses typically include species, state of maturity, experience, resulting from herding of sensitive the temporary avoidance that might be current activity, reproductive state, species in narrow sea ways—are at least expected (see below), the potential for auditory sensitivity, time of day), as possible (i.e., may occur in exceptional auditory effects considered well as the interplay between factors circumstances). However, the physiological damage (injury) is (e.g., Richardson et al., 1995; Wartzok et probability of herding remains low not considered extremely low in relation to al., 2003; Southall et al., 2007; Weilgart, just because of the rarity of the realistic operations of these devices. 2007; Archer et al., 2010). Behavioral necessary confluence of species, Given the fact that fisheries research reactions can vary not only among bathymetry, and likely other factors, but survey vessels are moving, the individuals but also within an because the restricted beam shape likelihood that animals may avoid the individual, depending on previous makes it unlikely that an animal would vessel to some extent based on either its experience with a sound source, be exposed more than briefly during the physical presence or due to aversive context, and numerous other factors passage of the vessel (Boebel et al., sound (vessel or active acoustic (Ellison et al., 2012), and can vary 2005). More recently, Lurton (2016) sources), and the intermittent nature of depending on characteristics associated conducted a modeling exercise and many of these sources, the potential for with the sound source (e.g., whether it concluded similarly that likely potential TTS is probably low for high-frequency is moving or stationary, number of for acoustic injury from these types of cetaceans and very low to zero for other sources, distance from the source). systems is negligible, but that behavioral species. Habituation can occur when an response cannot be ruled out. animal’s response to a stimulus wanes Characteristics of the sound sources Behavioral Effects on Marine Mammals with repeated exposure, usually in the used by SEFSC reduce the likelihood of Category 2 active acoustic sources are absence of unpleasant associated events effects to marine mammals, as well as likely to be audible to some marine (Wartzok et al., 2003). Animals are most the intensity of effect assuming that an mammal species. Among the marine likely to habituate to sounds that are animal perceives the signal. Intermittent mammals, most of these sources are predictable and unvarying. It is exposures—as would occur due to the unlikely to be audible to whales and important to note that habituation is brief, transient signals produced by most pinnipeds, whereas they may be appropriately considered as a these sources—require a higher detected by odontocete cetaceans (and ‘‘progressive reduction in response to cumulative SEL to induce TTS than particularly high frequency specialists stimuli that are perceived as neither would continuous exposures of the such as harbor porpoise). Richardson et aversive nor beneficial,’’ rather than as, same duration (i.e., intermittent al. (1995) described zones of increasing more generally, moderation in response exposure results in lower levels of TTS) intensity of effect that might be to human disturbance (Bejder et al., (Mooney et al., 2009a; Finneran et al., expected to occur, in relation to 2009). The opposite process is 2010). In addition, animals recover from distance from a source and assuming sensitization, when an unpleasant intermittent exposures faster in that the signal is within an animal’s experience leads to subsequent comparison to continuous exposures of hearing range. First is the area within responses, often in the form of the same duration (Finneran et al., which the acoustic signal would be avoidance, at a lower level of exposure. 2010). Although echosounder pulses audible (potentially perceived) to the As noted, behavioral state may affect the are, in general, emitted rapidly, they are animal but not strong enough to elicit type of response. For example, animals not dissimilar to odontocete any overt behavioral or physiological that are resting may show greater echolocation click trains. Research response. The next zone corresponds behavioral change in response to indicates that marine mammals with the area where the signal is audible disturbing sound levels than animals generally have extremely fine auditory to the animal and of sufficient intensity that are highly motivated to remain in temporal resolution and can detect each to elicit behavioral or physiological an area for feeding (Richardson et al., signal separately (e.g., Au et al., 1988; responses. Third is a zone within 1995; NRC, 2003; Wartzok et al., 2003). Dolphin et al., 1995; Supin and Popov, which, for signals of high intensity, the Controlled experiments with captive 1995; Mooney et al., 2009b), especially received level is sufficient to potentially marine mammals have showed for species with echolocation cause discomfort or tissue damage to pronounced behavioral reactions, capabilities. Therefore, it is likely that auditory or other systems. Overlaying including avoidance of loud sound marine mammals would indeed these zones to a certain extent is the sources (Ridgway et al., 1997; Finneran perceive echosounder signals as being area within which masking (i.e., when a et al., 2003). Observed responses of wild intermittent. sound interferes with or masks the marine mammals to loud pulsed sound We conclude that, on the basis of ability of an animal to detect a signal of sources (typically seismic airguns or available information on hearing and interest that is above the absolute acoustic harassment devices) have been potential auditory effects in marine hearing threshold) may occur; the varied but often consist of avoidance mammals, high-frequency cetacean masking zone may be highly variable in behavior or other behavioral changes species would be the most likely to size. suggesting discomfort (Morton and potentially incur temporary hearing loss Behavioral disturbance may include a Symonds, 2002; see also Richardson et from a vessel operating high-frequency variety of effects, including subtle al., 1995; Nowacek et al., 2007). fishery research sonar sources, and the changes in behavior (e.g., minor or brief Available studies show wide variation potential for PTS to occur for any avoidance of an area or changes in in response to underwater sound; species is so unlikely as to be vocalizations), more conspicuous therefore, it is difficult to predict discountable. Even for high-frequency changes in similar behavioral activities, specifically how any given sound in a cetacean species, individuals would and more sustained and/or potentially particular instance might affect marine have to make a very close approach and severe reactions, such as displacement mammals perceiving the signal. If a also remain very close to vessels from or abandonment of high-quality marine mammal does react briefly to an operating these sources in order to habitat. Behavioral responses to sound underwater sound by changing its receive multiple exposures at relatively are highly variable and context-specific behavior or moving a small distance, the

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impacts of the change are unlikely to be respiration rates may either be signals exist, although observations of significant to the individual, let alone unaffected or could increase, depending flight responses to the presence of the stock or population. However, if a on the species and signal characteristics, predators have occurred (Connor and sound source displaces marine again highlighting the importance in Heithaus, 1996). The result of a flight mammals from an important feeding or understanding species differences in the response could range from brief, breeding area for a prolonged period, tolerance of underwater noise when temporary exertion and displacement impacts on individuals and populations determining the potential for impacts from the area where the signal provokes could be significant (e.g., Lusseau and resulting from anthropogenic sound flight to, in extreme cases, marine Bejder, 2007; Weilgart, 2007; NRC, exposure (e.g., Kastelein et al., 2001, mammal strandings (Evans and 2005). However, there are broad 2005b, 2006; Gailey et al., 2007). England, 2001). However, it should be categories of potential response, which Marine mammals vocalize for noted that response to a perceived we describe in greater detail here, that different purposes and across multiple predator does not necessarily invoke include alteration of dive behavior, modes, such as whistling, echolocation flight (Ford and Reeves, 2008), and alteration of foraging behavior, effects to click production, calling, and singing. whether individuals are solitary or in breathing, interference with or alteration Changes in vocalization behavior in groups may influence the response. of vocalization, avoidance, and flight. response to anthropogenic noise can Behavioral disturbance can also Changes in dive behavior can vary occur for any of these modes and may impact marine mammals in more subtle widely and may consist of increased or result from a need to compete with an ways. Increased vigilance may result in decreased dive times and surface increase in background noise or may costs related to diversion of focus and intervals as well as changes in the rates reflect increased vigilance or a startle attention (i.e., when a response consists of ascent and descent during a dive (e.g., response. For example, in the presence of increased vigilance, it may come at Frankel and Clark, 2000; Costa et al., of potentially masking signals, the cost of decreased attention to other 2003; Ng and Leung, 2003; Nowacek et humpback whales and killer whales critical behaviors such as foraging or al.; 2004; Goldbogen et al., 2013a, b). have been observed to increase the resting). These effects have generally not Variations in dive behavior may reflect length of their songs (Miller et al., 2000; been demonstrated for marine interruptions in biologically significant Fristrup et al., 2003; Foote et al., 2004), mammals, but studies involving fish activities (e.g., foraging) or they may be while right whales have been observed and terrestrial animals have shown that of little biological significance. The to shift the frequency content of their increased vigilance may substantially impact of an alteration to dive behavior calls upward while reducing the rate of reduce feeding rates (e.g., Beauchamp resulting from an acoustic exposure calling in areas of increased and Livoreil, 1997; Fritz et al., 2002; depends on what the animal is doing at anthropogenic noise (Parks et al., Purser and Radford, 2011). In addition, the time of the exposure and the type 2007b). In some cases, animals may chronic disturbance can cause and magnitude of the response. cease sound production during population declines through reduction Disruption of feeding behavior can be production of aversive signals (Bowles of fitness (e.g., decline in body difficult to correlate with anthropogenic et al., 1994). sound exposure, so it is usually inferred Avoidance is the displacement of an condition) and subsequent reduction in by observed displacement from known individual from an area or migration reproductive success, survival, or both foraging areas, the appearance of path as a result of the presence of a (e.g., Harrington and Veitch, 1992; Daan secondary indicators (e.g., bubble nets sound or other stressors, and is one of et al., 1996; Bradshaw et al., 1998). or sediment plumes), or changes in dive the most obvious manifestations of However, Ridgway et al. (2006) reported behavior. As for other types of disturbance in marine mammals that increased vigilance in bottlenose behavioral response, the frequency, (Richardson et al., 1995). For example, dolphins exposed to sound over a five- duration, and temporal pattern of signal gray whales are known to change day period did not cause any sleep presentation, as well as differences in direction—deflecting from customary deprivation or stress effects. species sensitivity, are likely migratory paths—in order to avoid noise Many animals perform vital functions, contributing factors to differences in from seismic surveys (Malme et al., such as feeding, resting, traveling, and response in any given circumstance 1984). Avoidance may be short-term, socializing, on a diel cycle (24-hour (e.g., Croll et al., 2001; Nowacek et al.; with animals returning to the area once cycle). Disruption of such functions 2004; Madsen et al., 2006; Yazvenko et the noise has ceased (e.g., Bowles et al., resulting from reactions to stressors al., 2007). A determination of whether 1994; Goold, 1996; Morton and such as sound exposure are more likely foraging disruptions incur fitness Symonds, 2002; Gailey et al., 2007). to be significant if they last more than consequences would require Longer-term displacement is possible, one diel cycle or recur on subsequent information on or estimates of the however, which may lead to changes in days (Southall et al., 2007). energetic requirements of the affected abundance or distribution patterns of Consequently, a behavioral response individuals and the relationship the affected species in the affected lasting less than one day and not between prey availability, foraging effort region if habituation to the presence of recurring on subsequent days is not and success, and the life history stage of the sound does not occur (e.g., considered particularly severe unless it the animal. Blackwell et al., 2004; Bejder et al., could directly affect reproduction or Variations in respiration naturally 2006; Teilmann et al., 2006). survival (Southall et al., 2007). Note that vary with different behaviors and A flight response is a dramatic change there is a difference between multi-day alterations to breathing rate as a in normal movement to a directed and substantive behavioral reactions and function of acoustic exposure can be rapid movement away from the multi-day anthropogenic activities. For expected to co-occur with other perceived location of a sound source. example, just because an activity lasts behavioral reactions, such as a flight The flight response differs from other for multiple days does not necessarily response or an alteration in diving. avoidance responses in the intensity of mean that individual animals are either However, respiration rates in and of the response (e.g., directed movement, exposed to activity-related stressors for themselves may be representative of rate of travel). Relatively little multiple days or, further, exposed in a annoyance or an acute stress response. information on flight responses of manner resulting in sustained multi-day Various studies have shown that marine mammals to anthropogenic substantive behavioral responses.

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Few experiments have been echosounder use. Beaked whales have Increases in the circulation of conducted to explicitly test for potential also not consistently been observed to glucocorticoids are also equated with effects of echosounders on the behavior elicit behaviors across species or source stress (Romano et al., 2004). of wild cetaceans. Quick et al. (2017) type. For example, Cuvier’s beaked The primary distinction between describe an experimental approach to whales have strongly avoided playbacks stress (which is adaptive and does not assess potential changes in short-finned of mid-frequency active sonar at normally place an animal at risk) and pilot whale behavior during exposure to distances of 10 km but reacted much ‘‘distress’’ is the cost of the response. an echosounder (Simrad EK60 operated less severely to naval sonar operating During a stress response, an animal uses at 38 kHz, which is commonly used by 118 km away, despite similar RLs glycogen stores that can be quickly SESC). In 2011, digital acoustic (DeRuiter et al. 2013). replenished once the stress is alleviated. recording tags (DTAG) were attached to Based on the available data, NMFS In such circumstances, the cost of the pilot whales off of North Carolina, with anticipates beaked whales and harbor stress response would not pose serious five of the nine tagged whales exposed porpoise are more likely to respond in fitness consequences. However, when to signals from the echosounder over a a manner that may rise to the level of an animal does not have sufficient period of eight days and four treated as take to SEFSC acoustic sources. energy reserves to satisfy the energetic control animals. DTAGS record both However, the method by which take is costs of a stress response, energy received levels of noise as well as quantified in this proposed rule is resources must be diverted from other orientation of the animal. Results did conservative (e.g., simplified, functions. This state of distress will last not show an overt response to the conservative Level B harassment area to until the animal replenishes its echosounder or a change to foraging the 160dB isopleth, conservative energetic reserves sufficient to restore behavior of tagged whales, but the amount of time surveys may occur) and normal function. whales did increase heading variance adequately accounts for the number of Relationships between these during exposure. The authors suggest individuals which may be taken. We physiological mechanisms, animal that this response was not a directed also note harbor porpoise occur as far behavior, and the costs of stress avoidance response but was more likely south as North Carolina in the ARA responses are well-studied through a vigilance response, with animals during winter months (January through controlled experiments and for both maintaining awareness of the location of March) and do not inhabit the GOMRA laboratory and free-ranging animals the echosounder through increased or CRA. Therefore, the potential for (e.g., Holberton et al., 1996; Hood et al., changes in heading variance (Quick et harassment from scientific sonar used 1998; Jessop et al., 2003; Krausman et al., 2017). Visual observations of by the SEFSC is unlikely outside of the al., 2004; Lankford et al., 2005). Stress behavior did not indicate any dramatic January through March timeframe off of responses due to exposure to anthropogenic sounds or other stressors response, unusual behaviors, or changes North Carolina constituting a very small and their effects on marine mammals in heading, and cessation of biologically subset of space and time when have also been reviewed (Fair and important behavior such as feeding was considering all three research areas and Becker, 2000; Romano et al., 2002b) not observed. These less overt responses research effort. More information on and, more rarely, studied in wild to sound exposure are difficult to detect take estimate methodology is found in populations (e.g., Romano et al., 2002a). by visual observation, but may have the Estimated Take section. Stress responses—An animal’s For example, Rolland et al. (2012) found important consequences if the exposure perception of a threat may be sufficient that noise reduction from reduced ship does interfere with biologically to trigger stress responses consisting of traffic in the Bay of Fundy was important behavior. some combination of behavioral associated with decreased stress in We considered behavioral data from responses, autonomic nervous system North Atlantic right whales. These and these species when assessing the responses, neuroendocrine responses, or other studies lead to a reasonable potential for take (see Estimated Take immune responses (e.g., Seyle, 1950; expectation that some marine mammals section). There are few studies that Moberg, 2000). In many cases, an will experience physiological stress obtained detailed beaked whale animal’s first and sometimes most responses upon exposure to acoustic behavioral data in response to economical (in terms of energetic costs) stressors and that it is possible that echosounders (e.g., Quick et al. (2016), response is behavioral avoidance of the some of these would be classified as Cholewiak et al. (2017)) as more effort potential stressor. Autonomic nervous ‘‘distress.’’ In addition, any animal has been focused on mid-frequency system responses to stress typically experiencing TTS would likely also active sonar (e.g., Cox et al. (2006), involve changes in heart rate, blood experience stress responses (NRC, Tyack et al. (2006, 2011). In 2013, pressure, and gastrointestinal activity. 2003). passive acoustic monitoring of beaked These responses have a relatively short Auditory masking—Sound can whales in the Atlantic Ocean occurred duration and may or may not have a disrupt behavior through masking, or during and in absence of prey studies significant long-term effect on an interfering with, an animal’s ability to using an EK60 echosounder (Cholewiak animal’s fitness. detect, recognize, or discriminate et al., 2017). There was a significant Neuroendocrine stress responses often between acoustic signals of interest (e.g., reduction of acoustic detections during involve the hypothalamus-pituitary- those used for intraspecific echosounder use; indicating beaked adrenal system. Virtually all communication and social interactions, whales may have moved out of the neuroendocrine functions that are prey detection, predator avoidance, detection range, initiated directed affected by stress—including immune navigation) (Richardson et al., 1995; movement away from the ship, the competence, reproduction, metabolism, Erbe et al., 2016). Masking occurs when animals remained in the area but and behavior—are regulated by pituitary the receipt of a sound is interfered with temporarily suspend foraging activity. hormones. Stress-induced changes in by another coincident sound at similar The authors also noted that due to some the secretion of pituitary hormones have frequencies and at similar or higher potential outliers in the data, the been implicated in failed reproduction, intensity, and may occur whether the analysis may not be sensitive enough to altered metabolism, reduced immune sound is natural (e.g., snapping shrimp, fully evaluate the relationship between competence, and behavioral disturbance wind, waves, precipitation) or beaked whale sightings and (e.g., Moberg, 1987; Blecha, 2000). anthropogenic (e.g., shipping, sonar,

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seismic exploration) in origin. The Masking affects both senders and may have contributed to the avoidance ability of a noise source to mask receivers of acoustic signals and can responses that led to the eventual biologically important sounds depends potentially have long-term chronic entrapment and mortality of the whales. on the characteristics of both the noise effects on marine mammals at the Specifically, shoreward-directed surface source and the signal of interest (e.g., population level as well as at the currents and elevated chlorophyll levels signal-to-noise ratio, temporal individual level. Low-frequency in the area preceding the event may variability, direction), in relation to each ambient sound levels have increased by have played a role (Southall et al., other and to an animal’s hearing as much as 20 dB (more than three times 2013). The report also notes that prior abilities (e.g., sensitivity, frequency in terms of SPL) in the world’s ocean use of a similar system in the general range, critical ratios, frequency from pre-industrial periods, with most area may have sensitized the animals discrimination, directional of the increase from distant commercial and also concluded that, for odontocete discrimination, age or TTS hearing loss), shipping (Hildebrand, 2009). All cetaceans that hear well in higher and existing ambient noise and anthropogenic sound sources, but frequency ranges where ambient noise is propagation conditions. especially chronic and lower-frequency typically quite low, high-power active Under certain circumstances, marine signals (e.g., from vessel traffic), sonars operating in this range may be mammals experiencing significant contribute to elevated ambient sound more easily audible and have potential masking could also be impaired from levels, thus intensifying masking. effects over larger areas than low maximizing their performance fitness in We have also considered the potential frequency systems that have more survival and reproduction. Therefore, for severe behavioral responses such as typically been considered in terms of when the coincident (masking) sound is stranding and associated indirect injury anthropogenic noise impacts. It is, man-made, it may be considered or mortality from SEFSC acoustic survey however, important to note that the harassment when disrupting or altering equipment, on the basis of a 2008 mass relatively lower output frequency, critical behaviors. It is important to stranding of approximately one hundred higher output power, and complex distinguish TTS and PTS, which persist melon-headed whales in a Madagascar nature of the system implicated in this after the sound exposure, from masking, lagoon system. An investigation of the event, in context of the other factors which occurs during the sound event indicated that use of a high- noted here, likely produced a fairly exposure. Because masking (without frequency mapping system (12-kHz unusual set of circumstances that resulting in TS) is not associated with multibeam echosounder; it is important indicate that such events would likely to note that all SEFSC sources operate abnormal physiological function, it is remain rare and are not necessarily at higher frequencies (see Table 1)) was not considered a physiological effect, relevant to use of lower-power, higher- the most plausible and likely initial but rather a potential behavioral effect. frequency systems more commonly used behavioral trigger of the event, while The frequency range of the potentially for scientific applications. The risk of providing the caveat that there is no similar events recurring may be very masking sound is important in unequivocal and easily identifiable determining any potential behavioral low, given the extensive use of active single cause (Southall et al., 2013). The acoustic systems used for scientific and impacts. For example, low-frequency panel’s conclusion was based on (1) signals may have less effect on high- navigational purposes worldwide on a very close temporal and spatial daily basis and the lack of direct frequency echolocation sounds association and directed movement of produced by odontocetes but are more evidence of such responses previously the survey with the stranding event; (2) reported. likely to affect detection of mysticete the unusual nature of such an event communication calls and other coupled with previously documented Characteristics of the sound sources potentially important natural sounds apparent behavioral sensitivity of the predominantly used by SEFSC further such as those produced by surf and species to other sound types (Southall et reduce the likelihood of effects to some prey species. The masking of al., 2006; Brownell et al., 2009); and (3) marine mammals, as well as the communication signals by the fact that all other possible factors intensity of effect assuming that an anthropogenic noise may be considered considered were determined to be animal perceives the signal. Intermittent as a reduction in the communication unlikely causes. Specifically, regarding exposures—as would occur due to the space of animals (e.g., Clark et al., 2009) survey patterns prior to the event and in brief, transient signals produced by and may result in energetic or other relation to bathymetry, the vessel these sources—require a higher costs as animals change their transited in a north-south direction on cumulative SEL to induce TTS than vocalization behavior (e.g., Miller et al., the shelf break parallel to the shore, would continuous exposures of the 2000; Foote et al., 2004; Parks et al., ensonifying large areas of deep-water same duration (i.e., intermittent 2007b; Di Iorio and Clark, 2009; Holt et habitat prior to operating intermittently exposure results in lower levels of TTS) al., 2009). Masking can be reduced in in a concentrated area offshore from the (Mooney et al., 2009a; Finneran et al., situations where the signal and noise stranding site. This may have trapped 2010). In addition, intermittent come from different directions the animals between the sound source exposures recover faster in comparison (Richardson et al., 1995), through and the shore, thus driving them with continuous exposures of the same amplitude modulation of the signal, or towards the lagoon system. The duration (Finneran et al., 2010). through other compensatory behaviors investigatory panel systematically Although echosounder pulses are, in (Houser and Moore, 2014). Masking can excluded or deemed highly unlikely general, emitted rapidly, they are not be tested directly in captive species nearly all potential reasons for these dissimilar to odontocete echolocation (e.g., Erbe, 2008), but in wild animals leaving their typical pelagic click trains. Research indicates that populations it must be either modeled habitat for an area extremely atypical for marine mammals generally have or inferred from evidence of masking the species (i.e., a shallow lagoon extremely fine auditory temporal compensation. There are few studies system). Notably, this was the first time resolution and can detect each signal addressing real-world masking sounds that such a system has been associated separately (e.g., Au et al., 1988; Dolphin likely to be experienced by marine with a stranding event. et al., 1995; Supin and Popov, 1995; mammals in the wild (e.g., Branstetter et The panel also noted several site- and Mooney et al., 2009b), especially for al., 2013). situation-specific secondary factors that species with echolocation capabilities.

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Therefore, it is likely that marine from scientific sonars and pingers (36– banded drum and star drum. In the mammals would indeed perceive 60 kHz) despite being very close to the GOMRA, the species caught in greatest echosounder signals as being transducers. But Gerrodette and Pettis abundance is the Atlantic croaker intermittent. (2005) report that when a 38-kHz followed by the longspine porgy and We conclude here that, on the basis of echosounder and ADCP were on (1) the Rough scad. In the CRA, the horse-eye available information on hearing and average size of detected schools of jack and yellowtail snapper comprise potential auditory effects in marine spotted dolphins and pilot whales was the greatest catch. However, in all mammals, the potential for threshold decreased; (2) perpendicular sighting research areas, the total amount of these shift from exposure to fishery research distances increased for spotted and species taken in research surveys is very sonar is low to discountable. High- spinner dolphins; and (3) sighting rates small relative to their overall biomass in frequency cetacean species would be the decreased for beaked whales. the area (See Section 4.2.3 of the SEFSC most likely to potentially incur some As described above, behavioral EA for more information on fish catch minimal amount of temporary hearing responses of marine mammals are during research surveys). Tables 4.2–8 loss from a vessel operating high- extremely variable, depending on through 4.2–12 in the SEFSC’s Draft EA frequency sonar sources, and the multiple exposure factors, with the most indicate that, while mortality to fish potential for PTS to occur for any common type of observed response species is a direct effect of the SEFSC species is so unlikely as to be being behavioral avoidance of areas Atlantic Research Area surveys, there discountable. Even for high-frequency around aversive sound sources. Certain are likely no measurable population cetacean species, individuals would odontocete cetaceans (particularly changes occurring as a result of these have to make a very close approach and harbor porpoises and beaked whales) research activities because they also remain very close to vessels are known to avoid high-frequency represent such a small percentage of operating these sources in order to sound sources in both field and allowable quota in commercial and receive multiple exposures at relatively laboratory settings (e.g., Kastelein et al., recreational fisheries, which are just high levels, as would be necessary to 2000, 2005b, 2008a, b; Culik et al., 2001; fractions of the total populations for cause TTS. Additionally, given that Johnston, 2002; Olesiuk et al., 2002; these species. behavioral responses typically include Carretta et al., 2008). There is some In addition to the small total biomass the temporary avoidance that might be additional, low probability for masking taken, some of the size classes of fish expected (see below), the potential for to occur for high-frequency specialists, targeted in research surveys are very auditory effects considered but similar factors (directional beam small, and these small size classes are physiological damage (injury) is pattern, transient signal, moving vessel) not known to be prey of marine considered extremely low in relation to mean that the significance of any mammals. Research catches are also realistic operations of these devices. potential masking is probably distributed over a wide area because of Given the fact that fisheries research inconsequential. the random sampling design covering survey vessels are moving, the large sample areas. Fish removals by Anticipated Effects on Marine Mammal likelihood that animals may avoid the research are therefore highly localized Habitat vessel to some extent based on either its and unlikely to affect the spatial physical presence or due to aversive Effects to prey—In addition to direct, concentrations and availability of prey sound (vessel or active acoustic or operational, interactions between for any marine mammal species. The sources), and the intermittent nature of fishing gear and marine mammals, overall effect of research catches on many of these sources, the potential for indirect (i.e., biological or ecological) marine mammals through competition TTS is probably low for high-frequency interactions occur as well, in which for prey may therefore be considered cetaceans and very low to zero for other marine mammals and fisheries both insignificant for all species. species. utilize the same resource, potentially Acoustic habitat—Acoustic habitat is Based on the source operating resulting in competition that may be the soundscape—which encompasses characteristics, most of these sources mutually disadvantageous (e.g., all of the sound present in a particular may be detected by odontocete Northridge, 1984; Beddington et al., location and time, as a whole—when cetaceans (and particularly high- 1985; Wickens, 1995). Marine mammal considered from the perspective of the frequency specialists such as porpoises) prey varies by species, season, and animals experiencing it. Animals but are unlikely to be audible to location and, for some, is not well produce sound for, or listen for sounds mysticetes (i.e., low-frequency documented. There is some overlap in produced by, conspecifics cetaceans) and some pinnipeds. While prey of marine mammals and the (communication during feeding, mating, low-frequency cetaceans and pinnipeds species sampled and removed during and other social activities), other have been observed to respond SEFSC research surveys, with primary animals (finding prey or avoiding behaviorally to low- and mid-frequency prey of concern being zooplankton, predators), and the physical sounds (e.g., Frankel, 2005), there is estuarine fishes, and invertebrates. The environment (finding suitable habitats, little evidence of behavioral responses majority of fish affected by SEFSC- navigating). Together, sounds made by in these species to high-frequency affiliated research projects are caught animals and the geophysical sound exposure (e.g., Jacobs and and killed during these six annual environment (e.g., produced by Terhune, 2002; Kastelein et al., 2006). If surveys: SEAMAP–SA Coastal Trawl earthquakes, lightning, wind, rain, a marine mammal does perceive a signal Survey, SEAMAP–GOM Shrimp/ waves) make up the natural from a SEFSC active acoustic source, it Groundfish (Summer/Fall) Trawl, Small contributions to the total acoustics of a is likely that the response would be, at Pelagics Trawl Survey, Shark and Red place. These acoustic conditions, most, behavioral in nature. Behavioral Snapper Bottom Longline Survey, termed acoustic habitat, are one reactions of free-ranging marine SEAMAP–GOM Shrimp/Groundfish attribute of an animal’s total habitat. mammals to scientific sonars are likely (Summer/Fall) Trawl Survey, and the Soundscapes are also defined by, and to vary by species and circumstance. For MARMAP Reef Fish Long Bottom acoustic habitat influenced by, the total example, Watkins et al. (1985) note that Longline Survey. The species caught in contribution of anthropogenic sound. sperm whales did not appear to be greatest abundance in the ARA are the This may include incidental emissions disturbed by or even aware of signals great northern tilefish, Atlantic bumper, from sources such as vessel traffic, or

