Federal Register/Vol. 85, No. 88/Wednesday, May 6, 2020/Rules

27028 Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Rules and Regulations

DEPARTMENT OF COMMERCE research conducted by the SEFSC (in • Limit gear set times (varies based on the Atlantic Ocean and associated gear type). National Oceanic and Atmospheric estuaries, Gulf of Mexico and associated • Haul gear immediately if marine Administration estuaries, and Caribbean Sea). SEFSC mammals may interact with gear. fisheries research has the potential to • Utilize dedicated marine mammal 50 CFR Part 219 take marine mammals due to possible observations during select surveys. • Prohibit chumming. [Docket No. 200409–0108] physical interaction with fishing gear • (e.g., trawls, gillnets, hook-and-line Continue investigation on the RIN 0648–BG44 gear) and exposure to noise generated by effectiveness of modifying lazy lines to SEFSC sonar devices (e.g., reduce bottlenose dolphin entanglement Taking and Importing Marine echosounders, side-scan sonar). The risk. Mammals; Taking Marine Mammals • SEFSC submitted an application to Establish and convene the South Incidental to Southeast Fisheries NMFS requesting 5-year regulations and Carolina Department of Natural Science Center Fisheries Research a letter of authorization (LOA) to take Resources (SCDNR) Working Group to better understand bottlenose dolphin AGENCY: National Marine Fisheries multiple species and stocks of marine entanglement events and apply effective Service (NMFS), National Oceanic and mammals in the three specified research areas (Atlantic, Gulf of Mexico, and mitigation strategies. Atmospheric Administration (NOAA), We note that in the proposed rule (84 Caribbean). The SEFSC requested, and Commerce. FR 6576, February 27, 2019), we NMFS has authorized, take, by ACTION: Final rule, notification of proposed regulations that would have mortality, serious injury, and Level A issuance. applied separately both to the SEFSC harassment, incidental to the use of and Texas Parks and Wildlife SUMMARY: NMFS’s Office of Protected various types of fisheries research gear Department (TPWD). Since that time, Resources (OPR), upon request from and Level B harassment incidental to new information has emerged regarding NMFS’s Southeast Fisheries Science the use of active acoustic survey TPWD’s activity that NMFS is Center (SEFSC), hereby issues sources. The regulations are valid from considering before making final regulations to govern the unintentional June 5, 2020, through June 5, 2025. taking of marine mammals incidental to decisions regarding the take of marine fisheries research conducted in the Legal Authority for the Action mammals incidental to TPWD’s gillnet fishing. Here, we announce issuance of Atlantic Ocean along the southeastern Section 101(a)(5)(A) of the MMPA (16 regulations for SEFSC only. U.S. coast and select estuaries, the Gulf U.S.C. 1371(a)(5)(A)) directs the of Mexico and select estuaries, and the Secretary of Commerce to allow, upon Background Caribbean Sea over the course of 5 request, the incidental, but not Sections 101(a)(5)(A) and (D) of the years. These regulations, which allow intentional taking of small numbers of MMPA (16 U.S.C. 1361 et seq.) direct for the issuance of Letters of marine mammals by U.S. citizens who the Secretary of Commerce (as delegated Authorization (LOA) for the incidental engage in a specified activity (other than to NMFS) to allow, upon request, the take of marine mammals during the commercial fishing) within a specified incidental, but not intentional, taking of described activities and specified geographical region for up to 5 years if, small numbers of marine mammals by timeframes, prescribe the permissible after notice and public comment, the U.S. citizens who engage in a specified methods of taking and other means of agency makes certain findings and activity (other than commercial fishing) effecting the least practicable adverse issues regulations that set forth within a specified geographical region if impact on marine mammal species or permissible methods of taking pursuant certain findings are made and either stocks and their habitat, as well as to that activity, as well as monitoring regulations are issued or, if the taking is requirements pertaining to the and reporting requirements. limited to harassment, a notice of a monitoring and reporting of such taking. Section 101(a)(5)(A) of the MMPA and proposed authorization is provided to DATES: Effective from June 5, 2020, the implementing regulations at 50 CFR the public for review. through June 5, 2025. part 216, subpart I provide the legal An authorization for incidental ADDRESSES: A copy of the SEFSC’s basis for issuing these final rules takings shall be granted if NMFS finds application and supporting documents, containing 5-year regulations and that the taking will have a negligible as well as a list of the references cited subsequent Letters of Authorization. As impact on the species or stock(s), will in this document, may be obtained directed by this legal authority, these not have an unmitigable adverse impact online at: www.fisheries.noaa.gov/ final rules contain mitigation, on the availability of the species or action/incidental-take-authorization- monitoring, and reporting requirements. stock(s) for subsistence uses (where noaa-fisheries-afsc-fisheries-and- Summary of Major Provisions Within relevant), and if the permissible ecosystem-research. In case of problems the Regulations methods of taking and requirements accessing these documents, please call pertaining to the mitigation, monitoring the contact listed below. Following is a summary of the major and reporting of such takings are set FOR FURTHER INFORMATION CONTACT: provisions for the SEFSC within the forth. Jaclyn Daly, Office of Protected final rulemaking. The SEFSC is required NMFS has defined ‘‘negligible Resources, NMFS, (301) 427–8401. to: impact’’ in 50 CFR 216.103 as an impact • SUPPLEMENTARY INFORMATION: Delay setting or haul in gear if resulting from the specified activity that marine mammal interaction may occur. cannot be reasonably expected to, and is Purpose and Need for Regulatory • Monitor prior to and during sets for not reasonably likely to, adversely affect Action signs of potential marine mammal the species or stock through effects on These regulations, issued under the interaction. annual rates of recruitment or survival. authority of the MMPA (16 U.S.C. 1361 • Implement the ‘‘move-on rule’’ The MMPA states that the term ‘‘take’’ et seq.), establishes a framework for mitigation strategy during select surveys means to harass, hunt, capture, kill or authorizing the take of marine mammals (note: this measure does not apply to attempt to harass, hunt, capture, or kill incidental to fisheries-independent bottlenose dolphins). any marine mammal.

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Except with respect to certain chartered vessels in the state and funded based on proposals developed activities not pertinent here, the MMPA Federal waters of the Atlantic Ocean by many independent researchers and defines ‘‘harassment’’ as any act of south of Virginia, Gulf of Mexico, and fishing industry participants. The exact pursuit, torment, or annoyance which (i) Caribbean Sea. All work will occur location of survey effort also varies year has the potential to injure a marine within the Exclusive Economic Zone to year (albeit in the same general area) mammal or marine mammal stock in the (EEZ), except for two surveys which because they are often based on wild (Level A harassment); or (ii) has may occur outside the EEZ. randomized sampling designs. Year- the potential to disturb a marine The SEFSC plans to administer, fund, round, in all research areas, one or more mammal or marine mammal stock in the or conduct 74 fishery-independent of the surveys planned has the potential wild by causing disruption of behavioral survey programs over the 5-year period to take marine mammals. patterns, including, but not limited to, the regulations are effective (see Table Specified Geographic Region migration, breathing, nursing, breeding, 1–1 in the SEFSC’s application). The feeding, or sheltering (Level B SEFSC works with 18 Federal, state, or The SEFSC conducts research in three harassment). academic partners to conduct these research areas: The Atlantic Ocean from surveys (see Table 1–1 in SEFSC’s North Carolina to Florida and associated Summary of Request application for a list of cooperating estuaries (ARA), the Gulf of Mexico and On May 4, 2015, NMFS OPR received research partners). Of the 74 surveys, associated estuaries (GOMRA), and the an application from the SEFSC for a only 38 involve gear and equipment Caribbean around Puerto Rico and the rulemaking and associated 5-year Letter with the potential to take marine US Virgin Islands (CRA). Research of Authorization (LOA) to take marine mammals. Gear types include towed surveys occur both inside and outside mammals incidental to fisheries trawl nets fished at various levels in the the U.S. Exclusive Economic Zone research activities conducted by the water column, seine nets, traps, longline (EEZ), and sometimes span across SEFSC and 18 cooperating research and other hook and line gear. Surveys multiple ecological, physical, and partners in the Atlantic Ocean Research using any type of seine net (e.g., political boundaries (see Figure1–2 in Area (ARA), Gulf of Mexico Research gillnets), trawl net, or hook and line the SEFSC’s application for map). With Area (GOMRA), and Caribbean Research (e.g., longlines) have the potential for respect to gear, Appendix B in the Area (CRA). The SEFSC submitted a marine mammal interaction (e.g., NMFS PEA includes a table and figures revised draft in October 2015, followed entanglement, hooking) resulting in M/ showing the spatial and temporal by another revision on April 6, 2016, SI harassment. In addition, the SEFSC distribution of fishing gear used during which we deemed adequate and conducts hydrographic, oceanographic, SEFSC research. and meteorological sampling concurrent complete. On April 22, 2016 (81 FR The three research areas fully or 23677), we published a notice of receipt with many of these surveys which requires the use of active acoustic partially encompass four Large Marine of the SEFSC’s application and, Ecosystems (LMEs): The Northeast U.S. subsequently, on February 27, 2019, a devices (e.g., side-scan sonar, echosounders). These active sonars Continental Shelf LME (NE LME), the notice of proposed rulemaking in the Southeast U.S. Continental Shelf LME Federal Register (84 FR 6576) that result in elevated sound levels in the water column, resulting in the potential (SE LME), the Gulf of Mexico LME, requested comments and information (GOM LME), and the Caribbean Sea related to the SEFSC’s request for 30 to behaviorally disturb marine mammals resulting in Level B harassment. LME (CS LME). LMEs are large areas of days. The SEFSC request is for the take coastal ocean space, generally include of 15 species of marine mammals by Many SEFSC surveys only occur at certain times of the year to align with greater than 200,000 square kilometers mortality, serious injury, and Level A (km2) of ocean surface area and are harassment (hereafter referred to as ‘‘M/ the target species and age class being researched (see Table 1–1 in SEFSC’s located in coastal waters where primary SI’’) and 34 species of marine mammals productivity is typically higher than in by Level B harassment. application). However, in general, the SEFSC conducts some type of sampling open ocean areas. LME physical Description of the Specified Activity year round in various locations. Specific boundaries are based on four ecological dates and duration of individual surveys criteria: Bathymetry, hydrography, Overview are inherently uncertain because they productivity, and trophic relationships. The SEFSC is the research arm of are based on congressional funding NOAA has implemented a management NMFS in the Southeast Region. The levels, weather conditions, and ship approach designed to improve the long- SEFSC plans, develops, and manages a contingencies. For example, some term sustainability of LMEs and their multidisciplinary program of basic and surveys are only conducted every 2 or resources by using practices that focus applied research to generate the 3 years or when funding is available. on ensuring the sustainability of the information necessary for the Timing of the surveys is a key element productive potential for ecosystem conservation and management of the of their design. Oceanic and goods and services. Figure 2–1 in the region’s living marine resources, atmospheric conditions, as well as ship SEFSC’s application shows the location including the region’s marine and contingencies, often dictate survey and boundaries of the three research anadromous fish and invertebrate schedules even for routinely-conducted areas with respect to LME boundaries. populations to ensure they remain at surveys. In addition, cooperative We note here that, while the SEFSC sustainable and healthy levels. The research is designed to provide specified geographical region extends SEFSC collects a wide array of flexibility on a yearly basis in order to outside of the U.S. EEZ, into the information necessary to evaluate the address issues as they arise. Some Mexican EEZ (not including Mexican status of exploited fishery resources and cooperative research projects last territorial waters), the MMPA’s the marine environment from fishery multiple years or may continue with authority does not extend into foreign independent (i.e., non-commercial or modifications. Other projects only last territorial waters. A complete recreational fishing) platforms. Surveys one year and are not continued. Most description of the SEFSC’s three are conducted from NOAA-owned and cooperative research projects go through research areas is provided in the operated vessels, NOAA chartered an annual competitive selection process proposed rule (84 FR 6576, February 27, vessels, or research partner-owned or to determine which projects should be 2019) and Chapter 3 of the Final PEA.

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Detailed Description of Activities or have received other support (e.g., SEFSC survey activities. Appendix A of To carry out this research, the SEFSC gear) by the SEFSC. SEFSC scientists the SEFSC’s application contains proposes to administer or conduct 74 conduct fishery-independent research detailed descriptions, pictures, and survey programs during the 5-year onboard NOAA-owned and operated diagrams of all research gear and vessels period the proposed regulations would vessels or chartered vessels while used by the SEFSC and partners under be effective. However, only 44 surveys partners conduct research aboard this rulemaking. We provided a detailed have the potential to take marine NOAA, their own or chartered vessels. description of the SEFSC planned mammals from gear interaction or Table 1 provides a summary of annual research activities, gear types, fishing acoustic harassment. Surveys would be projects including survey name, entity methods, and active acoustic sound carried out by SEFSC scientists alone or conducting the survey, location, gear sources used in the notice of rulemaking in combination with Federal, state, or type, and effort. The information (84 FR 6576; February 27, 2019) and do academic partners while some surveys presented here augments the more not repeat that information here. There would be carried out solely by detailed table included in the SEFSC’s are no changes to the specified cooperating research partners. Surveys application. In the subsequent section, activities, gear types, fishing methods, not conducted by SEFSC staff are we describe relevant active acoustic or active acoustic sound sources included here because they are funded devices, which are commonly used in described in that document. 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. (A) 24 sets. depths...... (B) 50 sets. (A) Apalachee Bay ...... (A) Jan–Dec, 12 DAS (1/ Bottom longline ...... 74 sets/yr total. month). (A) 24 total. (B) Alligator Pt.—Anclote (B) June & July, 20 DAS, (B) 50 total. Keys. daytime operations only. 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 km2 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, 180–200 dance Survey, FL backcountry region, DAS (6–7 DAS/trip), Pristis. ployment. 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 Survey- U.S. GOM ...... Intermittent, Feb–May, 30 USCG R/V: R/V Oregon Pelagic longline ...... 100–125 sets. 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 CTD Profiler ...... 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 AL—32 casts. Chandeleur, and Bret- ations only. Franks, R/V Nueces, LA—40. on Sound, and the R/V SanJacinto; USCG area east of the R/V: R/V Blazing Chandeleur Islands. Seven (2011–2014).

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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)

LA—LA waters west of LA—30 DAS, day oper- ...... Water quality and chem- MS—40 casts. the MS River. ations only. istry (YSI instruments, TX—20. TX—near Aransas Pass TX—10 DAS, day oper- Niskin bottles, turbidity and Bolivar Roads ations only. meter). 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 (MDMR) 1. Bay, 1–2 m depths. DAS, day operations I, R/V Grav II, R/V trawls total. only. Grav IV. IJA Inshore Finfish Trawl MS state waters from Annually, Jan–Dec, 12 USCG Class I: Small Otter trawl ...... 72 trawls. Survey (MDMR)1. Bay St. Louis, to ap- DAS, day operations vessel R/V Geoship. proximately 2 miles only. south Cat Island, 1–8 m depths. IJA Open Bay Shellfish TX state waters in Gal- Annually, Jan–Dec, 120 USCG Class I: Small Otter trawl ...... 90 trawls/month, 1080 Trawl Survey (TPWD) 1. veston, Matagorda, DAS, day operations vessel. Water quality and chem- trawls total. Aransas, and Corpus only. USCG Class II: R/V Trin- istry (YSI instruments, Christi Bays and the ity Bay, R/V Copano Niskin bottles, turbidity lower Laguna Madre, Bay, R/V RJ Kemp. meter). 1–10 m depths. 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 60 casts. (SEFSC) 1. operations, * conducted Trawl. Tow speed: 0. in 2009 & 2010 and in CTD profiler and rosette Duration: 60–90 min. the future as funding water sampler. allows. 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. Continuous. ations (set/haul any- Simrad ME70 Multi-Beam time day or night). 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 9– & July) and fall (Oct– ity Bay, R/V Copano CTD profiler and rosette tween seasons unless vey (SEFSC, FFWCC, 110–360 m. Nov), effort evenly di- Bay, R/V RJ Kemp. water sampler\uses noted. ADCNR, USM/GCRL, vided between sea- USCG Class III: R/V A.E. YSI Datasonde 6600 SEFSC—345 trawls LDWF) 1. sons unless noted; all Verrill, R/V Alabama v2–4. (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. SEFSC—395 casts only). USCG R/V: R/V Oregon (summer), 305 (fall). AL—6 DAS ...... II, R/V Tommy Munro, FL—200 (summer only). MS—6 DAS ...... R/V Weatherbird II, R/ AL—20. LA—5 DAS ...... V Pelican, R/V Blazing MS—81. Seven (2011–2014), R/ LA—39. V Point Sur. 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 (SEFSC) 1. Sound, Chandeleur tative depending on Caretta. 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.

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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)

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, 1–2 m 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 USCG Class II: oyster reefs: Pass only. R/V Silvership. Christian Complex, Pass Marianne Reef, Telegraph Reef and St. Joe Reef, in 5–15 ft depths. 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 Expendable bathy- 300 units. (SEFSC) 1. anytime day or night). thermographs. 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, USCG Class III: Chevron fish trap out- 100 sets. Survey, (SEFSC). only. R/V Caretta , R/V De- fitted with one GoPro fender, 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 USCG LA: 100 sets total. GCRL). 500 ft and LA waters Sep), 9 DAS, day op- R/V: R/V Blazing TX: 165 sets total. west of the Mississippi erations only LA and Seven (2011–2014), River across three TX: Annually, April–Oct. Poseidon, Trident R/V depth strata (60–120 ft, 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. Acadiana. LA: Annually, June, Sep, USCG R/V: R/V Blazing Neuston net ...... AL: 6 tows...... 2 DAS, day operations Seven (2011–2014), R/ LA: 9 tows...... only. V Point Sur; R/V De- MS/FL: 20 tows.. fender. MS: Annually, May and CTD Profiler ...... AL: 6 casts. Sep, 4 DAS, 24 hour LA: 9 casts. operations. MS/FL: 20 casts.

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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–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 Mariner, R/V Sonic, R/ V Johnson, chartered fishing vessels. USCG Small R/V: R/V Chevron fish trap ...... 300–450 sets. Bellows, R/V Apalachee USCG R/V:. R/V Weatherbird ...... CTD profiler ...... 300 casts. 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). 400–600 casts. 15–500 ft. Approxi- (cameras, traps, ban- R/V Oregon II. CTD Profiler ...... 120 sets. mately 7.0% of this dit—daytime only), 12 USCG R/V: Southern Bandit Reels ...... 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 (4dives 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. Bottom Longline Shark waters off Virginia. day operations only. Survey, (VIMS) 1. Hydrolab MS5 Sonde ..... 50 casts. 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° Aug–Oct, 10–20 DAS, Lady Lisa. CTD profiler ...... 60 casts. vey, (SCDNR) 1. N, but mostly off GA day operations only. and SC). Sampling oc- *Halted in 2012 but will curs 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° primarily Apr–Oct, 70– fitted with two cameras. 60 sets. (SCDNR) 1 * Inactive N). 120 DAS, day oper- Bottom longline ...... 400 sets. 2012–2014. ations only. Bandit reels ...... 300 casts. CTD profiler ......

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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)

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. CTD profiler and rosette 70 casts. vey-SA, (SEFSC) 1. between bottom depths ations (set/haul any- USCG R/V: R/V Oregon water sampler. 0–20 tows. (See also effort con- 9–183 m. time day or night). II, R/V Gordon Gunter. Neuston and bongo effort ducted in the GOMRA). if needed to augment SEAMAP plankton objectives. 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. YSI (Dissolved oxygen, SC: 360 sets. vey, (NCDEQ, SCDNR, of Ocracoke Inlet. (2 days/week for 12 USCG Class III: R/V salinity, temperature). GA: 200–275 sets. GDNR) 1. SC: Estuaries out to 10 weeks), 24 DAS, 12 Marguerite,R/V Silver NC: 75–100 casts. miles in Winyah Bay, hour operations, begin- Crescent. SC: 360 casts. Charleston Harbor, St. ning at dusk. GA: 200–275 casts. Helena Sound, and Port Royal Sound. GA: State and Federal SC: Aug–Dec, day oper- waters off the coast of ations only. GA and NE FL, 36 DAS ...... (∼32°05′ N latitude to GA: Apr–Dec (6 days/ the north, 29°20′ N lati- month), 54 DAS, day tude to the south, operations only. 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 3 nm, 10–35 ft days/month), 84 DAS, Anna. YSI 85 (Dissolved oxy- trawls total. (GDNR) 1. depths. day operations only. gen, salinity, tempera- 504 casts total. ture). 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 YSI 85 (Dissolved oxy- trawls total. systems (Ossabaw, Al- day operations only. Parker. gen, salinity, tempera- 216 casts total. tamaha, and St. An- ture). drew). 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 60 casts. (SEFSC) 1 * Currently deep. operations (trawls may Trawl. Inactive. be set and retrieved CTD profiler and rosette day or night). water sampler. * conducted as funding allows. 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. 54 casts each month, ≥6 ft deep. Ponar grab ...... 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. 40 samples. (SEFSC) * Currently in- Biscayne Bay, Sanibel only. Dip net ...... 40 sets. active. shrimp fishery, Bag seine ...... 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. 300 units. Survey–SA (SEFSC) 1. operations. Expendable bathy- thermographs. 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 * Currently River, FL inlet system operations only. 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- 1,000 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- CTD profiler ...... 100–200 casts. Reef NMS. ations, acoustics—any- Simrad ME70 Multi-Beam Continuous. time day or night). 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. 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).

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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)

Demographic Monitoring Florida Keys National 3 × 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- Expendable bathy- anytime day or night. thermographs. 300 units. 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, (Day USCG Class I & III: Camera array—two PR: 120 per coast total Survey (PR–DNER, and Federal waters at operations only). Three chartered ves- GoPro cameras and of 240. USVI–DFW). 15–300 ft depths. PR: 70 DAS for each sels. 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. Caribbean, 100 ft deep. DAS, day operations vessel <24 ft. sticks, 30 cm rule and (SEFSC). only. digital camera. SEAMAP–C Queen PR and USVI territorial Annually, ...... USCG Class I & III:Three SCUBA divers, SCUBA PR: 100 dives Conch Visual Survey, waters in 10–90 ft PR: July–Nov, 35 DAS ... chartered vessels. gear and underwater USVI: 62 dives. (PR–DNER, USVI– depths, some sampling USVI: June–Oct, 62 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. SEAMAP–C Spiny Lob- PR and USVI territorial Annually, ...... USCG Class I & III:Three Juvenile lobster artificial 10 shelters, continuous ster Artificial Habitat waters in 6–90 ft PR: Jan–Dec, 84 DAS ... chartered vessels. shelters. deployment. Survey, (PR–DNER, depths. USVI: Jan–Dec, 20 DAS, 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.

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Description of Fishing Gear—A Description of Active Acoustic Sound February 27, 2019) and the PEA. We complete description of fishery- Sources—A wide range of active refer the reader to those documents for independent survey gear and vessels acoustic devices are used in SEFSC a detailed description of gear, fishing used by the SEFSC is provided in the fisheries surveys for remotely sensing methods, and acoustic source proposed rule (84 FR 6576, February 27, bathymetric, oceanographic, and characteristics. A summary table of 2019) and Appendix A of the PEA. We biological features of the environment. source operational parameters is below refer the reader to those documents for A complete description of acoustic (Table 2). a detailed description of gear and sources used by the SEFSC is provided fishing methods. in the proposed rule (84 FR 6576,

TABLE 2—OPERATING CHARACTERISTICS OF SEFSC ACTIVE ACOUSTIC SOURCES

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

Simrad EK60 narrow beam echosounder ...... 18, 38, 70, 224 11° @18 kHz 0.0142 0.1411 120, * 200, 7° @38 kHz ... * 333 Simrad ME70 multibeam echosounder ...... 70–120 205 140° ...... 0.0201 0.0201 Teledyne RD Instruments ADCP, Ocean Surveyor ...... 75 223.6 N/A ...... 0.0086 0.0187 Simrad EQ50 ...... 50, * 200 210 16 @50kHz .... 0.0075 0.008 7 @200kHz .... 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.