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may be intentionally introduced to the SEFSC activities would not be expected further reduce risk of take and degree of marine environment for data acquisition to have any other impacts on physical take. purposes (as in the SEFSC’s use of habitat. Estimated Take Due to Gear Interaction active acoustic sources). Anthropogenic As described in the preceding, the noise varies widely in its frequency potential for SEFSC research to affect Given the complex stock structure of content, duration, and loudness, and the availability of prey to marine bottlenose dolphins throughout the these characteristics greatly influence mammals or to meaningfully impact the ARA and GOMRA as well as the the potential habitat-mediated effects to quality of physical or acoustic habitat is vulnerability of this species to be taken marine mammals (please see also the considered to be insignificant for all incidental to fishery research, we have previous discussion on masking under species. Effects to habitat will not be partitioned this section into two ‘‘Acoustic Effects’’), which may range discussed further in this document. categories to present requested and proposed take in an organized manner. from local effects for brief periods of Estimated Take time to chronic effects over large areas Below we present our analysis and for long durations. Depending on This section provides an estimate of informing the proposed take of estuarine the extent of effects to habitat, animals the number of incidental takes proposed and coastal bottlenose dolphins may alter their communications signals for authorization through this IHA, followed by pelagic marine mammals (thereby potentially expending which will inform both NMFS’ which includes all relevant non- additional energy) or miss acoustic cues consideration of whether the number of bottlenose dolphin species and open (either conspecific or adventitious). For takes is ‘‘small’’ and the negligible ocean stocks of bottlenose dolphins. more detail on these concepts see, e.g., impact determination. When discussing take, we consider three manners of take: Estuarine and Coastal Bottlenose Barber et al., 2010; Pijanowski et al., Dolphin Take—SEFSC 2011; Francis and Barber, 2013; Lillis et Mortality, serious injury, and al., 2014. harassment. Serious injury is defined as In order to estimate the number of As described above (‘‘Acoustic an injury that could lead to mortality potential bottlenose dolphin takes in Effects’’), the signals emitted by SEFSC while injury refers to injury that does estuarine and coastal waters, we active acoustic sources are of higher not lead to mortality. Except with considered the SEFSC’s and TPWD’s frequencies, short duration with high respect to certain activities not pertinent record of such past incidents and other directionality, and transient. These here, the MMPA defines ‘‘harassment’’ sources of take (e.g., commercial factors mean that the signals will likely as any act of pursuit, torment, or fisheries and non-SEFSC or TPWD attenuate rapidly (not travel over great annoyance which (i) has the potential to affiliated research). We consulted the distances), may not be perceived or injure a marine mammal or marine SARs, marine mammal experts at the affect perception even when animals are mammal stock in the wild (Level A SEFSC, and information emerging from in the vicinity, and would not be harassment); or (ii) has the potential to the BDTRT to identify these other considered chronic in any given disturb a marine mammal or marine sources of mortality. We then assessed location. SEFSC use of these sources is mammal stock in the wild by causing the similarities and differences between widely dispersed in both space and disruption of behavioral patterns, fishery research and commercial time. In conjunction with the prior including, but not limited to, migration, fisheries gear and fishing practices. factors, this means that it is highly breathing, nursing, breeding, feeding, or Finally, we evaluated means of affecting unlikely that SEFSC use of these sources sheltering (Level B harassment). the least practicable adverse impact on would, on their own, have any As previously described, the SEFSC bottlenose dolphins through the appreciable effect on acoustic habitat. has a history of take of marine mammals proposed mitigation and additional Physical habitat—The SEFSC incidental to fisheries research. The mitigation developed during the conducts some bottom trawling, which degree of take resulting from gear proposed rulemaking process. may physically damage seafloor habitat. interaction can range from mortality, In total, since 2001 and over the Physical damage may include furrowing serious injury, Level A harassment course of thousands of hours of research and smoothing of the seafloor as well as (injury), or released unharmed with no effort, 15 marine mammals (all the displacement of rocks and boulders, observable injury. However, given that bottlenose dolphins) have been and such damage can increase with we cannot predict the degree of take, we entangled in SEFSC-affiliated research multiple contacts in the same area conservatively assume that any gear. All takes occurred between April (Morgan and Chuenpagdee, 2003; interaction may result in mortality or through October; however, this is likely Stevenson et al., 2004). Damage to serious injury and have issued take as a result of research effort concentrated seafloor habitat may also harm infauna such. In the case of the Mississippi during this time period and there does and epifauna (i.e., animals that live in Sound stock, we have also authorized a not appear to be any trend in increased or on the seafloor or on structures on the single take from Level A harassment vulnerability throughout the year. seafloor), including corals. In general, (injury) only. The amount of research In the ARA, the SEFSC has nine physical damage to the seafloor would conducted in Mississippi Sound using documented takes of bottlenose be expected to recover within eighteen gear with the potential for marine dolphins (in 8 instances) from fishing months through the action of water mammal interaction increases the gear (Table 5) and 1 take of an Atlantic currents and natural sedimentation, potential for interaction above other spotted dolphin. The Atlantic spotted with the exception of rocks and estuarine systems. However, there is dolphin take was a calf struck by a boulders which may be permanently evidence that, even without the propeller during a marine mammal displaced (Stevenson et al., 2004). proposed prescribed mitigation and research cruise. Given the anomalous Relatively small areas would be monitoring measures, take may not nature of the incident and proposed impacted by SEFSC bottom trawling result in mortality or serious injury (e.g., mitigation measures, NMFS is not and, because such surveys are the October 13, 2013 skimmer trawl take proposing to authorize take by ship conducted in the same areas but not in which did not result in serious injury or strike. Therefore, this take is not the exact same locations, they are mortality). The proposed mitigation and discussed further. Of the eight gear- expected to cause single rather than monitoring measures described in this related takes, two animals were taken at repeated disturbances in any given area. proposed rulemaking are designed to once in a trammel net by the SCDNR in

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2002. However, the SCDNR has since from the NNCES stock have been taken The SEAMAP–SA Pamlico Sound changed fishing methods and from SEFSC or partner fishery research Trawl Survey (NCDENR) is conducted implemented monitoring and mitigation surveys, including those described to support stock assessments and measures essentially eliminating the above which have taken place for many management of finfish, shrimp, and crab potential for take during this survey. No years. species in Pamlico Sound and its bays other trammel net-related takes have Despite the lack of historical take, we and rivers. The otter trawl survey takes occurred since these changes were further investigated the potential for place for 10 days in June and 10 days implemented. Therefore, we believe the future interaction. Based on commercial in September during daylight hours. Up potential for a take in SCDNR trammel fishery and SEFSC fishery survey to 54 trawls are completed each month nets is discountable. The remaining six bycatch rates of marine mammals, we (total = 108 trawls) aboard the R/V gear-related takes have been a result of would expect the trawl surveys to be Carolina Coast. The general area of interaction with bottom trawl gear more likely to take a dolphin than the operation is Pamlico Sound and the during SEAMAP and TED research bottom longline surveys. An evaluation Pamlico, Pungo, and Neuse rivers in of each survey type occurring is surveys resulting in an average 0.38 waters greater than or equal to 6 ft. provided below to more thoroughly takes per year (6 takes/16 years). Despite spatial and temporal overall To further assess the potential for take evaluate the potential for taking a with the NNCES stock, this survey has in any given year, we considered where bottlenose dolphin belonging to the takes have occurred and the possible NNCES stock. no record of interacting with a marine stock origin from which an animal was The Atlantic Striped Bass Bottom mammal. Given the lack of historical taken. The July 2006 take occurred Trawl Survey (conducted by the interaction, limited number of tows, and offshore of Fripp Island, SC; the October USFWS) is limited to two weeks (200– implementation of the proposed 2006 take occurred off Oak Island, NC; 350 trawls) during January and February monitoring and mitigation measures, we the July 2012 take occurred off Little in coastal waters north of Cape Hatteras do not believe there is reasonable Tybee Island, GA; the August 2012 take ranging from 30 to 120 ft in depth. The likelihood of take from this survey. occurred off Pawley’s Island, SC; the USFWS uses dual 65-ft trawl nets with The SEAMAP–SA Coastal Trawl April 2014 take occurred just off the 3.75 in. stretch nylon multifilament Survey (SCDNR) operates 300–350 coast of Florida between St. Augustine mesh codend. Tow speed is 3 kts and trawls annually from Cape Hatteras, NC and Daytona Beach; and the July 2016 tow time does not exceed 30 minutes at to Cape Canaveral, FL in nearshore take occurred off Sea Island, Georgia depth. Trawl operations are conducted oceanic waters of 15–30 ft depth. Its which is nestled between Little St. day and night from the R/V Oregon II, goal is collect long-term fishery Simon’s Island and St. Simon’s Island. R/V Oregon, or R/V Savannah (please independent data on ecologically, Therefore, the dolphins taken could refer to the EA for detailed vessel commercially, and recreationally have originated from any of the five descriptions). The winter operations of important fishes and invertebrates, coastal stocks (the Northern Migratory this survey overlaps in time with when including shrimp and blue crab. Tow and Southern Migratory stock, South some animals move out of Pamlico time is approximately 20 minutes. This Sound and into coastal waters. Carolina/Georgia Coastal stock, survey is not associated with sea turtle However, photo-ID studies, available tag Northern Florida Coastal stock and a research surveys, which have longer tow data and stable isotope data indicate Central Florida stock), although they times. SCDNR uses the R/V Lady Lisa were assigned to the stock based on the that the portion of the stock that moves outfitted with an otter trawl comprised location where the take occurred. out of Pamlico Sound into coastal of paired mongoose-type Falcon bottom Taking the average rate of 0.38 animals/ waters remain south of Cape Hatteras trawls. All takes of dolphins have five stocks equates to an average taking during cold water months (Waring et al. of 0.08 animals per stock per year. This 2016). The USFWS has historically occurred in coastal waters (none from average would be even less if one conducted surveys north of Cape estuarine waters), and all assigned takes considers an estuarine stock may be the Hatteras. However, the survey is have been from coastal stocks. However, stock of origin. currently inactive due to funding because estuarine stocks may venture According to the SEFSC’s application, constraints. If funding becomes into coastal waters, there is a small three trawl surveys and 2 bottom available, they may undertake this possibility takes from this survey could longline surveys conducted by the survey. However, the spatial and have been from the SNCES (n=1), SEFSC or research partner overlap temporal specifications described above Northern South Carolina Estuarine spatially with the NNCES stock (Table greatly reduce the likelihood of a take System (n=1), Northern Georgia/ 1). These are the Atlantic Striped Bass from the NNCES stock. In addition, Southern South Carolina Estuarine Tagging Bottom Trawl Survey (USFWS), given the short duration of the survey (2 System (n= 2), and Southern Georgia SEAMAP–SA Coastal Trawl Survey weeks) and short tow time durations (up Estuarine System (n=1) (Table 6). This (SCDNR), SEAMAP–SA North Carolina to 30 minutes), the chance of marine is the only survey which may Pamlico Sound Trawl Survey mammal interaction is limited. This potentially overlap with the NNCES and (NCDENR), Shark and Red Snapper logic is supported by the lack of take SNCES stock but does so in coastal Bottom Longline Survey (SEFSC), and from this survey. At this time, for the waters where coastal stocks overlap in the SEAMAP–SA Red Drum Bottom reasons described above, we believe the time and space. It is most likely a take Longline Survey (NCDNR). No gillnet likelihood of an animal from the NNCES from this survey would be from a surveys would take place in waters stock being taken during Atlantic coastal stock. Therefore, we are not overlapping with this stock. Based on Striped Bass Bottom Trawl Survey is proposing to authorize take from the data in the PSIT database, no dolphins unlikely. NNCES or SNCES stock.

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TABLE 6—POSSIBLE STOCK ORIGIN OF BOTTLENOSE DOLPHINS TAKEN IN THE ARA

Possible Stocks Date Location Taken Coastal Estuarine.

2001 ...... Unknown ...... Unknown ...... Unknown. July 2006 ...... Off Fripp Island, GA ...... W.N. Atlantic South Carolina-Georgia Northern Georgia/Southern South Coastal. Carolina Estuarine System. October 2006 ...... Off Oak Island, NC ...... Southern Migratory ...... Southern North Carolina Estuarine System. July 2012 ...... Off Little Tybee Island, GA ...... W.N. Atlantic South Carolina-Georgia Northern Georgia/Southern South Coastal. Carolina Estuarine System. August 2012 ...... Off Pawley’s Island, SC ...... W.N. Atlantic South Carolina-Georgia Northern South Carolina Estuarine Coastal. System. April 2014 ...... Off the coast of Florida between St. W.N. Atlantic Northern Florida Coastal W.N. Atlantic Central Florida Coastal. Augustine and Daytona Beach. July 2016 ...... Off Sea Island, Georgia ...... W.N. Atlantic South Carolina-Georgia Southern Georgia Estuarine System. Coastal.

The only survey overlapping with the take place during the proposed 5-year Hence, we find the potential for take Indian River Lagoon (IRL) stock is the regulations. from the Barataria Bay stock is St. Lucie Rod-and-Reel Fish Health When examining the survey gear used discountable and we are not proposing Study. There are no documented and fishing methods, we determined to authorize the requested take. instances of the SEFSC taking a dolphin that the IJA Open Bay Shellfish Trawl On December 22, 2017, the SEFSC from this survey. Therefore, we believe Survey (conducted by TPWD) has a very indicated the Gulfspan shark survey the likelihood of take is low and low potential to take dolphins. This conducted by University of West Florida mitigation measures (e.g. quickly reeling survey has no documented dolphin/gear (UWF) is considered inactive as of 2017 in line if dolphins are likely to interact interactions despite high fishing effort and would not likely take place over the with gear) would be effective at further (90 trawls for month/1080 trawls per course of the proposed regulations due reducing take potential to discountable. year). This is likely because TPWD uses to staffing changes. This is the only In consideration of this, we are not a very small (20 ft wide) otter shrimp survey overlapping with the Perdido trawl which is towed for only 10 proposing to issue take of the IRL stock. Bay, Pensacola Bay, Choctawhatchee minutes in 3–30 ft of water. The nets In summary, we are not proposing to Bay stocks. Therefore, we find the can be retrieved within one to two authorize requested take in the ARA for potential for take from these stocks is minutes. The IJA Open Bay Shellfish the NNCES, SNCES, and Indian River discountable and we are not proposing Trawl Survey is the only survey Lagoon stocks due to low to to authorize the requested take. conducted by the SEFSC that overlaps discountable potential for take. For all with the following BSE bottlenose There are nine surveys in the GOMRA other estuarine stocks for which take dolphin stocks: Laguna Madre; Nueces overlapping with the Mississippi was requested (n=7), we are proposing Bay, Corpus Christi Bay; Copano Bay, Sound, Lake Borgne, Bay Boudreau to authorize the requested 1 take over 5 Aransas Bay, San Antonio Bay, Redfish stock (MS Sound stock): Four trawl, years by M/SI (Table 7). We are Bay, Espirtu Santo Bay; Matagorda Bay, three gillnet, and two hook and line. proposing to issue the requested 3 M/SI Tres Palacios Bay, Lavaca Bay; West While there are four documented takes takes per stock of each of the coastal Bay, and Galveston Bay, East Bay, from this stock since 2011 (from gillnet stocks and the offshore stock in the ARA Trinity Bay. TPWD has no documented and trawl surveys), there are none prior over 5 years (Table 7). take of dolphins from the IJA Open Bay to that year. The SEFSC requested three In the GOMRA, the SEFSC is Shellfish Trawl Survey despite years of M/SI takes from the MS Sound stock requesting to take one dolphin from research effort. Due to the discountable due to the amount of fishing effort in each of the 21 estuarine stocks, three potential for take from the IJA Open Bay this waterbody. However, we find two dolphins from the Mississippi Sound Shellfish Trawl Survey, we are not takes are warranted over the life of the stock, and three dolphins per year from proposing to authorize take of these 5-year regulations given the lack of take the coastal stocks (Table 7). Similar to Texas bottlenose dolphin stocks to the prior to 2011 and implementation of the the ARA, NMFS examined the SEFSC’s SEFSC. proposed mitigation and monitoring request and assessed authorizing take Another stock with a discountable measures. Further, previous takes based on fishing effort and stock spatial potential for take is the Barataria Bay indicate there is potential that a marine and temporal parameters, the potential stock. This stock’s habitat includes mammal may not die or be seriously for take based on fishing practices (e.g., Caminada Bay, Barataria Bay east to injured in fishing gear but be injured. gear description, tow/soak times). In Bastian Bay, Bay Coquette, and Gulf Therefore, we are proposing to authorize addition, the SEFSC has provided coastal waters extending 1 km from the one take by M/SI and one take by Level supplemental information indicating shoreline. The SEFSC has committed to A harassment for the Mississippi Sound some surveys are discontinued or avoiding conducting fisheries stock over the 5-year regulations (Table currently inactive and are not likely to independent monitoring in these waters. 7).

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TABLE 7—SEFSC TOTAL REQUESTED AND PROPOSED TAKE OF BOTTLENOSE DOLPHINS IN ARA, GOMRA, AND CRA OVER THE LIFE OF THE PROPOSED 5-YEAR REGULATIONS

Total re- Stock quested take Total proposed take (M/SI ) (M/SI )

Northern North Carolina Estuarine System Stock ...... 1 1 0 Southern North Carolina Estuarine System Stock ...... 1 1 0 Northern South Carolina Estuarine Stock ...... 1 1 Charleston Estuarine System Stock ...... 1 1 Northern Georgia/Southern South Carolina Estuarine System Stock ...... 1 1 Central Georgia Estuarine System ...... 1 1 Southern Georgia Estuarine System Stock ...... 1 1 Jacksonville Estuarine System Stock ...... 1 1 Indian River Lagoon Estuarine System Stock ...... 1 1 0 Biscayne Bay Stock ...... 0 0 Florida Bay Stock ...... 1 1 Western North Atlantic South Carolina/Georgia Coastal Stock ...... 3 3 Western North Atlantic Northern Florida Coastal Stock ...... 3 3 Western North Atlantic Central Florida Coastal Stock ...... 3 3 Western North Atlantic Northern Migratory Coastal Stock ...... 3 3 Western North Atlantic Southern Migratory Coastal Stock ...... 3 3 Western North Atlantic Offshore Stock ...... 3 3 Puerto Rico and US Virgin Islands Stock ...... 1 1 Laguna Madre ...... 1 1 0 Nueces Bay, Corpus Christi Bay ...... 1 1 0 Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu Santo Bay ...... 1 1 0 Matagorda Bay, Tres Palacios Bay, Lavaca Bay ...... 1 1 0 West Bay ...... 1 1 0 Galveston Bay, East Bay, Trinity Bay ...... 1 1 0 Sabine Lake ...... 1 1 0 Calcasieu Lake ...... 0 0 Atchalfalaya Bay, Vermilion Bay, West Cote Blanche Bay ...... 0 0 Terrabonne Bay, Timbalier Bay ...... 1 1 Barataria Bay Estuarine System ...... 1 2 0 Mississippi River Delta ...... 1 1 Mississippi Sound, Lake Bornge, Bay Boudreau ...... 3 3 1 M/SI, 1 Level A Mobile Bay, Bonsecour Bay ...... 1 1 Perdido Bay ...... 1 2 0 Pensacola Bay, East Bay ...... 1 2 0 Choctwhatchee Bay ...... 1 2 0 St. Andrew Bay ...... 1 1 St. Joseph Bay ...... 1 1 St. Vincent Sound, Apalachiola Bay, St. George Sound ...... 1 1 Apalachee Bay ...... 1 1 Waccasassa Bay, Withlacoochee Bay, Crystal Bay ...... 1 1 St. Joseph Sound, Clearwater Harbor ...... 0 0 Tampa Bay ...... 0 0 Sarasota Bay, Little Sarasota Bay ...... 0 0 Pine Island Sound, Charlotte Harbor, Gasparilla Sound, Lemon Bay ...... 1 1 Caloosahatchee River ...... 0 0 Estero Bay ...... 0 0 Chokoloskee Bay, Ten Thousand Islands, Gullivan Bay ...... 1 1 Whitewater Bay ...... 0 0 Florida Keys-Bahia Honda to Key West ...... 0 0 Northern Gulf of Mexico Western Coastal Stock ...... 3 3 Northern Gulf of Mexico Northern Coastal Stock ...... 3 3 Northern Gulf of Mexico Eastern Coastal Stock ...... 3 3 1 Surveys overlapping these stocks have a low to discountable potential to take marine mammals due to temporal and spatial overlap with stock, fishing methods, and/or gear types. The SEFSC has no history of taking individuals from these stocks. 2 No surveys are proposed that overlap with these stocks. 3 The SEFSC has the potential to take one marine mammal by M/SI and one marine mammal by Level A harassment (injury) only for the Mis- sissippi Sound stock.

Estuarine Bottlenose Dolphin Take— Bay, and Galveston Bay), therefore, how often future takes could occur. TPWD TPWD has not requested, and we are not TPWD has taken 32–35 bottlenose During gillnet surveys, the TPWD may proposing, to authorize take from these dolphins during the 35 years of gillnet incidentally take bottlenose dolphins. stocks as the potential for take from fishing (exact number is not clear due to TPWD conducts research in seven major these stocks is discountable. potential errors in early reporting and bays, sounds, and estuaries in Texas. Historical take from TPWD’s gillnet record keeping). In 18 of the 35 years There is no history of take in three of surveys is random in time and space (52 percent) there were zero dolphins those waterbodies (Sabine Lake, West making it difficult to predict where and taken (see Table 3 in TPWD’s

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application). However, the long term Pelagic Marine Mammals Take—SEFSC the most recent five-year period average equates to approximately one Since systematic record keep began in (generally) for which data has been animal per year (32–34 dolphins in 35 2002, the SEFSC and affiliated research analyzed: Category I, frequent incidental years) To cover the life of the 5-yr partners have taken no marine mammals M/SI; Category II, occasional incidental regulations, this would equate to five species other than bottlenose dolphins M/SI; and Category III, remote takes. However, TPWD would remove due to gear interaction. However, NMFS likelihood of or no known incidental M/ grids meeting ‘‘hot spot’’ criteria and has assessed other sources of M/SI for SI. In accordance with the MMPA (16 remove potential sources of these species (e.g., commercial fishing) U.S.C. 1387(e)) and 50 CFR 229.6, any entanglement (e.g., the gap between the to inform the potential for incidental vessel owner or operator, or gear owner float line and the net). Therefore, we are takes of marine mammals in the ARA, or operator (in the case of non-vessel proposing to issue one M/SI take from GOMRA, and CRA under this proposed fisheries), participating in a fishery each of the previously taken stocks over rule. These species have not been taken listed on the LOF must report to NMFS the life of the proposed regulations for historically by SEFSC research activities all incidental mortalities and injuries of a total of four takes over the life of the but inhabit the same areas and show marine mammals that occur during regulations. We also consider that the similar types of behaviors and commercial fishing operations, regulations would be conditioned with vulnerabilities to such gear used in mitigation measures designed to reduce regardless of the category in which the other contexts. To more fishery is placed. The LOF for 2016 was the risk of take (e.g., new gear comprehensively identify where based on, among other things, stranding modification, removal of sampling areas vulnerability and potential exists for data; fisher self-reports; and SARs, deemed dolphin ‘‘hot spots’’). take between SEFSC research and other Therefore, NMFS is proposing to issue species of marine mammals, we primarily the 2014 SARs, which are one take by M/SI from the following compared with similar commercial generally based on data from 2008– stocks of bottlenose stocks: (1) Laguna fisheries by way of the 2017 List of 2012. Table 8 indicates which species Madre; (2) Corpus Christi Bay, Nueces Fisheries (LOF) and the record of (other than bottlenose dolphins) have Bay; (3) Copano Bay, Aransas Bay, San interactions from non-SEFSC affiliated been known to interact with commercial Antonio Bay, Redfish Bay, Espiritu research. fishing gear in the three research areas Santa Bay; and (4) MatagordaBay, Tres NMFS LOF classifies U.S. commercial based on the 2016 LOF (81 FR 20550; Palacios Bay, Lavaca Bay. In total, four fisheries into one of three categories April 8, 2016). More information on the M/SI takes (one from each stock) would according to the level of incidental 2016 LOF can be found at http:// be authorized over the life of the marine mammal M/SI that is known to www.nmfs.noaa.gov/pr/interactions/ proposed regulations. have occured on an annual basis over fisheries/lof.html.

TABLE 8—GEAR TYPES IMPLICATED FOR INTERACTION WITH MARINE MAMMALS IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN COMMERCIAL FISHERIES

Fishery by Gear Type 1 Species Gillnet Trawl Fisheries Fisheries Trap/Pot Longline

N. Atlantic right whale ...... Y ...... Y ...... Humpback whale ...... Y ...... Y ...... Fin whale ...... Y ...... Y ...... Minke whale ...... Y Y Y Y Risso’s dolphin ...... Y Y ...... Y Cuvier’s beaked whale ...... Y Gervais beaked whale ...... Y Beaked whale (Mesoplodon spp) ...... Y False killer whale ...... Y Killer whale ...... Y Pygmy sperm whale ...... Y Sperm Whale ...... Y Long-finned pilot whale ...... Y Y ...... Y Short-finned pilot whale ...... Y White-sided dolphin ...... Y Y ...... Atlantic spotted dolphin ...... Y ...... Y Pantropical spotted dolphin ...... Y ...... Y Common dolphin ...... Y Y ...... Y Harbor porpoise ...... Y Y ...... Harbor seal ...... Y Y Y ...... Gray seal ...... Y ...... 1 Only fisheries with gear types used by the SEFSC during the course of the proposed regulations are included here. For example, purse seine and aquaculture fisheries are also known to interact with marine mammals in the specified geographic region; however, the SEFSC would not use those gears during their research.

In addition to examining known knowledge regarding animal behavior, with other species historically taken) to interaction, we also considered a overall abundance in the geographic determine whether a species may have number of activity-related factors (e.g., region, density relative to SEFSC survey a similar vulnerability to certain types gear size, set duration, etc.) and species- effort, feeding ecology, propensity to of gear as historically taken species. For specific factors (e.g., species-specific travel in groups commonly associated example, despite known take in

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commercial trap/pot fisheries, here we Although large whale species could affiliated research trawls in the Gulf of rule out the potential for traps/pots to become entangled in longline gear, the Mexico have taken pelagic marine take marine mammals incidental to probability of interaction with SEFSC mammals. For example, a mid-water SEFSC research for a number of reasons. longline gear is extremely low research trawl conducted to monitor the Commercial fisheries often involve considering a far lower level of survey effects of the Deepwater Horizon oil hundreds of unattended traps that are effort relative to that of commercial spill in the Gulf of Mexico took 3 located on a semi-permanent basis, fisheries, much shorter set durations, pantropical spotted dolphins in one usually with long, loose float lines, in shorter line lengths, and monitoring and trawl in 2012. Additionally, an Atlantic shallow waters close to shore. In mitigation measures implemented by spotted dolphin was taken in non- contrast, SEFSC research gear is fished the SEFSC (e.g., the move-on rule). SEFSC research bottom trawl in 2014. in deeper waters, and typically only one Although data on commercial fishing Known takes in commercial trawl pot is fished at a time and monitored efforts comparable to the known SEFSC fisheries in the ARA and GOMRA continuously for short soak times (e.g., research protocols (net size, tow include a range of marine mammal one hour). These differences in fishing duration and speed, and total number of species (Table 8). NMFS examined the practices, along with the fact no marine tows) are not publically available, based similarities between species known to mammals have been taken in a SEFSC on the amount of fish caught by be taken in commercial and non-SEFSC trap/pot, negate the potential for take to commercial fisheries versus SEFSC research trawls with those species that a level NMFS does not believe warrants fisheries research, the ‘‘footprint’’ of overlap in time and space with SEFSC authorization of take, and there is no research effort compared to commercial research trawls in the open ocean. historical documentation of take from fisheries is very small (see Section 9 in Because some species exhibit similar this gear incidental to SEFSC surveys. the SEFSC’s application). As such, the behavior, distribution, abundance, and Therefore, we do not expect take SEFSC has not requested, nor is NMFS vulnerability to research trawl gear to incidental to SEFSC research activities proposing, to authorize take of large these species, NMFS proposes to using trap/pot gear. whales (i.e., mysticetes) incidental to authorize take of eight species of pelagic It is well documented that multiple longline research. There are situations cetaceans and two pinniped species in marine mammal species are taken in with hook-and-line (e.g., longline) the ARA and nine species of cetaceans commercial longline fisheries (Table 8). fisheries research gear when a caught in the GOMRA (Table 9). In addition, We used this information to help make animal cannot be identified to species NMFS provides allowance of one take of an informed decision on the probability with certainty. This might occur when an unidentified species in the ARA, of specific cetacean and large whale a hooked or entangled dolphin frees GOMRA, and CRA over the life of these interactions with longline gear and itself before being identified or when proposed regulations to account for any other hook-and-line gear while taking concerns over crew safety, weather, or animal that cannot be identified to a into account many other factors sea state conditions necessitate quickly species level. Takes would occur affecting the vulnerability of a species to releasing the animal before incidental to trawl and hook and line be taken in SEFSC research surveys identification is possible. The top (including longline) research in the (e.g., relative survey effort, survey priority for live animals is to release ARA and GOMRA. However, because location, similarity in gear type, animal them as quickly and safely as possible. the SEFSC does not use trawl gear in the behavior, prior history of SEFSC The SEFSC ship’s crew and research CRA, take is proposed incidental to interactions with longline gear etc.). personnel make concerted efforts to hook and line gear in the Caribbean (see First we examined species known to be identify animals incidentally caught in Tables 6.4- 6.6 in SEFSC’s application taken in longline fisheries but for which research gear whenever crew and vessel for more detail). We are proposing to the SEFSC has not requested take. For safety are not jeopardized. authorize the amount of take requested example, the SEFSC is not requesting With respect to trawling, both by the SEFSC’s for these stocks listed in take of large whales in longline gear. commercial fisheries and non-SEFSC Table 9.