Comments and Responses al., 2001 when claiming Bryde’s whales taking by Level B harassment resulting NMFS published a notice of proposed also have been observed in waters off from the use of echosounders, other rulemaking in the Federal Register on Puerto Rico and the U.S. Virgin Islands sonars, and subbottom profilers. February 27, 2019 (84 FR 6576) and and generally occur in nearshore and NMFS Response: NMFS is currently requested comments and information shelf edge waters. However, both NMFS in the process of developing guidance to from the public. During the 30-day and the SEFSC reviewed the referenced assist potential applicants in assessing public comment period, we received documents and cannot find this whether a take is likely to result from letters from the Marine Mammal information. Whitt et al. (2011) particular activities. In the meanwhile, Commission (Commission) and confirmed one (likely extralimital) we provide assistance and guidance as comments from four public citizens. We northeastern Caribbean stranding record requested to interested parties on a case- provide a summary of the comments from the Dominican Republic in July by-case basis. and our full responses here and have 1974 (Mead, 1977). Sightings designated Comment 3: The Commission posted the public comments on our as sei whales in the northeastern recommends that NMFS require SEFSC website: https://www.fisheries.noaa.gov/ Caribbean (Erdman, 1970; Erdman et al., to estimate the numbers of marine permit/incidental-take-authorizations- 1973; Mignucci-Giannoni, 1989) are not mammals taken by Level B harassment under-marine-mammal-protection-act confirmed records. Neither photos nor incidental to the use of active acoustic and on the Federal e-Rulemaking Portal clear diagnostic features were provided sources (e.g., echosounders) based on at www.regulations.gov (enter 0648– for these unconfirmed records; the the 120-decibel (dB) rather than the 160- BG44 in the ‘‘Search’’ box and scroll species identification was based on dB root mean square (rms) sound down to the Comments section). behavioral characteristics. Likewise, pressure level (SPL) threshold. They Comment 1: The Commission there are no confirmed records of sei alternatively suggest that NMFS require recommends that NMFS revise Table 3a whales in Cuban waters. There is also the SEFSC to estimate take based on in the Federal Register notice to include no indication that fin whales are not acoustic thresholds developed by the fin, sei, and Bryde’s whales as marine rare in the CRA. Based on this review, U.S. Navy, including the Navy’s mammals that potentially occur in the NMFS determined the Commission’s unweighted 120 dB re 1 mPa threshold CRA and revise its analyses and take recommendation was not supported and for harbor porpoises and the various estimates as necessary. we did not include take of fin, sei, and biphasic dose response functions for the NMFS Response: Fin, sei and Bryde’s Bryde’s whales in the final rule. other marine mammal species. whales are extralimital or rarely sighted Comment 2: The Commission Response: The Commission repeats a in the CRA. While Bryde’s whales provides general recommendations—not recommendation made in prior letters routinely occur in the southern specific to the proposed SEFSC concerning the proposed authorization Caribbean off (e.g., off the coast of rulemaking—that NMFS provide of take incidental to use of scientific Venezuela), they are rare in the SEFSC’s interim guidance based on various sonars (such as echosounders). As we CRA in the northern Caribbean. There is criteria (e.g., source level, peak have described in responding to those one record from Puerto Rico (Mignucci- frequency, bandwidth, signal duration prior comments (e.g., 83 FR 36370), our Giannoni et al. 1998) and one from Cuba and duty cycle, affected species or evaluation of the available information (Whitt et al. 2011). The Commission stocks) for determining when leads us to disagree with this cited Erdman et al., 1973 and Ward et prospective applicants should request recommendation. We provide a full

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response to this comment in our notice sound sources. In support of their on acoustic sources with frequencies of issuance of an IHA to Alaska statement that numerous researchers above 180 kHz (i.e., Deng et al., 2014; Fisheries Science Center Final Rule (84 have observed marine mammals Hastie et al., 2014) and recommends FR 46788, September 5, 2019) with a responding to sound from sources that we estimate numbers of takes summary here. First, the Commission claimed to be similar to those associated with those acoustic sources misinterprets how NMFS characterizes considered herein, the Commission (or similar acoustic sources) with scientific sonars and claims that we are indeed cites numerous studies. frequencies above 180 kHz that have using an incorrect threshold because However, the vast majority of these been shown to elicit behavioral scientific sonars do not produce address responses of harbor porpoise or responses above the 120-dB threshold. impulse noise. Sound sources can be beaked whales to various types of Response: As the Commission divided into broad categories based on acoustic alarms or deterrent devices. acknowledges, we considered the cited various criteria or for various purposes. With respect to the Commission’s information in our Notice of Proposed As discussed by Richardson et al. recommendation that the SEFSC adopt Rulemaking. NMFS’ response regarding (1995), source characteristics include the Navy’s dose-response models to the appropriateness of the 120-dB strength of signal amplitude, estimate take, we find several reasons versus 160-dB rms thresholds was distribution of sound frequency and, why this suggestion should not be provided above in the response to importantly in context of these implemented. First, the data on which Comment #3. In general, the referenced thresholds, variability over time. With the Navy’s dose-response curves are literature indicates only that sub- regard to temporal properties, sounds based are primarily from marine harmonics could be detectable by are generally considered to be either mammal exposure to military tactical certain species at distances up to several continuous or transient (i.e., sonar, a source not relevant to the hundred meters. As we have noted in intermittent). Continuous sounds, SEFSC. Second, for reasons referenced previous responses, behavioral response which are produced by the industrial above, we do not agree that a 120 dB to a stimulus does not necessarily noise sources for which the 120-dB threshold is appropriate, especially the indicate that Level B harassment, as behavioral harassment threshold was step-function created for harbor defined by the MMPA, has occurred. selected, are simply those whose sound porpoise considering that this species is Source levels of the secondary peaks pressure level remains above ambient non-existent in the GOMRI and CRA considered in these studies—those sound during the observation period and limited in the ARA. Lastly, NMFS within the hearing range of some marine (ANSI, 2005). Intermittent sounds are does not require applicants to adopt mammals—mean that these sub- defined as sounds with interrupted another applicant’s model, especially harmonics would either be below the levels of low or no sound (NIOSH, complex biphastic models, when the threshold for Level B harassment or 1998). Simply put, a continuous noise proposed take estimate approach is would attenuate to such a level within source produces a signal that continues appropriate, which it was in this case. a few meters. Beyond these important over time, while an intermittent source Therefore, NMFS did not adopt the study details, these high-frequency (i.e., produces signals of relatively short Navy’s dose-response model to estimate Category 1) sources and any energy they duration having an obvious start and take. may produce below the primary Finally, we acknowledge that the end with predictable patterns of bursts frequency that could be audible to Commission presents legitimate points of sound and silent periods (i.e., duty marine mammals would be dominated in support of defining a threshold by a few primary sources (e.g., EK60) cycle) (Richardson and Malme, 1993). It specific to non-impulsive, intermittent that are operated near-continuously— is this fundamental temporal distinction sources and that, among the large much like other Category 2 sources that is most important for categorizing number of cited studies, there are a few considered in our assessment of sound types in terms of their potential that show relevant results of individual potential incidental take from SEFSC’s to cause a behavioral response. animals responding to exposure at lower use of active acoustic sources—and the The Commission relies heavily on the received levels in ways that could be potential range above threshold would use of examples pertaining to the most considered harassment. As noted in a be so small as to essentially discount sensitive species, which does not previous comment response, NMFS is them. Further, recent sound source support an argument that the 120-dB currently engaged in an ongoing effort verification testing of these and other threshold should be applied to all towards developing updated guidance similar systems did not observe any sub- species. NMFS has acknowledged that regarding the effects of anthropogenic harmonics in any of the systems tested the scientific evidence indicates that sound on marine mammal behavior. under controlled conditions (Crocker certain species are, in general, more However, prior to conclusion of this and Fratantonio, 2016). While this can acoustically sensitive than others. In effort, NMFS will continue using the occur during actual operations, the particular, harbor porpoise and beaked historical Level B harassment thresholds phenomenon may be the result of issues whales are considered to be (or derivations thereof) and will with the system or its installation on a behaviorally sensitive, and it may be appropriately evaluate behavioral vessel rather than an issue that is appropriate to consider use of lower harassment due to intermittent sound inherent to the output of the system. behavioral harassment thresholds for sources relative to the 160-dB threshold. There is no evidence to suggest that these species. NMFS is considering this Comment 4: The Commission notes Level B harassment of marine mammals issue in its current work of developing that NMFS has delineated two should be expected in relation to use of new guidelines for assessing behavioral categories of acoustic sources, largely active acoustic sources at frequencies harassment. However, until this work is based on frequency, with those sources exceeding 180 kHz. completed and new guidelines are operating at frequencies greater than the Comment 5: The Commission identified (if appropriate), the existing known hearing ranges of any marine recommended that, in the preamble to generic thresholds are retained. mammal (i.e., >180 kilohertz (kHz)) the final rule, NMFS (1) specify in Table Moreover, as is discussed above for lacking the potential to disturb marine 11 which species were lacking density other reasons, the majority of examples mammals by causing disruption of data and clarify whether densities were cited by the Commission are of limited behavioral patterns. The Commission available for blue, sei, and killer whales relevance in terms of comparison of describes the recent scientific literature in ARA and humpback and minke

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whales in the GOMRA and (2) ensure considered in light of other known management measures are being taken Tables 13 and 18 include all species and causes of mortality, meets or exceeds to address serious injuries and stocks proposed to be taken by SEFSC’s PBR. As described in more detail in the mortalities from the other activities (i.e., proposed activities. The Commission Negligible Impact Analysis and other than the specified activities understands that NMFS did not Determination section later in this covered by the incidental take intentionally omit this information. document, consistent with the authorization under consideration). We NMFS Response: Species for which interpretation of PBR across the rest of must also determine, though, that density data are not available were the agency, NMFS’ Permits and impacts on the species or stock from included in a footnote in Table 11 in the Conservation Division has been using other types of take (i.e., harassment) proposed rule. However, NMFS has PBR as a tool to inform the negligible caused by the applicant do not combine updated that footnote to include blue impact analysis under section with the impacts from mortality or whales, sei whales, and killer whales in 101(a)(5)(A), recognizing that it is not a serious injury to result in adverse effects the ARA and humpback whales and dispositive threshold that automatically on the species or stock through effects minke whales in the GOMRA. NMFS determines whether a given amount of on annual rates of recruitment or also updated the relevant tables in this M/SI either does or does not exceed a survival. Wade et al. (1998), authors of final rule to ensure all species for which negligible impact on the affected species the paper from which the current PBR take is authorized are included in both or stock. In 1999, NMFS published equation is derived, note that tables. While these changes provide criteria for making a negligible impact ‘‘Estimating incidental mortality in one clarity, NMFS did not change species determination pursuant to section year to be greater than the PBR taken or amount of take from the 101(a)(5)(E) of the MMPA in a notice of calculated from a single abundance proposed rule. Therefore, there is no proposed permits for certain fisheries survey does not prove the mortality will modification to our analysis or (64 FR 28800; May 27, 1999). Criterion lead to depletion; it identifies a determinations. 2 stated ‘‘If total human-related serious population worthy of careful future Comment 6: The Commission monitoring and possibly indicates that recommends that NMFS ensure that the injuries and mortalities are greater than PBR, and fisheries-related mortality is mortality-mitigation efforts should be final rule includes details similar to initiated.’’ less than 0.1 PBR, individual fisheries those specified in the preamble for the In addition to a quantitative approach may be permitted if management various mitigation, monitoring, and comparing the issued M/SI against PBR, reporting measures. measures are being taken to address a number of other factors influence our NMFS Response: NMFS has included non-fisheries-related serious injuries negligible impact determination. These all the mitigation, monitoring and and mortalities. When fisheries-related are described in detail in our Negligible reporting measures in the regulatory text serious injury and mortality is less than Impact Analysis and Determination as discussed in the preamble in this 10 percent of the total, the appropriate section below, but we also summarize final rule. management action is to address them here. First, the amount of M/SI Comment 7: The Commission components that account for the major take authorized for estuarine bottlenose recommends that NMFS authorize portion of the total.’’ This criterion dolphins stocks is the lowest amount taking by M/SI only for those stocks for addresses when total human-caused possible (one over 5 years). Therefore, in which a negligible impact determination mortality is exceeding PBR, but the 4 of those 5 years, no effect to rates of can be made when looking at overall activity being assessed is responsible for recruitment or survival would occur. removals from each stock as a whole. only a small portion of the mortality. Second, literature suggests the The Commission is concerned that it Accordingly, we applied a similar interaction with fishing gear (including appears that removal of an animal from criterion in our negligible impact trawls which account for the majority of some bottlenose dolphin stocks meet or analysis under section 101(a)(5)(A) to SEFSC fisheries research) is biased exceed PBR and that any additional evaluate the relative role of an towards males. The loss of a male from mortalities from those stocks should not applicant’s incidental take when other the population is less likely, if at all, to be considered as having negligible sources of take are causing PBR to be have an effect on population rates of impact. Specifically, the Commission exceeded, but the take of the specified recruitment or survival. Third, there are indicates the proposed number of takes activity is comparatively small. Where a number of ongoing management that could result in M/SI for SEFSC this occurs, we may find that the actions, including development and would not equal or exceed PBR for most impacts of the taking from the specified implementation of a Gulf-wide strategic stocks. However, the proposed takes by activity may (those impacts alone, framework to restore for injuries M/SI for SEFSC would equal PBR for before we have considered the associated with the Deepwater Horizon the Northern South Carolina Estuarine combined effects from any harassment (DWH) oil spill under a Natural (NSCE) stock of bottlenose dolphins and take) be negligible even when total Resource Damage Assessment (NRDA). would exceed PBR for the Mobile Bay, human-caused mortality from all This framework is designed to reduce Bonsecour Bay (Mobile Bay) stock and activities exceeds PBR if (in the context human-induced causes of mortality and the MS Sound stock. Although NMFS of a particular species or stock) the serious injury other than SEFSC proposed to authorize the taking by M/ authorized mortality or serious injury fisheries research over the 5 years the SI of only one bottlenose dolphin during would be less than or equal to 10 LOA would be effective. the proposed 5-year period (or 0.2 percent of PBR and management Comment 8: One commenter noted dolphins per year) from each of the measures are being taken to address the SEFSC has taken substantial three stocks, when considered in light of serious injuries and mortalities from the measures to minimize the impacts on other known causes of mortality, PBR other activities (i.e., other than the marine mammals. However, the would either be met or exceeded. specified activities covered by the commenter recommended prohibiting NMFS Response: The Commission incidental take authorization under long-lining, trawling, or gill netting due appears to assert that NMFS cannot consideration). Here, pursuant to the to the associated high bycatch rates and make a negligible impact determination criteria, the authorized mortality or the impacts of these fishing methods on when the proposed or authorized M/SI serious injury would be less than or cetacean populations. The commenter take from a marine mammal stock, when equal to 10 percent of PBR, and recommended strict monitoring

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protocols and that the SEFSC use active assessment or other research purposes. Resources (SCDNR). None of these acoustics (i.e., sonar) and other However, some collection of plankton modifications affect our negligible detection methods to ensure the and oceanographic and acoustic data to impact or small numbers avoidance of taking marine mammals. characterize the marine environment determinations. NMFS Response: Issuance of an does occur. As described in the SEFSC’s incidental take authorization allows for application, proposed rule, and LOA, Description of Marine Mammals in the the taking of marine mammals plankton is sampled in very small Area of the Specified Activity incidental to a specified activity, it does quantities, is minor relative to that taken We presented a detailed discussion of not authorize or permit the activity through commercial fisheries, and is an marine mammals, their occurrence, and itself. Therefore NMFS cannot require even smaller percentage of total biomass important habitat (e.g., Biologically an applicant to not conduct an activity. available as marine mammal prey. To issue an authorization, NMFS must Comment 10: One commenter was Important Areas) in the planned action prescribe, among other things, concerned the proposed rule would area detailed in the Federal Register mitigation and monitoring measures result in fish catch limits. notice of proposed rulemaking (84 FR effecting the least practicable adverse NMFS Response: This rule, issued 6576; February 27, 2019). Please see that impact on a species or stock. In this pursuant to the MMPA, has no notice of proposed rulemaking or the case, the commenter agrees NMFS has connection to the Magnuson-Stevens SEFSC’s application for more taken substantial measures to minimize Fishery Management Act process by information (see ADDRESSES). We impacts on marine mammals. However, which fish limits are determined. provide a summary of marine mammal to restrict fishing using the proposed Comment 11: One commenter occurrence in the study areas in Table methods would be impracticable and believed the major provisions in the 3. outside of NMFS’ authority under the proposed regulation seem adequate and Species that could occur in a given MMPA. that the regulations can be implemented research area but are not expected to Regarding impacts to cetacean well and with no complications. have the potential for interaction with populations, the commenter appears to NMFS Response: NMFS agrees that all SEFSC research gear or that are not be associating bycatch rates of practicable mitigation measures have likely to be harassed by SEFSC’s use of been incorporated into the proposed commercial fisheries to those from active acoustic devices are listed here rule and will continue to work with the research surveys. As described in the but omitted from further analysis. These SEFSC to ensure the SEFSC and all proposed rule, the taking of marine include extralimital species, which are partners are aware of and understand mammals incidental to SEFSC fisheries species that do not normally occur in a the monitoring, mitigation, and research is very low and NMFS has given area but for which there are one reporting measures. authorized only one marine mammal or more occurrence records that are mortality per stock over the course of 5 Changes From Proposed to Final Rule considered beyond the normal range of years (with the exception of coastal the species. Extralimital or rarely bottlenose dolphins wherein we are The most substantive change from the sighted species within the SEFSC’s ARA authorizing the take, by serious injury or proposed to final rule is the baseline include the North Atlantic bottlenose mortality, of three animals over 5 years) evaluation of the Mobile Bay stock of whale (Hyperoodon ampullatus), in its final rule. The rule also has a suite bottlenose dolphins. In the proposed Bryde’s whale (B. edeni), Atlantic white- of mitigation and monitoring measures rule, NMFS used outdated (1992) survey designed to further reduce risk of data which indicated the Mobile Bay sided dolphins (Lagenorhynchus netting or hooking an animal. The rule stock abundance was approximately 122 acutus), white-beaked dolphins does not require SEFSC use active dolphins. However, we determined a (Lagenorhynchus albirostris), Sowerby’s acoustics to detect and deter marine more accurate representative abundance beaked whale (Mesoplodon bidens), mammals, as use of those sources in that estimate is 1,393 based on more recent harp seal (Pagophilus groenlandicus), manner would be a source of DWH oil spill injury assessments (DHW and hooded seal (Cystophora cristata). harassment in itself. MMIQT, 2015). We also updated the Extralimital or rarely sighted species in Comment 9: One commenter final regulations to reflect the entirety of the GOMRA include the North Atlantic suggested the lack of acknowledgement the mitigation, monitoring, and right whale (Eubalaena glacialis), blue towards the plankton populations is reporting measures described in the whale, fin whale (B. physalus), sei capricious and recommended an preamble of the proposed rule as some whale, minke whale (B. acutorostrata), environmental assessment be were inadvertently not replicated in the humpback whale (Megaptera completed. regulatory text. We also updated a novaeangliae), and Sowerby’s beaked NMFS Response: All impacts from the discussion regarding the consideration whale. In the CRA, extralimital or rarely SEFSC’s fishery-independent research of PBR in our negligible impact sighted species include blue whale, fin activities, including those on plankton, determination to more fully reflect how whale, sei whale, Bryde’s whale, minke have been analyzed in a PEA which was the metric is appropriately considered whale, harbor seal (Phoca vitulina), gray made available to the public for in the negligible impacts determination seal (Halichoerus grypus), harp seal, and comment on April 20, 2016 and for a specified activity. We also updated hooded seal. In addition, Caribbean finalized prior to issuing this rule. See a previous dolphin gear interaction table manatees (Trichechus manatus) may be ADDRESSES section. As described in and related discussion to reflect the found in all three research areas. those documents, the SEFSC’s primary entanglement of a single bottlenose However, manatees are managed by the survey methods use fishing gear to dolphin on October 13, 2019, by the U.S. Fish and Wildlife Service and are capture fish and invertebrates for stock South Carolina Department of Natural not considered further in this document.

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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 Common name Scientific name MMPA stock MMPA PBR 3 Annual M/SI 4 (CV, N ) 2 ARA GOM CRA Strategic min (Y/N) 1

Order Cetartiodactyla—Cetacea—Suborder Mysticeti (baleen whales)

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

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 ...... X ...... L, Y 763 (0.38, 560) ... 1.1 ...... 0. Mexico. Puerto Rico and ...... X L, Y unk ...... unk ...... unk. U.S. Virgin Is- lands. Family Kogiidae: Pygmy sperm Kogia breviceps .. Western North At- X ...... X NL, N 3,785 (0.47, 21 ...... 3.5. whale. lantic. 2,598) 6. Northern Gulf of ...... X ...... NL, N 186 (1.04, 90) 7 ... 0.9 ...... 0.3. Mexico. Dwarf sperm K. sima ...... Western North At- X ...... X NL, N 3,785 (0.47, 21 ...... 3.5. whale. lantic. 2,598) 6. Northern Gulf of ...... X ...... NL, N 186 (1.04, 90) 8 ... 0.9 ...... 0. Mexico. Family Ziphiidae (beaked whales): Cuvier’s Ziphius cavirostris Western North At- X ...... NL, N 6,532 (0.32, 50 ...... 0.4. beaked lantic. 5,021). whale. Northern Gulf of ...... X ...... NL, N 74 (1.04, 36) ...... 0.4 ...... 0. Mexico. Puerto Rico and ...... X NL, N Unk ...... unk ...... unk. U.S. Virgin Is- lands. Blainville’s Mesoplodon Western North At- X ...... X NL, N 7,092 (0.54, 46 ...... 0.2. beaked densirostris. lantic. 4,632) 8. whale. Northern Gulf of ...... X ...... NL, N 149 (0.91, 77) ..... 0.8 ...... 0. Mexico. Gervais’ Mesoplodon Western North At- X ...... X NL, N 7,092 (0.54, 46 ...... 0. beaked europaeus. lantic. 4,632) 8. whale. Northern Gulf of ...... X ...... NL, N 149 (0.91, 77) ..... 0.8 ...... 0. Mexico. Sowerby’s Mesoplodon Western North At- X ...... X NL, N 7,092 (0.54, 46 ...... 0. beaked bidens. lantic. 4,632) 8. whale. True’s beaked Mesoplodon mirus Western North At- X ...... X NL, N 7,092 (0.54, 46 ...... 0. whale. lantic. 4,632) 8. Family Delphinidae (dolphins): Melon-headed Peponocephala Western North At- X ...... X NL, N Unk ...... unk ...... 0. whales. electra. lantic. Northern Gulf of ...... X ...... NL, N 2,235 (0.75, 13 ...... 0. Mexico. 1,274). Risso’s dol- Grampus griseus Western North At- X ...... X NL, N 18,250 (0.46, 126 ...... 49.9. phin. lantic. 12,619).

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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 Common name Scientific name MMPA stock MMPA PBR 3 Annual M/SI 4 (CV, N ) 2 ARA GOM CRA Strategic min (Y/N) 1

Northern Gulf of ...... X ...... NL, N 2,442 (0.57, 16 ...... 7.9. Mexico. 1,563). Short-finned Globicephala Western North At- X ...... NL, N 28,924 (0.24, 236 ...... 168. pilot whales. macrorhynchus. lantic. 23,637). Northern Gulf of ...... X ...... NL, N 2,415 (0.66, 15 ...... 0.5. Mexico. 1,456). Puerto Rico and ...... X NL, N unk ...... unk ...... unk. U.S. Virgin Is- lands. Long-finned Globicephala Western North At- X ...... NL, N 5,636 (0.63, 35 ...... 27. pilot whales. melas. lantic. 3,464).

Bottlenose Tursiops truncatus See table 3b. dolphin.

Common dol- Delphinus delphis Western North At- X ...... NL, N 70,184 (0.28, 557 ...... 406. phin. lantic. 55,690). Atlantic spot- Stenella frontalis Western North At- X ...... NL, N 44,715 (0.43, 316 ...... 0. ted dolphin. lantic. 31,610). Northern Gulf of ...... X ...... NL, N unk ...... unk ...... 42. Mexico. Puerto Rico and ...... X NL, N unk ...... unk ...... unk. U.S. Virgin Is- lands. Pantropical Stenella attenuata Western North At- X ...... X NL, N 3,333 (0.91, 17 ...... 0. spotted dol- lantic. 1,733). phin. Northern Gulf of ...... X ...... 50,880 (0.27, 407 ...... 4.4. Mexico. 40,699). Striped dol- Stenella Western North At- X ...... X NL, N 54,807 (0.3, 428 ...... 0. phin. coeruleoalba. lantic. 42,804). Northern Gulf of ...... X ...... NL, N 1,849 (0.77, 10 ...... 0. Mexico. 1,041). Fraser’s dol- Lagenodelphis Western North At- X ...... X NL, N unk ...... unk ...... 0. phin. hosei. lantic. Gulf of Mexico ...... X ...... NL, N unk ...... undet ...... 0. Rough- Steno Western North At- X ...... X NL, N 136 (1.0, 67) ...... 0.7 ...... 0. toothed dol- bredanensis. lantic. phin. Northern Gulf of ...... X ...... NL, N 624 (0.99, 311) ... 2.5 ...... 0.8. Mexico. Clymene dol- Stenella clymene Western North At- X ...... X NL, N unk ...... undet ...... 0. phin. lantic. Northern Gulf of ...... X ...... NL, N 129 (1.0, 64) ...... 0.6 ...... 0. Mexico. Spinner dol- Stenella Western North At- X ...... NL, N unk ...... unk ...... 0. phin. longirostris. lantic. Northern Gulf of ...... X ...... NL, N 11,441 (0.83, 62 ...... 0. Mexico. 6,221). Puerto Rico and ...... X NL, N unk ...... unk ...... unk. U.S. Virgin Is- lands. Killer whale ... Orcinus orca ...... Western North At- X ...... X NL, N unk ...... unk ...... 0. lantic. Northern Gulf of ...... X ...... NL, N 28 (1.02, 14) ...... 0.1 ...... 0. Mexico. Pygmy killer Feresa attenuata Western North At- X ...... X NL, N unk ...... unk ...... 0. whale. lantic. Northern Gulf of ...... X ...... NL, N 152 (1.02, 75) ..... 0.8 ...... 0. Mexico. False killer Pseudorca Western North At- X ...... X NL, N 442 (1.06, 212) ... 2.1 ...... unk. whale. crassidens. lantic. Northern Gulf of ...... X ...... NL, N unk ...... undet ...... 0. Mexico. Family Phocoenidae (porpoises): Harbor por- Phocoena Gulf of Maine/Bay X ...... NL, N 79,833 (0.32, 706 ...... 255. poise. phocoena of Fundy. 61,415). vomerina.

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals): Harbor seal ... Phoca vitulina Western North At- X ...... NL, N 75,834 (0.15, 2,006 ...... 345. richardii. lantic. 66,884).

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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 Common name Scientific name MMPA stock MMPA PBR 3 Annual M/SI 4 (CV, N ) 2 ARA GOM CRA Strategic min (Y/N) 1

Gray seal ...... Halichoerus Western North At- X ...... NL, N 27,131 (0.19, 1,389 ...... 5,688. grypus. lantic. 23,158). 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 the 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 un known 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 draft 2019 SARs. 5 Humpback whales present off the southeastern U.S. are thought to be predominantly from the Gulf of Maine stock. However, these 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 This estimate includes both dwarf and pygmy sperm whales in the N. Atlantic stock. 7 This estimate includes both dwarf and pygmy sperm whales in the Gulf of Mexico stock. 8 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 AND TEXAS DURING FISHERY RESEARCH

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

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 Strategic ...... unk ...... undet ...... 1.4. Estuarine 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. Indian River Lagoon ...... Strategic ...... unk ...... undet ...... 4.4. 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 Strategic ...... 55 (0.82, unk) ...... undet ...... 0.2. Bay, Redfish Bay, Espirtu Santo Bay. Matagorda Bay, Tres Palacios Bay, Lavaca Strategic ...... 61 (0.45, unk) ...... undet ...... 0.4. Bay. West Bay ...... Strategic ...... 48 (0.03, 46) ...... 0.5 ...... 0.2. 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, Strategic ...... 0 (-,-) ...... undet ...... 0. Atchafalaya Bay. Terrebonne Bay, Timbalier Bay ...... Strategic ...... 3,870 (0.15, 3,426) ...... 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.

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

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

Mississippi Sound, Lake Borgne, Bay Strategic ...... 3,046 (0.06, 2,896) ...... 23 ...... 310. Boudreau. Mobile Bay, Bonsecour Bay ...... Strategic ...... 1,393 (unk, 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. Strategic ...... 439 (0.14,-) ...... undet ...... 0. Georges Sound. Apalachee Bay ...... Strategic ...... 491 (0.39, unk) ...... undet ...... 0. Waccasassa Bay, Withlacoochee Bay, Strategic ...... unk ...... undet ...... 0. Crystal Bay. 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, Strategic ...... 826 (0.09, -) ...... undet ...... 1.6. Gasparilla Sound, Lemon Bay. Caloosahatchee River ...... Strategic ...... 0 (-,-) ...... undet ...... 0.4. Estero Bay ...... Strategic ...... unk ...... undet ...... 0.2. Chokoloskee Bay, Ten Thousand Islands, Strategic ...... unk ...... undet ...... 0. Gullivan 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.

Potential Effects of Specified Activities marine mammals may be affected by and discussion of recent scientific on Marine Mammals and Their Habitat these activities in the form of serious studies not included in the proposed injury or mortality, physical trauma, rulemaking, we direct the reader to the We provided a summary and sensory impairment (permanent and NMFS PEA. discussion of the potential effects of the temporary threshold shifts and acoustic Since 2002, NMFS Science Centers specified activity on marine mammals masking), physiological responses have been documenting and recording and their habitat in our Federal Register (particular stress responses), behavioral notice of proposed rulemaking (84 FR disturbance, or habitat effects. We also all fishery research related incidental 6576; February 27, 2019). In the describe historical taking by the SEFSC takes of marine mammals in PSIT Potential Effects of Specified Activities and the circumstances surrounding database. There is also a documented on Marine Mammals and Their Habitat those takes. We do not reprint the take on record from 2001. We present all section of the proposed rule, NMFS information here but refer the reader to takes documented by the SEFSC in provided a description of the ways that document. For additional summary Table 4.

TABLE 4—SEFSC RESEARCH GEAR INTERACTIONS WITH MARINE MAMMALS SINCE 2001

Number Survey name Species taken Gear type Date taken Number released Total taken (lead organization) (stock) killed 1 alive 2

Atlantic research area

SEAMAP–SA Coastal Bottlenose dolphin Bottom 13 Oct 2019 ...... 0 1 1 Trawl Survey_Fall (South Carolina/ trawl. (SCDNR). Georgia coastal). SEFSC In-Water Sea Bottlenose dolphin Bottom 20 July 2016 ...... 1 0 1 Turtle Research (South Carolina/ trawl. (SCDNR 3). Georgia coastal). SEAMAP–SA Coastal Bottlenose dolphin Bottom 11 April 2014 ...... 1 0 1 Trawl Survey_Spring (Northern Florida trawl. (SCDNR). coastal).

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TABLE 4—SEFSC RESEARCH GEAR INTERACTIONS WITH MARINE MAMMALS SINCE 2001—Continued

Number Survey name Species taken Gear type Date taken Number released Total taken (lead organization) (stock) killed 1 alive 2

SEAMAP–SA Coastal Bottlenose dolphin Bottom 2 Aug 2012 ...... 1 0 1 Trawl Survey_Sum- (South Carolina/ trawl. mer (SCDNR). Georgia coastal). In-Water Sea Turtle Bottlenose dolphin Bottom 11 July 2012 ...... 0 1 1 Trawl Survey (South Carolina/ trawl. (SCDNR). Georgia coastal). SEAMAP–SA Coastal Bottlenose dolphin Bottom 5 October 2006 ...... 1 0 1 Trawl Survey_Fall (southern migratory). trawl. (SCDNR). SEAMAP–SA Coastal Bottlenose dolphin Bottom 28 July 2006 ...... 1 0 1 Trawl Survey_Sum- (South Carolina/ trawl. mer (SCDNR). Georgia coastal). RecFIN Red Drum Bottlenose dolphin Trammel 22 August 2002 ...... 2 0 2 Trammel Net Survey (Charleston Estua- net. (SCDNR). rine System). In-Water Sea Turtle Bottlenose dolphin Bottom 2001 3 ...... 0 1 1 Trawl Survey (unk). Trawl. (SCDNR).

ARA Total ...... 7 3 10

Gulf of Mexico Research Area

Gulf of Mexico Shark Bottlenose dolphin Gillnet ...... 3 July 2018 ...... 0 1 1 Pupping and Nursery (Sarasota Bay). GULFSPAN (SEFSC). Gulf of Mexico Shark Bottlenose dolphin Gillnet ...... 15 July 2016 ...... 1 0 1 Pupping and Nursery (northern Gulf of GULFSPAN (USA/ Mexico). DISL2). Skimmer Trawl TED Bottlenose dolphin (MS Skimmer 1 October 2014 ...... 1 0 1 Testing (SEFSC). Sound, Lake Borgne, trawl. Bay Boudreau). Skimmer Trawl TED Bottlenose dolphin (MS Skimmer ... 23 October 2013 ...... 0 1 1 Testing (SEFSC). Sound, Lake Borgne, trawl ...... Bay Boudreau). SEAMAP–GOM Bottom Bottlenose dolphin (Mo- Bottom 6 August 2013 ...... 0 1 (SI) 1 Longline Survey bile Bay, Bonsecour longline. (ADCNR). Bay). Gulf of Mexico Shark Bottlenose dolphin (MS Gillnet ...... 18 April 2011 ...... 1 0 1 Pupping and Nursery Sound, Lake Borgne, GULFSPAN (USA/ Bay Boudreau). DISL).

GOMRA Total ...... 3 3 6

Total all 10 6 16 areas 3. 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 they are now part of standard protocols for released animals and will be reported in stock assessment reports. 2 Animals released alive but considered seriously injured aew marked as SI. 3 This take occurred prior to development of the PSIT database, but we include it here because it is documented. 4 There have been no SEFSC fishery research-related takes of marine mammals in the CRA.

Estimated Take while injury refers to injury that does including, but not limited to, migration, not lead to mortality. Except with breathing, nursing, breeding, feeding, or This section provides an estimate of respect to certain activities not pertinent sheltering (Level B harassment). the number of incidental takes proposed here, the MMPA defines ‘‘harassment’’ for authorization through this IHA, As previously described, the SEFSC as any act of pursuit, torment, or which will inform both NMFS’ has a history of take of marine mammals consideration of whether the number of annoyance which (i) has the potential to incidental to fisheries research. The takes is ‘‘small’’ and the negligible injure a marine mammal or marine degree of take resulting from gear impact determination. When discussing mammal stock in the wild (Level A interaction can range from mortality, take, we consider three manners of take: harassment); or (ii) has the potential to serious injury, Level A harassment Mortality, serious injury, and disturb a marine mammal or marine (injury), or released unharmed with no harassment. Serious injury is defined as mammal stock in the wild by causing observable injury. However, given that an injury that could lead to mortality, disruption of behavioral patterns, we cannot predict the degree of take, we

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conservatively assume that any through October. However, this is likely According to the SEFSC’s application, interaction may result in mortality or a result of research effort concentrated three trawl surveys and two bottom serious injury and have issued take as during this time period and there does longline surveys conducted by the such. In the case of the Mississippi not appear to be any trend in increased SEFSC or research partner overlap Sound stock, we have also authorized a vulnerability throughout the year. spatially with the NNCES stock (Table single take from Level A harassment In the ARA, the SEFSC has 10 1). These are the Atlantic Striped Bass (injury) only. The amount of research documented takes of bottlenose Tagging Bottom Trawl Survey (USFWS), conducted in Mississippi Sound using dolphins (in 9 instances) from fishing SEAMAP–SA Coastal Trawl Survey gear with the potential for marine gear (Table 5) and 1 take of an Atlantic (SCDNR), SEAMAP–SA North Carolina mammal interaction increases the spotted dolphin since 2001. The Pamlico Sound Trawl Survey potential for interaction above other Atlantic spotted dolphin take was a calf (NCDENR), Shark and Red Snapper estuarine systems. However, there is struck by a propeller during a marine Bottom Longline Survey (SEFSC), and evidence that, even without the mammal research cruise. Given the the SEAMAP–SA Red Drum Bottom proposed prescribed mitigation and anomalous nature of the incident and Longline Survey (NCDNR). No gillnet monitoring measures, take may not proposed mitigation measures, NMFS is surveys would take place in waters result in mortality or serious injury (e.g., not proposing to authorize take by ship overlapping with this stock. Based on the October 13, 2013 skimmer trawl take strike. Therefore, this take is not data in the PSIT database, no dolphins which did not result in serious injury or discussed further. Of the 10 gear-related from the NNCES stock have been taken mortality). The proposed mitigation and takes, two animals were taken at once in from SEFSC or partner fishery research monitoring measures described in this a trammel net by the SCDNR in 2002. surveys, including those described proposed rulemaking are designed to However, the SCDNR has since changed above which have taken place for many further reduce risk of take and degree of fishing methods and implemented years. take. monitoring and mitigation measures Despite the lack of historical take, we essentially eliminating the potential for further investigated the potential for Estimated Take Due to Gear Interaction take during this survey. No other future interaction. Based on commercial Given the complex stock structure of trammel net-related takes have occurred fishery and SEFSC fishery survey bottlenose dolphins throughout the since these changes were implemented. bycatch rates of marine mammals, we ARA and GOMRA, as well as the Therefore, we believe the potential for a would expect the trawl surveys to be vulnerability of this species to be taken take in SCDNR trammel nets is more likely to take a dolphin than the incidental to fishery research, we have discountable. The remaining eight gear- bottom longline surveys. An evaluation partitioned this section into two related takes have been a result of of each occurring survey type is categories to present requested and interaction with bottom trawl gear provided below to more thoroughly proposed take in an organized manner. during SEAMAP and TED research evaluate the potential for taking a Below we present our analysis surveys, resulting in an average 0.42 bottlenose dolphin belonging to the informing the proposed take of estuarine takes per year (8 takes/19 years). NNCES stock. and coastal bottlenose dolphins To further assess the potential for take The Atlantic Striped Bass Bottom followed by pelagic marine mammals in any given year, we considered where Trawl Survey (conducted by the which includes all relevant non- takes have occurred and the possible USFWS) is limited to 2 weeks (200–350 bottlenose dolphin species and open stock origin from which an animal was trawls) during January and February in ocean stocks of bottlenose dolphins. taken. The July 2006 take occurred coastal waters north of Cape Hatteras offshore of Fripp Island, SC; the October ranging from 30 to 120 ft (9–37 m) in Estuarine and Coastal Bottlenose 2006 take occurred Oak Island, NC; the depth. The USFWS uses dual 65-ft trawl Dolphin Take—SEFSC July 2012 take occurred off Little Tybee nets with 3.75 in. stretch nylon In order to estimate the number of Island, GA; the August 2012 take multifilament mesh codend. Tow speed potential bottlenose dolphin takes in occurred off Pawley’s Island, SC; the is 3 kts and tow time does not exceed estuarine and coastal waters, we April 2014 take occurred just off the 30 minutes at depth. Trawl operations considered the SEFSC’s record of such coast of Florida between St. Augustine are conducted day and night from the R/ past incidents and other sources of take and Daytona Beach; the July 2016, take V Oregon II, R/V Oregon, or R/V (e.g., commercial fisheries and non- occurred off Sea Island, Georgia which Savannah (please refer to the PEA for SEFSC affiliated research). We is nestled between Little St. Simon’s detailed vessel descriptions). The winter consulted the SARs, marine mammal Island and St. Simon’s Island; and the operations of this survey overlaps in experts at the SEFSC, and information October 2019 take occurred time with when some animals move out emerging from the BDTRT to identify approximately 10 km off Dewey’s of Pamlico Sound and into coastal these other sources of mortality. We Island, South Carolina. Therefore, the waters. However, photo-ID studies, then assessed the similarities and dolphins taken could have originated available tag data and stable isotope differences between fishery research from any of the five coastal stocks (the data indicate that the portion of the and commercial fisheries gear and Northern Migratory and Southern stock that moves out of Pamlico Sound fishing practices. Finally, we evaluated Migratory stock, South Carolina/Georgia into coastal waters remain south of Cape means of affecting the least practicable Coastal stock, Northern Florida Coastal Hatteras during cold water months adverse impact on bottlenose dolphins stock and a Central Florida stock), (Waring et al. 2016). The USFWS has through the proposed mitigation and although they were assigned to the stock historically conducted surveys north of additional mitigation developed during based on the location where the take Cape Hatteras. However, the survey is the proposed rulemaking process. occurred. Taking the average rate of 0.42 currently inactive due to funding In total, since 2001 and over the animals per year across five stocks constraints. If funding becomes course of thousands of hours of research equates to an average taking of 0.08 available, they may undertake this effort, 16 marine mammals (all animals per stock per year. This average survey. However, the spatial and bottlenose dolphins) have been would be even less if one considers an temporal specifications described above entangled in SEFSC-affiliated research estuarine stock may be the stock of greatly reduce the likelihood of a take gear. All takes occurred between April origin (although unlikely). from the NNCES stock. In addition,

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given the short duration of the survey (2 Despite spatial and temporal overlap type Falcon bottom trawls. All takes of weeks) and short tow time durations (up with the NNCES stock, this survey has dolphins have occurred in coastal to 30 minutes), the chance of marine no record of interacting with a marine waters (none from estuarine waters), mammal interaction is limited. This mammal. Given the lack of historical and all assigned takes have been from logic is supported by the lack of take interaction, limited number of tows, and coastal stocks. However, because from this survey. At this time, for the implementation of the proposed estuarine stocks may venture into reasons described above, we believe the monitoring and mitigation measures, we coastal waters, there is a small likelihood of an animal from the NNCES do not believe there is reasonable possibility that takes from this survey stock being taken during Atlantic likelihood that of take from this survey. could have been from the SNCES (n = Striped Bass Bottom Trawl Survey is The SEAMAP–SA Coastal Trawl 1), Northern South Carolina Estuarine unlikely. Survey (SCDNR) operates 300–350 The SEAMAP–SA Pamlico Sound trawls annually from Cape Hatteras, NC System (n = 1), Northern Georgia/ Trawl Survey (NCDENR) is conducted to Cape Canaveral, FL in nearshore Southern South Carolina Estuarine to support stock assessments and oceanic waters of 15–30 ft (4–10 m) System (n = 2), and Southern Georgia management of finfish, shrimp, and crab depth. Its goal is to collect long-term Estuarine System (n = 1) (Table 5). This species in Pamlico Sound and its bays fishery independent data on is the only survey which may and rivers. The otter trawl survey takes ecologically, commercially, and potentially overlap with the NNCES and place for 10 days in June and 10 days recreationally important fish and SNCES stock, but it does so in coastal in September during daylight hours. Up invertebrates, including shrimp and waters where coastal stocks overlap in to 54 trawls are completed each month blue crab. Tow time is approximately 20 time and space. It is most likely that a (total = 108 trawls) aboard the R/V minutes. This survey is not associated take from this survey would be from a Carolina Coast. The general area of with sea turtle research surveys, which coastal stock. Therefore, we are not operation is Pamlico Sound and the have longer tow times. SCDNR uses the proposing to authorize take from the Pamlico, Pungo, and Neuse rivers in R/V Lady Lisa outfitted with an otter NNCES or SNCES stock. waters greater than or equal to 6 ft. trawl comprised of paired mongoose-

TABLE 5—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. Au- W.N. Atlantic Northern Florida Coastal W.N. Atlantic Central Florida Coastal. gustine and Daytona Beach. July 2016 ...... off Sea Island, Georgia ...... W.N. Atlantic South Carolina-Georgia Southern Georgia Estuarine System. Coastal. October 2019 ...... 10 kms off Dewey’s Island, SC ...... W.N. Atlantic South Carolina-Georgia N/A—too far offshore. Coastal.

The only survey overlapping with the 5 years by M/SI (Table 7). We are take place during the proposed 5-year Indian River Lagoon (IRL) stock is the proposing to issue the requested three regulations. For example, at time of the St. Lucie Rod-and-Reel Fish Health M/SI takes per stock of each of the application, only one survey conducted Study. There are no documented coastal stocks and the offshore stock in by TPWD was planned to occur in instances of the SEFSC taking a dolphin the ARA over 5 years (Table 7). Sabine Lake. However, that specific from this survey. Therefore, we believe In the GOMRA, the SEFSC is survey has been discontinued. the likelihood of take is low and requesting to take one dolphin from Therefore, no fisheries research by mitigation measures (e.g. quickly reeling each of the 21 estuarine stocks, three SEFSC or its partners would occur in in line if dolphins are likely to interact dolphins from the Mississippi Sound Sabine Lake. Therefore, no take is with gear) would be effective at further stock, and three dolphins per year from expected to occur, and we did not reducing take potential to discountable. the coastal stocks (Table 7). Similar to include take of dolphins in Sabine Lake In consideration of this, we are not the ARA, NMFS examined the SEFSC’s in the rule. proposing to issue take of the IRL stock. request and assessed authorizing take When examining the survey gear used In summary, we are not proposing to based on fishing effort and stock spatial and fishing methods, we determined authorize requested take in the ARA for and temporal parameters, the potential that the IJA Open Bay Shellfish Trawl the NNCES, SNCES, and Indian River for take based on fishing practices (e.g., Survey (conducted by TPWD) has a very Lagoon stocks due to low to gear description, tow/soak times). In low potential to take dolphins. This discountable potential for take. For all addition, the SEFSC has provided survey has no documented dolphin/gear other estuarine stocks for which take supplemental information indicating interactions despite high fishing effort was requested (n = 7), we are proposing some surveys are discontinued or (90 trawls for month/1080 trawls per to authorize the requested one take over currently inactive and are not likely to year). This is likely because TPWD uses

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a very small (20 ft (6 m) wide) otter Caminada Bay, Barataria Bay east to stock (MS Sound stock): four trawl, shrimp trawl which is towed for only 10 Bastian Bay, Bay Coquette, and Gulf three gillnet, and two hook and line. minutes in 3–30 ft (1–10 m) of water. coastal waters extending 1 km from the While there are three documented takes The nets can be retrieved within 1 to 2 shoreline. The SEFSC has committed to from this stock since 2011 (from gillnet minutes. The IJA Open Bay Shellfish avoiding conducting fisheries and trawl surveys), there are none none Trawl Survey is the only survey independent monitoring in these waters. prior to that year. The SEFSC requested conducted by the SEFSC that overlaps Hence, we find the potential for take three M/SI takes from the MS Sound with the following BSE bottlenose from the Barataria Bay stock is stock due to the amount of fishing effort dolphin stocks: Laguna Madre; Nueces discountable and we are not proposing in this waterbody. However, we find Bay, Corpus Christi Bay; Copano Bay, to authorize the requested take. two takes are warranted over the life of On December 22, 2017, the SEFSC Aransas Bay, San Antonio Bay, Redfish the 5-year regulations given the lack of indicated the Gulfspan shark survey Bay, Espirtu Santo Bay; Matagorda Bay, take prior to 2011 and implementation Tres Palacios Bay, Lavaca Bay; West conducted by University of West Florida of the mitigation and monitoring Bay, and Galveston Bay, East Bay, (UWF) is considered inactive as of 2017 measures. Further, previous takes Trinity Bay. TPWD has no documented and would not likely take place over the take of dolphins from the IJA Open Bay course of the regulations due to staffing indicate there is potential that a marine Shellfish Trawl Survey despite years of changes. This is the only survey mammal may not die or be seriously research effort. Due to the discountable overlapping with the Perdido Bay, injured in fishing gear but be injured. potential for take from the IJA Open Bay Pensacola Bay, Choctawhatchee Bay Therefore, we are proposing to authorize Shellfish Trawl Survey, we are not stocks. Therefore, we find the potential one take by M/SI and one take by Level proposing to authorize take of these for take from these stocks is A harassment for the Mississippi Sound Texas bottlenose dolphin stocks to the discountable, and we are not proposing stock over the 5-year regulations (Table SEFSC. to authorize the requested take. 6). No takes of bottlenose dolphins by Another stock with a discountable There are nine surveys in the GOMRA the SEFSC have been documented in the potential for take is the Barataria Bay overlapping with the Mississippi CRA. However, we authorize one take stock. This stock’s habitat includes Sound, Lake Borgne, Bay Boudreau over 5 years at the request of the SEFSC.

TABLE 6—SEFSC TOTAL REQUESTED AND AUTHORIZED TAKE OF BOTTLENOSE DOLPHINS IN ARA, GOMRA, AND CRA OVER THE LIFE OF THE PROPOSED 5-YEAR REGULATIONS

Total requested take Total authorized take Stock (M/SI or level (M/SI or level A) A )

Northern North Carolina Estuarine System Stock ...... 1 0 1 Southern North Carolina Estuarine System Stock ...... 1 0 1 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 01 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 0 1 Nueces Bay, Corpus Christi Bay ...... 1 0 1 Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu Santo Bay ...... 1 0 1 Matagorda Bay, Tres Palacios Bay, Lavaca Bay ...... 1 0 1 West Bay ...... 1 0 1 Galveston Bay, East Bay, Trinity Bay ...... 1 0 1 Sabine Lake ...... 1 0 1 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 0 2 Mississippi River Delta ...... 1 1 Mississippi Sound, Lake Bornge, Bay Boudreau ...... 3 1 M/SI, 1 Level A 3 Mobile Bay, Bonsecour Bay ...... 1 1 Perdido Bay ...... 1 0 2 Pensacola Bay, East Bay ...... 1 0 2 Choctwhatchee Bay ...... 1 0 2 St. Andrew Bay ...... 1 1 St. Joseph Bay ...... 1 1 St. Vincent Sound, Apalachiola Bay, St. George Sound ...... 1 1 Apalachee Bay ...... 1 1

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TABLE 6—SEFSC TOTAL REQUESTED AND AUTHORIZED TAKE OF BOTTLENOSE DOLPHINS IN ARA, GOMRA, AND CRA OVER THE LIFE OF THE PROPOSED 5-YEAR REGULATIONS—Continued

Total requested take Total authorized take Stock (M/SI or level (M/SI or level A) A )

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 or Level A harassment and one marine mammal by Level A harassment (injury) only for the Mississippi Sound stock.