TABLE 9—PROPOSED TOTAL TAKE, BY SPECIES AND STOCK, OF PELAGIC MARINE MAMMALS IN THE ARA AND GOMRA INCIDENTAL TO TRAWL AND HOOK AND LINE RESEARCH AND, IN THE CRA, INCIDENTAL TO HOOK AND LINE RE- SEARCH ACTIVITIES OVER THE 5 YEAR REGULATIONS

Total Species Stock Proposed M&SI Take

Risso’s dolphin ...... Western North Atlantic. N. Gulf of Mexico. Melon headed whale ...... N. Gulf of Mexico ...... 3 Short-finned pilot whale ...... Western North Atlantic ...... 1 N. Gulf of Mexico ...... 1 Long-finned pilot whale ...... Western North Atlantic ...... 1 Short-beaked common dolphin ...... Western North Atlantic ...... 4 Atlantic spotted dolphin ...... Western North Atlantic ...... 4 N. Gulf of Mexico ...... 4 Pantropical spotted dolphin ...... Western North Atlantic ...... 1 N. Gulf of Mexico ...... 4 Striped dolphin ...... Western North Atlantic ...... 3 N. Gulf of Mexico ...... 3 Spinner dolphin ...... N. Gulf of Mexico ...... 3 Rough-toothed dolphin ...... N. Gulf of Mexico ...... 1 Bottlenose dolphin ...... Western North Atlantic Oceanic ...... 4 N. Gulf of Mexico Oceanic ...... 4 N. Gulf of Mexico Continental Shelf ...... 4

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Total Species Stock Proposed M&SI Take

Puerto Rico/USVI ...... 1 Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 1 Undetermined delphinid ...... Western North Atlantic ...... 1 N. Gulf of Mexico ...... 1 Harbor seal ...... Western North Atlantic ...... 1 Gray seal ...... Western North Atlantic ...... 1

Estimated Take Due to Acoustic finalizing. In the interim, we apply the and the other is referring to the temporal Harassment traditional thresholds. component. A more accurate term for As described previously (‘‘Potential Level B Harassment for non-explosive the impulsive threshold is the Effects of the Specified Activity on sources—Though significantly driven by intermittent threshold. This distinction Marine Mammals’’), we believe that received level, the onset of behavioral is important because, when assessing SEFSC use of active acoustic sources disturbance from anthropogenic noise the potential for hearing loss (PTS or has, at most, the potential to cause Level exposure is also informed to varying TTS) or non-auditory injury (e.g., lung B harassment of marine mammals. In degrees by other factors related to the injury), the spectral characteristics of order to attempt to quantify the source (e.g., frequency, predictability, source (impulsive vs. non-impulsive) is potential for Level B harassment to duty cycle), the environment (e.g., critical to assessing the potential for occur, NMFS (including the SEFSC and bathymetry), and the receiving animals such impacts. However, for behavior, acoustics experts from other parts of (hearing, motivation, experience, the temporal component is more NMFS) developed an analytical demography, behavioral context) and appropriate to consider. Gomez et al. framework considering characteristics of can be difficult to predict (Southall et (2016) conducted a systematic literature the active acoustic systems described al., 2007, Ellison et al., 2011). Based on review (370 papers) and analysis (79 previously under Description of Active what the best available science indicates studies, 195 data cases) to better assess Acoustic Sound Sources, their expected and the practical need to use a threshold probability and severity of behavioral patterns of use, and characteristics of based on a factor that is both predictable responses in marine mammals exposed the marine mammal species that may and measurable for most activities, to anthropogenic sound. They found a interact with them. This quantitative NMFS uses a generalized acoustic significant relationship between source assessment benefits from its simplicity threshold based on received level to type and behavioral response when and consistency with current NMFS estimate the onset of behavioral sources were split into broad categories acoustic guidance regarding Level B harassment. NMFS predicts that marine that reflected whether sources were harassment but we caution that, based mammals are likely to be behaviorally continuous, sonar, or seismic (the latter on a number of deliberately harassed in a manner we consider Level two of which are intermittent sources). precautionary assumptions, the B harassment when exposed to Moreover, while Gomez et al (2017) resulting take estimates may be seen as underwater anthropogenic noise above acknowledges acoustically sensitive an overestimate of the potential for received levels of 120 dB re 1 mPa (rms) species (beaked whales and harbor behavioral harassment to occur as a for continuous (e.g. vibratory pile- porpoise), the authors do not result of the operation of these systems. driving, drilling) and above 160 dB re 1 recommend an alternative method for Additional details on the approach used mPa (rms) for non-explosive impulsive categorizing sound sources for these and the assumptions made that result in (e.g., seismic airguns) or intermittent species when assessing behavioral these estimates are described below. (e.g., scientific sonar) sources. Neither impacts from noise exposure. threshold is used for military sonar due To apply the continuous 120 dB Acoustic Thresholds to the unique source characteristics. threshold to all species based on data Using the best available science, The Marine Mammal Commission from known acoustically sensitive NMFS has developed acoustic (Commission) has previously suggested species (one species of which is the thresholds that identify the received NMFS apply the 120 dB continuous harbor porpoise which is likely to be level of underwater sound above which threshold to scientific sonar such as the rarely encountered in the ARA and do exposed marine mammals would be ones proposed by the SEFSC. NMFS has not inhabit the GOMRA or CRA) is not reasonably expected to be behaviorally responded to this comment in multiple warranted as it would be unnecessarily harassed (equated to Level B Federal Register notices of issuance for conservative for non-sensitive species. harassment) or to incur PTS of some other NMFS science centers. However, Qualitatively considered in our effects degree (Level A harassment). We note we provide more clarification here on analysis below is that beaked whales NMFS has begun efforts to update its why the 160 dB threshold is appropriate and harbor porpoise are more behavioral thresholds, considering all when estimating take from acoustic acoustically sensitive than other available data, and is formulating a sources used during SEFSC research cetacean species, and thus are more strategy for updating those thresholds activities. NMFS historically has likely to demonstrate overt changes in for all types of sound sources referred to the 160 dB threshold as the behavior when exposed to such sources. considered in incidental take impulsive threshold, and the 120 dB Further, in absence of very sophisticated authorizations. It is NMFS intention to threshold as the continuous threshold, acoustic modeling, our propagation conduct both internal and external which in and of itself is conflicting as rates are also conservative. Therefore, review of any new thresholds prior to one is referring to pulse characteristics the distance to the 160 dB threshold is

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likely much closer to the source than other NMFS Science Centers applying behavior across different marine calculated. In summary, the SEFSC’s for regulations. It is relatively mammal species were made to segregate proposed activity includes the use of straightforward and has a number of key those that predominately remain in the intermittent sources (scientific sonar). simple and conservative assumptions. upper 200 m of the water column versus Therefore, the 160 dB re 1 mPa (rms) NMFS’ current acoustic guidance those that regularly dive deeper during threshold is applicable when requires in most cases that we assume foraging and transit. Methods for quantitatively estimating take by Level B harassment occurs when a estimating each of these calculations are behavioral harassment incidental to marine mammal receives an acoustic described in greater detail in the SEFSC scientific sonar for all marine signal at or above a simple step-function following sections, along with the mammal species. threshold. For use of these active simplifying assumptions made, and Level A harassment for non-explosive acoustic systems used during SEFSC followed by the take estimates. sources—NMFS’ Technical Guidance research, NMFS uses the threshold is for Assessing the Effects of 160 dB re 1 mPa (rms) as the best Sound source characteristics—An Anthropogenic Sound on Marine available science indicates the temporal initial characterization of the general Mammal Hearing (Technical Guidance, characteristics of a source are most source parameters for the primary active 2018) identifies dual criteria to assess influential in determining behavioral acoustic sources operated by the SEFSC auditory injury (Level A harassment) to impacts (Gomez et al., 2016), and it is was conducted, enabling a full five different marine mammal groups NMFS long standing practice to apply assessment of all sound sources used by (based on hearing sensitivity) as a result the 160 dB threshold to intermittent the SEFSC and delineation of Category of exposure to noise from two different sources. Estimating the number of 1 and Category 2 sources, the latter of types of sources (impulsive or non- exposures at the specified received level which were carried forward for analysis impulsive). However, as described in requires several determinations, each of here. This auditing of the active acoustic greater detail in the Potential Effects which is described sequentially below: sources also enabled a determination of section, given the highly direction, (1) A detailed characterization of the the predominant sources that, when e.g.,narrow beam widths, NMFS does acoustic characteristics of the effective operated, would have sound footprints not anticipate animals would be sound source or sources in operation; exceeding those from any other exposed to noise levels resulting in PTS. (2) The operational areas exposed to simultaneously used sources. These Therefore, the Level A criteria do not levels at or above those associated with sources were effectively those used apply here and are not discussed Level B harassment when these sources directly in acoustic propagation further; NMFS is proposing take by are in operation; modeling to estimate the zones within Level B harassment only. (3) A method for quantifying the which the 160 dB rms received level The operating frequencies of active resulting sound fields around these would occur. acoustic systems used by the SEFSC sources; and sources range from 18–333 kHz (see (4) An estimate of the average density Many of these sources can be operated Table 2). These frequencies are within for marine mammal species in each area in different modes and with different the very upper hearing range limits of of operation. output parameters. In modeling their baleen whales (7 Hz to 35 kHz). The Quantifying the spatial and temporal potential impact areas, those features Simrad EK60 may operate at frequency dimension of the sound exposure among those given previously in Table of 18 kHz which is the only frequency footprint (or ‘‘swath width’’) of the 2 (e.g., lowest operating frequency) that that might be detectable by baleen active acoustic devices in operation on would lead to the most precautionary whales. However, the beam pattern is moving vessels and their relationship to estimate of maximum received level extremely narrow (11 degrees) at that the average density of marine mammals ranges (i.e., largest ensonified area) were frequency. The Simrad ME70 enables a quantitative estimate of the used. The effective beam patterns took echosounder, EQ50, and Teledyne RD number of individuals for which sound into account the normal modes in which ADCP operate at 50–200 kHz which are levels exceed the relevant threshold for these sources are typically operated. all outside of baleen whale hearing each area. The number of potential While these signals are brief and capabilities. Therefore, we would not incidents of Level B harassment is intermittent, a conservative assumption expect any exposures to these signals to ultimately estimated as the product of was taken in ignoring the temporal result in behavioral harassment. The the volume of water ensonified at 160 pattern of transmitted pulses in Simrad EK60 lowest operating dB rms or higher and the volumetric calculating Level B harassment events. frequency (18 kHz) is within baleen density of animals determined from Operating characteristics of each of the whale hearing capabilities. simple assumptions about their vertical predominant sound sources were used The assessment paradigm for active stratification in the water column. in the calculation of effective line- acoustic sources used in SEFSC Specifically, reasonable assumptions kilometers and area of exposure for each fisheries research mirrors approaches by based on what is known about diving source in each survey (Table 10).

TABLE 10—EFFECTIVE EXPOSURE AREAS FOR PREDOMINANT ACOUSTIC SOURCES ACROSS TWO DEPTH STRATA

Effective exposure area: Effective exposure area: Sea surface to depth at Active acoustic system Sea surface to 200 m depth which 160-dB threshold (km2) is reached (km2)

Simrad EK60 narrow beam echosounder ...... 0.0142 0.1411 Simrad ME70 multibeam echosounder ...... 0.0201 0.0201 Simrad FS70 trawl sonar ...... 0.008 0.008 Simrad SX90 narrow beam sonar 1 ...... 0.0654 0.1634 Teledyne RD Instruments ADCP, Ocean Surveyor ...... 0.0086 0.0187

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TABLE 10—EFFECTIVE EXPOSURE AREAS FOR PREDOMINANT ACOUSTIC SOURCES ACROSS TWO DEPTH STRATA— Continued

Effective exposure area: Effective exposure area: Sea surface to depth at Active acoustic system Sea surface to 200 m depth which 160-dB threshold (km2) is reached (km2)

Simrad ITI trawl monitoring system ...... 0.0032 0.0032 1 Exposure area varies greatly depending on the tilt angle setting of the SX90. To approximate the varied usage this system might receive, the exposure area for each depth strata was averaged by assuming equal usage at tilt angles of 5, 20, 45, and 80 degrees.

Calculating effective line-kilometers— most of these sound sources. For evidence that this is in fact not the case, As described below, based on the absorption coefficients, the most and marine species are highly operating parameters for each source commonly used formulas given by heterogeneous in terms of their spatial type, an estimated volume of water Francios and Garrison (1982) were used. distribution, largely as a result of ensonified at or above the 160 dB rms The lowest frequency was used for species-typical utilization of threshold was calculated. In all cases systems that are operated over a range heterogeneous ecosystem features. Some where multiple sources are operated of frequencies. The vertical extent of more sophisticated modeling efforts simultaneously, the one with the largest this area is calculated for two depth have attempted to include species- estimated acoustic footprint was strata (surface to 200 m, and for deep typical behavioral patterns and diving considered to be the effective source. water operations > 200 m, surface to parameters in movement models that Two depth zones were defined for each range at which the on-axis received more adequately assess the spatial and research area: A Continental Shelf level reaches 160 dB RMS). This was temporal aspects of distribution and Region defined by having bathymetry 0– applied differentially based on the thus exposure to sound (e.g., Navy, 200 m and an Offshore Region with typical vertical stratification of marine 2013). While simulated movement bathymetry >200 m. Effective line mammals (see Tables 6–9 and 6–10 in models were not used to mimic distance and volume insonified was SEFSC’s application). individual diving or aggregation calculated for each depth stratum (0– For each of the three predominant parameters in the determination of 200 m and > 200 m), where appropriate sound sources, the volume of water animal density in this estimation, the (i.e. in the Continental Shelf region, ensonified is estimated as the cross- vertical stratification of marine where depth is <200 m, only the sectional area (in square kilometers) of mammals based on known or reasonably exposure area for the 0–200 m depth sound at or above 160 dB rms assumed diving behavior was integrated stratum was calculated). In some cases, multiplied by the total distance traveled into the density estimates used. this resulted in different sources being by the ship (see Table 6a and 6b in The marine mammal abundance predominant in each depth stratum for SEFSC’s application). Where different estimates used for the ARA and GOM all line km when multiple sources were sources operating simultaneously would were obtained from Stock Assessment in operation. This was accounted for in be predominant in each different depth Reports for the Atlantic and the Gulf of estimating overall exposures for species strata (e.g., ME70 and EK60 operating Mexico ecosystem areas (Waring et al. that utilize both depth strata (deep simultaneously may be predominant in 2012, 2013, 2014, and 2015), and the divers). For each ecosystem area, the the shallow stratum and deep stratum, best scientific information available to total number of line km that would be respectively), the resulting cross- SEFSC staff. We note abundances for surveyed was determined, as was the sectional area calculated took this into cetacean stocks in western North relative percentage of surveyed linear account. Specifically, for shallow-diving Atlantic U.S. waters are the combined km associated with each source. The species this cross-sectional area was estimates from surveys conducted by total line km for each vessel, the determined for whichever was the NMFS Northeast Fisheries Science effective portions associated with each predominant in the shallow stratum, Center (NEFSC) from central Virginia to of the dominant sound types, and the whereas for deeper-diving species, this the lower Bay of Fundy and surveys effective total km for operation for each area was calculated from the combined conducted by the SEFSC from central sound type is given in Tables 6–8a and effects of the predominant source in the Virginia to central Florida. The SEFSC 6–8b in SEFSC’s application. In shallow stratum and the (sometimes primary area of research is south of summary, line transect kms range from different) source predominating in the central Virginia. Therefore, densities are 1149 to 3352 in the ARA and 16,797 to deep stratum. This creates an effective based on abundance estimates from 30,146 km with sources operating 20– total volume characterizing the area central Virginia to central Florida and 100 percent of the time depending on ensonified when each predominant are reported in the stock assessment the source. source is operated and accounts for the report for each stock. For example, the Calculating volume of water fact that deeper-diving species may fin whale abundance estimate for the ensonified—The cross-sectional area of encounter a complex sound field in stock is 1,618. However, most of those water ensonified to a 160 dB rms different portions of the water column. animals occur in the northeast with only received level was calculated using a Marine mammal densities—One of about 23 individuals in the southeast simple spherical spreading model of the primary limitations to traditional where SEFSC would occur. Therefore, sound propagation loss (20 log R) such estimates of behavioral harassment from an abundance estimate of 23 was used that there would be 60 dB of attenuation acoustic exposure is the assumption that to estimate density. Density estimates in over 1,000 m. The spherical spreading animals are uniformly distributed in areas where a species is known to occur, model accounted for the frequency time and space across very large but where published density data is dependent absorption coefficient and geographical areas, such as those being absent were calculated based on values the highly directional beam pattern of considered here. There is ample published for the species in adjacent

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regions by analogy and SEFSC expertise. throughout the assessed area, and at depths shallower than 200 m. Their For example, in the CRA there are seasonal movement patterns are not volumetric density and thus exposure to records of marine mammal species taken into account. sound is therefore limited by this depth occurrence (e.g., Mignucci-Giannoni In addition, and to account for at least boundary. In contrast, species in the 1998, Roden and Mullin 2000), some coarse differences in marine deeper-diving stratum were assumed to However, area specific abundance mammal diving behavior and the effect regularly dive deeper than 200 m and estimates are unavailable so the density this has on their likely exposure to these spend significant time at these greater estimates for the GOMRA were used as kinds of often highly directional sound depths. Their volumetric density and sources, a volumetric density of marine proxies where appropriate to estimate thus potential exposure to sound at or acoustic take in the CRA. There are a mammals of each species was above the 160 dB rms threshold is number of caveats associated with these determined. This value is estimated as extended from the surface to the depth estimates: the abundance averaged over the two- (1) They are often calculated using dimensional geographic area of the at which this received level condition visual sighting data collected during one surveys and the vertical range of typical occurs (i.e., corresponding to the 0 to season rather than throughout the year. habitat for the population. Habitat greater than 200 m depth stratum). The The time of year when data were ranges were categorized in two volumetric densities are estimates of the collected and from which densities were generalized depth strata (0–200 m and 0 three-dimensional distribution of estimated may not always overlap with to greater than 200 m) based on gross animals in their typical depth strata. For the timing of SEFSC fisheries surveys differences between known generally shallow-diving species the volumetric (detailed previously in ‘‘Detailed surface-associated and typically deep- density is the area density divided by Description of Activities’’). diving marine mammals (e.g., Reynolds 0.2 km (i.e., 200 m). For deeper diving (2) The densities used for purposes of and Rommel, 1999; Perrin et al., 2009). species, the volumetric density is the estimating acoustic exposures do not Animals in the shallow-diving stratum area density divided by a nominal value take into account the patchy were assumed, on the basis of empirical of 0.5 km (i.e., 500 m). The two- distributions of marine mammals in an measurements of diving with dimensional and resulting three- ecosystem, at least on the moderate to monitoring tags and reasonable dimensional (volumetric) densities for fine scales over which they are known assumptions of behavior based on other each species in each ecosystem area are to occur. Instead, animals are indicators, to spend a large majority of provided in Table 11. considered evenly distributed their lives (i.e., greater than 75 percent) TABLE 11—ABUNDANCES AND VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN SEFSC RESEARCH AREAS USED IN TAKE ESTIMATION

Typical dive Continental Offshore depth strata Continental Offshore shelf area area shelf area 2 area 3 Species 1 Abundance volumetric volumetric 0–200 >200 density density density density (#/km2) (#/km2) m m (#/km3) (#/km3)

Atlantic Research Area 4

Fin whale ...... 23 ...... X ...... 0.00005 ...... 0.00025 Sperm whale ...... 695 ...... X ...... 0.00148 ...... 0.00296 Pygmy/dwarf sperm whales 5 ...... 2,002 ...... X ...... 0.00426 ...... 0.00852 False killer whale ...... 442 ...... X ...... 0.00094 ...... 0.00470 Beaked whales 5 ...... 3,163 ...... X ...... 0.00673 ...... 0.01346 Risso’s dolphin ...... 3,053 ...... X ...... 0.00650 ...... 0.03248 Short-finned pilot whale ...... 16,964 ...... X ...... 0.03610 ...... 0.07219 Short-beaked common dolphin ...... 2,993 ...... X ...... 0.00637 ...... 0.03184 Atlantic spotted dolphin ...... 17,917 ...... X ...... 0.39209 0.03812 1.96043 0.19062 Pantropical spotted dolphin ...... 3,333 ...... X ...... 0.00709 ...... 0.03546 Striped dolphin ...... 7,925 ...... X ...... 0.01686 ...... 0.08431 Rough-toothed dolphin ...... 271 ...... X ...... 0.00058 ...... 0.00288 Bottlenose dolphin ...... 50,766 (offshore), 31,212 (cont. shelf) ...... X ...... 0.25006 0.10802 1.25028 0.54010

Gulf of Mexico Research Area

Bryde’s whale ...... 33 ...... X ...... 0.00011 ...... 0.00054 Sperm whale ...... 763 ...... X ...... 0.00438 ...... 0.00876 Pygmy/dwarf sperm whales 5 ...... 184 ...... X ...... 0.01857 ...... 0.00101 Pygmy killer whale ...... 152 ...... X ...... 0.00080 ...... 0.00400 False killer whale ...... Unk ...... X ...... 0.00086 ...... 0.00432 Beaked whales 56 ...... 149 ...... X ...... 0.00925 ...... 0.00081 Melon-headed whale ...... 2,235 ...... X ...... 0.00487 ...... 0.02434 Risso’s dolphin ...... 2,442 ...... X ...... 0.00523 ...... 0.02613 Short-finned pilot whale ...... 2,415 ...... X ...... 0.00463 ...... 0.00925 Atlantic spotted dolphin 7 ...... 37,611 ...... X ...... 0.09971 unk 0.49854 Unk Pantropical spotted dolphin ...... 50,880 ...... X ...... 0.09412 ...... 0.47062 Striped dolphin ...... 1,849 ...... X ...... 0.00735 ...... 0.03677 Rough-toothed dolphin ...... 624 ...... X ...... 0.00401 0.00664 0.02006 0.03322 Clymene dolphin 8 ...... 129 ...... X ...... 0.00907 ...... 0.04537 Spinner dolphin ...... 11,441 ...... X ...... 0.01888 ...... 0.09439 Bottlenose dolphin ...... 5,806 (oceanic) 51,192 (cont. shelf) ...... X ...... 0.29462 0.02347 1.47311 0.11735

Caribbean Research Area 9

Sperm whale ...... 763 ...... X na 0.00438 na 0.008761 Pygmy/dwarf sperm whales 56 ...... 186 ...... X na 0.01857 na 0.00101 Killer whale ...... 184 ...... X ...... na 0.00000 na 0

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TABLE 11—ABUNDANCES AND VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN SEFSC RESEARCH AREAS USED IN TAKE ESTIMATION—Continued

Continental Offshore Typical dive Offshore depth strata Continental shelf area area shelf area 2 area 3 Species 1 Abundance volumetric volumetric 0–200 >200 density density density density (#/km2) (#/km2) m m (#/km3) (#/km3)

Pygmy killer whale ...... 152 ...... X ...... na 0.00080 na 0.003998 False killer whale ...... Unk ...... X ...... na 0.00086 na 0.004324 Beaked whales 56 ...... 149 ...... X na 0.00925 na 0.00081 Melon-headed whale ...... 2,235 ...... X ...... na 0.00487 na 0.024343 Risso’s dolphin ...... 2,442 ...... X ...... na 0.00523 na 0.026132 Short-finned pilot whale ...... 2,415 ...... X na 0.00463 na 0.009255 Pantropical spotted dolphin ...... 50,880 ...... X ...... na 0.09412 na 0.470615 Striped dolphin ...... 1,849 ...... X ...... na 0.00735 na 0.036771 Fraser’s dolphin ...... X ...... na 0.00000 na 0 Rough-toothed dolphin ...... 624 ...... X ...... na 0.00664 na 0.03322 Clymene dolphin ...... 129 ...... X ...... na 0.00907 na 0.045365 Spinner dolphin ...... 11,441 ...... X ...... na 0.01888 na 0.094389 Bottlenose dolphin ...... 5,806 (oceanic), 51,192 (cont. shelf) ...... X ...... na 0.02347 na 0.117349 1 Those species known to occur in the ARA and GOMRA with unknown volumetric densities have been omitted from this table. Those omitted include: for the ARA—North Atlantic right whale, minke whale, humpback whale, melon-headed whale, pygmy killer whale, long-finned pilot whale, Fraser’s dolphin, spinner dolphin, Clymene dolphin, harbor porpoise, gray seal, and harbor seal; for the GOMRA—killer whale and Fraser’s dolphin. This does not mean they were all omitted for take as proxy species provided in this table were used to estimate take, where applicable. 2 Continental shelf area means 0–200 m bottom depth 3 Offshore area means 200 m bottom depth. 4 Abundances for cetacean stocks in western North Atlantic U.S. waters are the combined estimates from surveys conducted by the NEFSC from central Virginia to the lower Bay of Fundy and surveys conducted by the SEFSC from central Virginia to central Florida. The SEFSC primary area of research is south of central Vir- ginia. Therefore, acoustic take estimates are based on abundance estimates from central Virginia to central Florida and are reported in the stock assessment report for each stock. However, these acoustic takes are compared to the abundance for the entire stock. 5 Density estimates are based on the estimates of dwarf and pygmy sperm whale SAR abundances and the combined abundance estimates of all beaked whales (Mesoplodon spp. + Cuvier’s beaked whale). These groups are cryptic and difficult to routinely identify to species in the field. 6 Data from acoustic moorings in the Gulf of Mexico suggest that both beaked whales and dwarf/pygmy sperm whales are much more abundant than visual surveys suggest. Therefore, acoustic take estimates for these groups were based on abundance estimates extrapolated from acoustic mooring data (DWH–NRDAT 2016). 7 The most reasonable estimate Atlantic spotted dolphin abundance is in the Gulf of Mexico is based on ship surveys of continental shelf waters conducted from 2000–2001. In the Gulf of Mexico the continental shelf is the Atlantic spotted dolphin’s primary habitat. Ship surveys have not been conducted in shelf waters since 2001. 8 Three previous abundance estimates for the Clymene dolphin in the Gulf of Mexico were based surveys conducted over several years and estimates ranged from 5,000 to over 17,000 dolphins. The current estimate is based on one survey in 2009 from the 200 m isobaths to the EEZ and is probably negatively biased. 9 Estimates for the CRA are based on proxy values taken from the GOMRA where available and appropriate. Species omitted due to lack of data were humpback whale, minke whale, Bryde’s whale, and Atlantic spotted dolphin.

Using area of ensonification and the product of the volume of water both depth stata, individual take volumetric density to estimate ensonified at 160 dB rms or higher for estimates were summed. To illustrate, exposures—Estimates of potential the predominant sound source for each we use the ME70 and the pantropical incidents of Level B harassment (i.e., portion of the total line-kilometers for spotted dolphin, which are found only potential exposure to levels of sound at which it is used and the volumetric in the 0–200 m depth stratum, as an or exceeding the 160 dB rms threshold) density of animals for each species. example: are then calculated by using (1) the However, in order to estimate the combined results from output additional volume of ensonified water (1) ME70 ensonified volume (0–200 m) = 2 characteristics of each source and in the deep stratum, the SEFSC first 0.0201 km identification of the predominant subtracted the cross-sectional ensonified (2) Total Linear kms = 1,794 km (no sources in terms of acoustic output; (2) area of the shallow stratum (which is pantropical spotted dolphins are found on their relative annual usage patterns for already accounted for) from that of the the shelf so those trackline distances are not each operational area; (3) a source- deep stratum. Source- and stratum- included here) specific determination made of the area specific exposure estimates are the (3) Pantropical spotted dolphin density (0– 200 m) = 0.47062 dolphins/km3 of water associated with received product of these ensonified volumes ≥ sounds at either the extent of a depth and the species-specific volumetric (4) Estimated exposures to sound 160 dB boundary or the 160 dB rms received densities (Table 12). The general take rms = 0.47062 pantropical spotted dolphin/ km3 * (0.0201 km2 * 1,794 km) = 16.9 sound level; and (4) determination of a estimate equation for each source in (rounded up) = 17 estimated pantropical volumetric density of marine mammal each depth statrum is density * spotted dolphin exposures to SPLs ≥ 160 dB species in each area. Estimates of Level (ensonified volume * linear kms). If rms resulting from use of the ME70. B harassment by acoustic sources are there are multiple sources of take in

TABLE 12—ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC ANNUAL ESTIMATES OF LEVEL B HARASSMENT

Estimated Level B Harassment (#s of animals) in Estimated Level B Harassment Total Species 0–200 m dive depth stratum in >200 m dive depth stratum calculated EK60 ME70 EQ50 EK60 EQ50 take

Atlantic Continental Shelf

Bottlenose dolphin...... 67.00 21.43 21.43 0.00 0.00 110

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TABLE 12—ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC ANNUAL ESTIMATES OF LEVEL B HARASSMENT— Continued

Estimated Level B Harassment (#s of animals) in Estimated Level B Harassment Total Species 0–200 m dive depth stratum in >200 m dive depth stratum calculated EK60 ME70 EQ50 EK60 EQ50 take

Atlantic Offshore

Fin whale ...... 0.02 0.00 0.00 0.00 0.00 1 Sperm whale ...... 0.18 0.02 0.01 1.75 0.00 2 Pygmy/dwarf sperm whales ...... 0.52 0.06 0.02 5.03 0.00 6 False killer whale ...... 0.29 0.03 0.01 0.00 0.00 1 Beaked whales ...... 0.83 0.09 0.03 7.95 0.00 9 Risso’s dolphin ...... 2.00 0.21 0.08 0.00 0.00 3 Short-finned pilot whale ...... 4.43 0.48 0.17 42.65 0.00 48 Short-beaked common dolphin ...... 1.96 0.21 0.07 0.00 0.00 3 Atlantic spotted dolphin ...... 11.71 1.26 0.45 0.00 0.00 14 Pantropical spotted dolphin ...... 2.18 0.23 0.08 0.00 0.00 3 Striped dolphin ...... 5.18 0.56 0.20 0.00 0.00 6 Rough-toothed dolphin ...... 0.18 0.02 0.01 0.00 0.00 1 Bottlenose dolphin ...... 33.18 3.57 1.27 0.00 0.00 39

Gulf of Mexico Continental Shelf

Atlantic spotted dolphin ...... 161.80 12.95 22.75 0.00 0.00 198 Bottlenose dolphin ...... 269.16 21.55 37.84 0.00 0.88 329

Gulf of Mexico Offshore

Bryde’s whale ...... 0.23 0.02 0.01 0.00 0.00 1 Sperm whale...... 1.58 00.15 0.06 15.04 0.06 17 Pygmy/dwarf sperm whales ...... 0.38 0.04 0.01 3.66 0.01 5 Pygmy killer whale ...... 0.79 0.07 0.03 0.00 0.00 1 False killer whale ...... 1.63 0.15 0.06 0.00 0.00 2 Beaked whales ...... 0.31 0.03 0.01 2.93 0.01 4 Melon-headed whale ...... 11.55 1.09 0.41 0.00 0.00 13 Risso’s dolphin ...... 15.78 1.49 0.55 0.00 0.00 18 Short-finned pilot whale ...... 4.99 0.47 0.18 0.00 0.00 4 Pantropical spotted dolphin ...... 179.45 16.97 6.31 0.00 0.00 203 Striped dolphin ...... 14.02 1.33 0.49 0.00 0.00 16 Rough-toothed dolphin ...... 3.23 0.30 0.11 0.00 0.00 4 Clymene dolphin ...... 0.67 0.06 0.02 0.00 0.00 1 Spinner dolphin ...... 59.13 5.59 2.08 0.00 0.00 67 Bottlenose dolphin ...... 44.75 4.23 1.57 0.00 0.00 51

Caribbean Offshore

Sperm whale ...... 0.18 0.01 0.00 1.66 0.00 2 Pygmy/dwarf sperm whales ...... 0.38 0.04 0.01 3.66 0.01 5 Pygmy killer whale ...... 0.09 0.00 0.00 0.00 0.00 1 False killer whale ...... 0.19 0.00 0.00 0.00 0.00 1 Beaked whales ...... 0.31 0.03 0.01 2.93 0.01 4 Melon-headed whale ...... 1.34 0.03 0.01 0.00 0.00 2 Risso’s dolphin ...... 1.83 0.04 0.02 0.00 0.00 2 Short-finned pilot whale ...... 0.58 0.01 0.01 0.00 0.00 1 Pantropical spotted dolphin ...... 20.80 0.50 0.23 0.00 0.00 22 Striped dolphin ...... 1.63 0.04 0.02 0.00 0.00 2 Rough-toothed dolphin ...... 1.47 0.04 0.02 0.00 0.00 1 Clymene dolphin ...... 0.08 0.05 0.02 0.00 0.00 1 Spinner dolphin ...... 6.85 0.16 0.07 0.00 0.00 8 Bottlenose dolphin ...... 5.19 0.12 0.06 0.00 0.00 6

In some cases, the calculated Level B gregarious or travel in group sizes larger requested take in the application to take estimates resulted in low numbers than the calculated take estimate. In reflect those groups sizes (see proposed of animals which are known to be those cases, we have adjusted the take column in Table 13).

TABLE 13—CALCULATED AND PROPOSED LEVEL B TAKE ESTIMATES

Common name MMPA stock Calculated Avg. group Proposed take size 1 take

Fin whale ...... Western North Atlantic ...... 1 2 4

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TABLE 13—CALCULATED AND PROPOSED LEVEL B TAKE ESTIMATES—Continued

Common name MMPA stock Calculated Avg. group Proposed take size 1 take

Blue whale ...... Western North Atlantic ...... N/A 2 4 Bryde’s whale ...... Northern Gulf of Mexico ...... 1 2 4 Sperm whale ...... North Atlantic ...... 2 2.1 4 Northern Gulf of Mexico ...... 17 2.6 17 Puerto Rico and U.S. Virgin Islands ...... 4 unk 4 Pygmy/dwarf sperm whale 1 ...... Western North Atlantic ...... 6 1.9 10 Northern Gulf of Mexico ...... 5 2 6 Northern Gulf of Mexico (CRA) ...... 5 2 6 Beaked whale 2 ...... Western North Atlantic ...... 9 2.3 9 Northern Gulf of Mexico (GOMRA) ...... 4 2 4 Northern Gulf of Mexico (CRA) ...... 4 2 4 Melon-headed whales ...... Northern Gulf of Mexico ...... 13 99.6 100 Risso’s dolphin ...... Western North Atlantic ...... 3 15.4 15 Northern Gulf of Mexico ...... 18 10.2 10 Puerto Rico and U.S. Virgin Island ...... 2 10.2 10 Short-finned pilot whales ...... Western North Atlantic ...... 48 16.6 48 Northern Gulf of Mexico ...... 6 24.9 25 Puerto Rico and U.S. Virgin Islands ...... 1 unk 20 Common dolphin ...... Western North Atlantic ...... 3 267.2 268 Atlantic spotted dolphin ...... Western North Atlantic ...... 14 37 37 Northern Gulf of Mexico ...... 198 22 198 Puerto Rico and U.S. Virgin Islands ...... unk unk 50 Pantropical spotted dolphin ...... Western North Atlantic ...... 4 77.5 78 Northern Gulf of Mexico ...... 203 71.3 203 Striped dolphin ...... Western North Atlantic ...... 6 74.6 75 Northern Gulf of Mexico ...... 16 46.1 46 Bottlenose dolphin ...... Western North Atlantic (offshore) ...... 39 11.8 39 Western North Atlantic (coastal/continental 110 10 110 shelf). Northern Gulf of Mexico (coastal) ...... 2 329 10 2 350 Northern Gulf of Mexico (continental shelf) ... 329 10 350 Northern Gulf of Mexico (oceanic) ...... 51 20.6 100 Puerto Rico and U.S. Virgin Islands ...... 6 unk 50 Rough-toothed dolphin ...... Western North Atlantic ...... 1 8 10 Northern Gulf of Mexico ...... 4 14.1 20 Clymene dolphin ...... Western North Atlantic ...... 20 110 100 Northern Gulf of Mexico ...... 1 89.5 100 Spinner dolphin ...... Western North Atlantic ...... unk unk 100 Northern Gulf of Mexico ...... 16 151.5 200 Puerto Rico and U.S. Virgin Islands ...... n/a unk 50 Pygmy killer whale ...... Northern Gulf of Mexico ...... 1 18.5 20 False killer whale ...... Western North Atlantic ...... 1 unk 20 Northern Gulf of Mexico ...... n/a 27.6 20 Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... n/a 3 8 16 1 Groups sizes based on Fulling et al., 2003; Garrison et al., 2011; Mullin et al., 2003; and Mullin et al., 2004. 2 We note the SEFSC’s application did not request take, by Level B harassment, of bottlenose dolphins belonging to coastal stocks; however, because surveys occur using scientific sonar in waters where coastal dolphins may occur, we are proposing to issue the same amount of Level B take as requested for the continental shelf stock. 3 The American Cetacean Society reports average group size of harbor porpoise range from 6 to 10 individuals. We propose an average group size of 8 for the ARA which is likely conservative given the low density of animals off North Carolina. Given the short and confined spatio-temporal scale of SEFSC surveys in North Carolina during winter months, we assume two groups per year could be encountered.

Proposed Mitigation information about the availability and (1) The manner in which, and the feasibility (economic and technological) degree to which, the successful In order to issue an incidental take of equipment, methods, and manner of implementation of the measure(s) is authorization under Section 101(a)(5)(A conducting such activity or other means expected to reduce impacts to marine or D) of the MMPA, NMFS must set of effecting the least practicable adverse mammals, marine mammal species or forth the permissible methods of taking impact upon the affected species or stocks, and their habitat. This considers pursuant to such activity, ‘‘and other stocks and their habitat (50 CFR the nature of the potential adverse means of effecting the least practicable 216.104(a)(11)). impact being mitigated (likelihood, impact on such species or stock and its scope, range). It further considers the habitat, paying particular attention to In evaluating how mitigation may or likelihood that the measure will be rookeries, mating grounds, and areas of may not be appropriate to ensure the effective if implemented (probability of similar significance, and on the least practicable adverse impact on accomplishing the mitigating result if availability of such species or stock for species or stocks and their habitat, as implemented as planned) the likelihood taking’’ for certain subsistence uses. well as subsistence uses where of effective implementation (probability NMFS regulations require applicants for applicable, we carefully consider two implemented as planned). and; (2) the incidental take authorizations to include primary factors: practicability of the measures for

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applicant implementation, which may over survey platforms used by the reporting requirements. The SEFSC consider such things as cost, impact on SEFSC—is the applicant to whom any would also provide consistent, timely operations, and, in the case of a military incidental take authorization issued support throughout the year to address readiness activity, personnel safety, under the authority of these proposed any questions or concerns researchers practicality of implementation, and regulations would be issued, we require may have regarding these measures. impact on the effectiveness of the that the SEFSC take all necessary SEFSC would also be required to military readiness activity. measures to coordinate and establish and maintain cooperating communicate in advance of each partner working group(s) to identify SEFSC Mitigation for Marine Mammals circumstances of a take should it occur and Their Habitat specific survey with OMAO, and other relevant parties, to ensure that all and any action necessary to avoid future The SEFSC has invested significant mitigation measures and monitoring take. Each working group shall consist time and effort in identifying requirements described herein, as well of at least one SEFSC representative technologies, practices, and equipment as the specific manner of knowledgeable of the mitigation, to minimize the impact of the proposed implementation and relevant event- monitoring and reporting requirements activities on marine mammal species contingent decision-making processes, contained within these regulations, one and stocks and their habitat. The are clearly understood and agreed-upon. or more research institution or SEFSC mitigation measures discussed here This may involve description of all representative(s) (preferably have been determined to be both required measures when submitting researcher(s) aboard vessel when take or effective and practicable and, in some cruise instructions to OMAO or when risk of take occurred), one or more staff cases, have already been implemented completing contracts with external from NMFS Southeast Regional Office by the SEFSC. In addition, the SEFSC is entities. The SEFSC will coordinate and Protected Resources Division, and one actively conducting research to conduct briefings at the outset of each or more staff from NMFS Office of determine if gear modifications are survey and as necessary between ship’s Protected Resources. At the onset of effective at reducing take from certain crew (CO/master or designee(s), as these regulations, SEFSC shall maintain types of gear; any potentially effective appropriate) and scientific party in the recently established SCDNR working and practicable gear modification order to explain responsibilities, group to identify actions necessary to mitigation measures will be discussed communication procedures, marine reduce the amount of take from SCDNR as research results are available as part mammal monitoring protocol, and trawling. Other working groups shall be of the adaptive management strategy operational procedures. SEFSC will also established if a partner takes more than included in this rule. As for other parts coordinate as necessary on a daily basis one marine mammal within 5 years to of this rule, all references to the SEFSC, during survey cruises with OMAO identify circumstances of marine unless otherwise noted, include personnel or other relevant personnel mammal take and necessary action to requirements for all partner institutions on non-NOAA platforms to ensure that avoid future take. Each working group identified in the SEFSC’s application. requirements, procedures, and decision- shall meet at least once annually. The Coordination and communication— SEFSC will maintain a centralized When SEFSC survey effort is conducted making processes are understood and properly implemented. The CS will be repository for all working group aboard NOAA-owned vessels, there are findings to facilitate sharing and both vessel officers and crew and a responsible for coordination with the Officer on Deck (OOD; or equivalent on coordination. scientific party. Vessel officers and crew While at sea, best professional non-NOAA platforms) to ensure that are not composed of SEFSC staff, but are judgement is used to determine if a requirements, procedures, and decision- employees of NOAA’s Office of Marine marine mammal is at risk of and Aviation Operations (OMAO), making processes are understood and entanglement/hooking and if and what which is responsible for the properly implemented. type of actions should be taken to management and operation of NOAA For fisheries research being decrease risk of interaction. To improve fleet ships and aircraft and is composed conducted by partner entities, it remains judgement consistency across the of uniformed officers of the NOAA the SEFSC’s responsibility to ensure region, the SEFSC will initiate a process Commissioned Corps as well as those partners are communicating and for SEFSC and partner institution FPCs, civilians. The ship’s officers and crew coordinating with the SEFSC, receiving SWLs, scientists, and vessel captains provide mission support and assistance all necessary marine mammal mitigation and crew to communicate with each to embarked scientists, and the vessel’s and monitoring training, and other about their experiences with Commanding Officer (CO) has ultimate implementing all required mitigation protected species interactions during responsibility for vessel and passenger and monitoring in a manner compliant research work with the goal of safety and, therefore, decision authority. with the proposed rule and LOA. The improving decision-making regarding When SEFSC-funded surveys are SEFSC will incorporate specific avoidance of adverse interactions. The conducted aboard cooperative platforms language into its contracts that specifies SEFSC will host at least one training (i.e., non-NOAA vessels), ultimate training requirements, operating annually (may be combined with other responsibility and decision authority procedures, and reporting requirements training requirements) to inform again rests with non-SEFSC personnel for protected species that will be decision-makers of various (i.e., vessel’s master or captain). required for all surveys conducted by circumstances that may arise during Decision authority includes the research partners, including those surveys, necessary action, and follow-up implementation of mitigation measures conducted on chartered vessels. To coordination and reporting of instances (e.g., whether to stop deployment of facilitate this requirement, SEFSC of take or possible take. The intent of trawl gear upon observation of marine would be required to hold at least one this new training program would be to mammals). The scientific party involved training per year with at least one draw on the collective experience of in any SEFSC survey effort is composed, representative from each partner people who have been making those in part or whole, of SEFSC staff and is institution (preferably chief scientists of decisions, provide a forum for the led by a Chief Scientist (CS). Therefore, the fishery independent surveys exchange of information about what because the SEFSC—not OMAO or any discussed in this rule) to review the went right and what went wrong, and other entity that may have authority proposed mitigation, monitoring and try to determine if there are any rules-

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of-thumb or key factors to consider that determination. SEFSC shall coordinate deployment and retrieval time). These would help in future decisions with all research partners, at least once short tow durations decrease the regarding avoidance practices. The annually, to ensure mitigation, opportunity for curious marine SEFSC would coordinate not only monitoring and reporting requirements, mammals to find the vessel and among its staff and vessel captains and procedures and decision-making investigate. Tow times are less than the crew but also with those from other processes contained within the 55 minute tow time restriction required fisheries science centers, research proposed regulations and LOA are for commercial shrimp trawlers not partners, the Southeast Regional Office, understood. All vessels must comply using turtle excluder devices (TEDs) (50 and other institutions with similar with applicable and relevant take CFR 223.206). The resulting tow experience. reduction plans, including any required distances are typically one to two nm or The SEFSC will coordinate with the soak time limits and gear length less, depending on the survey and trawl local Southeast Regional Stranding restrictions. speed. Short tow times reduce the Coordinator and the NMFS Stranding likelihood of entangling protected Trawl Mitigation Measures Coordinator for any unusual protected species. species behavior and any stranding, The SEFSC and research partners use The move-on rule will be applied to beached live/dead, or floating protected a variety of bottom trawl gears for all oceanic deep water trawls if species that are encountered during different research purposes. These trawl sightings occur anywhere around vessel field research activities. If a large whale types include various shrimp trawls (within 2 nm) during a 30 minute pre- is alive and entangled in fishing gear, (otter, western jib, mongoose, Falcon), gear deployment monitoring timeframe. the vessel will immediately call the U.S. high-opening bottom trawls, and flat net Vessels will move away if animals Coast Guard at VHF Ch. 16 and/or the bottom trawls (see Table 1–1 and appear at risk or trawling will be appropriate Marine Mammal Health and Appendix A in the DPEA). The SEFSC delayed until marine mammals have not Stranding Response Network for and its research partners also use been sighted for 30 min or otherwise instructions. All entanglements (live or modified beam trawls and benthic determined to no longer be at risk. If dead) and vessel strikes must be trawls pulled by hand that are not animals are still at risk after moving or reported immediately to the NOAA considered to pose a risk to protected 30 minutes have lapsed, the vessel will Fisheries Marine Mammal Stranding species due to their small size and very move again or the station will be Hotline at 1–877–433–8299. short tow durations. Therefore, these skipped. General Fishing Gear Measures smaller, hand pulled trawls are not Bottom trawl surveys conducted for subject to the mitigation measures purposes of researching gears designed The following measures describe provided here. mitigation application to all SEFSC to reduce sea turtle interaction (e.g., The following mitigation measures turtle exclusion device (TED) testing) surveys while measures specific to gear apply for trawl surveys: types follow. SEFSC will take all • and develop finfish bycatch mitigation Limit tow times to 30 minutes measures for commercial trawl fisheries necessary measures to avoid marine (except for sea turtle research trawls); mammal interaction with fishing gear • may have tow times of up to four hours. open codend close to deck/sorting These exceptions to the short tow used during fishery research surveys. table during haul back to avoid damage This includes implementing the move- duration protocols are necessary to meet to animals that may be caught in gear research objectives. TEDs are used in on rule (when applicable), which means and empty gear as quickly as possible delaying setting gear when marine nets that are towed in excess of 55 after retrieval haul back; minutes as required by 50 CFR 223.206. mammals are observed at or • delay gear deployment if marine When research objectives prevent the approaching the sampling site and are mammals are believed to be at-risk of installation of TEDs, tow time limits deemed to be at-risk of becoming interaction; entangled or hooked on any type of • retrieve gear immediately if marine will match those set by commercial fishing gear, and immediately pulling mammals is believed to be entangled or fishing regulations such as the skimmer gear from the water when marine at-risk of entanglement; trawl fishery which has a 55 min tow mammals are deemed to be at-risk of • implement marine mammal time limit. This research is covered becoming entangled or hooked on any mitigation measures included in the under the authority of the ESA and the type of fishing gear. SEFSC will, at all NMFS ESA Scientific Research permit regulations governing the taking, times, monitor for any unusual under which a survey may be operating; importing, and exporting of endangered circumstances that may arise at a • dedicated marine mammal and threatened species (50 CFR parts sampling site and use best professional observations shall occur at least 15 222–226). The SEFSC began using judgment to avoid any potential risks to minutes to beginning of net deployment; skimmer trawls in their TED testing in marine mammals during use of all this watch may include approach to the 2012. Mitigation measures in Scientific research equipment. sampling station; Research permit 20339, issued May 23, In some cases, marine mammals may • at least one scientist will monitor 2017, include: be attracted to the vessel during fishing. for marine mammals while the trawl is • Trawling must not be initiated To avoid increased risk of interaction, deployed and upon haul-back; when marine mammals (except the SEFSC will conduct fishery research • minimize ‘‘pocketing’’ in areas of dolphins or porpoises) are observed sampling as soon as practicable upon the net where dolphin depredation within the vicinity of the research and arriving at a sampling station and prior evidence is commonly observed; and the marine mammals must be allowed to to conducting environmental sampling. • continue investigation into gear either leave or pass through the area If fishing operations have been modifications (e.g., stiffening lazy lines) safely before trawling is initiated; suspended because of the presence of and e.g., the effectiveness of gear • Researchers must make every effort marine mammals, SEFSC may resume modification. to prevent interactions with marine fishing operations when interaction In 2008, standard tow durations for mammals and researchers must be with marine mammals is deemed fishery bottom trawl surveys were aware of the presence and location of unlikely. SEFSC may use best reduced from 55 minutes to 30 minutes these animals at all times as they professional judgment in making this or less at target depth (excluding conduct trawling activities;

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• During skimmer trawl surveys, a • During skimmer trawl surveys, a Live feed video or sonar monitoring of minimum of two staff, one on each side minimum of two staff, one on each side the trawl may be used in lieu of tow (port/starboard) of the vessel, must (port/starboard) of the vessel, must time limits. This mitigation measure is inspect the gear every five minutes to inspect the gear every five minutes to also used in addition to TEDs during monitor for the presence of marine monitor for the presence of marine some projects. Video or sonar feeds are mammals, mammals; monitored for the duration of the tow. • • Prior to retrieving the skimmer Prior to retrieving the skimmer If a TED is not installed in the trawl and trawl tail bags, the vessel must be trawl tail bags, the vessel must be a protected species is observed in the slowed from the active towing speed to slowed from the active towing speed to trawl then the tow is immediately 0.5–1.0 kn; 0.5–1.0 kn; • • terminated. If a TED is installed and a If a marine mammal enters the net, Should marine mammals enter the marine mammal is observed to have research area after the seine or tangle becomes entangled or dies, researchers difficulty escaping through the TED nets have been set, the lead line must be must (a) stop trawling activities and opening, or the individual is lost from raised and dropped in an attempt to immediately free the animal, (b) notify the video or sonar feed then the tow is the appropriate NMFS Regional make marine mammals in the vicinity aware of the net; immediately terminated. For all trawl Stranding Coordinator as soon as types, the lazy line is a source of possible and (c) report the incident • If marine mammals remain within entanglement. In particular, dolphins (permitted activities will be suspended the vicinity of the research area, tangle like to rub the line. Loose lines are until the Permits Division has granted or seine nets must be removed; and • prone to create a half-hitch around their approval to continue research); and If a marine mammal enters the trawl • Video monitoring of the TED must net, becomes entangled or captured, tail. Therefore, to mitigate this type of be used when trawling around Duck, researchers must stop activities and interaction, the SEFSC Harvesting North Carolina, to reduce take of immediately free the animal, notify the Systems Unit (HSU) has conducted Atlantic sturgeon (although this NMFS Southeast Regional Stranding limited research examining the potential requirement is not geared toward Coordinator as soon as possible, report use of lazy lines constructed of marine mammals, the camera feed can the incident within 2 weeks and, in alternative materials designed to reduce be used to observe marine mammals to addition to the written report, the marine mammal entanglement with inform decisions regarding Permit Holder must contact the Permits respect to material, thickness, and implementing mitigation). Division. stiffness. Polyester rope, also known as The SEFSC also holds an ESA- Other mitigation measures are Dacron, may be a suitable alternative to research permit to assess sea turtle included in research permit 16733–04 traditionally used polypropylene. abundance, stock identification, life that are designed for sea turtles but also Polyester rope is UV and abrasion history, and impacts of human have benefits to minimizing resistant and has less elasticity than activities; determine sea turtle entanglement of marine mammals. nylon, but does not lose strength when movements, fine-scale habitat These include: wet. Polyester, like polypropylene, does • Highly visible buoys must be characteristics and selection, and not absorb water, but has a higher attached to the float line of each net and delineation of foraging and nursery specific gravity (1.38), which causes it spaced at intervals of 10 yards or less; areas; and examine how sea turtle to sink. Polyester can be constructed Nets must be checked at intervals of less distributions correlate with temporal using a process that results in a medium than 30 minutes, and more frequently trends and environmental data or hard lay rope that that is stiff, avoids whenever turtles or other organisms are (Scientific Research Permit 16733–04). hockling (a twist in the line which gets observed in the net. If water That research permit includes a number caught in a block) and is self-coiling temperatures are ≤10 °C or ≥30 °C, nets of marine mammal conditions that must when loaded or unloaded off a capstan must be checked at less than 20-minute be followed and are incorporated into or gear hauler. The high specific gravity intervals (‘‘net checking’’ is defined as this proposed rule by reference: of this type of rope may pose a snagging a complete and thorough visual check of • Trawl tow times must not exceed 30 or hang-up hazard when used as a lazy the net either by snorkeling the net in minutes (bottom time) except in cases line in trawl operations. However, the clear water or by pulling up on the top when the net is continuously monitored smooth feel of the rope compared to line such that the full depth of the net with a real-time video camera or multi- polypropylene may reduce the is viewed along the entire length); The beam sonar system; attractiveness of the line to the rubbing float line of all nets must be observed at • Haul back must begin once a sea behavior of bottlenose dolphin. turtle or marine mammal enters the net all times for movements that indicate an In 2007, the HSU conducted regardless of time limits; animal has encountered the net (when • Seine net pulls must not exceed 45 this occurs the net must be immediately preliminary NOAA diver assisted trials minutes as part of a 2-hour deployment; checked). During diver assisted gear with High Density Polyethylene (HDPE) • Nets must not be put in the water evaluations (SEFSC Small Turtle TED rope as a replacement for traditional and trawls must not be initiated when Testing and Gear Evaluations), dive polypropylene. Compared to marine mammals are observed within teams are deployed on the trawls while polypropylene, HDPE polyethylene has the vicinity of the research; they are being towed. During this similar properties including negligible • Marine mammals must be allowed research, divers actively monitor the water absorption, UV resistance, and to either leave or pass through the area gear for protected species interactions low specific gravity, which allows it to safely before net setting or trawling is and use emergency signal floats to float. However, HDPE polyethylene may initiated; notify the vessel if an interaction occurs. be constructed with a harder lay than • Researchers must make every effort When the signal float is deployed the traditional polypropylene rope. Divers to prevent interactions with marine vessel terminates the tow and slows the found that half-hitching the line was mammals; gear down to a minimal forward speed more difficult than traditional • Researchers must be aware of the of less than 0.5 knots, which allows polypropylene line. However, presence and location of these animals divers to assist the protected species operational trials were not conducted to at all times as they conduct activities; escape. examine performance and usability

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aboard the vessel during extended polypropylene and the stiffest and nearshore waters, the move-on rule fishing operations. alternative rope, Samson SSR 100 MHL. will not be required for such surveys. Another alternative may be However divers commented that it was However, the chief scientist and/or replacement of the lazy line with 3⁄8 in. more difficult to introduce the loop in vessel captain will be required to take stainless steel cable or replacement of the stiffer Samson SSR 100 MHL than immediate action to reduce dolphin the aft portion of the lazy line with 3⁄8 the polypropylene line and more interaction should animals appear to be in. stainless steel cable. Replacement of difficult to introduce the loop along the at risk or are entangled in the net. For the entire lazy line with cable would outer portion of the lazy line with the skimmer trawl research, both the lazy require block replacement and the use sugar line attached due to the increased line and net can be monitored from the of dedicated winches for hauling the tension on the line. Use of an alternative vessel. However, this is not possible for gear. Replacing the aft portion of the stiffer line with low stretch in bottom trawls. Therefore, for bottom lazy line, where bottlenose dolphins combination with a short sugar line may trawls, researchers should use best typically interact with the line, would reduce the potential for bottlenose professional judgement to determine if not require any changes as long as the dolphin takes on lazy lines. However, gear deployment should be delayed or rope to cable connection is able to additional usability research is needed hauled. For example, the SCDNR has smoothly pass through existing blocks. with these alternative rope types to see noted one instance upon which However, each of these changes would how they perform under commercial dolphins appeared distressed, evident result in sinking and potential snagging conditions. Finally, more directed by the entire group converging on the or hang-up hazards. These dolphin/lazy line interaction behavior net during haul-back. They quickly modifications are also not without research is needed to better understand discovered a dolphin was entangled in consequences. Lazy line modifications the modes of interaction and provide the net. This and similar types of overt may require vessel equipment changes conservation engineers with the distress behaviors should be used by (e.g., blocks on research vessels) or may knowledge required to better formulate researchers monitoring the net to change the effectiveness of the catch, potential solutions. identify potential entanglement, precluding comparison of new data to Given the report’s results and requiring the net be hauled-in long-term data sets. In 2017, the HSU recommendations, NMFS is not immediately and quickly. conducted a follow-up study, funded by requiring the SEFSC implement lazy Pelagic trawls conducted in deep NMFS Office of Science and line modifications at this time. water (500–800 m deep) are typically Technology, to further investigate gear However, as an adaptive management modification and the potential strategy, NMFS will be periodically mid-water trawls and occur in oceanic effectiveness at reducing dolphin assessing lazy line modification as a waters where marine mammal species entanglement. potential mitigation measure in this and diversity is greater increased compared The following summarizes HSU’s future regulations. NMFS will continue to the coast or estuaries. Oceanic species 2017 research efforts on shrimp trawl to work with the SEFSC to determine if often travel in very large groups and are gear modification which was carried out gear modifications such as stiffer lazy less likely to have prior encounters and to inform development of this proposed lines are both warranted and practicable experience with trawl gear than inshore rule (the fully report can be found at to implement. Should the SEFSC bottlenose dolphins. For these trawls, a https://www.fisheries.noaa.gov/node/ volunteer to modify trawl lazy lines, dedicated marine mammal observer 23111). Gearhart and Hathaway (2018) NMFS will work with the researchers to would observe around the vessel for no provide the following summary of identify any potential benefit and costs less than 30 minutes prior to gear research methods and findings: From to doing so. deployment. If a marine mammal is June 9–22, 2017, HSU conducted gear In addition to interactions with the observed within 2 nm of the vessel, gear evaluations in Panama City, Florida, lazy line, the SEFSC has identified that deployment would be delayed until that with various lazy lines and holes in trawl nets resulting from animal is deemed to not be at risk of configurations. In addition to traditional dolphin depredation are most numerous entanglement (e.g., the animal is moving polypropylene, three types of 3 strand around net ‘‘pockets’’ where fish on a path away from the vessel) or the rope were examined; Samson Ultra-Blue congregate. Reinforcing these more vessel would move to a location absent Medium Hard Lay (MHL); Samson SSR vulnerable sections of the net could of marine mammals and deploy gear. If 100 MHL; and Samson XLR. Vertical help reduce entanglement. Similar to trawling operations have been delayed and horizontal profiles of each rope type lazy line modification investigations, because of the presence of protected were measured with and without a this potential mitigation measure will be species, the vessel resumes trawl ‘‘sugar line’’ attached in a twin-rigged further examined to determine its operations (when practicable) only trawl configuration. In addition, effectiveness and practicability. The when these species have not been dolphin interactions were simulated by proposed regulations identify sighted within 30 minutes or are NMFS divers with an aluminum ‘‘pocketing’’ of the net should be determined to no longer be at risk (e.g., dolphin fluke model. Results indicate minimized. moving away from deployment site). If that the vertical profiles were reduced Finally, marine mammal monitoring the vessel moves, the required 30- and horizontal profiles increased for all will occur during all trawls. Bottlenose minute monitoring period begins again. rope types when a 25 ft (7.6 m) ‘‘sugar dolphins are consistently interacting In extreme circumstances, the survey line’’ was added. Due to differences in with research trawls in the estuary and station may need to be cancelled if elasticity when compared to nearshore waters and are seemingly animals (e.g., delphinids) follow the polypropylene, the alternative rope attracted to the vessel, with most vessel. In addition to implementing the types experienced greater tension with dolphins converging around the net ‘‘move-on’’ rule, all trawling would be vertical profiles flattening, while the during haul-back (SCDNR Working conducted first to reduce the polypropylene rope maintained vertical Group, pers. comm., February 2, 2016). opportunity to attract marine mammals relief. Results of simulated dolphin This makes it difficult to ‘‘lose’’ to the vessel. However, the order of gear interactions were inconclusive with dolphins, even if moving stations. Due deployment is at the discretion of the divers able to introduce half-hitch loops to the known persistent behavior of FPC or SWL based on environmental around the model fluke with both dolphins around trawls in the estuary conditions. Other activities, such as