Pelagic Marine Mammals Take—SEFSC species of marine mammals, we fisheries), participating in a fishery compared with similar commercial listed on the LOF must report to NMFS Since systematic record keep began in fisheries by way of the 2017 List of all incidental mortalities and injuries of 2002, the SEFSC and affiliated research Fisheries (LOF) and the record of marine mammals that occur during partners have taken no marine mammals interactions from non-SEFSC affiliated commercial fishing operations, species other than bottlenose dolphins research. regardless of the category in which the by gear interaction. However, NMFS has NMFS LOF classifies U.S. commercial fishery is placed. The LOF for 2016 was assessed other sources of M/SI for these fisheries into one of three categories based on, among other things, stranding species (e.g., commercial fishing) to according to the level of incidental data; fisher self-reports; and SARs, inform the potential for incidental takes marine mammal M/SI that is known to primarily the 2014 SARs, which are of marine mammals in the ARA, have occurred on an annual basis over GOMRA, and CRA under this rule. the most recent 5-year period (generally) generally based on data from 2008– These species have not been taken for which data has been analyzed: 2012. Table 7 indicates which species historically by SEFSC research activities Category I, frequent incidental M/SI; (other than bottlenose dolphins) have but inhabit the same areas and show Category II, occasional incidental M/SI; been known to interact with commercial similar types of behaviors and and Category III, remote likelihood of or fishing gear in the three research areas vulnerabilities to such gear used in no known incidental M/SI. In based on the 2016 LOF (81 FR 20550; other contexts. To more accordance with the MMPA (16 U.S.C. April 8, 2016). More information on the comprehensively identify where 1387(e)) and 50 CFR 229.6, any vessel 2016 LOF can be found at http:// vulnerability and potential exists for owner or operator, or gear owner or www.nmfs.noaa.gov/pr/interactions/ take between SEFSC research and other operator (in the case of non-vessel fisheries/lof.html.

TABLE 7—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 fisheries Trawl 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 ......

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TABLE 7—GEAR TYPES IMPLICATED FOR INTERACTION WITH MARINE MAMMALS IN THE ATLANTIC OCEAN, GULF OF MEXICO, AND CARIBBEAN COMMERCIAL FISHERIES—Continued

Fishery by gear type 1 Species Gillnet fisheries Trawl fisheries Trap/pot Longline

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

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TABLE 8—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 RESEARCH ACTIVITIES OVER THE 5 YEAR REGULATIONS

Total M&SI Species Stock take

Risso’s dolphin ...... Western North Atlantic ...... 1 N. Gulf of Mexico ...... 1 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 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 Acoustic Thresholds and measurable for most activities, Harassment Using the best available science, NMFS uses a generalized acoustic NMFS has developed acoustic threshold based on received level to As described previously (Potential estimate the onset of Level B Effects of Specified Activities on Marine thresholds that identify the received level of underwater sound above which harassment. NMFS predicts that marine Mammals and their Habitat), we believe mammals are likely to be behaviorally that SEFSC use of active acoustic exposed marine mammals would be reasonably expected to be behaviorally harassed in a manner we consider Level sources has, at most, the potential to harassed (equated to Level B B harassment when exposed to cause Level B harassment of marine harassment) or to incur PTS of some underwater anthropogenic noise above mammals. In order to attempt to degree (Level A harassment). We note received levels of 120 dB re 1 mPa (rms) quantify the potential for Level B NMFS has begun efforts to update its for continuous (e.g., vibratory pile- harassment to occur, NMFS (including behavioral thresholds, considering all driving, drilling) and above 160 dB re 1 the SEFSC and acoustics experts from available data, and is formulating a mPa (rms) for non-explosive impulsive other parts of NMFS) developed an strategy for updating those thresholds (e.g., seismic airguns) or intermittent analytical framework considering for all types of sound sources (e.g., scientific sonar) sources. Neither characteristics of the active acoustic considered in incidental take threshold is used for military sonar due systems described previously under authorizations. It is NMFS intention to to the unique source characteristics. Description of Active Acoustic Sound conduct both internal and external The Marine Mammal Commission Sources, their expected patterns of use, review of any new thresholds prior to (Commission) has previously suggested and characteristics of the marine finalizing. In the interim, we apply the NMFS apply the 120 dB continuous mammal species that may interact with traditional thresholds. threshold to scientific sonar such as the them. This quantitative assessment Level B Harassment for non-explosive ones proposed by the SEFSC. NMFS has benefits from its simplicity and sources—Though significantly driven by responded to this comment in multiple consistency with current NMFS acoustic received level, the onset of behavioral Federal Register notices of issuance for guidance regarding Level B harassment disturbance from anthropogenic noise other NMFS science centers. However, but we caution that, based on a number exposure is also informed to varying we provide more clarification here on of deliberately precautionary degrees by other factors related to the why the 160 dB threshold is appropriate assumptions, the resulting take source (e.g., frequency, predictability, when estimating take from acoustic estimates may be seen as an duty cycle), the environment (e.g., sources used during SEFSC research overestimate of the potential for Level B bathymetry), and the receiving animals activities. NMFS has historically harassment to occur as a result of the (hearing, motivation, experience, referred to the 160 dB threshold as the operation of these systems. Additional demography, behavioral context) and impulsive threshold, and the 120 dB details on the approach used and the can be difficult to predict (Southall et threshold as the continuous threshold, al., 2007, Ellison et al., 2011). Based on which in and of itself is conflicting as assumptions made that result in these what the best available science indicates one is referring to pulse characteristics estimates are described below. and the practical need to use a threshold and the other is referring to the temporal based on a factor that is both predictable component. A more accurate term for

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the impulsive threshold is the (based on hearing sensitivity) as a result (3) A method for quantifying the intermittent threshold. This distinction of exposure to noise from two different resulting sound fields around these is important because, when assessing types of sources (impulsive or non- sources; and the potential for hearing loss (PTS or impulsive). However, as described in (4) An estimate of the average density TTS) or non-auditory injury (e.g., lung greater detail in the Potential Effects of for marine mammal species in each area injury), the spectral characteristics of Specified Activities on Marine of operation. source (impulsive vs. non-impulsive) is Mammals and their Habitat section, Quantifying the spatial and temporal critical to assessing the potential for given the highly directional beam, dimension of the sound exposure such impacts. However, for behavior, NMFS does not anticipate animals footprint (or ‘‘swath width’’) of the the temporal component is more would be exposed to noise levels active acoustic devices in operation on appropriate to consider. Gomez et al. resulting in PTS. Therefore, the Level A moving vessels and their relationship to (2016) conducted a systematic literature criteria do not apply here and are not the average density of marine mammals review (370 papers) and analysis (79 discussed further; NMFS is proposing enables a quantitative estimate of the studies, 195 data cases) to better assess take by Level B harassment only. number of individuals for which sound probability and severity of behavioral The operating frequencies of active levels exceed the relevant threshold for responses in marine mammals exposed acoustic systems used by the SEFSC each area. The number of potential to anthropogenic sound. They found a sources range from 18–333 kHz (see incidents of Level B harassment is significant relationship between source Table 2). These frequencies are within ultimately estimated as the product of type and behavioral response when the very upper hearing range limits of the volume of water ensonified at 160 sources were split into broad categories baleen whales (7 Hz to 35 kHz). The dB rms or higher and the volumetric that reflected whether sources were Simrad EK60 may operate at frequency density of animals determined from continuous, sonar, or seismic (the latter of 18 kHz which is the only frequency simple assumptions about their vertical two of which are intermittent sources). that might be detectable by baleen stratification in the water column. Moreover, while Gomez et al. (2017) whales. However, the beam pattern is Specifically, reasonable assumptions acknowledges acoustically sensitive extremely narrow (11 degrees) at that based on what is known about diving species (beaked whales and harbor frequency. The Simrad ME70 behavior across different marine mammal species were made to segregate porpoise), the authors do not echosounder, EQ50, and Teledyne RD those that predominately remain in the recommend an alternative method for ADCP operate at 50–200 kHz which are upper 200 m of the water column, categorizing sound sources for these all outside of baleen whale hearing versus those that regularly dive deeper species when assessing behavioral capabilities. Therefore, we would not during foraging and transit. Methods for impacts from noise exposure. expect any exposures to these signals to estimating each of these calculations are To apply the continuous 120 dB result in Level B harassment. The described in greater detail in the threshold to all species based on data Simrad EK60 lowest operating following sections, along with the from known acoustically sensitive frequency (18 kHz) is within baleen species (one species of which is the simplifying assumptions made, and whale hearing capabilities. harbor porpoise which is likely to be followed by the take estimates. The assessment paradigm for active rarely encountered in the ARA and do Sound source characteristics—An acoustic sources used in SEFSC not inhabit the GOMRA or CRA) is not initial characterization of the general fisheries research mirrors approaches by warranted as it would be unnecessarily source parameters for the primary active conservative for non-sensitive species. other NMFS Science Centers applying acoustic sources operated by the SEFSC Qualitatively considered in our effects for regulations. It is relatively was conducted, enabling a full analysis below is that beaked whales straightforward and has a number of key assessment of all sound sources used by and harbor porpoise are more simple and conservative assumptions. the SEFSC and delineation of Category acoustically sensitive than other NMFS’ current acoustic guidance 1 and Category 2 sources, the latter of cetacean species, and thus are more requires in most cases that we assume which were carried forward for analysis likely to demonstrate overt changes in Level B harassment occurs when a here. This auditing of the active acoustic behavior when exposed to such sources. marine mammal receives an acoustic sources also enabled a determination of Further, in absence of very sophisticated signal at or above a simple step-function the predominant sources that, when acoustic modeling, our propagation threshold. For use of these active operated, would have sound footprints rates are also conservative. Therefore, acoustic systems used during SEFSC exceeding those from any other the distance to the 160 dB threshold is research, NMFS uses the threshold is simultaneously used sources. These likely much closer to the source than 160 dB re 1 mPa (rms) as the best sources were effectively those used calculated. In summary, the SEFSC’s available science indicates the temporal directly in acoustic propagation proposed activity includes the use of characteristics of a source are most modeling to estimate the zones within intermittent sources (scientific sonar). influential in determining behavioral which the 160 dB rms received level Therefore, the 160 dB re 1 mPa (rms) impacts (Gomez et al., 2016), and it is would occur. threshold is applicable when NMFS’ long standing practice to apply Many of these sources can be operated quantitatively estimating take by Level the 160 dB threshold to intermittent in different modes and with different B harassment incidental to SEFSC sources. Estimating the number of output parameters. In modeling their scientific sonar for all marine mammal exposures at the specified received level potential impact areas, those features species. requires several determinations, each of among those given previously in Table Level A harassment for non-explosive which is described sequentially below: 2 (e.g., lowest operating frequency) that sources—NMFS’ Technical Guidance (1) A detailed characterization of the would lead to the most precautionary for Assessing the Effects of acoustic characteristics of the effective estimate of maximum received level Anthropogenic Sound on Marine sound source or sources in operation; ranges (i.e., largest ensonified area) were Mammal Hearing (Technical Guidance, (2) The operational areas exposed to used. The effective beam patterns took 2018) identifies dual criteria to assess levels at or above those associated with into account the normal modes in which auditory injury (Level A harassment) to Level B harassment when these sources these sources are typically operated. five different marine mammal groups are in operation; While these signals are brief and

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intermittent, a conservative assumption calculating Level B harassment events. in the calculation of effective line- was taken in ignoring the temporal Operating characteristics of each of the kilometers and area of exposure for each pattern of transmitted pulses in predominant sound sources were used source in each survey (Table 9).

TABLE 9—EFFECTIVE EXPOSURE AREAS FOR PREDOMINANT ACOUSTIC SOURCES ACROSS TWO DEPTH STRATA

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

Simrad EK60 narrow beam echosounder ...... 0.0142 0.1411 Simrad ME70 multibeam echosounder ...... 0.0201 0.0201 Teledyne RD Instruments ADCP, Ocean Surveyor ...... 0.0086 0.0187 Simrad ITI trawl monitoring system ...... 0.0032 0.0032

Calculating effective line-kilometers— simple spherical spreading model of total volume characterizing the area As described below, based on the sound propagation loss (20 log R) such ensonified when each predominant operating parameters for each source that there would be 60 dB of attenuation source is operated and accounts for the type, an estimated volume of water over 1000 m. The spherical spreading fact that deeper-diving species may ensonified at or above the 160 dB rms model accounted for the frequency encounter a complex sound field in threshold was calculated. In all cases dependent absorption coefficient and different portions of the water column. where multiple sources are operated the highly directional beam pattern of Marine mammal densities—One of simultaneously, the one with the largest most of these sound sources. For the primary limitations to traditional estimated acoustic footprint was absorption coefficients, the most estimates of Level B harassment from considered to be the effective source. commonly used formulas given by acoustic exposure is the assumption that Two depth zones were defined for each Francois and Garrison (1982) were used. animals are uniformly distributed in research area: a Continental Shelf The lowest frequency was used for time and space across very large Region defined by having bathymetry 0– systems that are operated over a range geographical areas, such as those being 200 m and an Offshore Region with of frequencies. The vertical extent of considered here. There is ample bathymetry >200 m. Effective line this area is calculated for two depth evidence that this is in fact not the case, distance and volume insonified was strata (surface to 200 m, and for deep and marine species are highly calculated for each depth stratum (0– water operations >200 m, surface to heterogeneous in terms of their spatial 200 m and > 200 m), where appropriate range at which the on-axis received distribution, largely as a result of (i.e. in the Continental Shelf region, level reaches 160 dB RMS). This was species-typical utilization of where depth is <200 m, only the applied differentially based on the heterogeneous ecosystem features. Some exposure area for the 0–200 m depth typical vertical stratification of marine more sophisticated modeling efforts stratum was calculated). In some cases, mammals (see Tables 6–9 and 6–10 in have attempted to include species- this resulted in different sources being SEFSC’s application). typical behavioral patterns and diving predominant in each depth stratum for parameters in movement models that For each of the three predominant more adequately assess the spatial and all line km when multiple sources were sound sources, the volume of water in operation. This was accounted for in temporal aspects of distribution and ensonified is estimated as the cross- thus exposure to sound (e.g., Navy, estimating overall exposures for species sectional area (in square kilometers) of that utilize both depth strata (deep 2013). While simulated movement sound at or above 160 dB rms models were not used to mimic divers). For each ecosystem area, the multiplied by the total distance traveled total number of line km that would be individual diving or aggregation by the ship (see Table 6a and 6b in parameters in the determination of surveyed was determined, as was the SEFSC’s application). Where different relative percentage of surveyed linear animal density in this estimation, the sources operating simultaneously would vertical stratification of marine km associated with each source. The be predominant in each different depth mammals based on known or reasonably total line km for each vessel, the strata (e.g., ME70 and EK60 operating assumed diving behavior was integrated effective portions associated with each simultaneously may be predominant in into the density estimates used. of the dominant sound types, and the the shallow stratum and deep stratum, The marine mammal abundance effective total km for operation for each respectively), the resulting cross- estimates used for the ARA and GOM sound type is given in Tables 6–8a and sectional area calculated took this into were obtained from Stock Assessment 6–8b in SEFSC’s application. In account. Specifically, for shallow-diving Reports for the Atlantic and the Gulf of summary, line transect kms range from species this cross-sectional area was Mexico ecosystem areas (Waring et al. 1149 to 3352 in the ARA and 16,797 to determined for whichever was 2012, 2013, 2014, and 2015), and the 30,146 km with sources operating 20– predominant in the shallow stratum, best scientific information available to 100 percent of the time depending on whereas for deeper-diving species, this SEFSC staff. We note abundances for the source. area was calculated from the combined cetacean stocks in western North Calculating volume of water effects of the predominant source in the Atlantic U.S. waters are the combined ensonified—The cross-sectional area of shallow stratum and the (sometimes estimates from surveys conducted by water ensonified to a 160 dB rms different) source predominating in the the NMFS Northeast Fisheries Science received level was calculated using a deep stratum. This creates an effective Center (NEFSC) from central Virginia to

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the lower Bay of Fundy and surveys The time of year when data were and Rommel, 1999; Perrin et al., 2009). conducted by the SEFSC from central collected and from which densities were Animals in the shallow-diving stratum Virginia to central Florida. The SEFSC estimated may not always overlap with were assumed, on the basis of empirical primary area of research is south of the timing of SEFSC fisheries surveys measurements of diving with central Virginia. Therefore, densities are (detailed previously in Detailed monitoring tags and reasonable based on abundance estimates from Description of Activities). assumptions of behavior based on other central Virginia to central Florida and (2) The densities used for purposes of indicators, to spend a large majority of are reported in the stock assessment estimating acoustic exposures do not their lives (i.e., greater than 75 percent) report for each stock. For example, the take into account the patchy at depths shallower than 200 m. Their fin whale abundance estimate for the distributions of marine mammals in an volumetric density and thus exposure to stock is 1,618. However, most of those ecosystem, at least on the moderate to sound is therefore limited by this depth animals occur in the northeast with only fine scales over which they are known boundary. In contrast, species in the about 23 individuals in the southeast to occur. Instead, animals are deeper-diving stratum were assumed to where SEFSC would occur. Therefore, considered evenly distributed regularly dive deeper than 200 m and an abundance estimate of 23 was used throughout the assessed area, and spend significant time at these greater to estimate density. Density estimates in seasonal movement patterns are not depths. Their volumetric density, and areas where a species is known to occur, taken into account. thus potential exposure to sound at or but where published density data is In addition, and to account for at least above the 160 dB rms threshold, is absent, were calculated based on values some coarse differences in marine extended from the surface to the depth published for the species in adjacent mammal diving behavior and the effect at which this received level condition regions by analogy and SEFSC expertise. this has on their likely exposure to these occurs (i.e., corresponding to the 0 to For example, in the CRA there are kinds of often highly directional sound greater than 200 m depth stratum). records of marine mammal species sources, a volumetric density of marine The volumetric densities are estimates occurrence (e.g., Mignucci-Giannoni mammals of each species was of the three-dimensional distribution of 1998, Roden and Mullin 2000). determined. This value is estimated as animals in their typical depth strata. For However, area specific abundance the abundance averaged over the two- shallow-diving species, the volumetric estimates are unavailable so the density dimensional geographic area of the density is the area density divided by estimates for the GOMRA were used as surveys and the vertical range of typical 0.2 km (i.e., 200 m). For deeper diving proxies where appropriate to estimate habitat for the population. Habitat species, the volumetric density is the acoustic take in the CRA. There are a ranges were categorized in two area density divided by a nominal value number of caveats associated with these generalized depth strata (0–200 m and 0 of 0.5 km (i.e., 500 m). The two- estimates: to greater than 200 m) based on gross dimensional and resulting three- (1) They are often calculated using differences between known generally dimensional (volumetric) densities for visual sighting data collected during one surface-associated and typically deep- each species in each ecosystem area are season rather than throughout the year. diving marine mammals (e.g., Reynolds provided in Table 10.

TABLE 10—ABUNDANCES AND VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN SEFSC RESEARCH AREAS USED IN TAKE ESTIMATION

Typical dive depth Continental Continental 3 Offshore area strata 2 Offshore area shelf area 1 shelf area volumetric Species Abundance density density volumetric density (#/km2) density 0–200 m >200 m (#/km2) (#/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 2,002 ...... X ...... 0.00426 ...... 0.00852 whales 5. 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 2,993 ...... X ...... 0.00637 ...... 0.03184 dolphin. Atlantic spotted dolphin 17,917 ...... X ...... 0.39209 0.03812 ...... 1.96043 0.19062 Pantropical spotted 3,333 ...... X ...... 0.00709 ...... 0.03546 dolphin. Striped dolphin ...... 7,925 ...... X ...... 0.01686 ...... 0.08431 Rough-toothed dolphin 271 ...... X ...... 0.00058 ...... 0.00288 Bottlenose dolphin ...... 50,766 (offshore); X ...... 0.25006 0.10802...... 1.25028 0.54010 31,212 (cont. shelf).

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 184 ...... X ...... 0.01857 ...... 0.00101 whales 5. Pygmy killer whale ...... 152 ...... X ...... 0.00080 ...... 0.00400

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TABLE 10—ABUNDANCES AND VOLUMETRIC DENSITIES CALCULATED FOR EACH SPECIES IN SEFSC RESEARCH AREAS USED IN TAKE ESTIMATION—Continued

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

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 dol- 37,611 ...... X ...... 0.09971 unk...... 0.49854 Unk phin 7. Pantropical spotted 50,880 ...... X ...... 0.09412 ...... 0.47062 dolphin. 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); X ...... 0.29462 0.02347 ...... 1.47311 0.11735 51,192 (cont. shelf).

Caribbean Research Area 9

Sperm whale ...... 763 ...... X na 0.00438 ...... na 0.008761 Pygmy/dwarf sperm 186 ...... X na 0.01857...... na 0.00101 whales 56. Killer whale...... 184 ...... X ...... na 0.00000 ...... na 0 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 50,880 ...... X ...... na 0.09412 ...... na 0.470615 dolphin. 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); X ...... Na 0.02347...... na 0.117349 51,192 (cont. shelf). 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, blue whale, sei whale, minke whale, humpback whale, melon-headed whale, killer 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, Fraser’s dolphin, humpback whale and minke whale. 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 Virginia. 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 abun- dant 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 on 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 potential exposure to levels of sound at characteristics of each source and volumetric density to estimate or exceeding the 160 dB rms threshold) identification of the predominant exposures—Estimates of potential are then calculated by using (1) the sources in terms of acoustic output; (2) incidents of Level B harassment (i.e., combined results from output their relative annual usage patterns for

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each operational area; (3) a source- subtracted the cross-sectional ensonified (1) ME70 ensonified volume (0–200 specific determination made of the area area of the shallow stratum (which is m) = 0.0201 km2. of water associated with received already accounted for) from that of the (2) Total Linear kms = 1794 km (no sounds at either the extent of a depth deep stratum. Source- and stratum- pantropical spotted dolphins are found boundary or the 160 dB rms received specific exposure estimates are the on the shelf so those trackline distances sound level; and (4) determination of a product of these ensonified volumes are not included here). volumetric density of marine mammal and the species-specific volumetric species in each area. Estimates of Level densities (Table 11). The general take (3) Pantropical spotted dolphin B harassment by acoustic sources are estimate equation for each source in density (0–200 m) = 0.47062 dolphins/ the product of the volume of water each depth statrum is density * km3. ensonified at 160 dB rms or higher for (ensonified volume * linear kms). If (4) Estimated exposures to sound ≥ the predominant sound source for each there are multiple sources of take in 160 dB rms = 0.47062 pantropical portion of the total line-kilometers for both depth stata, individual take spotted dolphin/km3 * (0.0201 km2 * which it is used and the volumetric estimates were summed. To illustrate, 1794 km) = 16.9 (rounded up) = 17 density of animals for each species. we use the ME70 and the pantropical estimated pantropical spotted dolphin However, in order to estimate the spotted dolphin, which are found only exposures to SPLs ≥ 160 dB rms additional volume of ensonified water in the 0–200 m depth stratum, as an resulting from use of the ME70. in the deep stratum, the SEFSC first example:

TABLE 11—ESTIMATED SOURCE-, STRATUM-, AND SPECIES-SPECIFIC ANNUAL ESTIMATES OF LEVEL B HARASSMENT

Estimated level B harassment (#s of animals) in Estimated level B harassment in 0–200 m dive depth stratum >200 m dive depth stratum Total Species 1 calculated EK60 ME70 EQ50 EK60 EQ50 take

Atlantic Continental Shelf

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

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

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TABLE 11—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 in 0–200 m dive depth stratum >200 m dive depth stratum Total Species 1 calculated EK60 ME70 EQ50 EK60 EQ50 take

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 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, blue whale, sei whale, minke whale, humpback whale, melon-headed whale, killer 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, Fraser’s dolphin, humpback whale and minke whale. This does not mean they were all omitted for take as proxy species provided in this table were used to estimate take, where applicable.

In some cases, the calculated Level B gregarious or travel in group sizes larger requested take to reflect those groups take estimates resulted in low numbers than the calculated take estimate. In sizes (see take column in Table 12). of animals which are known to be those cases, we have adjusted the

TABLE 12—CALCULATED AND AUTHORIZED LEVEL B TAKE ESTIMATES

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

Fin whale ...... Western North Atlantic ...... 1 ...... 2 ...... 4 Blue whale ...... Western North Atlantic ...... N/A 2 ...... 2 ...... 4 N. Atlantic right whale ...... Western North Atlantic ...... N/A 2 ...... 2 ...... 4 Sei whale ...... Western North Atlantic ...... N/A 1 ...... 2 ...... 4 Bryde’s whale ...... Northern Gulf of Mexico ...... 1 ...... 2 ...... 4 Humpback whale ...... Gulf of Maine ...... 2 ...... 4 Sperm whale ...... North Atlantic ...... 2 ...... 2.1 ...... 4 Northern Gulf of Mexico ...... 17 ...... 2.6 ...... 17 Puerto Rico and US 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 ...... 18 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 ...... 267 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 shelf) ...... 110 ...... 10 ...... 110 Northern Gulf of Mexico (coastal) ...... N/A 3 ...... 10 ...... 350 3 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 ...... 110 Northern Gulf of Mexico ...... 1 ...... 89.5 ...... 100 Spinner dolphin ...... Western North Atlantic ...... unk ...... unk ...... 100 Northern Gulf of Mexico ...... 16 ...... 151.5 ...... 200

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TABLE 12—CALCULATED AND AUTHORIZED LEVEL B TAKE ESTIMATES—Continued

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

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 ...... 28 Harbor porpoise ...... Gulf of Maine/Bay of Fundy ...... n/a ...... 8 4 ...... 16 1 Groups sizes based on Fulling et. al., 2003; Garrison et al., 2011; Mullin et al., 2003; and Mullin et al., 2004. 2 Take estimates are based on take calculations using fin whales as a proxy. 3 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. 4 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.