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water sampling or plankton tows, are • Hand-check the net every 30 • Monitor area for marine mammals conducted in conjunction with, or upon minutes if soak times are longer than 30 and, if present, delay setting gear until completion of, trawl activities. minutes or immediately if disturbance is the animal is deemed not at risk. Once the trawl net is in the water, the observed; • Immediately reel in lines if marine officer on watch, FPC or SWL, and/or • Pull gear immediately if mammals are deemed to be at risk of crew standing watch continue to disturbance in the nets is observed; interacting with gear. • • monitor the waters around the vessel Reduce net slack and excess Following existing Dolphin and maintain a lookout for protected floating and trailing lines; Friendly Fishing Tips: http:// • _ species as far away as environmental Repair damaged nets prior to sero.nmfs.noaa.gov/protected _ _ conditions allow. If protected species deploying; and resources/outreach and education/ • _ _ _ are sighted before the gear is fully Delay or pull all gear immediately documents/dolphin friendly fishing and implement the move-on rule if tips.pdf. retrieved, the most appropriate response • to avoid incidental take is determined marine mammal is at-risk of Not discard leftover bait overboard by the professional judgment of the FPC entanglement. while actively fishing. The dedicated observation will be • Inspect tackles daily to avoid or SWL, in consultation with the officer made by scanning the water and marsh unwanted line breaks. on watch. These judgments take into edge (if visible when working in When fishing with bottom or pelagic consideration the species, numbers, and estuarine waters) 360 degrees around longlines, the SEFSC will: (1) Limit behavior of the animals, the status of the the vessel where the net would be set. longline length and soak times to the trawl net operation (net opening, depth, If a marine mammal is sighted during minimum amount possible; (2) deploy and distance from the stern), the time it this observation period, nets would not longline gear first (after required would take to retrieve the net, and be deployed until the animal has left the monitoring) prior to conducting safety considerations for changing speed area, is on a path away from where the environmental sampling; (3) if any or course. Most marine mammals have net would be set, or has not been re- marine mammals are observed, delay been caught during haul-back sighted within 15 minutes. deploying gear unless animal is not at operations, especially when the trawl Alternatively, the research team may risk of hooking; (4) pull gear doors have been retrieved and the net is move the vessel to an area clear of immediately and implement the move- near the surface and no longer under marine mammals. If the vessel moves, on rule if any marine mammal is hooked tension. In some situations, risk of the 15 minute observation period is or at risk of being hooked; (5) deploy adverse interactions may be diminished repeated. Monitoring by all available longline gear prior to environmental by continuing to trawl with the net at crew would continue while the net is sampling; and (6) avoid chumming (i.e., depth until the protected species have being deployed, during the soak, and baiting water). More detail on these left the area before beginning haul-back during haulback. measures are described below. operations. In other situations, swift If marine mammals are sighted in the Prior to arrival on station (but within retrieval of the net may be the best peripheral sampling area during active 0.5 nautical mile), the officer, crew course of action. The appropriate course netting, the SEFSC will raise and lower members, and scientific party on watch of action to minimize the risk of the net leadline. If marine mammals do visually scan for protected species for incidental take of protected species is not immediately depart the area and the 30 minutes prior to station arrival for determined by the professional animal appears to be at-risk of pelagic longline surveys and 15 minutes judgment of the FPC or SWL based on entanglement (e.g,, interacting with or prior for other surveys. Binoculars will all situation variables, even if the on a path towards the net), the SEFSC be used as necessary to survey the area choices compromise the value of the delay or pull all gear immediately and, while approaching and upon arrival at data collected at the station. Care is if required, implement the move-on rule the station, while the gear is deployed, taken when emptying the trawl, if marine mammal is at-risk of and during haulback. Additional including opening the codend as close entanglement. monitoring is conducted 15 minutes as possible to the deck of the checker (or If protected species are not sighted prior to setting longline gear by sorting table) in order to avoid damage during the 15 minute observation members of the scientific crew that to protected species that may be caught period, the gear may be set. Waters monitor from the back deck while in the gear but are not visible upon surrounding the net and the net itself baiting hooks. If protected species are retrieval. The gear is emptied as quickly would be continuously monitored sighted prior to setting the gear or at any as possible after retrieval in order to during the soak. If protected species are time the gear is in the water, the bridge determine whether or not protected sighted during the soak and appear to be crew and SWL are alerted immediately. species are present. at risk of interaction with the gear, then Environmental conditions (e.g., lighting, Seine Nets the gear is pulled immediately. If fishing sea state, precipitation, fog, etc.) often operations are halted, operations resume limit the distance for effective visual The SEFSC will implement the when animal(s) have not been sighted monitoring of protected species. If following mitigation measures when within 15 minutes or are determined to marine mammals are sighted during any fishing with seine nets (e.g., gillnets, no longer be at risk, as determined by monitoring period, the ‘‘move-on’’ rule, trammel nets): the judgment of the FPC or SWL. In as described in the trawling mitigation • Conduct gillnet and trammel net other instances, the station is moved or section above would be implemented. If research activities during daylight hours cancelled. If any disturbance in the gear longline operations have been delayed only; is observed in the gear, it is immediately because of the presence of protected • Limit soak times to the least amount checked or pulled. species, the vessel resumes longline of time required to conduct sampling; operations only when these species • Conduct dedicated marine mammal Hook and Line Gear Mitigation have not been sighted within 15 observation monitoring beginning 15 In addition to the general mitigation minutes or otherwise determined to no minutes prior to deploying the gear and measures listed above, the SEFSC will longer be at risk. The risk decision is at continue through deployment and implement the following mitigation the discretion of the FPC or SWL and is haulback; measures: dependent on the situation. After the

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required monitoring period, longline fishing. If a marine mammal is observed All NOAA research vessels operating in gear is always the first equipment or within 50 meters of the vessel or on a North Atlantic right whale habitat fishing gear to be deployed when the path toward the vessel, electrofishing participate in the Right Whale Early vessel arrives on station. would be delayed. Fishing would not Warning System. If marine mammals are detected begin until the animal is outside of the SEFSC research vessel captains and during setting operations or while the 50 m safety zone or on a consistent path crew watch for marine mammals while gear is in the water and are considered away from the vessel. Alternatively, if underway during daylight hours and to be at risk (e.g., moving towards animals do not leave the area, the vessel take necessary actions to avoid them. deployment site, displaying behaviors of could move to another sampling station. There are currently no Marine Mammal potentially interacting with gear, etc.), If the vessel moves, the 15 minutes Observers (MMOs) aboard the vessels the FPC or SWL in conjunction with the observation period is repeated. During dedicated to watching for marine officer on watch may halt the setting electrofishing, the research crew would mammals to minimize the risk of operation or call for retrieval of gear also monitor for marine mammals. If collisions, although the large NOAA already set. The species, number, and animals are observed within or a path vessels (e.g., NOAA Ship Pisces) behavior of the protected species are toward the 50 m safety zone, operated by the NOAA Office of Marine considered along with the status of the electrofishing would be terminated and and Aviation Operations (OMAO) ship and gear, weather and sea not resume until the animal is clear of include one bridge crew dedicated to conditions, and crew safety factors and on a path away from the 50 m safety watching for obstacles at all times, when making decisions regarding gear zone. All samples collected during including marine mammals. At any time deployment delay or retrieval. electrofishing are to remain on the during a survey or in transit, any bridge There are also a number of standard vessel and not discarded until all personnel that sights marine mammals measures designed to reduce hooking electrofishing is completed to avoid that may intersect with the vessel course potential and minimize injury. In all attracting protected species. immediately communicates their pelagic longline sets, gangions are 110 Vessel speed—Vessel speed during presence to the helm for appropriate percent as long as the drop line depth; active sampling is less than 5 kn course alteration or speed reduction as therefore, this gear configuration allows (average 2–3 kn) while transit speeds to soon as possible to avoid incidental a potentially hooked marine mammal and from sampling sites vary from 6–14 collisions, particularly with large the ability to reach the surface. SEFSC kn but average 10 kn. These low vessel whales (e.g., North Atlantic right longline protocols specifically prohibit speeds minimize the potential for ship whales). chumming reducing any attraction. strike (see ‘‘Potential Effects of the The Right Whale Early Warning Further, no stainless steel hooks are Specified Activity on Marine Mammals System is a multi-agency effort that used so that in the event a hook can not and Their Habitat’’ for an in-depth includes the SEFSC, the Florida Fish be retrieved from an animal, it will discussion of ship strike). At any time and Wildlife Conservation Commission corrode. Per PLTRP, the SEFSC pelagic during a survey or in transit, if a crew (FWCC), U.S. Coast Guard, U.S. Navy, longline survey uses the Pelagic member standing watch or dedicated and volunteer observers. Sightings of Longline Marine Mammal Handling and marine mammal observer sights marine the critically endangered North Atlantic Release Guidelines for any pelagic mammals that may intersect with the right whale are reported from aerial longline sets made within the Atlantic vessel course that individual will surveys, shipboard surveys, whale EEZ. These procedures would also be immediately communicate the presence watch vessels, and opportunistic implemented in the GOMRA and CRA. of marine mammals to the bridge for sources (U.S. Coast Guard, commercial Other gears—The SEFSC deploys a appropriate course alteration or speed ships, fishing vessels, and the general wide variety of gear to sample the reduction, as possible, to avoid public). Whale sightings are reported in marine environment during all of their incidental collisions. real time to the Right Whale Early research cruises. Many of these types of While transiting in areas subjected to Warning System network and gear (e.g., chevron fish trap, eel traps, the North Atlantic ship strike rule, all information is disseminated to mariners dip nets, video cameras and ROV SEFSC- affiliated research vessels within a half hour of a sighting. The deployments) are not considered to pose (NOAA vessels, NOAA chartered program was designed to reduce any risk to marine mammals due to their vessels, and research partner vessels) collisions between ships and North size, deployment methods, or location, will abide by the required speed Atlantic right whales by alerting and therefore are not subject to restrictions and sighting alert protocols. mariners to the presence of the whales mitigation. However, at all times when The ship strike rule for the southeast in near real time. Under the proposed the SEFSC is conducting survey U.S. seasonal management area (SMA) rule, all NOAA-affiliated vessels operations at sea, the OOD and/or CS requires that, from November 15 operating in North Atlantic right whale and crew will monitor for any unusual through April 15, all vessels 65 feet or habitat will be required to participate in circumstances that may arise at a longer must slow to 10 kn or less in the the Right Whale Early Warning System. sampling site and use best professional right whale calving and nursery grounds Acoustic and Visual Deterrent judgment to avoid any potential risks to which are bounded to the north by Devices—Acoustic and visual deterrents marine mammals during all vessel latitude 31°27′ N, to the south by 29°45′ include, but are not limited; to pingers, operation and use of research N, and to the east by 80°51′36″ W. Mid- recordings of predator vocalizations, equipment. Atlantic SMAs include several port or light sticks, and reflective twine/rope. Electrofishing—Electrofishing occurs bay entrances from northern Georgia to Pingers are underwater sound-emitting on small vessels and operates with a Rhode Island between November 1 and devices attached to gear that have been 3000 watt pulsed direct current for 15 April 30. In addition, dynamic shown to decrease the probability of minutes. The electric field is less than management areas (DMAs) are interacuetions with certain species of 20 feet around the electrofishing vessel. temporary areas created around right marine mammals. Pingers have been Before the electrofishing vessel begins whale sightings, the size of which shown to be effective in deterring some operating, a dedicated marine mammal depends on the number of whales marine mammals, particularly harbor observer would scan the surrounding sighted. Voluntary speed reductions porpoises, from interacting with gillnet waters for at least 15 minutes prior to may apply when no SMA is in effect. gear (Nowacek et al. 2007, Carretta and

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Barlow 2011). Multiple studies have bottlenose dolphins have the potential disentangling marine mammals carries reported large decreases in harbor to interact has been approached with inherent safety risks, and using best porpoise mortality (approximately caution. Two primary concerns professional judgment and ensuring eighty to ninety percent) in bottom-set expressed with regard to pinger human safety is paramount. gillnets (nets composed of vertical panes effectiveness in reducing marine Captured live or injured marine of netting, typically set in a straight line mammal bycatch relate to habituation mammals are released from research and either anchored to the bottom or (i.e., marine mammals may become gear and returned to the water as soon drifting) during controlled experiments habituated to the sounds made by the as possible with no gear or as little gear (e.g., Kraus et al., 1997; Trippel et al., pingers, resulting in increasing bycatch remaining on the animal as possible. 1999; Gearin et al., 2000). Using rates over time; Dawson, 1994; Cox et Animals are released without removing commercial fisheries data rather than a al., 2001; Carlstro¨m et al., 2009) and the them from the water if possible, and controlled experiment, Palka et al. ‘‘dinner bell effect’’ (Dawson, 1994; data collection is conducted in such a (2008) reported that harbor porpoise Richardson et al., 1995), which implies manner as not to delay release of the bycatch rates in the northeast U.S gillnet that certain predatory marine mammal animal(s) or endanger the crew. SEFSC fishery when fishing without pingers species may come to associate pingers is responsible for training SEFSC and was about two to three times higher with a food source (e.g., fish caught in partner researchers on how to identify compared to when pingers were used. nets) with the result that bycatch rates different species; handle and bring After conducting a controlled may be higher in nets with pingers than marine mammals aboard a vessel; assess experiment in a California drift gillnet in those without. the level of consciousness; remove fishery during 1996–97, Barlow and The BDTRP, after years of directed fishing gear; and return marine Cameron (2003) reported significantly investigation, found pingers are not mammals to water. Human safety is lower bycatch rates when pingers were effective at deterring bottlenose always the paramount concern. used for all cetacean species combined, dolphins from depredating on fish At least two persons aboard SEFSC all pinniped species combined, and captured by trawls and gillnets. During ships and one person aboard smaller specifically for short-beaked common research driven by the BDTRT efforts to vessels, including vessels operated by dolphins (85 percent reduction) and better understand the effectiveness of partners where no SEFSC staff are California sea lions (69 percent pingers on bottlenose dolphins, one present, will be trained in marine reduction). While not a statistically became entangled and drowned in a net mammal handling, release, and significant result, catches of Pacific outfitted with a pinger. Dolphins can disentanglement procedures. If a marine white-sided dolphins (which are become attracted to the sound of the mammal is entangled or hooked in historically one of the most frequently pinger because they learn it signals the fishery research gear and discovered alive, the SEFSC or affiliate will follow captured species in SEFSC surveys; see presence of fish (i.e., the ‘‘dinner bell safe handling procedures. To facilitate Table 4) were reduced by seventy effect’’), raising concerns about potential this training, SEFSC would be required percent. Carretta et al. (2008) increased entanglement risks (Cox et al., to ensure relevant researchers attend the subsequently examined nine years of 2003; Read et al., 2004 and 2006; and NMFS Highly Migratory Species/ observer data from the same drift gillnet Read and Waples 2010). Due to the lack Protected Species Safe Handling, fishery and found that pinger use had of evidence that pingers are effective at Release, and Identification Workshop eliminated beaked whale bycatch. deterring bottlenose dolphins coupled with the potential dinner-bell effect, the www.nmfs.noaa.gov/sfa/hms/ Carretta and Barlow (2011) assessed the BDTRP does not recommend them for compliance/workshops/protected_ long-term effectiveness of pingers in use in SEFSC for bottlenose dolphins. species_workshop/index.html or other reducing marine mammal bycatch in the The effectiveness of acoustic and similar training. The SEFSC shall California drift gillnet fishery by visual deterrents for species provide SEFSC scientists and partner evaluating fishery data from 1990–2009 encountered in the ARA, GOMRA, and institutions with the Protected Species (with pingers in use beginning in 1996), CRA is uncertain. Therefore, the SEFSC Safe Handling and Release Manual (see finding that bycatch rates of cetaceans will not be required to outfit gear with Appendix D is SEFSC’s application) and were reduced nearly fifty percent in sets deterrent devices but is encouraged to advise researchers to follow this using a sufficient number of pingers. undertake investigations on the efficacy manual, in addition to lessons learned However, in a behavioral response study of these measures where unknown (i.e., during training, should a marine investigating bottlenose dolphin not for surveys in which bottlenose mammal become entangled during a behavior around gillnets outfitted with dolphins are primary bycatch) in order survey. For those scientists conducting acoustic alarms in North Carolina, there to minimize potential for take. longline surveys, the SEFSC shall was no significant difference is number Disentanglement Handling provide training on the Pelagic Longline of dolphins or closest approach between Procedures—The SEFSC will implement Take Reduction Team Marine Mammal nets with alarms and nets without a number of handling protocols to Handling and Release Guidelines. alarms (Cox et al., 2003). Studies of minimize potential harm to marine Based on our evaluation of the acoustic deterrents in a trawl fishery in mammals that are incidentally taken applicant’s proposed measures, as well Australia concluded that pingers are not during the course of fisheries research as other measures considered by NMFS, likely to be effective in deterring activities. In general, protocols have NMFS has preliminarily determined bottlenose dolphins, as they are already already been prepared for use on that the proposed mitigation measures aware of the gear due to the noisy nature commercial fishing vessels. Although provide the means of effecting the least of the fishery (Stephenson and Wells commercial fisheries are known to take practicable impact on the affected 2008, Allen et al. 2014). Acoustic a larger number of marine mammals species or stocks and their habitat, deterrents were also ineffective in than fisheries research, the nature of paying particular attention to rookeries, reducing bycatch of common dolphins entanglements are similar. Therefore, mating grounds, and areas of similar in the U.K. bass pair trawl fishery the SEFSC would adopt commercial significance. (Mackay and Northridge 2006). fishery disentanglement protocols, Based on our evaluation of the The use and effectiveness of acoustic which are expected to increase post- SEFSC’s proposed measures, as well as deterrent devices in fisheries in which release survival. Handling or other measures considered by NMFS,

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NMFS has preliminarily determined dolphins and sea turtles before any nets noise); (2) affected species (e.g., life that the proposed mitigation measures are retrieved. If these animals are history, dive patterns); (3) co-occurrence provide the means effecting the least observed they will be released of marine mammal species with the practicable impact on the affected immediately. At least one TPWD action; or (4) biological or behavioral species or stocks and their habitat, research aboard gillnetting survey context of exposure (e.g., age, calving or paying particular attention to rookeries, vessels will be trained in NMFS- feeding areas). mating grounds, and areas of similar approved Marine Mammal Handling • Individual marine mammal significance. Procedures. responses (behavioral or physiological) The TPWD would remove fishing to acoustic stressors (acute, chronic, or TPWD Mitigation for Marine Mammals grids from their sampling areas where cumulative), other stressors, or and Their Habitat dolphins have been taken on more than cumulative impacts from multiple The TPWD would undertake a one occasion or where multiple adjacent stressors; number of measures to minimize risk of grids have had at least one dolphin • How anticipated responses to entangling bottlenose dolphins. Only encounter. To date, grids which meet stressors impact either: (1) Long-term new or fully repaired gill nets will be one or both of these criteria are (1) fitness and survival of individual used thereby eliminating holes. Gill nets Aransas Bay, just south of Allyn’s Bight marine mammals; or (2) populations, will be set with minimal slack and a (grid #’s 280, 290, 291, 301, see Fig.3 in species, or stocks; very short marker buoy attached to the TPWD’s application), (2) Corpus Christi • Effects on marine mammal habitat deep end of the net. This reduction in Bay, south of Ingleside shoreline (CC (e.g., marine mammal prey species, slack and float buoy length is designed grid #132, see Fig. 4 in TPWD’s acoustic habitat, or other important to reduce possible entanglement. The application), and (3) Lower Laguna physical components of marine TPWD would also modify the nets to Madre, in Redfish Bay (LLM grid #47, mammal habitat); and • greatly reduce or eliminate any gaps see Fig 5 in TPWD’s application). Mitigation and monitoring between the float/lead line and the net. Based on our evaluation of the effectiveness. As currently configured, nets are tied to TPWD’s proposed measures, as well as SEFSC Proposed Monitoring and the lines every eight in. creating a gap other measures considered by NMFS, Reporting between the net and line of NMFS has preliminarily determined approximately six to eight in. depending that the proposed mitigation measures The SEFSC plans to make more on the mesh size. TPWD field crews provide the means effecting the least systematic its training, operations, data report that entanglement has typically practicable impact on the affected collection, animal handling and occurred in the float or lead lines in or species or stocks and their habitat, sampling protocols, etc. in order to near the gap in question. TPWD would paying particular attention to rookeries, improve its ability to understand how tie the net to the lines at no more than mating grounds, and areas of similar mitigation measures influence 4 in. intervals, reducing the gap size to significance. interaction rates and ensure its research less than four in. should help prevent operations are conducted in an getting a tail, pectoral, or fluke fin Proposed Monitoring and Reporting informed manner and consistent with getting caught in these gaps. In order to issue an incidental take lessons learned from those with Prior to setting nets, dedicated marine authorization for an activity, section experience operating these gears in mammal observations will be conducted 101(a)(5)(A) of the MMPA states that close proximity to marine mammals. We by at least one researcher trained in NMFS must set forth ‘‘requirements propose the monitoring requirements marine mammal detection techniques. If pertaining to the monitoring and described below. dolphins are observed around or on a reporting of such taking.’’ The MMPA Marine mammal watches are a path toward the sampling site, TPWD implementing regulations at 50 CFR standard part of conducting fisheries would delay setting the net until the 216.104 (a)(13) require that requests for research activities and are implemented animal has moved and is on a path away incidental take authorizations must as described previously in ‘‘Proposed from the site. If an animal is observed include the suggested means of Mitigation.’’ Dedicated marine mammal around and on a path toward the accomplishing the necessary monitoring observations occur as described (1) for sampling area while setting the net, the and reporting that will result in some period prior to deployment of net will be hauled back aboard until the increased knowledge of the species and most research gear; (2) throughout animal has moved on. If animals remain of the level of taking or impacts on deployment and active fishing of all in the area, TPWD will move on to populations of marine mammals that are research gears; (3) for some period prior another site not in the animal’s path expected to be present in the proposed to retrieval of gear; and (4) throughout without setting the net. When a net is action area. retrieval of research gear. Observers set, TPWD would minimize soak time Monitoring and reporting should record the species and estimated by utilizing the ‘‘last out/first in’’ requirements prescribed by NMFS number of animals present and their strategy for gill nets set in sites where should contribute to improved behaviors, which may be valuable marine mammals have been understanding of one or more of the information towards an understanding encountered within the last 5 years. A following: of whether certain species may be net set in this manner will be deployed • Occurrence of marine mammal attracted to vessels or certain survey last and retrieved first, reducing soak species or stocks in the action area (e.g., gears. Separately, on white boats, times by an average of 1.35 hours but a presence, abundance, distribution, marine mammal watches are conducted maximum of 6.6 hours. density); by watch-standers (those navigating the TPWD researchers will immediately • Nature, scope, or context of likely vessel and other crew; these will respond to net disturbances when marine mammal exposure to potential typically not be SEFSC personnel) at all setting and retrieving nets to determine stressors/impacts (individual or times when the vessel is being operated. if a dolphin is entangled and, if so, will cumulative, acute or chronic), through The primary focus for this type of watch release the dolphin immediately. All better understanding of: (1) Action or is to avoid striking marine mammals nets set the night before will be environment (e.g., source and to generally avoid navigational inspected for the presence of bottlenose characterization, propagation, ambient hazards. These watch-standers typically

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have other duties associated with practicable to simplify what are ‘‘Protected Species Handling Procedures navigation and other vessel operations inherently variable and complex for SEFSC Fisheries Research Vessels.’’ and are not required to record or report situational decisions into rules that may SEFSC Reporting to the scientific party data on marine be defined on paper. However, it is our mammal sightings, except when gear is intent that use of best professional As is normally the case, SEFSC will being deployed or retrieved. judgment be an iterative process from coordinate with the relevant stranding coordinators for any unusual marine Training year to year, in which any at-sea decision-maker (i.e., responsible for mammal behavior and any stranding, The SEFSC anticipates that additional decisions regarding the avoidance of beached live/dead, or floating marine information on practices to avoid marine mammal interactions with mammals that are encountered during marine mammal interactions can be survey gear through the application of field research activities. The SEFSC will gleaned from training sessions and more best professional judgment) learns from follow a phased approach with regard to systematic data collection standards. the prior experience of all relevant the cessation of its activities and/or The SEFSC will conduct annual SEFSC personnel (rather than from reporting of such events, as described in trainings for all chief scientists and solely their own experience). The the proposed regulatory text following other personnel who may be responsible outcome should be increased this preamble. In addition, Chief for conducting dedicated marine transparency in decision-making Scientists (or cruise leader, CS) will mammal visual observations to explain processes where best professional provide reports to SEFSC leadership mitigation measures and monitoring and judgment is appropriate and, to the and to the Office of Protected Resources reporting requirements, mitigation and extent possible, some degree of (OPR). As a result, when marine monitoring protocols, marine mammal standardization across common mammals interact with survey gear, identification, recording of count and situations, with an ultimate goal of whether killed or released alive, a report disturbance observations (relevant to reducing marine mammal interactions. provided by the CS will fully describe AMLR surveys), completion of It is the responsibility of the SEFSC to any observations of the animals, the datasheets, and use of equipment. Some facilitate such exchange. context (vessel and conditions), of these topics may be familiar to SEFSC decisions made and rationale for staff, who may be professional Handling Procedures and Data decisions made in vessel and gear biologists, The SEFSC shall determine Collection handling. The circumstances of these the agenda for these trainings and Improved standardization of handling events are critical in enabling the SEFSC ensure that all relevant staff have procedures were discussed previously and OPR to better evaluate the necessary familiarity with these topics. in ‘‘Proposed Mitigation.’’ In addition to conditions under which takes are most The first such training will include the benefits implementing these likely occur. We believe in the long term three primary elements: protocols are believed to have on this will allow the avoidance of these First, the course will provide an types of events in the future. overview of the purpose and need for animals through increased post-release survival, SEFSC believes adopting these The SEFSC will submit annual the authorization, including mandatory summary reports to OPR including: mitigation measures by gear and the protocols for data collection will also purpose for each, and species that the increase the information on which (1) Annual line-kilometers surveyed during SEFSC is authorized to incidentally ‘‘serious injury’’ determinations (NMFS, which the EK60, ME70, SX90 (or equivalent 2012a, b) are based and improve sources) were predominant (see ‘‘Estimated take. Take by Acoustic Harassment’’ for further Second, the training will provide scientific knowledge about marine mammals that interact with fisheries discussion), specific to each region; detailed descriptions of reporting, data (2) Summary information regarding use of collection, and sampling protocols. This research gears and the factors that all trawl, net, and hook and line gear, portion of the training will include contribute to these interactions. SEFSC including number of sets, tows, hook hours, instruction on how to complete new personnel will be provided standard etc., specific to each research area and gear; data collection forms such as the marine guidance and training regarding (3) Accounts of all incidents of marine mammal watch log, the incidental take handling of marine mammals, including mammal interactions, including how to identify different species, bring circumstances of the event and descriptions form (e.g., specific gear configuration of any mitigation procedures implemented or and details relevant to an interaction an individual aboard a vessel, assess the level of consciousness, remove fishing not implemented and why; with protected species), and forms used (4) Summary information related to any for species identification and biological gear, return an individual to water and disturbance of marine mammals and distance sampling. The biological data collection log activities pertaining to the of closest approach; and sampling training module will interaction. (5) A written description of any mitigation include the same sampling and The SEFSC will record interaction research investigation efforts and findings necropsy training that is used for the information on either existing data (e.g., lazy line modifications); Southeast Regional Observer training. forms created by other NMFS programs (6) A written evaluation of the or will develop their own standardized effectiveness of SEFSC mitigation strategies The SEFSC will also dedicate a in reducing the number of marine mammal portion of training to discussion of best forms. To aid in serious injury interactions with survey gear, including best professional judgment (which is determinations and comply with the professional judgment and suggestions for recognized as an integral component of current NMFS Serious Injury changes to the mitigation strategies, if any; mitigation implementation; see Guidelines, researchers will also answer and ‘‘Proposed Mitigation’’), including use a series of supplemental questions on (7) Details on marine mammal-related in any incidents of marine mammal the details of marine mammal training taken by SEFSC and partner interaction and instructive examples interactions. scientists. where use of best professional judgment Finally, for any marine mammals that The period of reporting will be was determined to be successful or are killed during fisheries research annually, beginning one year post- unsuccessful. We recognize that many activities, when practicable, scientists issuance of any LOA, and the report factors come into play regarding will collect data and samples pursuant must be submitted not less than ninety decision-making at sea and that it is not to Appendix D of the SEFSC DEA, days following the end of a given year.

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Submission of this information is in consistently for 15 minutes or are not re- • A summary of all relevant marine service of an adaptive management sighted within 15 minutes. mammal training. framework allowing NMFS to make TPWD currently reports marine Negligible Impact Analyses and mammal entanglements to NMFS appropriate modifications to mitigation Determinations and/or monitoring strategies, as Southeast Regional Office (SERO). necessary, during the proposed five-year However, reporting is not standardized Introduction—NMFS has defined period of validity for these regulations. and, in the past, has led to questions negligible impact as an impact resulting Should an incidental take occur, the regarding the circumstances of the take from the specified activity that cannot SEFSC, or affiliated partner involved in and disposition of the animal. The be reasonably expected to, and is not the taking, shall follow the NMFS Final proposed regulations would standardize reasonably likely to, adversely affect the Take Reporting and Response a comprehensive reporting scheme and species or stock through effects on Procedures, dated January 15, 2016. require TPWD to report all incidents of annual rates of recruitment or survival NMFS has established a formal marine mammal interaction to OPR and (50 CFR 216.103). A negligible impact incidental take reporting system, the NMFS SERO within 48 hours of finding is based on the lack of likely PSIT database, requiring that incidental occurrence. Also within 48 hours, adverse effects on annual rates of takes of protected species be reported TPWD shall log the incident in NMFS’ recruitment or survival (i.e., population- within 48 hours of the occurrence. The Protected Species Incidental Take level effects). An estimate of the number PSIT generates automated messages to (PSIT) database and provide any of takes alone is not enough information on which to base an impact NMFS leadership and other relevant supplemental information to OPR and determination. In addition to staff, alerting them to the event and to SERO upon request. Information related considering estimates of the number of the fact that updated information to marine mammal interaction (animal marine mammals that might be ‘‘taken’’ describing the circumstances of the captured or entangled in research gear) by mortality, serious injury, and Level A event has been inputted to the database. must include the following: • or Level B harassment, we consider The PSIT and CS reports represent not Time, date, and location (latitude/ other factors, such as the likely nature only valuable real-time reporting and longitude) of the incident; • of any behavioral responses (e.g., information dissemination tools but also Monitoring conducted prior to and intensity, duration), the context of any serve as an archive of information that occurring at the time of incident; • such responses (e.g., critical may be mined in the future to study Environmental conditions (e.g., wind speed and direction, Beaufort sea reproductive time or location, why takes occur by species, gear, region, migration), as well as effects on habitat, etc. state, cloud cover, visibility); • Description of the animal(s) and the likely effectiveness of The SEFSC will also collect and involved (e.g., size, age class); mitigation. We also assess the number, report all necessary data, to the extent • Water depth and net location where intensity, and context of estimated takes practicable given the primacy of human entangled; by evaluating this information relative safety and the well-being of captured or • Nature of the entanglement (i.e., to population status. Consistent with the entangled marine mammals, to facilitate part of animal entangled, where in net 1989 preamble for NMFS’s serious injury (SI) determinations for entangled) implementing regulations (54 FR 40338; marine mammals that are released alive. • Fate of the animal(s); September 29, 1989), the impacts from The SEFSC will require that the CS • Detailed description of events, other past and ongoing anthropogenic complete data forms and address including how animals was activities are incorporated into this supplemental questions, both of which disentangled and behavior upon release, analysis via their impacts on the have been developed to aid in SI including signs of injury (if alive); environmental baseline (e.g., as determinations. The SEFSC understands • Photographs or video footage of the reflected in the regulatory status of the the critical need to provide as much animal(s). species, population size and growth rate relevant information as possible about TPWD would also be required to where known, ongoing sources of marine mammal interactions to inform submit an annual report to OPR not later human-caused mortality, and specific decisions regarding SI determinations. than ninety days following the end of consideration of take by M/SI In addition, the SEFSC will perform all the fall sampling season. TPWD would previously authorized for other NMFS necessary reporting to ensure that any provide a final report within thirty days research activities). incidental M/SI is incorporated as following resolution of comments on the We note here that the takes from appropriate into relevant SARs. draft report. These reports shall contain, potential gear interactions enumerated at minimum, the following: below could result in non-serious TPWD Proposed Monitoring and • Reporting Locations and time/date of all net injury, but their worse potential sets; outcome (mortality) is analyzed for the Issuance of the proposed regulations • all instances of marine mammal purposes of the negligible impact would require TPWD to monitor for observations and descriptions of any determination. marine mammals starting 0.5 miles (800 mitigation procedures implemented or We discuss here the connection, and meters) from sampling site and for 15 not implemented and why; differences, between the legal minutes at sampling site prior to setting • all incidents of marine mammal mechanisms for authorizing incidental the net. Should a marine mammal be interactions, including all information take under section 101(a)(5) for observed within 0.5 miles (800 meters) required in § 219.86(b); activities such as SEFSC’s research of the site and is on a path toward the • A written evaluation of the activities, and for authorizing incidental site, the net would not be deployed. effectiveness of TPWD mitigation take from commercial fisheries. In 1988, Should a marine mammal be observed strategies in reducing the number of Congress amended the MMPA’s during the 15-minute observation period marine mammal interactions with provisions for addressing incidental at the site, the net would not be survey gear, including gear take of marine mammals in commercial deployed. The net may only be modifications and best professional fishing operations. Congress directed deployed if marine mammals are judgment and suggestions for changes to NMFS to develop and recommend a observed on a path away from the site the mitigation strategies, if any; new long-term regime to govern such

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incidental taking (see MMC, 1994). The Congress called for PBR to be applied Endangered Species Act) to add need to develop a system suited to the within the management framework for compliance with the new section 118 unique circumstances of commercial commercial fishing incidental take but kept the requirement for a negligible fishing operations led NMFS to suggest under section 118 of the MMPA. As a impact finding. Congress thus a new conceptual means and associated result, PBR cannot be applied understood that the determination of regulatory framework. That concept, appropriately outside of the section 118 negligible impact and application of Potential Biological Removal (PBR), and regulatory framework without PBR may share certain features but are, a system for developing plans consideration of how it applies within in fact, different. containing regulatory and voluntary section 118 framework, as well as how Since the introduction of PBR, NMFS measures to reduce incidental take for other statutory management frameworks has used the concept almost entirely fisheries that exceed PBR were in the MMPA differ from the framework within the context of implementing incorporated as sections 117 and 118 in in section 118. PBR was not designed sections 117 and 118 and other the 1994 amendments to the MMPA. and is not used as an absolute threshold commercial fisheries management- PBR is defined in Section 3 of the limiting commercial fisheries. Rather, it related provisions of the MMPA. MMPA as the maximum number of serves as a means to evaluate the Although there are a few examples animals, not including natural relative impacts of those activities on where PBR has informed agency mortalities, that may be removed from a marine mammal stocks. Even where deliberations under other sections of the marine mammal stock while allowing commercial fishing is causing M/SI at MMPA, where PBR has been raised, it that stock to reach or maintain its levels that exceed PBR, the fishery is not has been a consideration and not optimum sustainable population (OSP) suspended. When M/SI exceeds PBR in dispositive to the issue at hand. Further, and, although not controlling, can be the commercial fishing context under the agency’s thoughts regarding the one measure considered among other section 118, NMFS may develop a take potential role of PBR in relation to other factors when evaluating the effects of M/ reduction plan, usually with the programs of the MMPA have evolved SI on a marine mammal species or stock assistance of a take reduction team. The since the agency’s earlier applications to during the section 101(a)(5)(A) process. take reduction plan will include section 101(a)(5) decisions. The MMPA OSP is defined in section 3 of the measures to reduce and/or minimize the requires that PBR be estimated in stock MMPA as the number of animals which taking of marine mammals by assessment reports and that it be used will result in the maximum productivity commercial fisheries to a level below in applications related to the of the population or the species, keeping the stock’s PBR. That is, where the total management of take incidental to in mind the carrying capacity of the annual human-caused M/SI exceeds commercial fisheries (i.e., the take habitat and the health of the ecosystem PBR, NMFS is not required to halt reduction planning process described in of which they form a constituent fishing activities contributing to total M/ section 118 of the MMPA and the element. A primary goal of the MMPA SI but rather utilizes the take reduction determination of whether a stock is is to ensure that each species or stock process to further mitigate the effects of ‘‘strategic’’ (16 U.S.C. 1362(19))), but of marine mammal is maintained at or fishery activities via additional bycatch nothing in the MMPA requires the returned to its OSP. reduction measures. In other words, application of PBR outside the PBR values are calculated by NMFS as under section 118 of the MMPA, PBR management of commercial fisheries the level of annual removal from a stock does not serve as a strict cap on the interactions with marine mammals. that will allow that stock to equilibrate Nonetheless, NMFS recognizes that as operation of commercial fisheries that within OSP at least 95 percent of the a quantitative metric, PBR may be useful may incidentally take marine mammals. time, and is the product of factors in certain instances as a consideration relating to the minimum population Similarly, to the extent PBR may be when evaluating the impacts of other estimate of the stock (Nmin); the relevant when considering the impacts human-caused activities on marine productivity rate of the stock at a small of incidental take from activities other mammal stocks. Outside the commercial population size; and a recovery factor. than commercial fisheries, using it as fishing context, and in consideration of Determination of appropriate values for the sole reason to deny (or issue) all known human-caused mortality, PBR these three elements incorporates incidental take authorization for those can help inform the potential effects of significant precaution, such that activities would be inconsistent with M/SI caused by activities authorized application of the parameter to the Congress’s intent under section under 101(a)(5)(A) on marine mammal management of marine mammal stocks 101(a)(5) and the use of PBR under stocks. As noted by NMFS and the may be reasonably certain to achieve the section 118. The standard for USFWS in our implementation goals of the MMPA. For example, authorizing incidental take under regulations for the 1986 amendments to calculation of the minimum population section 101(a)(5) continues to be, among the MMPA (54 FR 40341, September 29, estimate (Nmin) incorporates the other things, whether the total taking 1989), the Services consider many precision and variability associated with will have a negligible impact on the factors, when available, in making a abundance information, while also species or stock. When Congress negligible impact determination, providing (typically the 20th percentile amended the MMPA in 1994 to add including, but not limited to, the status of a log-normal distribution of the section 118 for commercial fishing, it of the species or stock relative to OSP population estimate) reasonable did not alter the standards for (if known); whether the recruitment rate assurance that the stock size is equal to authorizing non-commercial fishing for the species or stock is increasing, or greater than the estimate (Barlow et incidental take under section 101(a)(5), decreasing, stable, or unknown; the size al., 1995). In general, the three factors implicitly acknowledging that the and distribution of the population; and are developed on a stock-specific basis negligible impact under section existing impacts and environmental in consideration of one another in order 101(a)(5) is a separate from the PBR conditions. In this multi-factor analysis, to produce conservative PBR values that metric under section 118. In fact, in PBR can be a useful indicator for when, appropriately account for both 1994, Congress also amended section and to what extent, the agency should imprecision that may be estimated as 101(a)(5)(E) (a separate provision take an especially close look at the well as potential bias stemming from governing commercial fishing incidental circumstances associated with the lack of knowledge (Wade, 1998). take for species listed under the potential mortality, along with any other

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factors that could influence annual rates clearly will not be exceeded on that OSP 95 percent of the time). Separately, of recruitment or survival. basis alone. and without reference to PBR, NMFS’ When considering PBR during Where the anticipated M/SI is near, long-standing MMPA implementing evaluation of effects of M/SI under at, or above residual PBR, consideration regulations state that take will have a section 101(a)(5)(A), we first calculate a of other factors (positive or negative), negligible impact when it does not metric for each species or stock that including those outlined above, as well adversely affect the species or stock incorporates information regarding as mitigation are especially important to through effects on annual rates of ongoing anthropogenic M/SI into the assessing whether the M/SI will have a recruitment or survival. OSP (to which PBR value (i.e., PBR minus the total negligible impact on the species or PBR is linked) is defined in the statute annual anthropogenic mortality/serious stock. PBR is a conservative metric and as a population which falls within a injury estimate), which is called not sufficiently precise to serve as an range from the population level that is ‘‘residual PBR’’ (Wood et al., 2012). We absolute predictor of population effects the largest supportable within the focus our analysis on residual PBR upon which mortality caps would ecosystem to the population level that because it incorporates anthropogenic appropriately be based. For example, in results in maximum net productivity. mortality occurring from other sources. some cases stock abundance (which is OSP is an aspirational goal of the overall We then consider how the anticipated one of three key inputs into the PBR statute and PBR is designed to ensure potential incidental M/SI from the calculation) is underestimated because minimal deviation from this overarching activities being evaluated compares to marine mammal survey data within the goal. The ‘‘negligible impact’’ residual PBR utilizing the following U.S. EEZ are used to calculate the determination and finding protects framework. abundance even when the stock range against ‘‘adverse impacts on the affected extends well beyond the U.S. EEZ. An Where a specified activity could cause species and stocks’’ when evaluating underestimate of abundance could (and NMFS is contemplating specific activities. result in an underestimate of PBR. For all these reasons, even where M/ authorizing) incidental M/SI that is less Alternatively, we sometimes may not SI exceeds residual PBR, it is still than 10 percent of residual PBR (the have complete M/SI data beyond the possible for the take to have a negligible ‘‘insignificance threshold, see below), U.S. EEZ to compare to PBR, which impact on the species or stock. While we consider M/SI from the specified could result in an overestimate of ‘‘allowing a stock to reach or maintain activities to represent an insignificant residual PBR. M/SI that exceeds PBR OSP’’ would ensure that NMFS incremental increase in ongoing may still potentially be found to be approached the negligible impact anthropogenic M/SI for the marine negligible in light of other factors that standard in a conservative and mammal stock in question that alone offset concern, especially when robust precautionary manner so that there were (i.e., in the absence of any other take) mitigation and adaptive management not ‘‘adverse effects on affected species will not adversely affect annual rates of provisions are included. or stocks,’’ it is equally clear that in recruitment and survival. As such, this This action is similar to the Navy’s some cases the time to reach this amount of M/SI would not be expected authorization under the MMPA litigated aspirational OSP could be slowed by to affect rates of recruitment or survival in Conservation Council for Hawaii v. more than 10 percent (i.e., total human- in a manner resulting in more than a National Marine Fisheries Service, 97 F. caused mortality in excess of PBR could negligible impact on the affected stock Supp.3d 1210, 1225 (D. Haw. 2015) be allowed) without adversely affecting unless there are other factors that could because both authorize mortalities of a species or stock. Another difference affect reproduction or survival, such as marine mammals. Conservation Council between the two standards is the Level A and/or Level B harassment, or for Hawaii v. National Marine Fisheries temporal scales upon which the terms considerations such as information that Service concerned a challenge to NMFS’ focus. That is, OSP contemplates the illustrates the uncertainty involved in issuance of letters of authorization to incremental, 10 percent reduction in the the calculation of PBR for some stocks. the Navy for activities in an area of the rate to approach a goal that is tens or In a prior incidental take rulemaking, Pacific Ocean known as the HSTT Study hundreds of years away. The negligible this threshold was identified as the Area, and the Court reached a different impact analysis, on the other hand, ‘‘significance threshold,’’ but it is more conclusion regarding the relationship necessitates an evaluation of annual accurately labeled an insignificance between PBR and negligible impact, rates of recruitment or survival to threshold, and so we use that stating, ‘‘[b]ecause any mortality level support the decision of whether to issue terminology here. Assuming that any that exceeds PBR will not allow the five-year regulations. additional incidental take by Level A or stock to reach or maintain its OSP, such Accordingly, while PBR is useful for Level B harassment from the activities a mortality level could not be said to evaluating the effects of M/SI in section in question would not combine with the have only a ‘negligible impact’ on the 101(a)(5)(A) determinations, it is just effects of the authorized M/SI to exceed stock.’’ As described above, the Court’s one consideration to be assessed in the negligible impact level, the statement fundamentally combination with other factors and anticipated M/SI caused by the misunderstands the two terms and should not be considered determinative. activities being evaluated would have a incorrectly indicates that these concepts The accuracy and certainty around the negligible impact on the species or (PBR and ‘‘negligible impact’’) are data that feed any PBR calculation (e.g., stock. However, M/SI above the 10 directly connected, when in fact the abundance estimates) must be percent insignificance threshold does nowhere in the MMPA is it indicated carefully considered. This approach of not indicate that the M/SI associated that these two terms are equivalent. using PBR as a trigger for concern while with the specified activities is Specifically, PBR was designed as a also considering other relevant factors approaching a level that would tool for evaluating mortality and is provides a reasonable and appropriate necessarily exceed negligible impact. defined as the number of animals that means of evaluating the effects of Rather, the 10 percent insignificance can be removed while allowing the potential mortality on rates of threshold is meant only to identify stock to reach or maintain OSP, with the recruitment and survival, while instances where additional analysis of formula for PBR designed to ensure that demonstrating that it is possible to the anticipated M/SI is not required growth towards OSP is not reduced by exceed PBR by some small amount and because the negligible impact standard more than 10 percent (or equilibrate to still make a negligible impact

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determination under section SI (e.g., MMPA 101(a)(5)(A or D) take such as commercial fishery or 101(a)(5)(A). applications and scientific research research). That is, if we relied solely on Our evaluation of the M/SI for each of permit applications). In addition, we the SAR annual M/SI values reported in the species and stocks for which looked at ongoing management actions the SARs and added the proposed M/SI mortality could occur follows. In (e.g., TRT gear restrictions) to identify take to these numbers, we would be addition, all mortality authorized for where efforts are being focused and are double-counting M/SI as some takes some of the same species or stocks over successful at reducing incidental take. were attributed to the research for the next several years pursuant to our Estuarine and Coastal Bottlenose which we are proposing to authorize final rulemakings for NEFSC has been Dolphins take. Therefore, where M/SI takes were incorporated into the residual PBR. contributed to SEFSC research, we have We first consider maximum potential For estuarine bottlenose dolphin adjusted annual M/SI values from Table incidental M/SI for each stock (Table 14 stocks, reaching our preliminary 3b above so as not to ‘‘double count’’ and 15) in consideration of NMFS’s negligible impact determination potential take. Table 14 reflects these threshold for identifying insignificant required a hard examination of the adjustments. M/SI take (10 percent of residual PBR status of each of the 7 ARA and 11 GOMRA stocks for which we propose to In the ARA, all estuarine and coastal (69 FR 43338; July 20, 2004)). By stocks for which we are proposing to considering the maximum potential authorize take. We recognize that PBR is technically undetermined for many authorize take are below the incidental M/SI in relation to residual insignificance threshold (10 percent PBR and ongoing sources of stocks because abundance data is more than eight years old. Therefore, we r-PBR) except for the Northern South anthropogenic mortality, we begin our Carolina Estuarine, Northern Georgia/ evaluation of whether the potential consulted with marine mammal experts at the SEFSC to derive best estimates of Southern South Carolina Estuarine, incremental addition of M/SI through Central Georgia Estuarine, and Southern SEFSC research activities may affect the PBR based on the available data. Overall, PBR is low (less than one Georgia Estuarine stocks (Table 14). The species’ or stock’s annual rates of latter two stocks are only slightly above recruitment or survival. We also animal) because stock sizes are generally small (tens to hundreds) in the insignificance threshold (11.76 and consider the interaction of those 10.35 percent, respectively). The mortalities with incidental taking of that southeast estuaries (with notable exceptions such as Mississippi Sound). proposed take for the Northern Georgia/ species or stock by harassment pursuant Southern South Carolina stock to the specified activity. Stock sizes are expected to be small because the abundance of a dolphin constitutes 28.57 percent of r-PBR. Negligible Impact Analysis and stock in an estuary is bounded by the Sources of anthropogenic mortality for Determinations for the SEFSC capabilities of the bays and estuarine this stock include hook and line and We methodically examined each stock systems to support that stock (i.e., crab pot/trap fisheries. The proposed M/ above the insignificance threshold to carrying capacity of the system) due to SI take (0.2/year) of the Northern South determine if the amount and degree of the residential nature of these stocks, Carolina stock is 50 percent of PBR. proposed taking would have effects to among other things. With respect to However, considering an average of one annual rates of recruitment or survival rates of annual M/SI, we note some animal every 5 years is taken in (i.e., have a negligible impact on the fisheries in the GoM (e.g., shrimp commercial fisheries (likely gillnet or population). These rates are inherently fishery) do not have full observer crab pot/trap), the proposed take and difficult to quantify for marine coverage. Estimates of take from these annual M/SI constitute 100 percent of mammals because adults of long-lived, fisheries are both extrapolated and r-PBR. The Northern South Carolina birth-pulse populations (e.g., many aggregated to the state level, making Estuarine System stock is delimited as cetaceans, polar bears and walrus) may total M/SI rates from commercial dolphins inhabiting estuarine waters not breed every year because of parental fisheries applicable to any given stock from Murrells Inlet, South Carolina, care, long gestation periods or rather than all stocks within a state not southwest to Price Inlet, South Carolina, nutritional constraints (Taylor et al., possible. the northern boundary of Charleston 1987). Therefore, we pursued a We approached the issue of outdated Estuarine System stock. The region has combination of quantitative and abundance information by working little residential, commercial, and qualitative analyses to inform our closely with SEFSC experts and have industrial development and contains the determinations. developed estimated abundance data Cape Romain National Wildlife Refuge. First we compiled data to assess the and PBR values. The resulting values As such, the stock is not facing heavy baseline population status of each stock follow the general trend of small stock anthropogenic pressure, and there are for which the SEFSC is requesting take. sizes and are very conservative in some no identified continuous indirect These data were pulled from the most cases. For example, recent abundance stressors threatening the stock. recent SARs (Hayes et al., 2017) and, surveys in Barataria Bay and Terrebonne Of the nine estuarine stocks in the where information was unknown or Bay revealed stock numbers were in the GOMRA for which we are proposing to undetermined in the SARs, we thousands compared to the previously authorize take by M/SI, three are below consulted marine mammal experts at estimated populations of approximately the insignificance threshold (10% r- the SEFSC and on TRTs to fill data gaps 200–300 animals (Hayes et al., 2018). In PBR): Terrebonne Bay/Timbalier Bay; to the best of our ability based on the addition, three stocks, including the St. Vincent Sound/Apalachicola Bay/St. best available science. Data pulled from Perdido Bay stock have population George Sound, and Apalachee Bay. The these sources include population size estimates showing zero. However, it is three coastal stocks are also below the and demographics (where known), PBR, well documented dolphins inhabit these insignificance threshold. Four stocks are known mortality and serious injury areas. We also consulted with the NMFS between 14 and 40 percent r-PBR. The from commercial and recreational Southeast Regional Office (SERO) Mississippi Sound stock is already fishing and other human-caused sources bottlenose dolphin conservation above PBR in absence of the proposed (e.g., direct shootings), stock trends (i.e., coordinator to better understand the authorization, while authorizing take in declining, stable, or increasing), threats, nature of the takes identified in the Mobile Bay would put the stock above and other sources of potential take M/ SARs M/SI values (i.e., the source of PBR (Table 14).

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TABLE 14—SUMMARY INFORMATION OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS RELATED TO SEFSC PROPOSED M/SI TAKE IN THE ARA, GOMRA, AND CRA

Proposed NEFSC Proposed Stock M/SI authorized M/SI 2 Stock abundance take PBR Annual M/SI take by r-PBR take/r-PBR (N ) M/SI best (%) 3 (annual) (annual)

Atlantic

Northern South Carolina Estuarine Stock ...... 1 50 0.2 1 0.4 0.2 0 0.2 100.00 Charleston Estuarine System Stock ...... 1 289 0.2 1 2.8 0.2 0 2.6 7.69 Northern Georgia/Southern South Carolina Estuarine ...... 1 250 0.2 1 2.1 1.4 0 0.7 28.57 Central Georgia Estuarine ...... 192 0.2 1.9 0.2 0 1.7 11.76 Southern Georgia Estuarine ...... 194 0.2 1.9 0 0 1.9 10.53 Jacksonville Estuarine System ...... 1 412 0.2 1 3.9 1.2 0 2.7 7.41 Florida Bay ...... 1 514 0.2 1 4.5 0 0 4.5 4.44 South Carolina/Georgia Coastal ...... 1 6,027 0.6 1 46 1.0–1.4 0 44.6–45 1.35 Northern Florida Coastal ...... 1 877 0.6 1 6 0.6 0 5.4 11.11 Central Florida Coastal ...... 1 1,218 0.6 1 9.1 0.2 0 8.9 6.74 Northern Migratory Coastal ...... 6,639 0.6 48 6.1–13.2 1.6 33.2–43.5 0.4–0.6 Southern Migratory Coastal ...... 3,751 0.6 23 14.3 1.6 7.1 8.45

Gulf of Mexico

Terrebonne Bay, Timbalier Bay ...... 3,870 0.2 27 0.2 0 26.8 0.75 Mississippi River Delta ...... 332 0.2 1.4 4 0 0 1.4 14.29 Mississippi Sound, Lake Borgne, Bay Boudreau 5 ...... 3,046 .02 (M/SI), 23 310 0 ¥281 Neg. 0.2 (Level A) Mobile Bay, Bonsecour Bay ...... 122 0.2 1 0.9 5 0.8 0 0.1 Neg. St. Andrew Bay ...... 124 0.2 1 0.9 0.2 0 0.7 28.57 St. Joseph Bay ...... 152 0.2 1.41 0.4 0 1.01 19.80 St. Vincent Sound, Apalachicola Bay, St. George Sound ...... 439 0.2 1 3.91 0 0 3.91 5.12 Apalachee Bay ...... 491 0.2 1 3.61 0 0 3.61 5.54 Waccasassa Bay, Withlacoochee Bay, Crystal Bay ...... 1 100 0.2 1 0.5 0 0 0.5 40.00 Northern Gulf of Mexico Western Coastal Stock ...... 20,161 0.6 175 0.6 0 174.4 0.34 Northern Gulf of Mexico Northern Coastal Stock ...... 7,185 0.6 60 0.4 0 59.6 1.01 Northern Gulf of Mexico Eastern Coastal Stock ...... 12,388 0.6 111 1.6 0 109.4 0.55 1 For many estuarine stocks, the draft 2018 SAR has unknown abundance estimates and undetermined PBRs. Where this occurred, we used either the most recent estimates (even if more than 8 years old) or we consulted with SEFSC marine mammal experts for best judgement (pers. comm., K. Mullin). 2 r-BPR = PBR ¥ (annual M/I + NEFSC authorized take). For example, for the southern migratory coastal stock r-PBR = 23 ¥ (14.3 + 1.6). 3 Values in the column reflect what the proposed take represents as a percentage of r-PBR. The insignificance threshold is 10 percent. 4 The annual M/SI in the draft 2018 SAR is 0.2 for the Mississippi River stock; however, the takes considered were from gillnet fishery research; therefore, we reduced M/SI to 0. 5 The annual M/SI in the draft 2018 SAR is 1.0; however, one take used in those calculations is from fisheries research for which we propose to authorize take; therefore, we reduced M/SI to 0.8.

For the Mississippi Sound stock, we model to the Mississippi Sound stock, abundance estimate of 122 animals for evaluated various aspects of stock we should begin to see the population Mobile Bay is based on aerial survey status. According to this stock’s 2017 recover during the life of the proposed data collected during September SAR, the mean annual fishery-related regulations. We note the three research- through October in 1992 and 1993 with mortality and serious injury during related mortalities discussed in the 2017 16 percent of animals observed in bay 2012–2015 for observed fisheries and SAR for this stock are from the specified (Blaylock and Hoggard, 1994). Sounds strandings and at-sea observations activities for which we are now and estuaries were eliminated from the identified as fishery-caused related is proposing to authorize take. Therefore, analysis. Murky water in GoM estuaries 1.0. Additional mean annual mortality the proposed take would not be in and dark, grey animals makes it very and serious injury during 2011–2015 addition to but would account for these difficult to detect dolphins from aerial due to other human-caused actions research-related takes. surveys. Further, Mobile Bay is a large (fishery research, sea turtle relocation Our proposal to authorize one M/SI estuarine system (approximately 456 trawling, gunshot wounds, and DWH oil take from the Mobile Bay stock over 5 km2), similar in size to Barataria Bay spill) is 309 with the majority sourced years would result in the stock being where the population estimate is over from DWH. Projected annual M/SI over above r-PBR. The known takes of this 2,000 animals based on vessel-based the next five years from commercial stock includes one mortality in blue surveys. Therefore, it is reasonable to fishing and DWH are 6 and 1539, crab trap/pot gear in 2015, one mortality assume the population of dolphin in respectively. Management and research in stranding data where cause of death Mobile Bay and other places, such as actions, including ongoing health could not be determined and the animal Perdido Bay, are higher than estimated assessments and Natural Resource could have been from the Northern in old surveys using aerial observations. Damage Plan efforts designed to restore Coastal stock, and one SI interaction in Looking beyond the quantitative injury to the stock, are anticipated to 2016. As with other estuarine stocks abundance and PBR data, we also improve the status of the stock moving where abundance data is severely considered non-quantitative factors to forward. Further, marine mammal outdated, the population estimate is determine the effects of the proposed population modeling indicates Barataria small compared to other estuarine authorization on estuarine dolphin Bay dolphin should begin recovery nine stocks more recently and thoroughly stocks in the ARA and GOMRA. years post spill (NRDA Trustees, 2016; studied. This could be a result of We consider qualitative information DWH MMIQT 2015). Applying that sampling methods. For example, the such as population dynamics and

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context to determine if the proposed considered a well-studied population, bottlenose dolphin stocks are facing amount of take of estuarine and coastal the Sarasota Bay stock, as a proxy for anthropogenic stressors such as bottlenose dolphins in the ARA and assessing population dynamics of other commercial and recreational fishing, GOMRA would have a negligible impact estuarine stocks throughout the ARA coastal development, habitat on annual rates of survival and and GOMRA. The Sarasota Bay stock is degradation (e.g., oil spills, harmful reproduction. Marine mammals are the most data rich population of algal blooms), and directed violence K-selected species, meaning they have bottlenose dolphins in the United (intentional killing/injury) and have few offspring, long gestation and States. The Sarasota Bay Research some level of annual M/SI. NOAA, parental care periods, and reach sexual Program (SBRP) possesses 40 years of including the SEFSC, is dedicated to maturity later in life. Therefore, between data on the resident dolphin population. reducing fishery take, both in years, reproduction rates vary based on Research topics include, but are not commercial fisheries and research age and sex class ratios. As such, limited to, population structure and surveys. For example, the Atlantic population dynamics is a driver when dynamics, health and physiology, and BDTRT is in place to decrease M/SI in looking at reproduction rates. We focus human interaction and impacts. commercial fisheries and scientists at on reproduction here because we The Sarasota Bay stock demonstrates NOAA’s National Center for Coastal conservatively consider inter-stock high recruitment and survival rates. Ocean Science (NCCOS) in Charleston, reproduction is the primary means of Wells et al. (2014) found 83 percent (95 South Carolina, are undertaking recruitment for these stocks. We note percent CI = 0.52 to 0.99) of detected research and working with local this is a conservative assumption, as pregnancies were documented as fishermen to reduce crab pot/trap and some individuals are known to travel, resulting in live births. Eight of the 10 trawling entanglement (e.g., McFee et and there is some mixing between the calves (80 percent) resulting from al., 2006, 2007; Greenman and McFee, estuarine stocks and adjacent coastal documented pregnancies survived 2014). In addition, through this stocks (Hayes et al, 2017). Given through the calendar year of their birth rulemaking, the SEFSC has invested in reproduction is the primary means of and, therefore, were considered to have developing measures that may be recruitment and females play a been successfully recruited into the adopted by commercial fisheries to significantly larger role in their Sarasota Bay bottlenose dolphin reduce bycatch rates, thereby decreasing offspring’s reproductive success (also population. This value compares the rate of fishing-related M/SI. For known as Bateman’s Principle), the favorably with the 81 percent first year example, in 2017, the SEFSC executed mortality of females rather than males survival reported by Wells & Scott the previously described Lazy Line is, in general, more likely to influence (1990) for Sarasota Bay bottlenose Modification Mitigation Work Plan (see recruitment rate. Several studies have dolphins. Thus, approximately 66 Potential Effects section) and the SEFSC purported that male bottlenose dolphins percent of documented pregnancies led is investigating the feasibility of are more likely to engage in depredation to successful recruitment. Mann et al. applying gear modifications to select or related behaviors with trawls and (2000) found dolphin interbirth research trawl surveys. Also as a result recreational fishing (Corkeron et al., intervals for surviving calves are of this rulemaking process, the SEFSC 1990; Powell & Wells, 2011) or become between 3 and 6.2 years, resulting in has a heightened awareness of the risk entangled in gear (Reynolds et al., 2000; annual variability in reproductive rates. of take and a commitment to not only Adimey et al., 2014). Male bias has also With respect to survival, Wells and implement the mitigation measures Scott (1990) calculated a mean annual been reported for strandings with proposed in this rulemaking but to survival rate of Sarasota Bay dolphins at evidence of fishery interaction (Stolen et develop additional mitigation measures 96.2 percent. In comparison, a mark- al., 2007; Fruet et al., 2012; Adimey et beyond this rule they find effective and recapture study of dolphins near al., 2014) and for in situ observations of practicable. Because all NMFS Science Charleston, South Carolina reported an fishery interaction (Corkeron et al., Centers are dedicated to decreasing gear apparent annual survival rate of 95.1 1990; Finn et al., 2008; Powell & Wells, interaction risk, each Science Center is percent (95 percent CI: 88.2–100) 2011). Byrd and Hohn (2017) examined also committed to sharing information (Speakman et al., 2010). In summary, stranding data to determine whether about reducing marine mammal survival rate and reproductive success there was differential risk of bycatch bycatch, further educating fishery of the Sarasota Bay stock is high and, researchers on means by which is make based on sex and age class from gillnet except for those stocks for which we fisheries in North Carolina. They found know individual marine mammal health best professional judgements and more males than females stranded. and reproductive success are minimize risk of take. However, the relative gillnet bycatch compromised from the Deepwater Region-wide, Gulf of Mexico states, in risk was not different for males and Horizon oil spill (e.g., Mississippi coordination with Federal agencies, are females. In summary, these data suggest Sound stock), we consider estuarine taking action to recover from injury the risk of gear interaction from trawls bottlenose stocks in the ARA and sustained during the DWH spill. Funds and hook and line is likely higher for GOMRA to have similar rates of from the spill have been allocated males while gillnet interactions may recruitment and survival. specifically for marine mammal pose equal risk for males and females. For stocks that are known to be restoration to the Florida, Alabama, For this rulemaking, the majority of experiencing levels of stress from Mississippi, Louisiana, Texas, Open historical gear interactions are from fishing and other anthropogenic sources Ocean, and Region-wide Trustee trawls. Therefore, we believe males (e.g.., annual rates of human-caused Implementation Groups (TIGs). In June (which are less likely to influence mortality and serious injury reach or 2017, the Trustees released their recruitment rate) are more likely at risk exceed PBR levels in absence of the Strategic Framework for Marine than females. requested take from the SEFSC), we look Mammal Restoration Activities. The Understanding the population toward the ongoing management actions framework includes a number of marine dynamics of each bottlenose dolphin and research designed to reduce those mammal restoration goals which would stock considered in this rulemaking is pressures when considering our improve marine mammal populations not possible as the data simply do not preliminary negligible impact over the course of the proposed exist for each stock. Therefore, we determination. Overall, many estuarine regulations. These goals include, but are