Mitigation of a military readiness activity, When SEFSC-funded surveys are In order to issue an incidental take personnel safety, practicality of conducted aboard cooperative platforms authorization under Section 101(a)(5)(A implementation, and impact on the (i.e., non-NOAA vessels), ultimate or D) of the MMPA, NMFS must set effectiveness of the military readiness responsibility and decision authority forth the permissible methods of taking activity. again rests with non-SEFSC personnel pursuant to such activity, ‘‘and other SEFSC Mitigation for Marine Mammals (i.e., vessel’s master or captain). means of effecting the least practicable and Their Habitat Decision authority includes the impact on such species or stock and its implementation of mitigation measures The SEFSC has invested significant (e.g., whether to stop deployment of habitat, paying particular attention to time and effort in identifying rookeries, mating grounds, and areas of trawl gear upon observation of marine technologies, practices, and equipment mammals). The scientific party involved similar significance, and on the to minimize the impact of the proposed availability of such species or stock for in any SEFSC survey effort is composed, activities on marine mammal species in part or whole, of SEFSC staff and is taking’’ for certain subsistence uses. and stocks and their habitat. The NMFS regulations require applicants for led by a Chief Scientist (CS). Therefore, mitigation measures discussed here because the SEFSC—not OMAO or any incidental take authorizations to include have been determined to be both other entity that may have authority information about the availability and effective and practicable and, in some over survey platforms used by the feasibility (economic and technological) cases, have already been implemented SEFSC—is the applicant to whom any of equipment, methods, and manner of by the SEFSC. In addition, the SEFSC is incidental take authorization issued conducting such activity or other means actively conducting research to of effecting the least practicable adverse determine if gear modifications are under the authority of these regulations impact upon the affected species or effective at reducing take from certain would be issued, we require that the stocks and their habitat (50 CFR types of gear. Any potentially effective SEFSC take all necessary measures to 216.104(a)(11)). and practicable gear modification coordinate and communicate in advance In evaluating how mitigation may or mitigation measures will be discussed of each specific survey with OMAO, and may not be appropriate to ensure the as research results are available as part other relevant parties, to ensure that all least practicable adverse impact on of the adaptive management strategy mitigation measures and monitoring species or stocks and their habitat, as included in this rule. As for other parts requirements described herein, as well well as subsistence uses where of this rule, all references to the SEFSC, as the specific manner of applicable, we carefully consider two unless otherwise noted, include implementation and relevant event- primary factors: requirements for all partner institutions contingent decision-making processes, (1) The manner in which, and the identified in the SEFSC’s application. are clearly understood and agreed-upon. degree to which, the successful Coordination and communication— This may involve description of all implementation of the measure(s) is When SEFSC survey effort is conducted required measures when submitting expected to reduce impacts to marine aboard NOAA-owned vessels, there are cruise instructions to OMAO or when mammals, marine mammal species or both vessel officers and crew and a completing contracts with external stocks, and their habitat. This considers scientific party. Vessel officers and crew entities. The SEFSC will coordinate and the nature of the potential adverse are not composed of SEFSC staff, but are conduct briefings at the outset of each impact being mitigated (likelihood, employees of NOAA’s Office of Marine survey and, as necessary, between ship’s scope, range). It further considers the and Aviation Operations (OMAO), crew (CO/master or designee(s), as likelihood that the measure will be which is responsible for the appropriate) and scientific party in effective if implemented (probability of management and operation of NOAA order to explain responsibilities, accomplishing the mitigating result if fleet ships and aircraft and is composed communication procedures, marine implemented as planned), and the of uniformed officers of the NOAA mammal monitoring protocol, and likelihood of effective implementation Commissioned Corps as well as operational procedures. SEFSC will also (probability implemented as planned); civilians. The ship’s officers and crew coordinate as necessary on a daily basis and provide mission support and assistance during survey cruises with OMAO (2) the practicability of the measures to embarked scientists, and the vessel’s personnel or other relevant personnel for applicant implementation, which Commanding Officer (CO) has ultimate on non-NOAA platforms to ensure that may consider such things as cost, responsibility for vessel and passenger requirements, procedures, and decision- impact on operations, and, in the case safety and, therefore, decision authority. making processes are understood and

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properly implemented. The CS will be While at sea, best professional on rule (when applicable), meaning responsible for coordination with the judgement is used to determine if a delaying setting gear when marine Officer on Deck (OOD; or equivalent on marine mammal is at risk of mammals are observed at or non-NOAA platforms) to ensure that entanglement/hooking and, if so, what approaching the sampling site, and are requirements, procedures, and decision- type of actions should be taken to deemed to be at-risk of becoming making processes are understood and decrease risk of interaction. To improve entangled or hooked on any type of properly implemented. judgement consistency across the fishing gear, and immediately pulling For fisheries research being region, the SEFSC will initiate a process gear from the water when marine conducted by partner entities, it remains for SEFSC and partner institution FPCs, mammals are deemed to be at-risk of the SEFSC’s responsibility to ensure SWLs, scientists, and vessel captains becoming entangled or hooked on any those partners are communicating and and crew to communicate with each type of fishing gear. SEFSC will, at all coordinating with the SEFSC, receiving other about their experiences with times, monitor for any unusual all necessary marine mammal mitigation protected species interactions during circumstances that may arise at a and monitoring training, and research work, with the goal of sampling site and use best professional implementing all required mitigation improving decision-making regarding judgment to avoid any potential risks to and monitoring in a manner compliant avoidance of adverse interactions. The marine mammals during use of all with the rule and LOA. The SEFSC will SEFSC will host at least one training research equipment. incorporate specific language into its annually (may be combined with other In some cases, marine mammals may contracts that specifies training training requirements) to inform be attracted to the vessel during fishing. requirements, operating procedures, and decision-makers of various To avoid increased risk of interaction, reporting requirements for protected circumstances that may arise during the SEFSC will conduct fishery research species that will be required for all surveys, necessary action, and follow-up sampling as soon as practicable upon surveys conducted by research partners, coordination and reporting of instances arriving at a sampling station and prior including those conducted on chartered of take or possible take. The intent of to conducting environmental sampling. vessels. To facilitate this requirement, this new training program would be to If fishing operations have been SEFSC would be required to hold at draw on the collective experience of suspended because of the presence of least one training per year with at least people who have been making those marine mammals, SEFSC may resume one representative from each partner decisions, provide a forum for the fishing operations when interaction institution (preferably CSs of the fishery exchange of information about what with marine mammals is deemed independent surveys discussed in this went right and what went wrong, and unlikely. SEFSC may use best rule) to review the mitigation, try to determine if there are any rules- professional judgment in making this monitoring and reporting requirements. of-thumb or key factors to consider that determination. SEFSC shall coordinate The SEFSC would also provide would help in future decisions with all research partners, at least once consistent, timely support throughout regarding avoidance practices. The annually, to ensure mitigation, the year to address any questions or SEFSC would coordinate, not only monitoring and reporting requirements, concerns researchers may have among its staff and vessel captains and procedures and decision-making regarding these measures. crew, but also with those from other SEFSC would also be required to processes contained within the fisheries science centers, research regulations and LOA are understood. establish and maintain cooperating partners, the Southeast Regional Office, partner working group(s) to identify All vessels must comply with applicable and other institutions with similar and relevant take reduction plans, circumstances of a take should it occur experience. including any required soak time limits and any action necessary to avoid future The SEFSC will coordinate with the and gear length restrictions. take. Each working group shall consist local Southeast Regional Stranding of at least one SEFSC representative Coordinator and the NMFS Stranding Trawl Mitigation Measures knowledgeable of the mitigation, Coordinator for any unusual protected The SEFSC and research partners use monitoring and reporting requirements species behavior and any stranding, a variety of bottom trawl gears for contained within these regulations, one beached live/dead, or floating protected or more research institution or SEFSC species that are encountered during different research purposes. These trawl representative(s) (preferably field research activities. If a large whale types include various shrimp trawls researcher(s) aboard vessel when take or is alive and entangled in fishing gear, (otter, western jib, mongoose, Falcon), risk of take occurred), one or more staff the vessel will immediately call the U.S. high-opening bottom trawls, and flat net from NMFS Southeast Regional Coast Guard at VHF Ch. 16 and/or the bottom trawls (see Table 1–1 and OPRDivision, and one or more staff from appropriate Marine Mammal Health and Appendix A in the DPEA). The SEFSC NMFS OPR. At the onset of these Stranding Response Network for and its research partners also use regulations, SEFSC shall maintain the instructions. All entanglements (live or modified beam trawls and benthic recently established SCDNR working dead) and vessel strikes must be trawls pulled by hand that are not group to identify actions necessary to reported immediately to the NOAA considered to pose a risk to protected reduce the amount of take from SCDNR Fisheries Marine Mammal Stranding species due to their small size and very trawling. If a partner takes more than Hotline at 1–877–433–8299. short tow durations. Therefore, these one marine mammal within 5-years, smaller, hand pulled trawls are not other working groups shall be General Fishing Gear Measures subject to the mitigation measures established to identify circumstances of The following measures describe provided here. marine mammal take and necessary mitigation application to all SEFSC The following mitigation measures action to avoid future take. Each surveys while measures specific to gear apply for trawl surveys: working group shall meet at least once types follow. SEFSC will take all • Limit tow times to 30 minutes annually. The SEFSC will maintain a necessary measures to avoid marine (except for sea turtle research trawls); centralized repository for all working mammal interaction with fishing gear • open codend close to deck/sorting group findings to facilitate sharing and used during fishery research surveys. table during haul back to avoid damage coordination. This includes implementing the move- to animals that may be caught in gear

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and empty gear as quickly as possible These exceptions to the short tow delineation of foraging and nursery after retrieval haul back; duration protocols are necessary to meet areas; and examine how sea turtle • delay gear deployment if marine research objectives. TEDs are used in distributions correlate with temporal mammals are believed to be at-risk of nets that are towed in excess of 55 trends and environmental data interaction; minutes as required by 50 CFR 223.206. (Scientific Research Permit 16733–04). • retrieve gear immediately if marine When research objectives prevent the That research permit includes a number mammals is believed to be entangled or installation of TEDs, tow time limits of marine mammal conditions that must at-risk of entanglement; will match those set by commercial be followed and are incorporated into • implement marine mammal fishing regulations such as the skimmer this rule by reference: mitigation measures included in the trawl fishery which has a 55 minute tow • Trawl tow times must not exceed 30 NMFS ESA Scientific Research permit time limit. This research is covered minutes (bottom time) except in cases under which a survey may be operating; under the authority of the ESA and the when the net is continuously monitored • dedicated marine mammal regulations governing the taking, with a real-time video camera or multi- observations shall occur at least 15 importing, and exporting of endangered beam sonar system; minutes to beginning of net deployment; and threatened species (50 CFR parts • Haul back must begin once a sea this watch may include approach to the 222–226). The SEFSC began using turtle or marine mammal enters the net sampling station; skimmer trawls in their TED testing in • regardless of time limits; at least one scientist will monitor 2012. Mitigation measures in Scientific • Seine net pulls must not exceed 45 for marine mammals while the trawl is Research permit 20339, issued May 23, minutes as part of a 2-hour deployment; deployed and upon haul-back; 2017, include: • Nets must not be put in the water • minimize ‘‘pocketing’’ in areas of • Trawling must not be initiated and trawls must not be initiated when the net where dolphin depredation when marine mammals (except marine mammals are observed within evidence is commonly observed; dolphins or porpoises) are observed • the vicinity of the research; continue investigation into gear within the vicinity of the research, and • modifications (e.g., stiffening lazy lines) Marine mammals must be allowed the marine mammals must be allowed to to either leave or pass through the area and the effectiveness of gear either leave or pass through the area modification; and safely before net setting or trawling is safely before trawling is initiated; initiated; • reduce vessel speed and/or • Researchers must make every effort • Researchers must make every effort implement appropriate course to prevent interactions with marine to prevent interactions with marine alteration. mammals, and researchers must be mammals; In 2008, standard tow durations for aware of the presence and location of • Researchers must be aware of the fishery bottom trawl surveys were these animals at all times as they presence and location of these animals reduced from 55 minutes to 30 minutes conduct trawling activities; or less at target depth (excluding • at all times as they conduct activities; During skimmer trawl surveys, a • deployment and retrieval time). These minimum of two staff, one on each side During skimmer trawl surveys, a short tow durations decrease the (port/starboard) of the vessel, must minimum of two staff, one on each side opportunity for curious marine inspect the gear every 5 minutes to (port/starboard) of the vessel, must mammals to find the vessel and monitor for the presence of marine inspect the gear every five minutes to investigate. Tow times are less than the mammals; monitor for the presence of marine 55 minute tow time restriction required • Prior to retrieving the skimmer mammals; • for commercial shrimp trawlers not trawl tail bags, the vessel must be Prior to retrieving the skimmer using turtle excluder devices (TEDs) (50 slowed from the active towing speed to trawl tail bags, the vessel must be CFR 223.206). The resulting tow 0.5–1.0 kn; slowed from the active towing speed to distances are typically one to two nm or • If a marine mammal enters the net, 0.5–1.0 kn; less, depending on the survey and trawl becomes entangled or dies, researchers • Should marine mammals enter the speed. Short tow times reduce the must (a) Stop trawling activities and research area after the seine or tangle likelihood of entangling protected immediately free the animal, (b) notify nets have been set, the lead line must be species. the appropriate NMFS Regional raised and dropped in an attempt to The move-on rule will be applied to Stranding Coordinator as soon as make marine mammals in the vicinity all oceanic deep water trawls if possible and (c) report the incident aware of the net; sightings occur anywhere around vessel (permitted activities will be suspended • If marine mammals remain within (within 2 nm) during a 30 minute pre- until the Permits Division has granted the vicinity of the research area, tangle gear deployment monitoring timeframe. approval to continue research); and or seine nets must be removed; and Vessels will move away if animals • Video monitoring of the TED must • If a marine mammal enters the trawl appear at risk or trawling will be be used when trawling around Duck, net, becomes entangled or captured, delayed until marine mammals have not North Carolina, to reduce take of researchers must stop activities and been sighted for 30 minutes or Atlantic sturgeon (although this immediately free the animal, notify the otherwise determined to no longer be at requirement is not geared toward NMFS Southeast Regional Stranding risk. If animals are still at risk after marine mammals, the camera feed can Coordinator as soon as possible, report moving or 30 minutes have lapsed, the be used to observe marine mammals to the incident within 2 weeks and, in vessel will move again or the station inform decisions regarding addition to the written report, the will be skipped. implementing mitigation). Permit Holder must contact the Permits Bottom trawl surveys conducted for The SEFSC also holds an ESA- Division. purposes of researching gears designed research permit to assess sea turtle Other mitigation measures are to reduce sea turtle interaction (e.g., abundance, stock identification, life included in research permit 16733–04 turtle exclusion device (TED) testing) history, and impacts of human that are designed for sea turtles but also and develop finfish bycatch mitigation activities; determine sea turtle have benefits to minimizing measures for commercial trawl fisheries movements, fine-scale habitat entanglement of marine mammals. may have tow times of up to 4 hours. characteristics and selection, and These include:

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• Highly visible buoys must be not absorb water but has a higher (the full report can be found at https:// attached to the float line of each net and specific gravity (1.38), which causes it www.fisheries.noaa.gov/node/23111). be spaced at intervals of 10 mor less. to sink. Polyester can be constructed Gearhart and Hathaway (2018) provide Nets must be checked at intervals of less using a process that results in a medium the following summary of research than 30 minutes, and more frequently or hard lay rope that is stiff, avoids methods and findings: From June 9–22, whenever turtles or other organisms are hockling (a twist in the line which gets 2017, HSU conducted gear evaluations observed in the net. If water caught in a block), and is self-coiling in Panama City, Florida, with various temperatures are ≤ 10oC or ≥ 30oC, nets when loaded or unloaded off a capstan lazy lines and configurations. In must be checked at less than 20-minute or gear hauler. The high specific gravity addition to traditional polypropylene, intervals (‘‘net checking’’ is defined as of this type of rope may pose a snagging three types of 3 strand rope were a complete and thorough visual check of or hang-up hazard when used as a lazy examined; Samson Ultra-Blue Medium the net either by snorkeling the net in line in trawl operations. However, the Hard Lay (MHL); Samson SSR 100 MHL; clear water or by pulling up on the top smooth feel of the rope compared to and Samson XLR. Vertical and line such that the full depth of the net polypropylene may reduce the horizontal profiles of each rope type is viewed along the entire length). The attractiveness of the line to the rubbing were measured with and without a float line of all nets must be observed at behavior of bottlenose dolphin. ‘‘sugar line’’ attached in a twin-rigged all times for movements that indicate an In 2007, the HSU conducted trawl configuration. In addition, animal has encountered the net (when preliminary NOAA diver assisted trials dolphin interactions were simulated by this occurs the net must be immediately with High Density Polyethylene (HDPE) NMFS divers with an aluminum checked). During diver-assisted gear rope as a replacement for traditional dolphin fluke model. Results indicate evaluations (SEFSC Small Turtle TED polypropylene. Compared to that the vertical profiles were reduced Testing and Gear Evaluations), dive polypropylene, HDPE rope has similar and horizontal profiles increased for all teams are deployed on the trawls while properties including negligible water rope types when a 25 ft (7.6 m) ‘‘sugar they are being towed. During this absorption, UV resistance, and low line’’ was added. Due to differences in research, divers actively monitor the specific gravity, which allows it to float. elasticity when compared to gear for protected species interactions However, HDPE rope may be polypropylene, the alternative rope and use emergency signal floats to constructed with a harder lay than types experienced greater tension with notify the vessel if an interaction occurs. traditional polypropylene rope. Divers vertical profiles flattening, while the When the signal float is deployed, the found that half-hitching the line was polypropylene rope maintained vertical vessel terminates the tow and slows the more difficult than traditional relief. Results of simulated dolphin gear down to a minimal forward speed polypropylene line. However, interactions were inconclusive with of less than 0.5 knots which allows operational trials were not conducted to divers able to introduce half-hitch loops divers to assist the protected species to examine performance and usability around the model fluke with both escape. aboard the vessel during extended polypropylene and the stiffest fishing operations. alternative rope, Samson SSR 100 MHL. Live feed video or sonar monitoring of Another alternative may be However, divers commented that it was the trawl may be used in lieu of tow replacement of the lazy line with 3⁄8 in. more difficult to introduce the loop in time limits. This mitigation measure is stainless steel cable or replacement of the stiffer Samson SSR 100 MHL than also used in addition to TEDs during the aft portion of the lazy line with 3⁄8 the polypropylene line and more some projects. Video or sonar feeds are in. stainless steel cable. Replacement of difficult to introduce the loop along the monitored for the duration of the tow. the entire lazy line with cable would outer portion of the lazy line with the If a TED is not installed in the trawl and require block replacement and the use a protected species is observed in the of dedicated winches for hauling the sugar line attached, due to the increased trawl then the tow is immediately gear. Replacing the aft portion of the tension on the line. Use of an alternative terminated. If a TED is installed and a lazy line, where bottlenose dolphins stiffer line with low stretch in marine mammal is observed to have typically interact with the line, would combination with a short sugar line may difficulty escaping through the TED not require any changes as long as the reduce the potential for bottlenose opening, or the individual is lost from rope to cable connection is able to dolphin takes on lazy lines. However, the video or sonar feed then the tow is smoothly pass through existing blocks. additional usability research is needed immediately terminated. For all trawl However, each of these changes would with these alternative rope types to see types, the lazy line is a source of result in sinking and potential snagging how they perform under commercial entanglement. In particular, dolphins or hang-up hazards. These conditions. Finally, more directed like to rub the line. Loose lines are modifications are also not without dolphin/lazy line interaction behavior prone to create a half-hitch around their consequences. Lazy line modifications research is needed to better understand tail. Therefore, to mitigate this type of may require vessel equipment changes the modes of interaction and provide interaction, the SEFSC Harvesting (e.g., blocks on research vessels) or may conservation engineers with the Systems Unit (HSU) has conducted change the effectiveness of the catch, knowledge required to better formulate limited research examining the potential precluding the comparison of new data potential solutions. use of lazy lines constructed of with long-term data sets. In 2017, the Given the report’s results and alternative materials designed to reduce HSU conducted a follow-up study, recommendations, NMFS is not marine mammal entanglement with funded by NMFS Office of Science and requiring the SEFSC implement lazy respect to material, thickness, and Technology, to further investigate gear line modifications at this time. stiffness. Polyester rope, also known as modification and the potential However, as an adaptive management Dacron, may be a suitable alternative to effectiveness at reducing dolphin strategy, NMFS will be periodically traditionally used polypropylene. entanglement. assessing lazy line modification as a Polyester rope is UV and abrasion The following summarizes HSU’s potential mitigation measure in this and resistant and has less elasticity than 2017 research efforts on shrimp trawl future regulations. NMFS will continue nylon but does not lose strength when gear modification which was carried out to work with the SEFSC to determine if wet. Polyester, like polypropylene, does to inform the development of this rule gear modifications such as stiffer lazy

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lines are both warranted and practicable dedicated marine mammal observer incidental take of protected species is to implement. Should the SEFSC would observe around the vessel for no determined by the professional volunteer to modify trawl lazy lines, less than 30 minutes prior to gear judgment of the FPC or SWL based on NMFS will work with the researchers to deployment. If a marine mammal is all situation variables, even if the identify any potential benefits and costs observed within 2 nm of the vessel, gear choices compromise the value of the of doing so. deployment would be delayed until that data collected at the station. Care is In addition to interactions with the animal is deemed to not be at risk of taken when emptying the trawl, lazy line, the SEFSC has identified that entanglement (e.g., the animal is moving including opening the codend as close holes in trawl nets resulting from on a path away from the vessel) or the as possible to the deck of the checker (or dolphin depredation are most numerous vessel would move to a location absent sorting table) in order to avoid damage around net ‘‘pockets’’ where fish of marine mammals and deploy gear. If to protected species that may be caught congregate. Reinforcing these more trawling operations have been delayed in the gear but are not visible upon vulnerable sections of the net could because of the presence of protected retrieval. The gear is emptied as quickly help reduce entanglement. Similar to species, the vessel resumes trawl as possible after retrieval in order to lazy line modification investigations, operations (when practicable) only determine whether or not protected this potential mitigation measure will be when these species have not been species are present. further examined to determine its sighted within 30 minutes or are Seine Nets effectiveness and practicability. The determined to no longer be at risk (e.g., regulations provide that ‘‘pocketing’’ of moving away from deployment site). If The SEFSC will implement the the net should be minimized. the vessel moves, the required 30- following mitigation measures when Finally, marine mammal monitoring minute monitoring period begins again. fishing with seine nets (e.g., gillnets, will occur during all trawls. Bottlenose In extreme circumstances, the survey trammel nets): • dolphins are consistently interacting station may need to be cancelled if Conduct gillnet and trammel net with research trawls in the estuary and animals (e.g., delphinids) follow the research activities during daylight hours nearshore waters and are seemingly vessel. In addition to implementing the only; • attracted to the vessel, with most ‘‘move-on’’ rule, all trawling would be Limit soak times to the least amount dolphins converging around the net of time required to conduct sampling; conducted first to reduce the • during haul-back (SCDNR Working opportunity to attract marine mammals Conduct dedicated marine mammal Group, pers. comm., February 2, 2016). to the vessel. However, the order of gear observation monitoring beginning 15 This makes it difficult to ‘‘lose’’ deployment is at the discretion of the minutes prior to deploying the gear and dolphins, even while moving stations. FPC or SWL based on environmental continue through deployment and Due to the known persistent behavior of conditions. Other activities, such as haulback; dolphins around trawls in the estuary • water sampling or plankton tows, are Hand-check the net every 30 and nearshore waters, the move-on rule conducted in conjunction with, or upon minutes if soak times are longer than 30 will not be required for such surveys. completion of, trawl activities. minutes or immediately if disturbance is However, the CS and/or vessel captain observed; will be required to take immediate Once the trawl net is in the water, the • Pull gear immediately if action to reduce dolphin interaction officer on watch, FPC or SWL, and/or disturbance in the nets is observed; should animals appear to be at risk or crew standing watch continue to • Reduce net slack and excess are entangled in the net. For skimmer monitor the waters around the vessel floating and trailing lines; trawl research, both the lazy line and and maintain a lookout for protected • Repair damaged nets prior to net can be monitored from the vessel. species as far away as environmental deploying; and However, this is not possible for bottom conditions allow. If protected species • Delay or pull all gear immediately trawls. Therefore, for bottom trawls, are sighted before the gear is fully and implement the move-on rule if researchers should use best professional retrieved, the most appropriate response marine mammal is at-risk of judgement to determine if gear to avoid incidental take is determined entanglement. deployment should be delayed or by the professional judgment of the FPC The dedicated observation will be hauled. For example, the SCDNR has or SWL, in consultation with the officer made by scanning the water and marsh noted one instance upon which on watch. These judgments take into edge (if visible when working in dolphins appeared distressed, evident consideration the species, numbers, and estuarine waters) 360 degrees around by the entire group converging on the behavior of the animals, the status of the the vessel where the net would be set. net during haul-back. They quickly trawl net operation (net opening, depth, If a marine mammal is sighted during discovered a dolphin was entangled in and distance from the stern), the time it this observation period, nets would not the net. This, and similar types of overt would take to retrieve the net, and be deployed until the animal has left the distress behaviors, should be used by safety considerations for changing speed area, is on a path away from where the researchers monitoring the net to or course. Most marine mammals have net would be set, or has not been re- identify potential entanglement, been caught during haul-back sighted within 15 minutes. requiring the net be hauled-in operations, especially when the trawl Alternatively, the research team may immediately and quickly. doors have been retrieved and the net is move the vessel to an area clear of Pelagic trawls conducted in deep near the surface and no longer under marine mammals. If the vessel moves, water (500–800 m deep) are typically tension. In some situations, risk of the 15 minute observation period is mid-water trawls and occur in oceanic adverse interactions may be diminished repeated. Monitoring by all available waters where marine mammal species by continuing to trawl with the net at crew would continue while the net is diversity is greater when compared to depth until the protected species have being deployed, during the soak, and the coast or estuaries. Oceanic species left the area before beginning haul-back during haulback. often travel in very large groups and are operations. In other situations, swift If marine mammals are sighted in the less likely to have prior encounters and retrieval of the net may be the best peripheral sampling area during active experience with trawl gear than inshore course of action. The appropriate course netting, the SEFSC will raise and lower bottlenose dolphins. For these trawls, a of action to minimize the risk of the net leadline. If marine mammals do