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not limited to, (1) collecting and using illegal feeding and harassment, and Offshore Pelagic Stocks monitoring information, such as hook-and-line fishery interactions. The For all offshore pelagic stocks where population and health assessments, and Alabama TIG has made the most PBR is known, except for gray seal, the spatiotemporal distribution information; progress on executing this strategic level of taking is less than 10 percent of (2) implementing an integrated portfolio framework. In 2018, the Alabama TIG r-PBR after considering other sources of of restoration approaches to restore committed to three projects designed to human-caused mortality (Table 15). injured bay, sound, and estuarine (BSE); restore marine mammals: (1) Enhancing Again, for those stocks with total coastal; shelf; and oceanic marine Capacity for the Alabama Marine incidental M/SI less than the mammals across the diverse habitats Mammal Stranding Network; (2) significance threshold (i.e., ten percent and geographic ranges they occupy; (3) Assessment of Alabama Estuarine of residual PBR), we consider the effects identifying and implementing actions Bottlenose Dolphin Populations & of the specified activity to represent an that support ecological needs of the Health (including the Mobile Bay stock); insignificant incremental increase in stocks; (4) improving resilience to and (3) Alabama Estuarine Bottlenose ongoing anthropogenic M/SI and need natural stressors; and (5) addressing Dolphin Protection: Enhancement & not consider other factors in making a direct human-caused threats such as Education. negligible impact determination except bycatch in commercial fisheries, vessel in combination with additional collisions, noise, industrial activities, incidental take by acoustic harassment. TABLE 15—SUMMARY INFORMATION OF PELAGIC STOCKS RELATED TO PROPOSED M/SI TAKE TO THE SEFSC IN THE ARA, GOMRA, AND CRA

NEFSC Proposed authorized Proposed Species Stock M/SI take PBR Annual M/SI take by r-PBR MI/SI take/r- (annual) (SAR) M/SI PBR (annual) (%)

Risso’s dolphin ...... Western North Atlantic ...... 0.2 126 49.9 0.6 75.5 0.26 N Gulf of Mexico ...... 0.2 16 7.9 0 8.1 2.47 Puerto Rico/USVI ...... 0.2 15 0.5 0 14.5 1.38 Melon headed whale ...... N Gulf of Mexico ...... 0.6 13 0 0 13 4.62 Short-finned pilot whale ...... Western North Atlantic ...... 0.2 236 168 0 68 0.29 N Gulf of Mexico ...... 0.2 15 0.5 0 14.5 1.38 Puerto Rico/USVI...... 0.2 unk unk 0 unk unk Common dolphin ...... Western North Atlantic ...... 0.8 557 406 1.4 149.6 0.53 Atlantic spotted dolphin ...... Western North Atlantic ...... 0.8 316 0 0.4 315.6 0.25 N Gulf of Mexico ...... 0.8 undet 42 0 unk unk Puerto Rico/USVI...... 0.2 unk unk 0 unk unk Pantropical spotted dolphin ...... Western North Atlantic ...... 0.2 17 0 0 17 1.18 N Gulf of Mexico ...... 0.8 407 4.4 0 402.6 0.20 Striped dolphin ...... Western North Atlantic ...... 0.6 428 0 0 428 0.14 N Gulf of Mexico ...... 0.6 10 0 0 10 6.00 Spinner dolphin ...... Western North Atlantic ...... 0 unk 0 0 unk ...... N Gulf of Mexico ...... 0.6 62 0 0 62 0 Puerto Rico/USVI...... 0 unk unk 0 unk 0 Rough-toothed dolphin ...... Western North Atlantic ...... 0 1.3 0 0 1.3 0 N Gulf of Mexico ...... 0.2 3 0.8 0 2.2 9.09 Bottlenose dolphin ...... Western North Atlantic Offshore ...... 0.8 561 39.4 1.6 520 0.15 N Gulf of Mexico Oceanic ...... 0.8 60 0.4 0 59.6 1.34 N Gulf of Mexico Continental Shelf .. 0.8 469 0.8 0 468.2 0.17 Puerto Rico/USVI ...... 0.2 unk 0 0 unk unk Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 0.2 706 437 0 269 0.07 Unidentified delphinid ...... Western North Atlantic ...... 0.2 — — 0.6 n/a n/a N Gulf of Mexico ...... 0.2 — — 0 n/a n/a Puerto Rico/USVI ...... 0.2 — — 0 n/a n/a Harbor seal ...... Western North Atlantic ...... 0.2 2,006 389 12 1,605 0.01 Gray seal ...... Western North Atlantic ...... 0.2 1,389 5,688 ¥4,299 N/A

Gray seals are the only stock where, annual M/SI for the U.S. population is when it has been documented that some at first look, annual M/SI is above PBR 878. That equates to an r-PBR of 511. gear interactions may result in Level A (Table 15). However, the minimum Considering the SEFSC is requesting harassment (injury) or no injury at all, abundance estimate provided in the one take, by M/SI, of gray seal over 5 as serious injury determinations are not SAR is based on the U.S. population years (or 0.2 animals per year), this made in all cases where the disposition estimate of 23,158 and does not include results in a percentage of 0.003, well of the animal is ‘‘released alive’’ and, in the Canada population. The total under the 10 percent insignificance some cases, animals are disentangled estimated Canadian gray seal population threshold. Further, given the proposed from nets without any injury in 2016 was estimated to be 424,300 M/SI of one animal over five years, this observations (e.g., no wounds, no blood (95% CI=263,600 to 578,300) (DFO amount of take can be considered in water, etc). discountable given the large population 2017). This would be acceptable except Level B Take From Acoustic Sources that the annual M/SI rate of 5,688 size. includes M/SI from both the U.S. and We note that for all stocks, we have As described in greater depth Canada populations. Therefore, we conservatively considered in this previously (see ‘‘Acoustic Effects’’), we should compare population to analysis that any gear interaction would do not believe that SEFSC use of active population. The draft 2018 indicates the result in mortality or serious injury acoustic sources has the likely potential

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to result in Level A harassment, serious individuals would be very unlikely. For Based on the analysis contained injury, or mortality. In addition, for the these reasons, we do not consider the herein of the likely effects of the majority of species, the proposed annual proposed level of take by acoustic specified activity on marine mammals take by Level B harassment is very low disturbance to represent a significant and their habitat, and taking into in relation to the population abundance additional population stressor when consideration the implementation of the estimate (less than one percent). We considered in context with the proposed proposed monitoring and mitigation have produced what we believe to be level of take by M/SI for any species. measures, NMFS preliminarily finds precautionary estimates of potential Further, we note no take by harassment that the total marine mammal take from incidents of Level B harassment (Table is proposed for estuarine bottlenose SEFSC fisheries research activities will 13). The procedure for producing these dolphins; therefore, only M/SI is have a negligible impact on affected estimates, described in detail in incorporated into our negligible impact marine mammal species or stocks. ‘‘Estimated Take Due to Acoustic analysis for those stocks. For Level B Negligible Impact Analysis and Harassment,’’ represents NMFS’ best take of coastal stocks in both the ARA Determination—TPWD effort towards balancing the need to and GOMRA, it is not possible to quantify the potential for occurrence of quantify take per stock given overlap in Similar to the SEFSC approach of Level B harassment due to production of time and space. However, we consider considering the proposed M/SI take underwater sound with a general lack of the anticipated amount of take to have relative to r-PBR, we looked at known information related to the specific way the potential to occur from some M/SI as identified in the SARs that these acoustic signals, which are combination of coastal stocks. (excluding those from the proposed generally highly directional and TPWD surveys) to estimate annual rates Summary of Negligible Impact transient, interact with the physical of M/SI (Table 16). No Level B Determination for SEFSC environment and to a meaningful harassment of estuarine bottlenose understanding of marine mammal dolphins is proposed to be authorized to In summary, we consider the the TPWD; therefore, our analysis is perception of these signals and proposed authorization would not occurrence in the areas where the limited to take by M/SI. impact annual rates or recruitment or The stocks for which we propose to SEFSC operates. The sources considered survival on any of the stocks considered authorize take by TPWD are grouped in here have moderate to high output here because: (1) The possibility of the Gulf of Mexico BSE SAR. frequencies (10 to 180 kHz), generally injury, serious injury, or mortality from Abundance data show all but 2 of the short ping durations, and are typically the use of active acoustic devices may 27 stocks grouped into the SAR are focused (highly directional with narrow reasonably be considered discountable; more than 8 years old and, therefore, beam width) to serve their intended (2) the anticipated incidents of Level B PBR is undetermined. Similar to the purpose of mapping specific objects, harassment from the use of active SEFSC, we consulted marine mammal depths, or environmental features. In acoustic devices consist of, at worst, experts at the SEFSC to derive addition, some of these sources can be temporary and relatively minor abundance and PBRs for all stocks. operated in different output modes (e.g., modifications in behavior; (3) the Similar to other areas in the Gulf, energy can be distributed among predicted number of incidents of annual rates of BSE dolphin M/SI are multiple output beams) that may lessen potential mortality are at insignificant aggregated for the entire state of Texas the likelihood of perception by and levels (i.e., below ten percent of residual (which contains seven stocks) in the potential impacts on marine mammals PBR) for select stocks; (4) consideration Gulf of Mexico BSE SAR. Therefore, we in comparison with the quantitative of more detailed data for gray seals do again used information, where available, estimates that guide our proposed take not reveal cause for concern; (5) for for each stock from the SAR and authorization. stocks above the insignificance Southeast Marine Mammal Stranding As described previously, there is threshold, the loss of one animal over Database to calculate but are described some minimal potential for temporary five years, especially if it is male (the in text for each of the sources of M/SI effects to hearing capabilities within sex more likely to interact with trawls), (e.g. hook and line, crab pot fishery). specific frequency ranges for select is not likely to contribute to measurable Two stocks are positively identified in marine mammals, but most effects changes in annual rates of recruitment the 2016 SAR (Hayes et al., 2017) as would likely be limited to temporary or survival; (7) some stocks are subject to fishing pressure (other than behavioral disturbance. If individuals subjected to ongoing management gillnet research for which we are are in close proximity to active acoustic actions designed to improve stock proposing take): The Copano Bay/ sources they may temporarily increase understanding and reduce sources of M/ Aransas Bay/San Antonio Bay/Redfish swimming speeds (presumably SI from other anthropogenic stressors Bay/Espiritu Santo Bay stock and the swimming away from the source) and (e.g., BDTRT management actions, Nueces Bay/Corpus Christi Bay stock. surface time or decrease foraging effort pelagic longline TRT); (8) the efforts by For the first stock, in 2010, a calf was (if such activity were occurring). These the DHW Trustees are designed to disentangled by stranding network reactions are considered to be of low restore for injury and address ongoing personnel from a crab trap line wrapped severity due to the short duration of the stressors such as commercial fishery around its peduncle. The animal swam reaction. Individuals may move away entanglement which would improve away with no obvious injuries but was from the source if disturbed. However, stock conditions; (9) implementation of considered seriously injured because it because the source is itself moving and this proposed rule would build upon is unknown whether it was reunited because of the directional nature of the research designed to reduce fishery with its mother (Maze-Foley and sources considered here, it is unlikely related mortality (e.g., NCCOS crap pot/ Garrison, 2016). Hayes et al. (2016) also any temporary displacement from areas trap and trawl interaction research; HSU notes hook and line fisheries have taken of significance would occur, and any lazy line research); and (10) the animals from this stock; however, the disturbance would be of short duration. presumed efficacy of the planned exact number of animals is not In addition, because the SEFSC survey mitigation measures in reducing the provided. Therefore, we used the effort is widely dispersed in space and effects of the specified activity to the Marine Mammal Stranding Database for time, repeated exposures of the same level of least practicable adverse impact. more information on these takes and the

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Nueces Bay stock because they were animal was a serious injury and two one animal was taken by mortality in implicated in the hook and line takes. were mortality from hook and line 2010 and one in 2013 from hook and For the Copano Bay et al. stock, one interaction. For the Nueces Bay stock, line interaction. TABLE 16—SUMMARY INFORMATION OF ESTUARINE BOTTLENOSE DOLPHIN STOCKS RELATED TO TPWD GILLNET FISHERY SURVEYS

Proposed Stock Proposed Estimated Residual Stock abundance M/SI take PBR 1 annual take/R–PBR PBR 3 (Nbest) 1 (annual) M/SI 2 (%)

Laguna Madre ...... 80 0.2 0.3 0 0.3 66.67 Nueces Bay, Corpus Christi Bay 4 ...... 150 0.2 1.3 0.4 0.9 22.22 Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espiritu Santo Bay 5 ...... 250 0.2 2.1 0.8 0.9 22.2 Matagorda Bay, Tres Palacios Bay, Lavaca Bay 6 ...... 150 0.2 1.3 0 1.1 18.18 1 In all cases, population estimates for these stocks are greater than 8 years old (last survey year was 1992); therefore, abundance and PBR are unknown. We so- licited expert opinion of the SEFSC to gather the best available data to generate a population estimate for each stock and then calculated PBR using the estimated Nbest. 2 The estimated annual M/SI reflects the estimated M/SI less the takes for which M/SI take authorization is now proposed (i.e., it does not include historical takes from TPWD gillnet fishing). Annual M/SI was derived from the SAR and consulting the NMFS Southeast Marine Mammal Stranding database. 3 Residual PBR (r-PBR) = PBR—annual M/SI. No other M/SI is authorized for Texas BSE dolphin stocks. 4 The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012–2014. During the biopsy sampling, photos were taken for photo-ID and 285 individual dolphins with distinct dorsal fins were identified within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data. 5 The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012–2014. During the biopsy sampling, photos were taken for photo-ID and 524 individual dolphins with distinct dorsal fins were identified within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data. 6 The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012–2014. During the biopsy sampling, photos were taken for photo-ID and 323 individual dolphins with distinct dorsal fins were identified within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data.

The proposed take exceeds the are not discretely closed populations in practice, where estimated numbers insignificance threshold (10 percent r- with few animals migrating to and from are available, NMFS compares the PBR) for all four Texas stocks. However, coastal areas and adjacent waterbodies. number of individuals taken to the most it does not exceed r-PBR when The loss of one animal over 5 years is appropriate estimation of abundance of considering other sources of M/SI for unlikely to result in more than a the relevant species or stock in our any stock. For two stocks (Laguna negligible impact to the stock’s determination of whether an Madre and Matagorda Bay, Tres Palacios recruitment and survival rates. authorization is limited to small Bay, Lavaca Bay), there is no other Based on the analysis contained numbers of marine mammals. known source of M/SI according to the herein of the likely effects of the Additionally, other qualitative factors SAR. The driving factor behind the specified activity on marine mammals may be considered in the analysis, such higher percentages of r-PBR is the small and their habitat, and taking into as the temporal or spatial scale of the stock size which results in a low PBR. consideration the implementation of the activities. For example, the Laguna Madre stocks proposed monitoring and mitigation Small Numbers Analysis—SEFSC has a population estimate of 80 measures, NMFS preliminarily finds individuals resulting in low PBR (0.3). that the total marine mammal take from The total amount of take proposed for This is a similar scenario to some of the TPWD’s gillnet fishing surveys will all estuarine and coastal bottlenose estuarine stocks for which we propose have a negligible impact on affected dolphin stocks is less than one percent to issue take to the SEFSC. TPWD marine mammal species or stocks. of each estuarine stock and less than 12 would implement mitigation designed percent of all coastal stocks (Table 17; to reduce the potential for take, Small Numbers we note this 12 percent is including research investigating the As noted above, only small numbers conservatively high because it considers effectiveness of reducing gaps between of incidental take may be authorized that all Level B take would come from the lead lines and net. Further, as under Section 101(a)(5)(D) of the MMPA any given single stock). For pelagic discussed earlier, dolphins are K- for specified activities other than stocks, the total amount of take is less selected species with variable military readiness activities. The MMPA than 13 percent of the estimated reproductive rates, and estuarine stocks does not define small numbers and so, population size (Table 18).

TABLE 17—AMOUNT OF PROPOSED TAKING OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS IN THE ARA AND GOMRA RELATED TO STOCK ABUNDANCE

Stock Stock abundance Proposed Proposed M/SI Proposed take (Nbest) level B Take take (annual) % population

Atlantic

Northern South Carolina Estuarine Stock 1 ...... 50 0 0.2 0.40 Charleston Estuarine System Stock 1 ...... 289 0.2 0.07 Northern Georgia/Southern South Carolina Estuarine System Stock 1 ...... 250 0.2 0.08 Central Georgia Estuarine System ...... 192 0.2 0.10 Southern Georgia Estuarine System Stock ...... 194 0.2 0.10 Jacksonville Estuarine System Stock 1 ...... 412 0.2 0.05 Florida Bay Stock 1 ...... 514 0.2 0.04

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TABLE 17—AMOUNT OF PROPOSED TAKING OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS IN THE ARA AND GOMRA RELATED TO STOCK ABUNDANCE—Continued

Stock Stock abundance Proposed Proposed M/SI Proposed take (Nbest) level B Take take (annual) % population

South Carolina/Georgia Coastal Stock ...... 6,027 0.6 0.01 Northern Florida Coastal Stock ...... 877 110 0.6 12.61 Central Florida Coastal Stock ...... 1,218 0.6 9.08 Northern Migratory Coastal Stock ...... 6,639 0.6 1.67 Southern Migratory Coastal Stock ...... 3,751 0.6 2.95

Gulf of Mexico

Terrebonne Bay, Timbalier Bay 1 ...... 100 0 0.2 0.20 Mississippi River Delta 1 ...... 332 0.2 0.06 Mississippi Sound, Lake Borgne, Bay Boudreau 3 ...... 3,046 0.2 (M/SI), 0.2 0.01 (Level A) Mobile Bay, Bonsecour Bay 1 ...... 122 0.2 0.16 St. Andrew Bay 1 ...... 124 0.2 0.16 St. Joseph Bay ...... 152 0.2 0.13 St. Vincent Sound, Apalachicola Bay, St. George Sound 1 ...... 439 0.2 0.05 Apalachee Bay 1 ...... 491 0.2 0.04 Waccasassa Bay, Withlacoochee Bay, Crystal Bay 1 ...... 100 0.2 0.20 Northern Gulf of Mexico Western Coastal Stock ...... 20,161 350 0.6 1.74 Northern Gulf of Mexico Northern Coastal Stock ...... 7,185 0.6 4.88 Northern Gulf of Mexico Eastern Coastal Stock ...... 12,388 0.6 2.83

TABLE 18—AMOUNT OF PROPOSED TAKING OF PELAGIC STOCKS IN THE ARA, GOMRA, AND CRA TO THE SEFSC RELATED TO STOCK ABUNDANCE

Total Abundance Proposed Proposed proposed Species Stock (Nbest) level B take M/SI take take % (annual) (annual) population

N Atlantic right whale ...... Western North Atlantic ...... 451 4 0 0.89 Fin whale ...... Western North Atlantic ...... 1,618 4 0 0.25 Sei whale ...... Western North Atlantic ...... 357 4 0 1.12 Humpback whale ...... Gulf of Maine ...... 896 4 0 0.45 Minke whale ...... Western North Atlantic ...... 2,591 4 0 0.15 Bryde’s whale ...... Northern Gulf of Mexico ...... 33 4 0 12.12 Sperm whale ...... North Atlantic ...... 2,288 4 0 0.17 Northern Gulf of Mexico ...... 763 17 0 2.23 Puerto Rico/USVI ...... unk 4 0 unk Risso’s dolphin ...... Western North Atlantic ...... 18,250 15 0.2 0.08 N Gulf of Mexico ...... 2,442 10 0.2 0.42 Puerto Rico/USVI ...... 21,515 10 0.2 0.05 Kogia ...... Western North Atlantic ...... 3,785 10 0 0.26 N Gulf of Mexico ...... 186 12 0 6.45 Beaked whales ...... Western North Atlantic ...... 7,092 9 0 0.13 N Gulf of Mexico ...... 149 8 0 5.37 Melon headed whale ...... N Gulf of Mexico ...... 2,235 100 0.6 4.50 Short-finned pilot whale ...... Western North Atlantic ...... 28,924 48 0.2 0.17 N Gulf of Mexico ...... 2,415 25 0.2 1.04 Puerto Rico/USVI ...... unk 20 0.2 unk Common dolphin ...... Western North Atlantic ...... 70,184 268 0.8 0.38 Atlantic spotted dolphin ...... Western North Atlantic ...... 44,715 37 0.8 0.08 N Gulf of Mexico ...... unk 198 0.8 unk Puerto Rico/USVI ...... unk 50 0.2 unk Pantropical spotted dolphin ...... Western North Atlantic ...... 3,333 78 0.2 2.35 N Gulf of Mexico ...... 50,807 203 0.8 0.40 Striped dolphin ...... Western North Atlantic ...... 54,807 75 0.6 0.14 N Gulf of Mexico ...... 1,849 46 0.6 2.52 Spinner dolphin ...... Western North Atlantic ...... unk 100 0 unk N Gulf of Mexico ...... 11,441 200 0.6 1.75 Puerto Rico/USVI ...... unk 50 0 unk Rough-toothed dolphin ...... Western North Atlantic ...... 136 10 0 7.35 N Gulf of Mexico ...... 624 20 0.2 3.24 Bottlenose dolphin ...... Western North Atlantic Offshore ...... 77,532 39 0.8 0.05 N Gulf of Mexico Oceanic ...... 5,806 100 0.8 1.74 N Gulf of Mexico Continental Shelf ...... 51,192 350 0.8 0.69 Puerto Rico/USVI ...... unk 50 0.2 unk Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... 79,833 0 0.2 0.00

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TABLE 18—AMOUNT OF PROPOSED TAKING OF PELAGIC STOCKS IN THE ARA, GOMRA, AND CRA TO THE SEFSC RELATED TO STOCK ABUNDANCE—Continued

Total Abundance Proposed Proposed proposed Species Stock (Nbest) level B take M/SI take take % (annual) (annual) population

Unidentified delphinid ...... Western North Atlantic. n/a 0 0.2 n/a N Gulf of Mexico 0.2 Puerto Rico/USVI 0.2 Harbor seal ...... Western North Atlantic ...... 75,834 0 0.2 0.00 Gray seal ...... Western North Atlantic ...... 27,131 0 0.2 0.00

The majority of stocks would see take NMFS preliminarily finds that small the relevant species or stock in our less than 5 percent of the population numbers of marine mammals will be determination of whether an taken with the greatest percentage being taken relative to the population size of authorization is limited to small 12 from Bryde’s whales in the Gulf of the affected species or stocks. numbers of marine mammals. Mexico. However, this is assuming all Additionally, other qualitative factors Small Numbers Analysis—TPWD takes came from the same stock of may be considered in the analysis, such beaked whales which is unlikely. Where As noted above, only small numbers as the temporal or spatial scale of the stock numbers are unknown, we would of incidental take may be authorized activities. expect a similar small amount of take under Section 101(a)(5)(A) of the MMPA Table 19 provides information relative to population sizes. for specified activities. The MMPA does relating to this small numbers analysis Based on the analysis contained not define small numbers and so, in for the proposed authorization to herein of the proposed activity practice, where estimated numbers are TPWD. The total annual amount of (including the proposed mitigation and available, NMFS compares the number taking proposed for authorization is less monitoring measures) and the of individuals taken to the most than one percent for affected Texas anticipated take of marine mammals, appropriate estimation of abundance of estuarine dolphin stocks.

TABLE 19—AMOUNT OF PROPOSED TAKING OF TEXAS BOTTLENOSE DOLPHIN STOCKS RELATIVE TO STOCK ABUNDANCE

Proposed Proposed Stock Abundance M/SI take take % (Nbest) (annual) Population

Laguna Madre 4 ...... 80 0.2 0.25 Nueces Bay, Corpus Christi Bay 5 ...... 150 0.2 0.13 Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu Santo Bay 6 ...... 250 0.2 0.08 Matagorda Bay, Tres Palacios Bay, Lavaca Bay 7 ...... 150 0.2 0.13

Based on the analysis contained operations contain an adaptive and dolphin-gear interactions, new herein of the proposed activity management component which is both stock data, and coordination efforts (including the proposed mitigation and valuable and necessary within the between all NMFS Fisheries Science monitoring measures) and the context of five-year regulations for Centers. Mitigation measures could be anticipated take of marine mammals, activities that have been associated with modified if new data suggest that such NMFS preliminarily finds that small marine mammal mortality. The use of modifications would have a reasonable numbers of marine mammals will be adaptive management allows OPR to likelihood of reducing adverse effects to taken relative to the population size of consider new information from different marine mammals and if the measures the affected species or stocks. sources to determine (with input from are practicable. In addition, any M/SI takes by the SEFSC or TPWD and Unmitigable Adverse Impact Analysis the SEFSC and TPWD regarding affiliates are required to be submitted and Determination practicability) on an annual or biennial basis if mitigation or monitoring within 48 hours to the PSIT database There are no relevant subsistence uses measures should be modified (including and OPR will be made aware of the take. of the affected marine mammal stocks or additions or deletions). The If there is an immediate need to revisit species implicated by the issuance of coordination and reporting monitoring and mitigation measures regulations to the SEFSC or TPWD. requirements in this proposed rule are based on any given take, OPR and Therefore, NMFS has determined that designed to provide OPR with data to SEFSC or TPWD would meet as needed. the total taking of affected species or allow consideration of whether any The following are some of the stocks would not have an unmitigable changes to mitigation and monitoring is possible sources of applicable data to be adverse impact on the availability of necessary. OPR and the SEFSC or TPWD considered through the adaptive such species or stocks for taking for will meet annually to discuss the management process: (1) Results from subsistence purposes. monitoring reports and current science monitoring reports, as required by and whether mitigation or monitoring MMPA authorization; (2) results from Adaptive Management modifications are appropriate. Decisions general marine mammal and sound The proposed regulations governing will also be informed by findings from research; (3) any information which the take of marine mammals incidental any established working groups, reveals that marine mammals may have to SEFSC fisheries research survey investigations into gear modifications been taken in a manner, extent, or

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number not authorized by these Pursuant to section 605(b) of the Subpart H—Taking Marine Mammals regulations or subsequent LOAs; and (4) Regulatory Flexibility Act (RFA), the Incidental to Southeast Fisheries Science findings from any mitigation research Chief Counsel for Regulation of the Center Fisheries Research in the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea (e.g., gear modification). In addition, Department of Commerce has certified developments on the effectiveness of to the Chief Counsel for Advocacy of the Sec. mitigation measures as discovered Small Business Administration that this 219.71 Specified activity and specified through research (e.g., stiffness of lazy geographical region. proposed rule, if adopted, would not 219.72 Effective dates. lines) will inform adaptive management have a significant economic impact on 219.73 Permissible methods of taking. strategies. Finally, the SEFSC–SCDNR a substantial number of small entities. 219.74 Prohibitions. working group is investigating the The SEFSC and TPWD are the sole 219.75 Mitigation requirements. relationships between SCDNR research entities that would be subject to the 219.76 Requirements for monitoring and surveys and marine mammal takes. Any requirements in these proposed reporting. report produced by that working group regulations, and the SEFSC and TPWD 219.77 Letters of Authorization. 219.78 Renewals and modifications of will inform improvements to marine are not small governmental mammal monitoring and mitigation. Letters of Authorization. jurisdictions, small organizations, or 219.79–219.80 [Reserved] Endangered Species Act (ESA) small businesses, as defined by the RFA. Because of this certification, a Subpart H—Taking Marine Mammals On May 9, 2016, NMFS Southeast regulatory flexibility analysis is not Incidental to Southeast Fisheries Regional Office (SERO) issued a required and none has been prepared. Science Center Fisheries Research in Biological Opinion on Continued the Atlantic Ocean, Gulf of Mexico, and The proposed rule for the SEFSC does Authorization and Implementation of Caribbean Sea National Marine Fisheries Service’s not contain a collection-of-information Integrated Fisheries Independent requirement subject to the provisions of § 219.71 Specified activity and specified Monitoring Activities in the Southeast the Paperwork Reduction Act (PRA) geographical region. Region. The Biological Opinion found because the applicant is a Federal (a) Regulations in this subpart apply independent fishery research is not agency. However, the TWPD is not a only to the National Marine Fisheries likely to adversely affect the following federal agency. Notwithstanding any Service’s (NMFS) Southeast Fisheries ESA-listed species: Blue whales, sei other provision of law, no person is Science Center (SEFSC) and those whales, sperm whales, fin whales, required to respond to nor shall a persons it authorizes or funds to humpback whales, North Atlantic right person be subject to a penalty for failure conduct fishery-independent research whales, gulf sturgeon and all listed to comply with a collection of surveys on its behalf for the taking of corals in the action area. NMFS information subject to the requirements marine mammals that occurs in the area amended this Biological Opinion on of the PRA unless that collection of outlined in paragraph (b) of this section June 4, 2018, updating hearing group information displays a currently valid and that occurs incidental to SEFSC and information based on the best available OMB control number. The proposed partner research survey program science and adding NMFS OPR as an rule for TPWD contains collection-of- operations. action agency. Similar to the previous information requirements subject to the (b) The taking of marine mammals by finding, the amended Biological provisions of the PRA. These the SEFSC and partners may be Opinion concluded SEFSC independent requirements have been approved by authorized in a 5-year Letter of fishery research is not likely to OMB under control number 0648–0151 Authorization (LOA) only if it occurs adversely affect listed marine mammals. and include applications for regulations, during fishery research surveys in the Bottlenose dolphins are not listed subsequent LOAs, and reports. Atlantic Ocean, Gulf of Mexico, and under the ESA; therefore, consultation Caribbean Sea. under section 7 of the ESA is not List of Subjects in 50 CFR Part 219 warranted for the issuance of § 219.72 Effective dates. Endangered and threatened species, regulations and associated LOA to the Fish, Marine mammals, Reporting and Regulations in this subpart are TPWD. recordkeeping requirements, Wildlife. effective from [EFFECTIVE DATE OF Request for Information FINAL RULE] through [DATE 5 YEARS Dated: February 13, 2019. AFTER EFFECTIVE DATE OF FINAL NMFS requests interested persons to Samuel D. Rauch III, RULE]. submit comments, information, and Deputy Assistant Administrator for § 219.73 Permissible methods of taking. suggestions concerning the NWFSC Regulatory Programs, National Marine request and the proposed regulations Fisheries Service. (a) Under a LOA issued pursuant to (see ADDRESSES). All comments will be §§ 216.106 of this chapter and 219.77, reviewed and evaluated as we prepare For reasons set forth in the preamble, the Holder of the LOA (hereinafter final rules and make final 50 CFR part 219 is proposed to be ‘‘SEFSC’’) may incidentally, but not determinations on whether to issue the amended as follows: intentionally, take marine mammals requested authorizations. This notice within the areas described in § 219.71 and referenced documents provide all PART 219—REGULATIONS by Level A harassment, serious injury, environmental information relating to GOVERNING THE TAKING AND or mortality associated with fisheries our proposed action for public review. IMPORTING OF MARINE MAMMALS research gear including trawls, gillnets, and hook and line, and Level B Classification ■ 1. The authority citation for part 219 harassment associated with use of active Pursuant to the procedures continues to read as follows: acoustic systems provided the activity is established to implement Executive Authority: 16 U.S.C. 1361 et seq. in compliance with all terms, Order 12866, the Office of Management conditions, and requirements of the and Budget has determined that this ■ 2. Add subpart H to part 219 to read regulations in this subpart and the proposed rule is not significant. as follows: relevant LOA.