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not immediately depart the area and the pelagic longline surveys and 15 minutes the Atlantic EEZ. These procedures animal appears to be at-risk of prior for other surveys. Binoculars will would also be implemented in the entanglement (e.g, interacting with or on be used as necessary to survey the area GOMRA and CRA. a path towards the net), the SEFSC will while approaching and upon arrival at Other gears—The SEFSC deploys a delay or pull all gear immediately and, the station, while the gear is deployed, wide variety of gear to sample the if required, implement the move-on rule and during haulback. Additional marine environment during all of their if marine mammal is at-risk of monitoring is conducted 15 minutes research cruises. Many of these types of entanglement. prior to setting longline gear by gear (e.g., chevron fish trap, eel traps, If protected species are not sighted members of the scientific crew that dip nets, video cameras and ROV during the 15 minute observation monitor from the back deck while deployments) are not considered to pose period, the gear may be set. Waters baiting hooks. If protected species are any risk to marine mammals due to their surrounding the net and the net itself sighted prior to setting the gear or at any size, deployment methods, or location, would be continuously monitored time the gear is in the water, the bridge and therefore are not subject to during the soak. If protected species are crew and SWL are alerted immediately. mitigation. However, at all times when sighted during the soak and appear to be Environmental conditions (e.g., lighting, the SEFSC is conducting survey at risk of interaction with the gear, then sea state, precipitation, fog, etc.) often operations at sea, the OOD and/or CS the gear is pulled immediately. If fishing limit the distance for effective visual and crew will monitor for any unusual operations are halted, operations resume monitoring of protected species. If circumstances that may arise at a when animal(s) have not been sighted marine mammals are sighted during any sampling site and use best professional within 15 minutes or are determined to monitoring period, the ‘‘move-on’’ rule, judgment to avoid any potential risks to no longer be at risk, as determined by as described in the trawling mitigation marine mammals during all vessel the judgment of the FPC or SWL. In section above would be implemented. If operation and use of research other instances, the station is moved or longline operations have been delayed equipment. cancelled. If any disturbance in the gear because of the presence of protected Electrofishing—Electrofishing occurs is observed in the gear, it is immediately species, the vessel resumes longline on small vessels and operates with a checked or pulled. operations only when these species 3,000 watt pulsed direct current for 15 have not been sighted within 15 minutes. The electric field is less than Hook and Line Gear Mitigation minutes or otherwise determined to no 20 feet (6 m) around the electrofishing In addition to the general mitigation longer be at risk. The risk decision is at vessel. Before the electrofishing vessel measures listed above, the SEFSC will the discretion of the FPC or SWL and is begins operating, a dedicated marine implement the following mitigation dependent on the situation. After the mammal observer would scan the measures: required monitoring period, longline surrounding waters for at least 15 • Monitor area for marine mammals gear is always the first equipment or minutes prior to fishing. If a marine and, if present, delay setting gear until fishing gear to be deployed when the mammal is observed within 50 m of the the animal is deemed not at risk. vessel arrives on station. vessel or on a path toward the vessel, • Immediately reel in lines if marine If marine mammals are detected electrofishing would be delayed. mammals are deemed to be at risk of during setting operations or while the Fishing would not begin until the interacting with gear. gear is in the water and are considered animal is outside of the 50 m safety • Follow existing Dolphin Friendly to be at risk (e.g., moving towards zone or on a consistent path away from Fishing Tips: http://sero.nmfs.noaa.gov/ deployment site, displaying behaviors of the vessel. Alternatively, if animals do protected_resources/outreach_and_ potentially interacting with gear, etc.), not leave the area, the vessel could education/documents/dolphin_friendly_ the FPC or SWL in conjunction with the move to another sampling station. If the fishing_tips.pdf. officer on watch may halt the setting vessel moves, the 15 minutes • Not discard leftover bait overboard operation or call for retrieval of gear observation period is repeated. During while actively fishing. already set. The species, number, and electrofishing, the research crew would • Inspect tackles daily to avoid behavior of the protected species are also monitor for marine mammals. If unwanted line breaks. considered along with the status of the animals are observed within or on a When fishing with bottom or pelagic ship and gear, weather and sea path toward the 50 m safety zone, longlines, the SEFSC will: (1) Limit conditions, and crew safety factors electrofishing would be terminated and longline length and soak times to the when making decisions regarding gear not resume until the animal is clear of minimum amount possible; (2) deploy deployment delay or retrieval. and on a path away from the 50 m safety longline gear first (after required There are also a number of standard zone. All samples collected during monitoring) prior to conducting measures designed to reduce hooking electrofishing are to remain on the environmental sampling; (3) if any potential and minimize injury. In all vessel and not discarded until all marine mammals are observed, delay pelagic longline sets, gangions are 110 electrofishing is completed to avoid deploying gear unless animal is not at percent as long as the drop line depth. attracting protected species. risk of hooking; (4) pull gear Therefore, this gear configuration allows Vessel speed—Vessel speed during immediately and implement the move- a potentially hooked marine mammal to active sampling is less than 5 kn on rule if any marine mammal is hooked reach the surface. SEFSC longline (average 2–3 kn). Transit speeds to and or is at risk of being hooked; (5) deploy protocols specifically prohibit from sampling sites vary from 6–14 kn longline gear prior to environmental chumming, thereby reducing any but average 10 kn. These low vessel sampling; and (6) avoid chumming (i.e., attraction. Further, no stainless steel speeds minimize the potential for ship baiting water). More detail on these hooks are used, so that in the event a strike (see Potential Effects of Specified measures are described below. hook can not be retrieved from an Activities on Marine Mammals and Prior to arrival on station (but within animal, it will corrode. Per PLTRP, the Their Habitat for an in-depth discussion 0.5 nautical mile), the officer, crew SEFSC pelagic longline survey uses the of ship strikes). At any time during a members, and scientific party on watch Pelagic Longline Marine Mammal survey or in transit, if a crew member visually scan for protected species for Handling and Release Guidelines for standing watch or dedicated marine 30 minutes prior to station arrival for any pelagic longline sets made within mammal observer sights marine

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mammals that may intersect with the right whale are reported from aerial that pinger use had eliminated beaked vessel course, that individual will surveys, shipboard surveys, whale whale bycatch. Carretta and Barlow immediately communicate the presence watch vessels, and opportunistic (2011) assessed the long-term of marine mammals to the bridge for sources (U.S. Coast Guard, commercial effectiveness of pingers in reducing appropriate course alteration or speed ships, fishing vessels, and the general marine mammal bycatch in the reduction, if possible, to avoid public). Whale sightings are reported in California drift gillnet fishery by incidental collisions. real time to the Right Whale Early evaluating fishery data from 1990–2009 While transiting in areas subject to the Warning System network and (with pingers in use beginning in 1996), North Atlantic ship strike rule, all information is disseminated to mariners finding that bycatch rates of cetaceans SEFSC- affiliated research vessels within a half hour of a sighting. The were reduced nearly fifty percent in sets (NOAA vessels, NOAA chartered program was designed to reduce using a sufficient number of pingers. vessels, and research partner vessels) collisions between ships and North However, in a behavioral response study will abide by the required speed Atlantic right whales by alerting investigating bottlenose dolphin restrictions and sighting alert protocols. mariners to the presence of the whales behavior around gillnets outfitted with The ship strike rule for the southeast in near real time. Under the rule, all acoustic alarms in North Carolina, there U.S. seasonal management area (SMA) NOAA-affiliated vessels operating in was no significant difference in number requires that, from November 15 North Atlantic right whale habitat will of dolphins or closest approach between through April 15, all vessels 65 feet (20 be required to participate in the Right nets with alarms and nets without m) or longer must slow to 10 kn or less Whale Early Warning System. alarms (Cox et al., 2003). Studies of in the right whale calving and nursery Acoustic and Visual Deterrent acoustic deterrents in a trawl fishery in grounds which are bounded to the north Devices—Acoustic and visual deterrents Australia concluded that pingers are not by latitude 31°27′ N, to the south by include, but are not limited; to pingers, likely to be effective in deterring 29°45′ N, and to the east by 80°51′36″ recordings of predator vocalizations, bottlenose dolphins, as they are already W. Mid-Atlantic SMAs include several light sticks, and reflective twine/rope. aware of the gear due to the noisy nature port or bay entrances from northern Pingers are underwater sound-emitting of the fishery (Stephenson and Wells Georgia to Rhode Island between 2008, Allen et al. 2014). Acoustic devices attached to gear that have been November 1 and April 30. In addition, deterrents were also ineffective in shown to decrease the probability of dynamic management areas (DMAs) are reducing bycatch of common dolphins interactions with certain species of temporary areas created around right in the U.K. bass pair trawl fishery marine mammals. Pingers have been whale sightings, the size of which (Mackay and Northridge 2006). depends on the number of whales shown to be effective in deterring some The use and effectiveness of acoustic sighted. Voluntary speed reductions marine mammals, particularly harbor deterrent devices in fisheries in which may apply when no SMA is in effect. porpoises, from interacting with gillnet bottlenose dolphins have the potential All NOAA research vessels operating in gear (Nowacek et al. 2007, Carretta and to interact has been approached with North Atlantic right whale habitat Barlow 2011). Multiple studies have caution. Two primary concerns participate in the Right Whale Early reported large decreases in harbor expressed with regard to pinger Warning System. porpoise mortality (approximately 80 to effectiveness in reducing marine SEFSC research vessel captains and 90 percent) in bottom-set gillnets (nets mammal bycatch relate to habituation crew watch for marine mammals while composed of vertical panes of netting, (i.e., marine mammals may become underway during daylight hours and typically set in a straight line and either habituated to the sounds made by the take necessary actions to avoid them. anchored to the bottom or drifting) pingers, resulting in increasing bycatch There are currently no Marine Mammal during controlled experiments (e.g., rates over time; Dawson, 1994; Cox et Observers (MMOs) aboard the vessels Kraus et al., 1997; Trippel et al., 1999; al., 2001; Carlstro¨m et al., 2009) and the dedicated to watching for marine Gearin et al., 2000). Using commercial ‘‘dinner bell effect’’ (Dawson, 1994; mammals to minimize the risk of fisheries data rather than a controlled Richardson et al., 1995), which implies collisions, although the large NOAA experiment, Palka et al. (2008) reported that certain predatory marine mammal vessels (e.g., NOAA Ship Pisces) that harbor porpoise bycatch rates in the species may come to associate pingers operated by the NOAA Office of Marine northeast U.S gillnet fishery when with a food source (e.g., fish caught in and Aviation Operations (OMAO) fishing without pingers was about two nets), with the result that bycatch rates include one bridge crew dedicated to to three times higher compared to when may be higher in nets with pingers than watching for obstacles at all times, pingers were used. After conducting a in those without. including marine mammals. At any time controlled experiment in a California The BDTRP, after years of directed during a survey or in transit, any bridge drift gillnet fishery during 1996–97, investigation, found that pingers are not personnel that sights marine mammals Barlow and Cameron (2003) reported effective at deterring bottlenose that may intersect with the vessel course significantly lower bycatch rates when dolphins from depredating on fish immediately communicates their pingers were used for all cetacean captured by trawls and gillnets. During presence to the helm for appropriate species combined, all pinniped species research driven by the BDTRT efforts to course alteration or speed reduction as combined, and specifically for short- better understand the effectiveness of soon as possible to avoid incidental beaked common dolphins (85 percent pingers on bottlenose dolphins, one collisions, particularly with large reduction) and California sea lions (69 became entangled and drowned in a net whales (e.g., North Atlantic right percent reduction). While not a outfitted with a pinger. Dolphins can whales). statistically significant result, catches of become attracted to the sound of the The Right Whale Early Warning Pacific white-sided dolphins (which are pinger because they learn it signals the System is a multi-agency effort that historically one of the most frequently presence of fish (i.e., the ‘‘dinner bell includes the SEFSC, the Florida Fish captured species in SEFSC surveys; see effect’’), raising concerns about potential and Wildlife Conservation Commission Table 4) were reduced by 70 percent. increased entanglement risks (Cox et al., (FWCC), U.S. Coast Guard, U.S. Navy, Carretta et al. (2008) subsequently 2003; Read et al., 2004 and 2006; and and volunteer observers. Sightings of examined 9 years of observer data from Read and Waples 2010). Due to the lack the critically endangered North Atlantic the same drift gillnet fishery and found of evidence that pingers are effective at

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deterring bottlenose dolphins coupled Release, and Identification Workshop • Individual marine mammal with the potential dinner-bell effect, the www.nmfs.noaa.gov/sfa/hms/ responses (behavioral or physiological) BDTRP does not recommend them for compliance/workshops/protected_ to acoustic stressors (acute, chronic, or use in SEFSC for bottlenose dolphins. species_workshop/index.html or other cumulative), other stressors, or The effectiveness of acoustic and similar training. The SEFSC shall cumulative impacts from multiple visual deterrents for species provide SEFSC scientists and partner stressors; encountered in the ARA, GOMRA, and institutions with the Protected Species • How anticipated responses to CRA is uncertain. Therefore, the SEFSC Safe Handling and Release Manual (see stressors impact either: (1) Long-term will not be required to outfit gear with Appendix D is SEFSC’s application) and fitness and survival of individual deterrent devices but is encouraged to advise researchers to follow this marine mammals; or (2) populations, undertake investigations on the efficacy manual, in addition to lessons learned species, or stocks; of these measures where unknown (i.e., during training, should a marine • not for surveys in which bottlenose mammal become entangled during a Effects on marine mammal habitat dolphins are primary bycatch) in order survey. For those scientists conducting (e.g., marine mammal prey species, to minimize the potential for takes. longline surveys, the SEFSC shall acoustic habitat, or other important Disentanglement Handling provide training on the Pelagic Longline physical components of marine Procedures—The SEFSC will implement Take Reduction Team Marine Mammal mammal habitat); and a number of handling protocols to Handling and Release Guidelines. • Mitigation and monitoring minimize the potential harm to marine Based on our evaluation of the effectiveness. mammals that are incidentally taken SEFSC’s proposed measures, as well as The SEFSC plans to make more during the course of fisheries research other measures considered by NMFS, systematic its training, operations, data activities. In general, protocols have NMFS has preliminarily determined collection, animal handling and already been prepared for use on that the mitigation measures provide the sampling protocols, etc. in order to commercial fishing vessels. Although means of effecting the least practicable improve its ability to understand how commercial fisheries are known to take impact on the affected species or stocks mitigation measures influence a larger number of marine mammals and their habitat, paying particular interaction rates and ensure its research than fisheries research, the nature of attention to rookeries, mating grounds, operations are conducted in an entanglements are similar. Therefore, and areas of similar significance. informed manner and consistent with the SEFSC would adopt commercial Monitoring and Reporting lessons learned from those with fishery disentanglement protocols, experience operating these gears in In order to issue an incidental take which are expected to increase post- close proximity to marine mammals. We authorization for an activity, section release survival. Handling or propose the monitoring requirements 101(a)(5)(A) of the MMPA states that disentangling marine mammals carries described below. inherent safety risks, and using best NMFS must set forth ‘‘requirements professional judgment and ensuring pertaining to the monitoring and Marine mammal watches are a human safety is paramount. reporting of such taking.’’ The MMPA standard part of conducting fisheries Captured live or injured marine implementing regulations at 50 CFR research activities and are implemented mammals are released from research 216.104 (a)(13) require that requests for as described previously in the gear and returned to the water as soon incidental take authorizations must Mitigation section. Dedicated marine as possible with no gear or as little gear include the suggested means of mammal observations occur as remaining on the animal as possible. accomplishing the necessary monitoring described (1) for some period prior to Animals are released without removing and reporting that will result in deployment of most research gear; (2) them from the water if possible, and increased knowledge of the species and throughout deployment and active data collection is conducted in such a of the level of taking or impacts on fishing of all research gears; (3) for some manner as not to delay the release of the populations of marine mammals that are period prior to retrieval of gear; and (4) animal(s) or endanger the crew. SEFSC expected to be present in the action throughout retrieval of research gear. is responsible for training SEFSC and area. Observers should record the species and partner researchers on how to identify Monitoring and reporting estimated number of animals present different species; handle and bring requirements prescribed by NMFS and their behaviors, which may be marine mammals aboard a vessel; assess should contribute to improved valuable information towards an the level of consciousness; remove understanding of one or more of the understanding of whether certain fishing gear; and return marine following: species may be attracted to vessels or mammals to water. Human safety is • Occurrence of marine mammal certain survey gears. Separately, on always the paramount concern. species or stocks in the action area (e.g., white boats, marine mammal watches At least two persons aboard SEFSC presence, abundance, distribution, are conducted by watch-standers (those ships and one person aboard smaller density); navigating the vessel and other crew; vessels, including vessels operated by • Nature, scope, or context of likely these will typically not be SEFSC partners where no SEFSC staff are marine mammal exposure to potential personnel) at all times when the vessel present, will be trained in marine stressors/impacts (individual or is being operated. The primary focus for mammal handling, release, and cumulative, acute or chronic), through this type of watch is to avoid striking disentanglement procedures. If a marine better understanding of: (1) Action or marine mammals and to generally avoid mammal is entangled or hooked in environment (e.g., source navigational hazards. These watch- fishery research gear and discovered characterization, propagation, ambient standers typically have other duties alive, the SEFSC or affiliate will follow noise); (2) affected species (e.g., life associated with navigation and other safe handling procedures. To facilitate history, dive patterns); (3) co-occurrence vessel operations and are not required to this training, SEFSC would be required of marine mammal species with the record or report data to the scientific to ensure relevant researchers attend the action; or (4) biological or behavioral party on marine mammal sightings, NMFS Highly Migratory Species/ context of exposure (e.g., age, calving or except when gear is being deployed or Protected Species Safe Handling, feeding areas); retrieved.

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Training decision-maker (i.e., responsible for mammals that are encountered during The SEFSC anticipates that additional decisions regarding the avoidance of field research activities. The SEFSC will information on practices to avoid marine mammal interactions with follow a phased approach with regard to marine mammal interactions can be survey gear through the application of the cessation of its activities and/or gleaned from training sessions and more best professional judgment) learns from reporting of such events, as described in systematic data collection standards. the prior experience of all relevant the regulatory text following this The SEFSC will conduct annual SEFSC personnel (rather than from preamble. In addition, CS (or cruise trainings for all CS and other personnel solely their own experience). The leader) will provide reports to SEFSC who may be responsible for conducting outcome should be increased leadership and to the OPR. As a result, dedicated marine mammal visual transparency in decision-making when marine mammals interact with observations to explain mitigation processes where best professional survey gear, whether killed or released measures and monitoring and reporting judgment is appropriate and, to the alive, a report provided by the CS will extent possible, some degree of requirements, mitigation and fully describe any observations of the standardization across common monitoring protocols, marine mammal animals, the context (vessel and situations, with an ultimate goal of identification, recording of count and conditions), decisions made and reducing marine mammal interactions. disturbance observations (relevant to rationale for decisions made in vessel It is the responsibility of the SEFSC to AMLR surveys), completion of and gear handling. The circumstances of facilitate such exchange. datasheets, and use of equipment. Some these events are critical in enabling the of these topics may be familiar to SEFSC Handling Procedures and Data SEFSC and OPR to better evaluate the staff, who may be professional Collection conditions under which takes are most biologists. The SEFSC shall determine likely occur. We believe in the long term Improved standardization of handling this will allow the avoidance of these the agenda for these trainings and procedures was discussed previously in ensure that all relevant staff have types of events in the future. the Mitigation section. SEFSC believes The SEFSC will submit annual necessary familiarity with these topics. that implementing these protocols will The first such training will include summary reports to OPR including: benefit animals through increased post- (1) Annual line-kilometers surveyed three primary elements: release survival. In addition, SEFSC during which the EK60, ME70, SX90 (or First, the course will provide an believes that adopting these protocols overview of the purpose and need for equivalent sources) were predominant for data collection will also increase the (see ‘‘Estimated Take’’ for further the authorization, including mandatory information on which ‘‘serious injury’’ mitigation measures by gear and the discussion), specific to each region; determinations (NMFS, 2012a, b) are (2) Summary information regarding purpose for each, and species that the based and improve scientific knowledge use of all trawl, net, and hook and line SEFSC is authorized to incidentally about marine mammals that interact gear, including number of sets, tows, take. Second, the training will provide with fisheries research gears and the hook hours, etc., specific to each detailed descriptions of reporting, data factors that contribute to these research area and gear; collection, and sampling protocols. This interactions. SEFSC personnel will be (3) Accounts of all incidents of marine portion of the training will include provided standard guidance and mammal interactions, including instruction on how to complete new training regarding handling of marine circumstances of the event and data collection forms such as the marine mammals, including how to identify descriptions of any mitigation mammal watch log, the incidental take different species, bring an individual procedures implemented or not form (e.g., specific gear configuration aboard a vessel, assess the level of implemented and why; and details relevant to an interaction consciousness, remove fishing gear, (4) Summary information related to with protected species), and forms used return an individual to water and log any disturbance of marine mammals for species identification and biological activities pertaining to the interaction. and distance of closest approach; sampling. The biological data collection The SEFSC will record interaction (5) A written description of any and sampling training module will information on either existing data mitigation research investigation efforts include the same sampling and forms created by other NMFS programs and findings (e.g., lazy line necropsy training that is used for the or will develop their own standardized modifications); Southeast Regional Observer training. forms. To aid in serious injury (6) A written evaluation of the The SEFSC will also dedicate a determinations and comply with the effectiveness of SEFSC mitigation portion of training to discussion of best current NMFS Serious Injury strategies in reducing the number of professional judgment (which is Guidelines, researchers will also answer marine mammal interactions with recognized as an integral component of a series of supplemental questions on survey gear, including best professional mitigation implementation; see the details of marine mammal judgment and suggestions for changes to Mitigation), including use in any interactions. the mitigation strategies, if any; incidents of marine mammal interaction Finally, for any marine mammals that (7) Details on marine mammal-related and instructive examples where use of are killed during fisheries research training taken by SEFSC and partner best professional judgment was activities, when practicable, scientists scientists; and determined to be successful or will collect data and samples pursuant (8) A summary of meeting(s) and unsuccessful. We recognize that many to Appendix D of the SEFSC DEA, workshop(s) outcomes with any partner factors come into play regarding ‘‘Protected Species Handling Procedures working group, including, the South decision-making at sea and that it is not for SEFSC Fisheries Research Vessels.’’ Carolina Department of Natural practicable to simplify what are Resources, designed to reduce the inherently variable and complex SEFSC Reporting number of marine mammal interactions. situational decisions into rules that may As is normally the case, SEFSC will The period of reporting will be be defined on paper. However, it is our coordinate with the relevant stranding annually, beginning one year post- intent that use of best professional coordinators for any unusual marine issuance of any LOA, and the report judgment be an iterative process from mammal behavior and any stranding, must be submitted not less than ninety year to year, in which any at-sea beached live/dead, or floating marine days following the end of a given year.

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Submission of this information is in marine mammals that might be ‘‘taken’’ PBR when evaluating lethal takes in the service of an adaptive management by mortality, serious injury, and Level A negligible impact analysis under section framework allowing NMFS to make or Level B harassment, we consider 101(a)(5)(A) violated the requirement to appropriate modifications to mitigation other factors, such as the likely nature use the best available science. and/or monitoring strategies, as of any behavioral responses (e.g., PBR is defined in section 3 of the necessary, during the 5-year period of intensity, duration), the context of any MMPA as ‘‘the maximum number of validity for these regulations and LOA. such responses (e.g., critical animals, not including natural Should an incidental take occur, the reproductive time or location, mortalities, that may be removed from a SEFSC, or affiliated partner involved in migration), as well as effects on habitat, marine mammal stock while allowing the taking, shall follow the NMFS Final and the likely effectiveness of that stock to reach or maintain its Take Reporting and Response mitigation. We also assess the number, optimum sustainable population’’ (OSP) Procedures, dated January 15, 2016. intensity, and context of estimated takes and, although not controlling, can be NMFS has established a formal by evaluating this information relative one measure considered among other incidental take reporting system, the to population status. Consistent with the factors when evaluating the effects of M/ PSIT database, requiring that incidental 1989 preamble for NMFS’s SI on a marine mammal species or stock takes of protected species be reported implementing regulations (54 FR 40338; during the section 101(a)(5)(A) process. within 48 hours of the occurrence. The September 29, 1989), the impacts from OSP is defined in section 3 of the PSIT generates automated messages to other past and ongoing anthropogenic MMPA as ‘‘the number of animals NMFS leadership and other relevant activities are incorporated into this which will result in the maximum staff, alerting them to the event and to analysis via their impacts on the productivity of the population or the the fact that updated information environmental baseline (e.g., as species, keeping in mind the carrying describing the circumstances of the reflected in the regulatory status of the capacity of the habitat and the health of event has been inputted to the database. species, population size and growth rate the ecosystem of which they form a The PSIT and CS reports represent not where known, ongoing sources of constituent element.’’ Through section only valuable real-time reporting and human-caused mortality, and specific 2, an overarching goal of the statute is information dissemination tools but also consideration of take by M/SI to ensure that each species or stock of serve as an archive of information that previously authorized for other NMFS marine mammal is maintained at or may be mined in the future to study research activities). returned to its OSP. why takes occur by species, gear, region, We note here that the takes from PBR values are calculated by NMFS as etc. potential gear interactions enumerated the level of annual removal from a stock The SEFSC will also collect and below could result in non-serious injury that will allow that stock to equilibrate report all necessary data, to the extent or no injury, but their worst potential within OSP at least 95 percent of the practicable given the primacy of human outcome (M/SI) is analyzed for the time, and is the product of factors safety and the well-being of captured or purposes of the negligible impact relating to the minimum population entangled marine mammals, to facilitate determination. estimate of the stock (Nmin), the serious injury (SI) determinations for We discuss here the connection, and productivity rate of the stock at a small marine mammals that are released alive. differences, between the legal population size, and a recovery factor. The SEFSC will require that the CS mechanisms for authorizing incidental Determination of appropriate values for complete data forms and address take under section 101(a)(5) for these three elements incorporates supplemental questions, both of which activities such as the SEFSC fishery significant precaution, such that have been developed to aid in SI research activities, and for authorizing application of the parameter to the determinations. The SEFSC understands incidental take from commercial management of marine mammal stocks the critical need to provide as much fisheries. In 1988, Congress amended may be reasonably certain to achieve the relevant information as possible about the MMPA’s provisions for addressing goals of the MMPA. For example, marine mammal interactions to inform incidental take of marine mammals in calculation of the minimum population decisions regarding SI determinations. commercial fishing operations. Congress estimate (Nmin) incorporates the level of In addition, the SEFSC will perform all directed NMFS to develop and precision and degree of variability necessary reporting to ensure that any recommend a new long-term regime to associated with abundance information, incidental M/SI is incorporated as govern such incidental taking (see while also providing reasonable appropriate into relevant SARs. MMC, 1994). The need to develop a assurance that the stock size is equal to system suited to the unique or greater than the estimate (Barlow et Negligible Impact Analysis and circumstances of commercial fishing al., 1995), typically by using the 20th Determination operations led NMFS to suggest a new percentile of a log-normal distribution Introduction—NMFS has defined conceptual means and associated of the population estimate. In general, negligible impact as an impact resulting regulatory framework. That concept, the three factors are developed on a from the specified activity that cannot PBR, and a system for developing plans stock-specific basis in consideration of be reasonably expected to, and is not containing regulatory and voluntary one another in order to produce reasonably likely to, adversely affect the measures to reduce incidental take for conservative PBR values that species or stock through effects on fisheries that exceed PBR were appropriately account for both annual rates of recruitment or survival incorporated as sections 117 and 118 in imprecision that may be estimated, as (50 CFR 216.103). A negligible impact the 1994 amendments to the MMPA. In well as potential bias stemming from finding is based on the lack of likely Conservation Council for Hawaii v. lack of knowledge (Wade, 1998). adverse effects on annual rates of National Marine Fisheries Service, 97 F. Congress called for PBR to be applied recruitment or survival (i.e., population- Supp.3d 1210 (D. Haw. 2015), which within the management framework for level effects). An estimate of the number concerned a challenge to NMFS’ commercial fishing incidental take of takes alone is not enough information regulations and LOAs to the Navy for under section 118 of the MMPA. As a on which to base an impact activities assessed in the 2013–2018 result, PBR cannot be applied determination. In addition to HSTT MMPA rulemaking, the Court appropriately outside of the section 118 considering estimates of the number of ruled that NMFS’ failure to consider regulatory framework without

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consideration of how it applies within fishing, it did not alter the standards for ‘‘strategic’’ as defined in section 3). But the section 118 framework, as well as authorizing non-commercial fishing nothing in the statute requires the how the other statutory management incidental take under section 101(a)(5), application of PBR outside the frameworks in the MMPA differ from implicitly acknowledging that the management of commercial fisheries the framework in section 118. PBR was negligible impact standard under interactions with marine mammals. not designed and is not used as an section 101(a)(5) is separate from the Nonetheless, NMFS recognizes that as a absolute threshold limiting commercial PBR metric under section 118. In fact, quantitative metric, PBR may be useful fisheries. Rather, it serves as a means to in 1994 Congress also amended section as a consideration when evaluating the evaluate the relative impacts of those 101(a)(5)(E) (a separate provision impacts of other human-caused activities on marine mammal stocks. governing commercial fishing incidental activities on marine mammal stocks. Even where commercial fishing is take for species listed under the ESA) to Outside the commercial fishing context, causing M/SI at levels that exceed PBR, add compliance with the new section and in consideration of all known the fishery is not suspended. When M/ 118 but retained the standard of the human-caused mortality, PBR can help SI exceeds PBR in the commercial negligible impact finding under section inform the potential effects of M/SI fishing context under section 118, 101(a)(5)(A) (and section 101(a)(5)(D)), requested to be authorized under NMFS may develop a take reduction showing that Congress understood that 101(a)(5)(A). As noted by NMFS and the plan, usually with the assistance of a the determination of negligible impact U.S. Fish and Wildlife Service in our take reduction team. The take reduction and application of PBR may share implementation regulations for the 1986 plan will include measures to reduce certain features but are, in fact, amendments to the MMPA (54 FR and/or minimize the taking of marine different. 40341, September 29, 1989), the mammals by commercial fisheries to a Since the introduction of PBR in Services consider many factors, when level below the stock’s PBR. That is, 1994, NMFS had used the concept available, in making a negligible impact where the total annual human-caused almost entirely within the context of determination, including, but not M/SI exceeds PBR, NMFS is not implementing sections 117 and 118 and limited to, the status of the species or required to halt fishing activities other commercial fisheries management- stock relative to OSP (if known); contributing to total M/SI but rather related provisions of the MMPA. Prior whether the recruitment rate for the utilizes the take reduction process to to the Court’s ruling in Conservation species or stock is increasing, further mitigate the effects of fishery Council for Hawaii v. National Marine decreasing, stable, or unknown; the size activities via additional bycatch Fisheries Service and consideration of and distribution of the population; and reduction measures. In other words, PBR in a series of section 101(a)(5) existing impacts and environmental under section 118 of the MMPA, PBR rulemakings, there were a few examples conditions. In this multi-factor analysis, does not serve as a strict cap on the where PBR had informed agency PBR can be a useful indicator for when, operation of commercial fisheries that deliberations under other MMPA and to what extent, the agency should may incidentally take marine mammals. sections and programs, such as playing take an especially close look at the a role in the issuance of a few scientific circumstances associated with the Similarly, to the extent PBR may be research permits and subsistence potential mortality, along with any other relevant when considering the impacts takings. But as the Court found when factors that could influence annual rates of incidental take from activities other reviewing examples of past PBR of recruitment or survival. than commercial fisheries, using it as consideration in Georgia Aquarium v. When considering PBR during the sole reason to deny (or issue) Pritzker, 135 F. Supp. 3d 1280 (N.D. Ga. evaluation of effects of M/SI under incidental take authorization for those 2015), where NMFS had considered section 101(a)(5)(A), we first calculate a activities would be inconsistent with PBR outside the commercial fisheries metric for each species or stock that Congress’s intent under section context, ‘‘it has treated PBR as only one incorporates information regarding 101(a)(5), NMFS’ long-standing ‘quantitative tool’ and [has not used it] ongoing anthropogenic M/SI from all regulatory definition of ‘‘negligible as the sole basis for its impact sources into the PBR value (i.e., PBR impact,’’ and the use of PBR under analyses.’’ Further, the agency’s minus the total annual anthropogenic section 118. The standard for thoughts regarding the appropriate role mortality/serious injury estimate in the authorizing incidental take for activities of PBR in relation to MMPA programs SAR), which is called ‘‘residual PBR.’’ other than commercial fisheries under outside the commercial fishing context (Wood et al., 2012). We first focus our section 101(a)(5) continues to be, among have evolved since the agency’s early analysis on residual PBR because it other things that are not related to PBR, application of PBR to section 101(a)(5) incorporates anthropogenic mortality whether the total taking will have a decisions. Specifically, NMFS’ denial of occurring from other sources. If the negligible impact on the species or a request for incidental take ongoing human-caused mortality from stock. Nowhere does section authorization for the U.S. Coast Guard other sources does not exceed PBR, then 101(a)(5)(A) reference use of PBR to in 1996 seemingly was based on the residual PBR is a positive number, and make the negligible impact finding or potential for lethal take in relation to we consider how the anticipated or authorize incidental take through multi- PBR and did not appear to consider potential incidental M/SI from the year regulations, nor does its companion other factors that might also have activities being evaluated compares to provision at 101(a)(5)(D) for authorizing informed the potential for ship strike in residual PBR using the framework in the non-lethal incidental take under the relation to negligible impact (61 FR following paragraph. If the ongoing same negligible-impact standard. NMFS’ 54157; October 17, 1996). anthropogenic mortality from other MMPA implementing regulations state The MMPA requires that PBR be sources already exceeds PBR, then that take has a negligible impact when estimated in SARs and that it be used residual PBR is a negative number and it does not ‘‘adversely affect the species in applications related to the we consider the M/SI from the activities or stock through effects on annual rates management of take incidental to being evaluated as described further of recruitment or survival’’—likewise commercial fisheries (i.e., the take below. without reference to PBR. When reduction planning process described in When ongoing total anthropogenic Congress amended the MMPA in 1994 section 118 of the MMPA and the mortality from the applicant’s specified to add section 118 for commercial determination of whether a stock is activities does not exceed PBR and

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residual PBR is a positive number, as a calculation) is underestimated because were not exceeded, there would not be simplifying analytical tool, we first marine mammal survey data within the adverse effects on the affected species or consider whether the specified activities U.S. EEZ are used to calculate the stocks. Nonetheless, it is equally clear could cause incidental M/SI that is less abundance, even when the stock range that in some cases the time to reach this than 10 percent of residual PBR (the extends well beyond the U.S. EEZ. An aspirational OSP level could be slowed ‘‘insignificance threshold,’’ see below). underestimate of abundance could by more than 10 percent (i.e., total If so, we consider M/SI from the result in an underestimate of PBR. human-caused mortality in excess of specified activities to represent an Alternatively, we sometimes may not PBR could be allowed) without insignificant incremental increase in have complete M/SI data beyond the adversely affecting a species or stock ongoing anthropogenic M/SI for the U.S. EEZ to compare to PBR, which through effects on its rates of marine mammal stock in question, that could result in an overestimate of recruitment or survival. Thus, even in alone (i.e., in the absence of any other residual PBR. The accuracy and situations where the inputs to calculate take) will not adversely affect annual certainty around the data that feed any PBR are thought to accurately represent rates of recruitment and survival. As PBR calculation, such as the abundance factors such as the species’ or stock’s such, this amount of M/SI would not be estimates, must be carefully considered abundance or productivity rate, it is still expected to affect rates of recruitment or to evaluate whether the calculated PBR possible for incidental take to have a survival in a manner resulting in more accurately reflects the circumstances of negligible impact on the species or stock than a negligible impact on the affected the particular stock. M/SI that exceeds even where M/SI exceeds residual PBR stock unless there are other factors that PBR may still potentially be found to be or PBR. could affect reproduction or survival, negligible in light of other factors that As noted above, in some cases the such as Level A and/or Level B offset concern, especially when robust ongoing human-caused mortality from harassment, or other considerations mitigation and adaptive management activities other than those being such as information that illustrates the provisions are included. evaluated already exceeds PBR. uncertainty involved in the calculation In Conservation Council for Hawaii v. Therefore, residual PBR is negative. In of PBR for some stocks. In a few prior NMFS, 97 F.Supp.3d 1210 (D. Haw. these cases (specifically two GoM BSE incidental take rulemakings, this 2015), which involved the challenge to stocks: Mississippi Sound and Mobile threshold was identified as the NMFS’ issuance of LOAs to the Navy in Bay), any additional mortality, no ‘‘significance threshold,’’ but it is more 2013 for activities in the HSTT Study matter how small, and no matter how accurately labeled an insignificance Area, the Court reached a different small relative to the mortality caused by threshold. Thus, we use that conclusion, stating, ‘‘Because any other human activities, would result in terminology here, as we did in the mortality level that exceeds PBR will greater exceedance of PBR. PBR is AFTT Proposed and Final Rules (83 FR not allow the stock to reach or maintain helpful in informing the analysis of the 57076; November 14, 2018). Assuming its OSP, such a mortality level could not effects of mortality on a species or stock that any additional incidental take by be said to have only a ‘negligible because it is important from a biological Level A or Level B harassment from the impact’ on the stock.’’ As described perspective to be able to consider how activities in question would not above, the Court’s statement the total mortality in a given year may combine with the effects of the fundamentally misunderstands the two affect the population. However, section authorized M/SI to exceed the negligible terms and incorrectly indicates that 101(a)(5)(A) of the MMPA indicates that these concepts (PBR and ‘‘negligible NMFS shall authorize the requested impact level, the anticipated M/SI impact’’) are directly connected, when incidental take from a specified activity caused by the activities being evaluated in fact nowhere in the MMPA is it if we find that ‘‘the total of such taking would have a negligible impact on the indicated that these two terms are [i.e., from the specified activity] will species or stock. However, M/SI above equivalent. have a negligible impact on such species the 10 percent insignificance threshold Specifically, PBR was designed as a or stock.’’ In other words, the task under does not indicate that the M/SI tool for evaluating mortality and is the statute is to evaluate the applicant’s associated with the specified activities defined as the number of animals that anticipated take in relation to their is approaching a level that would can be removed while ‘‘allowing that take’s impact on the species or stock, necessarily exceed negligible impact. stock to reach or maintain its [OSP].’’ not other entities’ impacts on the Rather, the 10 percent insignificance OSP is defined as a population that falls species or stock. Neither the MMPA nor threshold is meant only to identify within a range from the population level NMFS’ implementing regulations call instances where additional analysis of that is the largest supportable within the for consideration of other unrelated the anticipated M/SI is not required ecosystem to the population level that activities and their impacts on the because the negligible impact standard results in maximum net productivity, species or stock. In fact, in response to clearly will not be exceeded on that and thus is an aspirational management public comments on the implementing basis alone. goal of the overall statute with no regulations, NMFS explained that such Where the anticipated M/SI is near, specific timeframe by which it should effects are not considered in making at, or above residual PBR, consideration be met. PBR is designed to ensure negligible impact findings under section of other factors (positive or negative), minimal deviation from this overarching 101(a)(5). However, the extent to which including those outlined above, as well goal, with the formula for PBR typically a species or stock is being impacted by as mitigation is especially important to ensuring that growth towards OSP is not other anthropogenic activities is not assessing whether the M/SI will have a reduced by more than 10 percent (or ignored. Such effects are reflected in the negligible impact on the species or equilibrates to OSP 95 percent of the baseline of existing impacts as reflected stock. PBR is a conservative metric and time). As PBR is applied by NMFS, it in the species’ or stock’s abundance, not sufficiently precise to serve as an provides that growth toward OSP is not distribution, reproductive rate, and absolute predictor of population effects reduced by more than 10 percent, which other biological indicators. upon which mortality caps would certainly allows a stock to ‘‘reach or NMFS guidance for commercial appropriately be based. For example, in maintain its [OSP]’’ in a conservative fisheries provides insight when some cases stock abundance (which is and precautionary manner—and we can evaluating the effects of an applicant’s one of three key inputs into the PBR therefore clearly conclude that if PBR incidental take as compared to the

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incidental take caused by other entities. under section 101(a)(5)(A) focuses on mortality or serious injury could occur Parallel to section 101(a)(5)(A), section the activity being evaluated, it is follows. All mortality authorized for 101(a)(5)(E) of the MMPA provides that appropriate to utilize the parallel some of the same species or stocks over NMFS shall allow the incidental take of concept from the framework for section the next several years pursuant to our ESA-listed endangered or threatened 101(a)(5)(E). final rulemaking for the NMFS marine mammals by commercial Accordingly, we are using a similar Southwest and Pacific Islands Fisheries fisheries if, among other things, the criterion in our negligible impact Science Centers has been incorporated incidental M/SI from the commercial analysis under section 101(a)(5)(A) to into the residual PBR. fisheries will have a negligible impact evaluate the relative role of an We first consider maximum potential on the species or stock. As discussed applicant’s incidental take when other incidental M/SI for each stock (Table 13 earlier, the authorization of incidental sources of take are causing PBR to be and 14) in consideration of NMFS’s take resulting from commercial fisheries exceeded, but the take of the specified threshold for identifying insignificant and authorization for activities other activity is comparatively small. Where M/SI take (10 percent of residual PBR than commercial fisheries are under two this occurs, we may find that the (69 FR 43338; July 20, 2004)). By separate regulatory frameworks. impacts of the taking from the specified considering the maximum potential However, when it amended the statute activity may (alone) be negligible, even incidental M/SI in relation to residual in 1994 to provide a separate incidental when total human-caused mortality PBR and ongoing sources of take authorization process for from all activities exceeds PBR if (in the anthropogenic mortality, we begin our commercial fisheries, Congress kept the context of a particular species or stock) evaluation of whether the potential the authorized mortality or serious incremental addition of M/SI through requirement of a negligible impact injury would be less than or equal to 10 SEFSC research activities may affect the determination for ESA-listed species, percent of PBR and management species’ or stock’s annual rates of thereby applying the standard to both measures are being taken to address recruitment or survival. We also programs. While the structure and other serious injuries and mortalities from the consider the interaction of those standards of the two programs differ other activities (i.e., other than the mortalities with incidental taking of that such that evaluation of negligible specified activities covered by the species or stock by harassment pursuant impact under one program may not be incidental take authorization under to the specified activity. fully applicable to the other program consideration). We must also determine, We methodically examined each stock (e.g., the regulatory definition of though, that impacts on the species or above the insignificance threshold to ‘‘negligible impact’’ at 50 CFR 216.103 stock from other types of take (i.e., determine if the amount and degree of applies only to activities other than harassment) caused by the applicant do authorized taking would have effects to commercial fishing), guidance on not combine with the impacts from annual rates of recruitment or survival determining negligible impact for mortality or serious injury to result in (i.e., have a negligible impact on the commercial fishing take authorizations adverse effects on the species or stock species or stock). These rates are can be informative when considering through effects on annual rates of inherently difficult to quantify for incidental take outside the commercial recruitment or survival. marine mammals because adults of fishing context. In 1999, NMFS As discussed above, however, while long-lived, birth-pulse populations (e.g., published criteria for making a PBR is useful in informing the many cetaceans, polar bears and walrus) negligible impact determination evaluation of the effects of M/SI in may not breed every year because of pursuant to section 101(a)(5)(E) of the section 101(a)(5)(A) determinations, it is parental care, long gestation periods or MMPA in a notice of proposed permits just one consideration to be assessed in nutritional constraints (Taylor et al., for certain fisheries (64 FR 28800; May combination with other factors. It is not 1987). Therefore, we pursued a 27, 1999). Criterion 2 stated ‘‘If total determinative including because, as combination of quantitative and human-related serious injuries and explained above, the accuracy and qualitative analyses to inform our mortalities are greater than PBR, and certainty of the data used to calculate determinations. fisheries-related mortality is less than PBR for the species or stock must be First, we compiled data to assess the 0.1 PBR, individual fisheries may be considered. And we reiterate the baseline population status of each stock permitted if management measures are considerations discussed above for why for which the SEFSC is requesting take. being taken to address non-fisheries- it is not appropriate to consider PBR an These data were pulled from the most related serious injuries and mortalities. absolute cap in the application of this recent SARs (Hayes et al., 2017) and, When fisheries-related serious injury guidance. Accordingly, we use PBR as a where information was unknown or and mortality is less than 10 percent of trigger for concern while also undetermined in the SARs, we the total, the appropriate management considering other relevant factors to consulted marine mammal experts at action is to address components that provide a reasonable and appropriate the SEFSC and on TRTs to fill data gaps account for the major portion of the means of evaluating the effects of to the best of our ability based on the total.’’ This criterion addresses when potential mortality on rates of best available science. Data pulled from total human-caused mortality is recruitment and survival, while these sources include population size exceeding PBR, but the activity being acknowledging that it is possible to and demographics (where known), PBR, assessed is responsible for only a small exceed PBR (or exceed 10 percent of known mortality and serious injury portion of the mortality. In the SEFSC PBR in the case where other human- from commercial and recreational proposed rule, NMFS’ description of caused mortality is exceeding PBR but fishing and other human-caused sources how we consider PBR in the section the specified activity being evaluated is (e.g., direct shootings), stock trends (i.e., 101(a)(5) authorization process did not an incremental contributor, as described declining, stable, or increasing), threats, include consideration of this scenario. in the last paragraph) by some small and other sources of potential take M/ However, the analytical framework we amount and still make a negligible SI (e.g., MMPA 101(a)(5)(A or D) use here appropriately incorporates impact determination under section applications and scientific research elements of the one developed for use 101(a)(5)(A). permit applications). In addition, we under section 101(a)(5)(E). And because Our evaluation of the M/SI for each of looked at ongoing management actions the negligible impact determination the species and stocks for which (e.g., TRT gear restrictions) to identify

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where efforts are being focused and are surveys in Barataria Bay and Terrebonne crab pot/trap fisheries. The authorized successful at reducing incidental take. Bay revealed stock numbers were in the M/SI take (0.2/year) of the Northern thousands compared to the previously South Carolina stock is 50 percent of Estuarine and Coastal Bottlenose estimated populations of approximately PBR. However, considering an average Dolphins 200–300 animals (Hayes et al., 2018). In of one animal every 5 years is taken in For estuarine bottlenose dolphin addition, three stocks, including the commercial fisheries (likely gillnet or stocks, reaching our negligible impact Perdido Bay stock have population crab pot/trap), the authorized take and determination required a hard estimates showing zero. However, it is annual M/SI constitute 100 percent of r- examination of the status of each of the well documented that dolphins inhabit PBR. The Northern South Carolina 7 ARA and 11 GOMRA stocks for which these areas. We also consulted with the Estuarine System stock is delimited as we authorized take. We recognize that NMFS Southeast Regional Office (SERO) dolphins inhabiting estuarine waters PBR is technically undetermined for bottlenose dolphin conservation from Murrells Inlet, South Carolina, many stocks because abundance data is coordinator to better understand the southwest to Price Inlet, South Carolina, more than 8 years old. Therefore, we nature of the takes identified in the the northern boundary of Charleston consulted with marine mammal experts SARs M/SI values (i.e., the source of Estuarine System stock. The region has at the SEFSC to derive best estimates of take such as commercial fishery or little residential, commercial, and PBR based on the available data. research). That is, if we relied solely on industrial development and contains the Overall, PBR is low (less than one the SAR annual M/SI values reported in Cape Romain National Wildlife Refuge. animal) because stock sizes are the SARs and added the authorized M/ As such, the stock is not facing heavy generally small (tens to hundreds) in SI take to these numbers, we would be anthropogenic pressure, and there are southeast estuaries (with notable double-counting M/SI as some takes no identified continuous indirect exceptions such as Mississippi Sound were attributed to the research for stressors threatening the stock. and Mobile Bay). Stock sizes are which we are proposing to authorize For the nine estuarine stocks in the expected to be small because the take. Therefore, where M/SI takes were GOMRA for which we are proposing to abundance of a dolphin stock in an contributed to SEFSC research, we have authorize take by M/SI, take is below estuary is bounded by the capabilities of adjusted annual M/SI values from Table the insignificance threshold (10 percent the bays and estuarine systems to 3b above so as not to ‘‘double count’’ r-PBR) for four stocks: Mobile Bay, support that stock (i.e., carrying potential take. Table 13 reflects these Terrebonne Bay/Timbalier Bay; St. capacity of the system) due to the adjustments. Vincent Sound/Apalachicola Bay/St. residential nature of these stocks, among In the ARA, the amount of take from George Sound, and Apalachee Bay. As other things. With respect to rates of all M/SI (both authorized here and other described above, we have updated the annual M/SI, we note some fisheries in sources) does not exceed PBR. M/SI take population estimate and PBR of the the GoM (e.g., shrimp fishery) do not for ARA stocks is below the Mobile Bay stock in this final rule to have full observer coverage. Estimates of insignificance threshold (10 percent r- reflect data presented in the DWH take from these fisheries are both PBR) except for the Northern South Trustees quantification of injury report extrapolated and aggregated to the state Carolina Estuarine, Northern Georgia/ (DWH MMIQT 2015), which more level. Thus, calculating total M/SI rates Southern South Carolina Estuarine, accurately describes the Mobile Bay from commercial fisheries applicable to Central Georgia Estuarine, and Southern stock abundance than the proposed rule any given stock, rather than all stocks Georgia Estuarine stocks (Table 13). as that estimate was based on outdated within a state, not possible. Authorized M/SI take for the latter two (1991) survey data. The authorized M/ We approached the issue of outdated stocks are only slightly above the SI take for three coastal stocks are also abundance information by working insignificance threshold (11.76 and below the insignificance threshold. The closely with SEFSC experts and have 10.35 percent, respectively). The authorized M/SI take for four BSE stocks developed estimated abundance data authorized take for the Northern are between 14 and 40 percent r-PBR. and PBR values. The resulting values Georgia/Southern South Carolina stock Ongoing M/SI take attributed to the follow the general trend of small stock constitutes 28.57 percent of r-PBR. Mississippi Sound stock is already sizes and are very conservative in some Sources of anthropogenic mortality for above PBR in absence of the authorized cases. For example, recent abundance this stock include hook and line and M/SI take. (Table 13).