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§ 219.74 Prohibitions. circumstances of a take should it occur appear to be at risk of interaction, then Notwithstanding takings and any action necessary to avoid future the set may be made. If the vessel is contemplated in § 219.73 and take. moved to a different section of the authorized by a LOA issued under (i) Working groups shall be sampling area, the move-on rule §§ 216.106 of this chapter and 219.77, established if a partner takes more than mitigation protocol would begin anew. no person in connection with the one marine mammal within 5 years to If, after moving on, marine mammals activities described in § 219.71 may: identify circumstances of marine remain at risk of interaction, the SEFSC (a) Violate, or fail to comply with, the mammal take and necessary action to shall move again or skip the station. terms, conditions, and requirements of avoid future take. Each working group Marine mammals that are sighted this subpart or a LOA issued under shall meet at least once annually. further than 500 m from the vessel shall §§ 216.106 of this chapter and 219.77; (ii) Each working group shall consist be monitored to determine their (b) Take any marine mammal species of at least one SEFSC representative position and movement in relation to or stock not specified in the LOA; knowledgeable of the mitigation, the vessel to determine whether the (c) Take any marine mammal in any monitoring and reporting requirements move-on rule mitigation protocol should manner other than as specified in the contained within these regulations, one be implemented. The SEFSC may use LOA; or more research institution or SEFSC best professional judgment, in (d) Take a marine mammal specified representative(s) (preferably accordance with this paragraph, in in such LOA in numbers exceeding researcher(s) aboard vessel when take or making decisions related to deploying those for which NMFS determines risk of take occurred), one or more staff gear. results in more than a negligible impact from NMFS Southeast Regional Office (8) SEFSC shall maintain visual on the species or stocks of such marine Protected Resources Division, and one monitoring effort during the entire mammal; or or more staff from NMFS Office of period of time that trawl, hook and line, (e) Take a marine mammal specified Protected Resources. and seine net gear is in the water (i.e., in such LOA if NMFS determines such (5) When deploying any type of throughout gear deployment, fishing, taking results in an unmitigable adverse sampling gear at sea, SEFSC shall at all and retrieval). If marine mammals are impact on the species or stock of such times monitor for any unusual sighted before the gear is fully removed marine mammal for taking for circumstances that may arise at a from the water, SEFSC shall take the subsistence uses. sampling site and use best professional most appropriate action to avoid marine judgment to avoid any potential risks to mammal interaction. SEFSC may use § 219.75 Mitigation requirements. marine mammals during use of all best professional judgment in making When conducting the activities research equipment. this decision. identified in § 219.71, the mitigation (6) SEFSC shall implement handling (9) If research operations have been measures contained in any LOA issued and/or disentanglement protocols as suspended because of the presence of under §§ 216.106 of this chapter and specified in the guidance that shall be marine mammals, SEFSC may resume 219.77 must be implemented. These provided to survey personnel. At least operations when practicable only when mitigation measures shall include but two persons aboard SEFSC ships and the animals are believed to have are not limited to: one person aboard smaller vessels, departed the area. SEFSC may use best (a) General conditions. (1) SEFSC including vessels operated by partners professional judgment in making this shall take all necessary measures to where no SEFSC staff are present, will determination; coordinate and communicate in advance be trained in marine mammal handling, (b) Trawl and seine survey mitigation. of each specific survey with the release, and disentanglement In addition to the general conditions National Oceanic and Atmospheric procedures. provided in § 219.75(a), the following Administration’s (NOAA) Office of (7) For all research surveys using measures must be implemented during trawl, hook and line, or seine net gear Marine and Aviation Operations trawl and seine surveys: (OMAO) or other relevant parties on in open-ocean waters (as defined from (1) SEFSC shall conduct fishing non-NOAA platforms to ensure that all the coastline seaward), the SEFSC must operations as soon as is practicable mitigation measures and monitoring implement move-on rule mitigation upon arrival at the sampling station and requirements described herein, as well protocol upon observation of any prior to other environmental sampling as the specific manner of marine mammal other than dolphins not involving trawl nets. implementation and relevant event- and porpoises attracted to the vessel. If (2) The SEFSC shall limit tow times contingent decision-making processes, marine mammals (other than dolphins to 30 minutes (except for sea turtle are clearly understood and agreed upon; or porpoises) are observed within 500 m research trawls); (2) SEFSC shall coordinate and of the planned location in the 10 (3) The SEFSC shall, during haul conduct briefings at the outset of each minutes before setting gear, or are back, open cod end close to deck/sorting survey and as necessary between ship’s considered at risk of interacting with the table to avoid damage to animals that crew (Commanding Officer/master or vessel or research gear, or appear to be may be caught in gear and empty gear designee(s), as appropriate) and approaching the vessel and are as quickly as possible after retrieval scientific party in order to explain considered at risk of interaction, the haul back; responsibilities, communication SEFSC shall move on to another (4) The SEFSC shall delay gear procedures, marine mammal monitoring sampling location or remain on site but deployment if any marine mammals are protocol, and operational procedures; delay gear deployment until the animals believed to be at-risk of interaction; (3) SEFSC shall coordinate, on an departs the area or appears to no longer (5) The SEFSC shall retrieve gear annual basis, with all partners to ensure be at risk of interacting with the vessel immediately if any marine mammals are that requirements, procedures, and or gear. Once the animal is no longer believed to be entangled or at-risk of decision-making processes are considered a risk, another 10-minute entanglement; understood and properly implemented. observation shall be conducted. If no (6) Dedicated marine mammal (4) Where appropriate, SEFSC shall marine mammals are observed during observations shall occur at least 15 establish and maintain cooperating this subsequent observation period or minutes prior to the beginning of net partner working group(s) to identify the visible animal(s) still does not deployment. This watch may include

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approach to the sampling station. (3) SEFSC shall implement the move- interaction and instructive examples Marine mammal watches should be on rule mitigation protocol, as described where use of best professional judgment conducted by systematically scanning in § paragraph(a)(6) of this section. was determined to be successful or the surrounding waters and marsh edge (4) SEFSC shall maintain visual unsuccessful. (if visible) 360 degrees around the monitoring effort during the entire (3) SEFSC shall coordinate with vessel. If dolphin(s) are sighted and period of gear deployment and retrieval. NMFS’ Office of Science and believed to be at-risk of interaction (e.g., If marine mammals are sighted before Technology to ensure training and moving in the direction of the vessel/ the gear is fully deployed or retrieved, guidance related to handling procedures gear; moms/calves close to the gear; SEFSC shall take the most appropriate and data collection is consistent with etc.), gear deployment should be action to avoid marine mammal other fishery science centers, where delayed until the animal(s) are no longer interaction. SEFSC may use best appropriate. at risk or have left the area on their own. professional judgment in making this (d) Handling procedures and data If species other than dolphins are decision. collection. (1) SEFSC must implement sighted, trawling must not be initiated (5) If deployment or retrieval standardized marine mammal handling, and the marine mammal(s) must be operations have been suspended disentanglement, and data collection allowed to either leave or pass through because of the presence of marine procedures. These standard procedures the area safely before trawling is mammals, SEFSC may resume such will be subject to approval by NMFS’ initiated. All marine mammal sightings operations when practicable only when Office of Protected Resources (OPR). must be logged and reported per 219.76 the animals are believed to have (2) For any marine mammal of this section. departed the area. SEFSC may use best interaction involving the release of a (7) Retrieve gear immediately if professional judgment in making this live animal, SEFSC shall collect marine mammals are believed to be decision. necessary data to facilitate a serious captured/entangled and follow (6) SEFSC shall implement standard injury determination. disentanglement protocols. survey protocols, including maximum (3) SEFSC shall provide its relevant (8) The SEFSC shall minimize soak durations and a prohibition on personnel with standard guidance and ‘‘pocketing’’ in areas of trawl nets where chumming. training regarding handling of marine dolphin depredation evidence is mammals, including how to identify commonly observed; § 219.76 Requirements for monitoring and different species, bring an individual (9) When conducting research under reporting. aboard a vessel, assess the level of an ESA section 10(a)(1)(A) scientific (a) Compliance coordination. SEFSC consciousness, remove fishing gear, research permit issued by NMFS, all shall designate a compliance return an individual to water, and log marine mammal monitoring protocol coordinator who shall be responsible for activities pertaining to the interaction. contained within that permit must be ensuring and documenting compliance (4) SEFSC shall record such data on implemented. with all requirements of any LOA issued standardized forms, which will be (10) SEFSC shall implement standard pursuant to §§ 216.106 of this chapter subject to approval by OPR. SEFSC shall survey protocols to minimize potential and 219.77 and for preparing for any also answer a standard series of for marine mammal interactions, subsequent request(s) for incidental take supplemental questions regarding the including maximum tow durations at authorization. details of any marine mammal target depth and maximum tow (b) Visual monitoring program. (1) interaction. distance, and shall carefully empty the Marine mammal visual monitoring shall (e) Reporting. (1) Marine mammal trawl as quickly as possible upon occur prior to deployment of trawl, net, capture/entanglements (live or dead) retrieval. Trawl nets must be cleaned and hook and line gear, respectively; must be reported immediately to the prior to deployment. throughout deployment of gear and Southeast Region Marine Mammal (11) The SEFSC shall continue active fishing of research gears (not Stranding Hotline at 1–877–433–8299 investigation into gear modifications including longline soak time); prior to and SEFSC and to OPR and NMFS (e.g., stiffening lazy lines) and the retrieval of longline gear; and Southeast Regional Office (SERO, 727– effectiveness of gear modification. throughout retrieval of all research gear. 551–5780) within 48 hours of (c) Hook and line (including longline) (2) Marine mammal watches shall be occurrence. Also within 48 hours, survey mitigation—In addition to the conducted by watch-standers (those SEFSC shall log the incident in NMFS’ General Conditions provided in navigating the vessel and/or other crew) Protected Species Incidental Take paragraph(a) of this section, the at all times when the vessel is transiting (PSIT) database and provide any following measures must be to avoid ship strike. supplemental information to OPR and implemented during hook and line (c) Training. (1) SEFSC must conduct SERO upon request. Information related surveys: annual training for all SEFSC and to marine mammal interaction (animal (1) SEFSC shall deploy hook and line affiliate chief scientists and other captured or entangled in research gear) gear as soon as is practicable upon personnel who may be responsible for must include details of research survey, arrival at the sampling station. conducting dedicated marine mammal monitoring conducted prior to (2) SEFSC shall initiate marine visual observations to explain interaction, full descriptions of any mammal watches (visual observation) mitigation measures and monitoring and observations of the animals, the context no less than 30 minutes prior to both reporting requirements in the LOA, (vessel and conditions), decisions made, deployment and retrieval of longline mitigation and monitoring protocols, and rationale for decisions made in gear. Marine mammal watches shall be marine mammal identification, vessel and gear handling. conducted by scanning the surrounding completion of datasheets, and use of (2) Annual reporting: waters with the naked eye and range- equipment. SEFSC may determine the (i) SEFSC shall submit an annual finding binoculars (or monocular). agenda for these trainings. summary report to OPR not later than During nighttime operations, visual (2) SEFSC shall also dedicate a ninety days following the end of a given observation shall be conducted using portion of training to discussion of best year. SEFSC shall provide a final report the naked eye and available vessel professional judgment, including use in within thirty days following resolution lighting. any incidents of marine mammal of comments on the draft report;

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(ii) These reports shall contain, at specified activity to the Southeast (d) The LOA shall set forth: minimum, the following: Regional Stranding Coordinator within (1) Permissible methods of incidental (A) Annual line-kilometers and 24 hours. If the discovery is made by a taking; locations surveyed during which the partner, the report shall also be (2) Means of effecting the least EK60, ME70, SX90 (or equivalent submitted to the SEFSC Environmental practicable adverse impact (i.e., sources) were predominant and Compliance Coordinator. The following mitigation) on the species, its habitat, associated pro-rated estimates of actual information shall be provided: and on the availability of the species for take; (i) Time, date, and location (latitude/ subsistence uses; and (B) Summary information regarding longitude) of the incident; (3) Requirements for monitoring and use of all trawl, gillnet, and hook and (ii) Description of the incident reporting. line gear, including location, number of including, but not limited to, (e) Issuance of the LOA shall be based sets, hook hours, tows, etc., specific to monitoring prior to and occurring at on a determination that the level of each gear; time of incident; taking will be consistent with the (C) Accounts of surveys where marine (iii) Environmental conditions (e.g., findings made for the total taking mammals were observed during wind speed and direction, Beaufort sea allowable under these regulations. sampling but no interactions occurred; state, cloud cover, visibility); (f) Notice of issuance or denial of an (D) All incidents of marine mammal (iv) Description of all marine mammal LOA shall be published in the Federal interactions, including circumstances of observations in the 24 hours preceding Register within thirty days of a the event and descriptions of any the incident; determination. mitigation procedures implemented or (v) Species identification or not implemented and why and, if description of the animal(s) involved; § 219.78 Renewals and modifications of released alive, serious injury (vi) Status of all sound source or gear Letters of Authorization. determinations; used in the 24 hours preceding the (a) An LOA issued under §§ 216.106 (E) A written evaluation of the incident; of this chapter and 219.77 for the effectiveness of SEFSC mitigation (vii) Water depth; activity identified in § 219.71(a) shall be strategies in reducing the number of (viii) Fate of the animal(s) (e.g., dead, renewed or modified upon request by marine mammal interactions with injured but alive, injured and moving, the applicant, provided that: survey gear, including gear blood or tissue observed in the water, (1) The proposed specified activity modifications and best professional status unknown, disappeared, etc.); and and mitigation, monitoring, and judgment and suggestions for changes to (ix) Photographs or video footage of reporting measures, as well as the the mitigation strategies, if any; the animal(s). anticipated impacts, are the same as (F) A summary of all relevant training (3) In the event of a ship strike of a those described and analyzed for these provided by SEFSC and any marine mammal by any SEFSC or regulations (excluding changes made coordination with NMFS Office of partner vessel involved in the activities pursuant to the adaptive management Science and Technology and the covered by the authorization, SEFSC or provision in paragraph (c)(1) of this Southeast Regional Office; and partner shall immediately report the section), and (G) A summary of meetings and information in paragraph (f)(2) of this (2) OPR determines that the workshops outcomes with the South section, as well as the following mitigation, monitoring, and reporting Carolina Department of Natural additional information: measures required by the previous LOA Resources designed to reduce the (i) Vessel’s speed during and leading under these regulations were number of marine mammal interactions up to the incident; implemented. (f) Reporting of injured or dead (ii) Vessel’s course/heading and what (b) For an LOA modification or marine mammals. (1) In the operations were being conducted, renewal requests by the applicant that unanticipated event that the activity (iii) Status of all sound sources in use, include changes to the activity or the (iv) Description of avoidance defined in § 219.71(a) clearly causes the mitigation, monitoring, or reporting measures/requirements that were in take of a marine mammal in a (excluding changes made pursuant to place at the time of the strike and what prohibited manner, SEFSC personnel the adaptive management provision in additional measures were taken, if any, engaged in the research activity shall paragraph (c)(1) of this section) that do to avoid strike. immediately cease such activity until (v) Estimated size and length of not change the findings made for the such time as an appropriate decision animal that was struck; regulations or result in no more than a regarding activity continuation can be (vi) Description of the behavior of the minor change in the total estimated made by the SEFSC Director (or marine mammal immediately preceding number of takes (or distribution by designee). The incident must be and following the strike. species or years), OPR may publish a reported immediately to OPR and SERO. notice of proposed LOA in the Federal OPR and SERO will review the § 219.77 Letters of Authorization. Register, including the associated circumstances of the prohibited take (a) To incidentally take marine analysis of the change, and solicit and work with SEFSC to determine mammals pursuant to these regulations, public comment before issuing the LOA. what measures are necessary to SEFSC must apply for and obtain an (c) An LOA issued under §§ 216.106 minimize the likelihood of further LOA. of this chapter and 219.77 for the prohibited take. The immediate decision (b) An LOA, unless suspended or activity identified in § 219.71(a) may be made by SEFSC regarding continuation revoked, may be effective for a period of modified by Office of Protected of the specified activity is subject to time not to exceed the expiration date Resources (OPR) under the following OPR concurrence. The report must of these regulations. circumstances: include the information included in (c) In the event of projected changes (1) Adaptive management. OPR may paragraph (f)(2) of this section. to the activity or to mitigation and modify or augment the existing (2) SEFSC or partner shall report all monitoring measures required by an mitigation, monitoring, or reporting injured or dead marine mammals LOA, SEFSC must apply for and obtain measures (after consulting with SEFSC observed during fishery research a modification of the LOA as described regarding the practicability of the surveys that are not attributed to the in § 219.78. modifications) if doing so creates a

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reasonable likelihood of more Letter of Authorization (LOA) only if the (b) Upon close approach to the site effectively accomplishing the goals of taking occurs within the following and prior to setting the net, researchers the mitigation and monitoring set forth Texas bays: East Matagorda, Matagorda, shall conduct a dedicated observation in the preamble for these regulations. San Antonio, Aransas, Corpus Christi, for marine mammals for 15 minutes. If (i) If, through adaptive management, upper Laguna Madre and lower Laguna no marine mammals are observed the modifications to the mitigation, Madre. during this time, the net may be set. If monitoring, or reporting measures are marine mammals are observed during substantial, OPR will publish a notice of § 219.82 Effective dates. this time or while setting the net, the net proposed LOA in the Federal Register Regulations in this subpart are shall not be deployed or will be and solicit public comment. effective from [EFFECTIVE DATE OF immediately removed from the water (ii) [Reserved] FINAL RULE] through [DATE 5 YEARS until such time as the animals has left (2) Emergencies. If OPR determines AFTER EFFECTIVE DATE OF FINAL the area and is on a path away from the that an emergency exists that poses a RULE]. net site. (c) TPWD shall not set gillnets in significant risk to the well-being of the § 219.83 Permissible methods of taking. species or stocks of marine mammals dolphin ‘‘hot spots’’ defined as grids specified in LOAs issued pursuant to Under a LOA issued pursuant to where dolphins have been taken on §§ 216.106 of this chapter and 219.77, §§ 216.106 of this chapter and 219.87, more than one occasion or where an LOA may be modified without prior the Holder of the LOA (hereinafter multiple adjacent grids have had at least notice or opportunity for public ‘‘TPWD’’) may incidentally, but not one dolphin encounter. comment. Notice would be published in intentionally, take marine mammals (d) TPWD shall tie the float line/lead the Federal Register within thirty days within the areas described in § 219.81 line to the net at no more than 4-inch of the action. by Level A harassment, serious injury, intervals. or mortality associated with gillnet (e) Captured live or injured marine §§ 219.79—219.80 [Reserved] fisheries research gear provided the mammals shall be released from activity is in compliance with all terms, research gear and returned to the water PART 219—REGULATIONS conditions, and requirements of the as soon as possible with no gear or as GOVERNING THE TAKING AND regulations in this subpart and the little gear remaining on the animal as IMPORTING OF MARINE MAMMALS relevant LOA. possible. Animals are released without ■ 3. The authority citation for part 219 § 219.84 Prohibitions. removing them from the water. continues to read as follows: (f) At least one person aboard TPWD Notwithstanding takings gillnet vessel shall be trained in NMFS- Authority: 16 U.S.C. 1361 et seq. contemplated in § 219.103 and approved marine mammal handling, ■ 4. Add subpart I to part 219 to read authorized by a LOA issued under release, and disentanglement as follows: §§ 216.106 of this chapter and 219.87, procedures via attendance at NMFS no person in connection with the Highly Migratory Species/Protected Subpart I—Taking Marine Mammals activities described in § 219.81 may: Incidental to Texas Parks and Wildlife Species Safe Handling, Release, and Department Gillnet Fisheries Research in (a) Violate, or fail to comply with, the Identification Workshop the Gulf of Mexico terms, conditions, and requirements of (www.nmfs.noaa.gov/sfa/hms/ this subpart or a LOA issued under _ Sec. compliance/workshops/protected 219.81 Specified activity and specified §§ 216.106 of this chapter and 219.87; species_workshop/index.html) or other geographical region. (b) Take any marine mammal species similar training. 219.82 Effective dates. or stock not specified in the LOA; (g) Each TPWD gillnet researcher shall 219.83 Permissible methods of taking. (c) Take any marine mammal in any be familiar with NMFS Protected 219.84 Prohibitions. manner other than as specified in the Species Safe Handling and Release 219.85 Mitigation requirements. LOA; Manual. 219.86 Requirements for monitoring and (d) Take a marine mammal specified reporting. in such LOA in numbers exceeding § 219.86 Requirements for monitoring and 219.87 Letters of Authorization. those for which NMFS determines reporting. 219.88 Renewals and modifications of results in more than a negligible impact (a) Marine mammal monitoring. Letters of Authorization. TPWD shall monitor for marine 219.89–219.90 [Reserved] on the species or stocks of such marine mammal; or mammals upon 0.5 miles from sampling Subpart I—Taking Marine Mammals (e) Take a marine mammal specified site and for 15 minutes at sampling site Incidental to Texas Parks and Wildlife in such LOA if NMFS determines such prior to setting the net. Should a marine Department Gillnet Fisheries Research taking results in an unmitigable adverse mammal be observed within 0.5 miles of in the Gulf of Mexico impact on the species or stock of such the site and is on a path toward the site, marine mammal for taking for the net will not be deployed. The net § 219.81 Specified activity and specified subsistence uses. may only be deployed if marine geographical region. mammals are observed on a path away (a) Regulations in this subpart apply § 219.85 Mitigation requirements. from the site consistently for 15 minutes only to the Texas Parks and Wildlife When conducting the activities or are not re-sighted within 15 minutes. Department (TPWD) and those persons identified in § 219.81(a), the mitigation Should a marine mammal be observed acting under its authority during gillnet measures contained in any LOA issued within 0.5 miles of the site and is on a fishery research surveys for the taking of under §§ 216.106 of this chapter and path toward the site, the net will not be marine mammals that occurs in the area 219.87 must be implemented. These deployed. Should a marine mammal be outlined in paragraph (b) of this section mitigation measures shall include but observed during the 15-minute and that occurs incidental to research are not limited to: observation period at the site, the net survey program operations. (a) Only new or fully repaired gillnets shall not be deployed. The net may only (b) The taking of marine mammals by shall be used. No holes greater than six be deployed if marine mammals are TPWD may be authorized in a 5-year inches are permitted. observed on a path away from the site

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consistently for 15 minutes or are not re- (2) These reports shall contain, at those described and analyzed for these sighted within 15 minutes. minimum, the following: regulations (excluding changes made (b) Reporting of injured or dead (i) Locations and time/date of all net pursuant to the adaptive management marine mammals. (1) In the sets; provision in paragraph (c)(1) of this unanticipated event that the activity (ii) All instances of marine mammal section); and defined in § 219.81(a) clearly causes the observations and descriptions of any (2) OPR determines that the take of a marine mammal in a mitigation procedures implemented or mitigation, monitoring, and reporting prohibited manner, NMFS Office of not implemented and why; measures required by the previous LOA Protected Resources (OPR) and NMFS (iii) All incidents of marine mammal Southeast Regional Office (SERO). interactions, including all information under these regulations were TPWD shall not set any more nets until required in paragraph (b) of this section; implemented; such time as an appropriate decision (iv) A written evaluation of the (b) For an LOA modification or regarding activity continuation can be effectiveness of TPWD mitigation renewal requests by the applicant that made by NMFS OPR and SERO. OPR strategies in reducing the number of include changes to the activity or the and SERO will review the marine mammal interactions with mitigation, monitoring, or reporting circumstances of the prohibited take survey gear, including gear (excluding changes made pursuant to and work with SEFSC to determine modifications and best professional the adaptive management provision in what measures are necessary to judgment and suggestions for changes to paragraph (c)(1) of this section) that do minimize the likelihood of further the mitigation strategies, if any; not change the findings made for the prohibited take. The report must (v) A summary of all relevant marine regulations or result in no more than a include the information included in mammal training and any coordination minor change in the total estimated with OPR and SERO. paragraph (b)(2) of this section, details number of takes (or distribution by of research survey, monitoring § 219.87 Letters of Authorization. species or years), OPR may publish a conducted prior to interaction, full notice of proposed LOA in the Federal descriptions of any observations of the (a) To incidentally take marine Register, including the associated animals, the context (vessel and mammals pursuant to these regulations, analysis of the change, and solicit conditions), decisions made, and SEFSC must apply for and obtain an public comment before issuing the LOA. rationale for decisions made in vessel LOA. and gear handling. (b) An LOA, unless suspended or (c) An LOA issued under §§ 216.106 (2) TPWD shall report all injured or revoked, may be effective for a period of of this chapter and 219.87 for the dead marine mammals observed during time not to exceed the expiration date activity identified in § 219.71(a) may be fishery research surveys that are not of these regulations. modified by Office of Protected attributed to the specified activity to the (c) In the event of projected changes Resources (OPR) under the following Southeast Regional Stranding to the activity or to mitigation and circumstances: monitoring measures required by an Coordinator within 24 hours. The (1) Adaptive Management. OPR may following information shall be provided: LOA, TPWD must apply for and obtain a modification of the LOA as described modify or augment the existing (i) Time, date, and location (latitude/ mitigation, monitoring, or reporting longitude) of the incident; in § 219.88. (d) The LOA shall set forth: measures (after consulting with SEFSC (ii) Description of the incident (1) Permissible methods of incidental regarding the practicability of the including, but not limited to, taking; modifications) if doing so creates a monitoring prior to and occurring at (2) Means of effecting the least time of incident; reasonable likelihood of more practicable adverse impact (i.e., (iii) Environmental conditions (e.g., effectively accomplishing the goals of mitigation) on the species, its habitat, wind speed and direction, Beaufort sea the mitigation and monitoring set forth and on the availability of the species for state, cloud cover, visibility); in the preamble for these regulations. subsistence uses; and (i) If, through adaptive management, (iv) Description of all marine mammal (3) Requirements for monitoring and the modifications to the mitigation, observations in the 24 hours preceding reporting. the incident; (e) Issuance of the LOA shall be based monitoring, or reporting measures are (v) Species identification or on a determination that the level of substantial, OPR will publish a notice of description of the animal(s) involved; taking will be consistent with the proposed LOA in the Federal Register (vi) Status of all sound source or gear findings made for the total taking and solicit public comment. used in the 24 hours preceding the allowable under these regulations. (ii) [Reserved] incident; (f) Notice of issuance or denial of an (2) Emergencies. If OPR determines (vii) Water depth; LOA shall be published in the Federal (viii) Fate of the animal(s) (e.g. dead, that an emergency exists that poses a Register within thirty days of a significant risk to the well-being of the injured but alive, injured and moving, determination. blood or tissue observed in the water, species or stocks of marine mammals status unknown, disappeared, etc.); and § 219.88 Renewals and modifications of specified in LOAs issued pursuant to (ix) Photographs or video footage of Letters of Authorization. §§ 216.106 of this chapter and 219.87, the animal(s). (a) An LOA issued under §§ 216.106 an LOA may be modified without prior (c) Annual reporting. (1) TPWD shall of this chapter and 219.87 for the notice or opportunity for public submit an annual summary report to activity identified in § 219.81(a) shall be comment. Notice would be published in OPR not later than ninety days renewed or modified upon request by the Federal Register within thirty days following the end of the fall sampling the applicant, provided that: of the action. season. TPWD shall provide a final (1) The proposed specified activity report within thirty days following and mitigation, monitoring, and § 219.89–219.90 [Reserved] resolution of comments on the draft reporting measures, as well as the [FR Doc. 2019–02738 Filed 2–26–19; 8:45 am] report. anticipated impacts, are the same as BILLING CODE 3510–22–P

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