TABLE 13—SUMMARY INFORMATION OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS RELATED TO SEFSC AUTHORIZED M/SI TAKE IN THE ARA, GOMRA, AND CRA

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

Atlantic

Northern South Carolina Estuarine 1 50 0.2 ...... 1 0.4 0.2 0 0.2 100.00. Stock. Charleston Estuarine System Stock ... 1 289 0.2 ...... 1 2.8 0.2 0 2.6 7.69. Northern Georgia/Southern South 1 250 0.2 ...... 1 2.1 1.4 0 0.7 28.57. Carolina Estuarine. 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 ...... 6,027 0.6 ...... 46 1.0–1.4 0 44.6–45 1.35. Northern Florida Coastal ...... 877 0.6 ...... 6 0.6 0 5.4 11.11.

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TABLE 13—SUMMARY INFORMATION OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS RELATED TO SEFSC AUTHORIZED M/SI TAKE IN THE ARA, GOMRA, AND CRA—Continued

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

Central Florida Coastal ...... 1,218 0.6 ...... 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 3,046 .02 (M/SI), 0.2 23 310 0 ¥287 Neg. Boudreau 5. (Level A). Mobile Bay, Bonsecour Bay ...... 1,393 0.2 ...... 6 13 5 0.8 0 12.2 1.6. St. Andrew Bay ...... 199 0.2 ...... 1.5 0.2 0 1.3 15.4. St. Joseph Bay ...... 142 0.2 ...... 1.0 0 0 1.0 20.0. St. Vincent Sound, Apalachicola Bay, 439 0.2 ...... 1 3.91 0 0 3.91 5.12. St. George Sound. Apalachee Bay ...... 491 0.2 ...... 1 3.61 0 0 3.61 5.54. Waccasassa Bay, Withlacoochee Bay, 1 100 0.2 ...... 1 0.5 0 0 0.5 40.00. Crystal Bay. Northern Gulf of Mexico Western 20,161 0.6 ...... 175 0.6 0 174.4 0.34. Coastal Stock. Northern Gulf of Mexico Northern 7,185 0.6 ...... 60 0.4 0 59.6 1.01. Coastal Stock. Northern Gulf of Mexico Eastern 12,388 0.6 ...... 111 1.6 0 109.4 0.55. Coastal Stock. 1 For many estuarine stocks, the draft 2019 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 take represents as a percentage of r-PBR. The insignificance threshold is 10 percent. 4 The annual M/SI in the draft 2019 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 2019 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. 6 PBR for the Mobile Bay stock was derived from the lower 95 percent confidence interval presented in DHW MIQTT 2015 (Nmin = 1252). We calculated PBR as 1252 * 0.02 * 0.4 = 13.

For the Mississippi Sound stock, we annual mortality and serious injury mammals across the diverse habitats evaluated various aspects of stock status during 2011–2015 due to other human- and geographic ranges they occupy. and considered the amount of SEFSC caused actions (fishery research, sea • Identify and implement restoration M/SI compared to PBR. As described turtle relocation trawling, gunshot activities that mitigate key stressors to above, we may find that the impacts of wounds, and DWH oil spill) is 309 with support resilient populations. Collect the taking from the specified activity the majority sourced from DWH. and use monitoring information, such as may be negligible even when total Projected annual M/SI over the next 5 population and health assessments and human-caused mortality from all years from commercial fishing and spatiotemporal distribution information. activities exceeds PBR if (in the context DWH are 6 and 1539 (or 1.2 and 308, • Identify and implement actions that of a particular species or stock) the annually), respectively. support ecological needs of the stocks; authorized mortality or serious injury Management and research actions, improve resilience to natural stressors; and address direct human-caused would be less than or equal to 10 including ongoing health assessments threats such as bycatch in commercial percent of PBR and management and Natural Resource Damage Plan measures are being taken to address fisheries, vessel collisions, noise, efforts designed to restore injury to the serious injuries and mortalities from the industrial activities, illegal feeding and stock, are anticipated to improve the other activities (i.e., other than the harassment, and hook-and-line fishery status of the stock moving forward. In specified activities covered by the interactions. June 2017, the Deepwater Horizon incidental take authorization under NMFS is also currently investigating a (DWH) oil spill Natural Resource consideration). In this case, authorized number of actions to reduce both Damage Assessment (NRDA) Trustees M/SI take is less than 10 percent of PBR intentional and incidental mortality and and management actions are in place to (Trustees) released a ‘‘Strategic serious injury for all GOM BSE stocks, address M/SI from other sources. Framework for Marine Mammal including Mississippi Sound and According to this stock’s 2017 SAR, the Restoration Activities.’’ The framework Mobile Bay. These efforts include mean annual fishery-related mortality outlines the following general actions: working collaboratively with shrimp and serious injury during 2012–2015 for • Implement an integrated portfolio fishermen to explore ways to modify observed fisheries and strandings and of restoration approaches to restore fishing gear that would reduce bycatch at-sea observations identified as fishery- injured Bay, Sound, and Estuary (BSE); of dolphins; enhancing observer caused related is 1.0. Additional mean coastal; shelf; and oceanic marine coverage & data collection on shrimp

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trawls; working collaboratively to al., 2014) and for in situ observations of Charleston, South Carolina reported an reduce dolphin mortality from fishery interaction (Corkeron et al., apparent annual survival rate of 95.1 intentional mortality (gunshot, arrows) 1990; Finn et al., 2008; Powell & Wells, percent (95 percent CI: 88.2–100) and illegal feeding activities by 2011). Byrd and Hohn (2017) examined (Speakman et al., 2010). In summary, enhancing state law enforcement and stranding data to determine whether survival rate and reproductive success conducting outreach; and building there was differential risk of bycatch of the Sarasota Bay stock is high and, capacity and preparedness of the marine based on sex and age class from gillnet except for those stocks for which we mammal stranding network. fisheries in North Carolina. They found know individual marine mammal health Further, marine mammal population more males than females stranded. and reproductive success are modeling indicates dolphin populations However, the relative gillnet bycatch compromised from the Deepwater should begin recovery nine years post risk was not different for males and Horizon oil spill (e.g., Mississippi spill (NRDA Trustees, 2016; DWH females. In summary, these data suggest Sound stock), we consider estuarine MMIQT 2015). Applying that model to the risk of gear interaction from trawls bottlenose stocks in the ARA and the Mississippi Sound stock, we should and hook and line is likely higher for GOMRA to have similar rates of begin to see the population recover males, while gillnet interactions may recruitment and survival. during the life of the regulations. pose equal risk for males and females. For stocks that are known to be Moreover, we note the three research- For this rulemaking, the majority of experiencing levels of stress from related mortalities discussed in the SAR historical gear interactions are from fishing and other anthropogenic for this stock are from the specified trawls. Therefore, we believe males sources, we look toward the ongoing activities for which we have authorized (which are less likely to influence management actions and research take. Therefore, the authorized take recruitment rate) are more likely at risk designed to reduce those pressures would not be in addition to, but would than females. when considering our negligible impact account for, these research-related takes. Understanding the population determination. Overall, many estuarine In addition to quantitative dynamics of each bottlenose dolphin bottlenose dolphin stocks are facing comparisons between the issued amount stock considered in this rulemaking is anthropogenic stressors such as of M/SI take to PBR and r-PBR, we not possible as the data simply do not commercial and recreational fishing, consider qualitative information such as exist for each stock. Therefore, we coastal development, habitat population dynamics and context to considered a well-studied population, degradation (e.g., oil spills, harmful determine if the authorized amount of the Sarasota Bay stock, as a proxy for take of estuarine and coastal bottlenose assessing population dynamics of other algal blooms), and directed violence dolphins in the ARA and GOMRA estuarine stocks throughout the ARA (intentional killing/injury) and have would adversely affect a stock through and GOMRA. The Sarasota Bay stock is some level of annual M/SI. NOAA, effects of annual rates of recruitment the most data rich population of including the SEFSC, is dedicated to and survival. Marine mammals are K- bottlenose dolphins in the United reducing fishery take, both in selected species, meaning they have few States. The Sarasota Bay Research commercial fisheries and research offspring, long gestation and parental Program (SBRP) possesses 40 years of surveys. For example, the Atlantic care periods, and reach sexual maturity data on the resident dolphin population. BDTRT is in place to decrease M/SI in later in life. Therefore, between years, Research topics include, but are not commercial fisheries and scientists at reproduction rates vary based on age limited to, population structure and NOAA’s National Center for Coastal and sex class ratios. As such, population dynamics, health and physiology, and Ocean Science (NCCOS) in Charleston, dynamics is a driver when looking at human interaction and impacts. South Carolina, are undertaking reproduction rates. We focus on The Sarasota Bay stock demonstrates research and working with local reproduction here because we high recruitment and survival rates. fishermen to reduce crab pot/trap and conservatively consider inter-stock Wells et al. (2014) found 83 percent (95 trawling entanglement (e.g., McFee et reproduction is the primary means of percent CI = 0.52 to 0.99) of detected al., 2006, 2007; Greenman and McFee, recruitment for these stocks. We note pregnancies were documented as 2014). In addition, through this this is a conservative assumption, as resulting in live births. Eight of the 10 rulemaking, the SEFSC has invested in some individuals are known to travel, calves (80 percent) resulting from developing measures that may be and there is some mixing between the documented pregnancies survived adopted by commercial fisheries to estuarine stocks and adjacent coastal through the calendar year of their birth reduce bycatch rates, thereby decreasing stocks (Hayes et al, 2017). Given and, therefore, were considered to have the rate of fishing-related M/SI. For reproduction is the primary means of been successfully recruited into the example, in 2017, the SEFSC executed recruitment and females play a Sarasota Bay bottlenose dolphin the previously described Lazy Line significantly larger role in their population. This value compares Modification Mitigation Work Plan (see offspring’s reproductive success (also favorably with the 81 percent first year Potential Effects of Specified Activities known as Bateman’s Principle), the survival reported by Wells & Scott on Marine Mammals and Their Habitat mortality of females rather than males (1990) for Sarasota Bay bottlenose section) and is investigating the is, in general, more likely to influence dolphins. Thus, approximately 66 feasibility of applying gear recruitment rate. Several studies have percent of documented pregnancies led modifications to select research trawl purported that male bottlenose dolphins to successful recruitment. Mann et al. surveys. Also, as a result of this are more likely to engage in depredation (2000) found dolphin interbirth rulemaking process, the SEFSC has a or related behaviors with trawls and intervals for surviving calves are heightened awareness of the risk of take recreational fishing (Corkeron et al., between 3 and 6.2 years, resulting in and a commitment to not only 1990; Powell & Wells, 2011) or become annual variability in reproductive rates. implement the mitigation measures in entangled in gear (Reynolds et al., 2000; With respect to survival, Wells and this rulemaking but to develop Adimey et al., 2014). Male bias has also Scott (1990) calculated a mean annual additional mitigation measures beyond been reported for strandings with survival rate of Sarasota Bay dolphins at this rule that they find effective and evidence of fishery interaction (Stolen et 96.2 percent. In comparison, a mark- practicable. Because all NMFS Science al., 2007; Fruet et al., 2012; Adimey et recapture study of dolphins near Centers are dedicated to decreasing gear

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interaction risk, each Science Center is border through Franklin County; n = 38) have far less, if any, effect on annual also committed to sharing information since February 1, 2019. As of January 2, rates of recruitment or survival. As about reducing marine mammal 2020, these 342 dolphin stranding rate described above, male bias has been bycatch, further educating fishery is approximately three times higher than documented for strandings with researchers on means by which is to the average. The UME investigation is evidence of fishery interaction (most make best professional judgements and ongoing and, to date, no specific causes notably trawls), and the majority of minimize risk of take. have been identified. However, a work assessed under this rule is Region-wide, Gulf of Mexico states, in number of the stranded dolphins have trawling. Therefore, there is likely a coordination with Federal agencies, are had visible skin lesions that are greater than 50 percent chance a male taking action to recover from injury consistent with freshwater exposure. could be taken, further decreasing the sustained during the DWH spill. Funds During the spring season, it is not likelihood of impact on annual rates of from the spill have been allocated uncommon to see a reduction of salinity recruitment or survival. specifically for marine mammal in bays, sounds, and estuaries and also In situations like this where potential restoration to the Florida, Alabama, an increase in dolphins (both live free M/SI take is fractional (e.g., 0.2 per Mississippi, Louisiana, Texas, Open swimming and stranded) exhibiting year), consideration must be given to the Ocean, and Region-wide Trustee visible skin lesions consistent with low lessened impacts anticipated due to the Implementation Groups (TIGs). As salinity exposure. These freshets may be absence of M/SI in four of the years and described above, in June 2017, the a result of local rainfall and/or due to the fact that a single M/SI from Trustees released their Strategic watershed flow from upstream snow gear interaction is more likely to be Framework for Marine Mammal melt or flood events emptying into the male. Lastly, we reiterate that PBR is a Restoration Activities. The framework bays, sounds and estuaries of the Gulf conservative metric and also not includes a number of marine mammal of Mexico. Last year (2019) was an sufficiently precise to serve as an restoration goals (listed above) which especially wet year with high levels of absolute predictor of population effects would improve marine mammal rainfall in addition to the opening of the upon which mortality caps would populations over the course of the spillways due to the extreme flooding appropriately be based. This is regulations by, among other things, upstream (e.g., the Bonnet-Carre especially important given the minor increasing marine mammal resilience to spillway was open 76 days (January– difference between zero and one across natural stressors and addressing direct June 11, 2019) affecting areas east of the the 5-year period covered by this rule, human-caused threats such as bycatch Mississippi River outflow). The majority which is the smallest distinction in commercial fisheries, vessel of strandings associated with this UME possible when considering mortality. collisions, noise, industrial activities, occurred prior to July with the stranding illegal feeding and harassment, and Wade (1998), authors of the paper from rate decreasing over the last several which the current PBR equation is hook-and-line fishery interactions. The months. For example, of the total 342 Alabama TIG has made the most derived, note (on page 29) that strandings since February 1, 2019, 289 ‘‘Estimating incidental mortality in one progress on executing this strategic occurred prior to July 5, 2019 (5 framework. In 2018, the Alabama TIG year to be greater than the PBR months). Between July 5, 2019 and calculated from a single abundance committed to three projects designed to October 3, 2019 (3 months), there were restore marine mammals: (1) Enhancing survey does not prove the mortality will 28 strandings and between October 4, lead to depletion; it identifies a Capacity for the Alabama Marine 2019 and January 2, 2020 (3 months), Mammal Stranding Network; (2) population worthy of careful future there were 25 strandings. Therefore, Assessment of Alabama Estuarine monitoring and possibly indicates that although the UME is ongoing, the rate Bottlenose Dolphin Populations & mortality-mitigation efforts should be of mortality is decreasing. Health (including the Mobile Bay stock); initiated.’’ and (3) Alabama Estuarine Bottlenose For all estuarine stocks, 0.2 M/SI Offshore Pelagic Stocks Dolphin Protection: Enhancement & annually means the potential for one Education. mortality in 1 of the 5 years and zero For all offshore pelagic stocks where Since publication of the proposed mortalities in 4 of those 5 years. PBR is known, except for gray seal, the rule, an unusual mortality event (UME) Therefore, the SEFSC would not be level of taking is less than 10 percent of has been declared for dolphins in the contributing to the total human-caused r-PBR after considering other sources of Gulf of Mexico, including BSE dolphins. mortality at all in 4 of the 5, or 80 human-caused mortality (Table 14). We consider this UME in the context of percent, of the years covered by this Again, for those stocks with total our negligible impact determination rule. That means that even if a dolphin incidental M/SI take less than the since it was (a) recent, (b) is ongoing, from any estuarine stock were to be significance threshold (i.e., ten percent and (c) most notably impacted BSE killed or seriously injured as a result of of residual PBR), we consider the effects stocks (e.g., Mobile Bay) for which we fisheries research, in 4 of the 5 years of the specified activity to represent an authorized M/SI take. Elevated there could be no effect on annual rates insignificant incremental increase in bottlenose dolphin strandings have been of recruitment or survival from SEFSC- ongoing anthropogenic M/SI and need occurring in the Northern Gulf of caused M/SI. Additionally, as noted not consider other factors in making a Mexico including Louisiana (n = 114), previously, the loss of a male, which we negligible impact determination except Mississippi (n = 139), Alabama (n = 58), have demonstrated is more likely when in combination with additional and the panhandle of Florida (Alabama trawling is the cause of take, would incidental take by acoustic harassment.

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TABLE 14—SUMMARY INFORMATION OF PELAGIC STOCKS RELATED TO AUTHORIZED M/SI TAKE TO THE SEFSC IN THE ARA, GOMRA, AND CRA

NEFSC Annual author- MI/SI Species Stock M/SI take PBR M/SI ized take r-PBR take/ (annual) (SAR) by M/SI r-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 0.8 469 ...... 0.8 ...... 0 468.2 ...... 0.17. Shelf. 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 .. Neg.

Gray seals are the only stock where, We note that for all stocks, we have in detail in Estimated Take Due to at first look, annual M/SI is above PBR conservatively considered in this Acoustic Harassment, represents NMFS’ (but the authorized M/SI is less than 10 analysis that any gear interaction would best effort towards balancing the need to percent of PBR) (Table 14). However, result in mortality or serious injury quantify the potential for occurrence of the minimum abundance estimate when it has been documented that some Level B harassment due to production of provided in the SAR is based on the gear interactions may result in Level A underwater sound with a general lack of U.S. population estimate of 23,158 and harassment (injury) or no injury at all, information related to the specific way does not include the Canada population. as serious injury determinations are not that these acoustic signals, which are The total estimated Canadian gray seal made in all cases where the disposition generally highly directional and population in 2016 was estimated to be of the animal is ‘‘released alive’’ and, in transient, interact with the physical 424,300 (95 percent CI = 263,600 to some cases, animals are disentangled environment and to a meaningful 578,300) (DFO 2017). This would be from nets without any injury understanding of marine mammal acceptable except that the annual M/SI observations (e.g., no wounds, no blood perception of these signals and rate of 5,688 includes M/SI from both in water, etc). occurrence in the areas where the the U.S. and Canada populations. Level B Take From Acoustic Sources SEFSC operates. The sources considered Therefore, we should compare As described in greater depth here have moderate to high output population to population. The draft previously, we do not believe that frequencies (10 to 180 kHz), generally 2018 SAR indicates the annual M/SI for SEFSC use of active acoustic sources short ping durations, and are typically the U.S. population is 878. That equates has the likely potential to result in Level focused (highly directional with narrow to an r-PBR of 511. Considering the A harassment, serious injury, or beam width) to serve their intended SEFSC is requesting one take, by M/SI, mortality. In addition, for the majority purpose of mapping specific objects, of gray seal over 5 years (or 0.2 animals of species, the annual take by Level B depths, or environmental features. In per year), this results in a percentage of harassment is very low in relation to the addition, some of these sources can be 0.003, well under the 10 percent population abundance estimate (less operated in different output modes (e.g., insignificance threshold. Further, given than one percent). We have produced energy can be distributed among the authorized M/SI take of one animal what we believe to be precautionary multiple output beams) that may lessen over 5 years, this amount of take can be estimates of potential incidents of Level the likelihood of perception by and considered discountable given the large B harassment (Table 12). The procedure potential impacts on marine mammals population size. for producing these estimates, described in comparison with the quantitative

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estimates that guide our take Summary of Negligible Impact attributed to males and M/SI for all BSE authorization. Determination for SEFSC stocks is the lowest level practicable (1 As described previously, there is In summary, we consider the over 5 years) with no M/SI occurring in some minimal potential for temporary authorization would not impact annual 4 of those 5 years. effects to hearing capabilities within rates of recruitment or survival of any of Based on the analysis contained herein of the likely effects of the specific frequency ranges for select the stocks considered here because: (1) specified activity on marine mammals marine mammals, but most effects The possibility of injury, serious injury, and their habitat, and taking into would likely be limited to temporary or mortality from the use of active acoustic devices may reasonably be consideration the implementation of the behavioral disturbance. If individuals monitoring and mitigation measures, are in close proximity to active acoustic considered discountable; (2) the anticipated incidents of Level B NMFS preliminarily finds that the total sources, they may temporarily increase harassment from the use of active marine mammal take from SEFSC swimming speeds (presumably acoustic devices consist of, at worst, fisheries research activities will have a swimming away from the source) and temporary and relatively minor negligible impact on affected marine surface time or decrease foraging effort modifications in behavior; (3) the mammal species or stocks. (if such activity were occurring). These predicted number of incidents of Small Numbers reactions are considered to be of low potential mortality are at insignificant severity due to the short duration of the levels (i.e., below ten percent of residual As noted above, only small numbers reaction. Individuals may move away PBR) for select stocks; (4) consideration of incidental take may be authorized from the source if disturbed. However, of more detailed data for gray seals do under Section 101(a)(5)(D) of the MMPA because the source is itself moving and not reveal cause for concern; (5) for for specified activities other than because of the directional nature of the stocks above the insignificance military readiness activities. The MMPA sources considered here, it is unlikely threshold, the loss of one animal over 5 does not define small numbers and so, any temporary displacement from areas years, especially if it is male (the sex in practice, where estimated numbers of significance would occur, and any more likely to interact with trawls), is are available, NMFS compares the disturbance would be of short duration. not likely to contribute to measurable number of individuals taken to the most In addition, because the SEFSC survey changes in annual rates of recruitment appropriate estimation of abundance of effort is widely dispersed in space and or survival; (7) many stocks are the relevant species or stock in our time, repeated exposures of the same subjected to ongoing management determination of whether an individuals would be very unlikely. For actions designed to improve stock authorization is limited to small numbers of marine mammals. these reasons, we do not consider the understanding and reduce sources of M/ SI from other anthropogenic stressors Additionally, other qualitative factors level of take by acoustic disturbance to (e.g., BDTRT management actions, may be considered in the analysis, such represent a significant additional pelagic longline TRT); (8) the efforts by as the temporal or spatial scale of the population stressor when considered in the DHW Trustees are designed to activities. context with the level of take by restore for injury, including addressing Small Numbers Analysis—SEFSC M/SI for any species. Further, we note ongoing stressors such as commercial no take by harassment is for estuarine fishery entanglement which would The total amount of take authorized bottlenose dolphins. Therefore, only improve stock conditions; (9) for all estuarine and coastal bottlenose M/SI is incorporated into our negligible implementation of this rule would build dolphin stocks is less than one percent impact analysis for those stocks. For upon research designed to reduce of each estuarine stock and less than 12 Level B take of coastal stocks in both the fishery related mortality (e.g., NCCOS percent of all coastal stocks (Table 15; ARA and GOMRA, it is not possible to crab pot/trap and trawl interaction we note this 12 percent is quantify take per stock given overlap in research; HSU lazy line research); (10) conservatively high because it considers time and space. However, we consider the presumed efficacy of the planned that all Level B take would come from the anticipated amount of take to have mitigation measures in reducing the any given single stock). For pelagic the potential to occur from some effects of the specified activity to the stocks, the total amount of take is less combination of coastal stocks. level of least practicable adverse impact, than 13 percent of the estimated and (11) M/SI is more likely to be population size (Table 16).

TABLE 15—AMOUNT OF AUTHORIZED TAKE OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS IN THE ARA AND GOMRA RELATED TO STOCK ABUNDANCE

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

Atlantic

Northern South Carolina Estuarine Stock ...... 50 0 0.2 ...... 0.40 Charleston Estuarine System Stock ...... 289 0.2 ...... 0.07 Northern Georgia/Southern South Carolina Estuarine System Stock ...... 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 ...... 412 0.2 ...... 0.05 Florida Bay Stock ...... 514 0.2 ...... 0.04 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

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TABLE 15—AMOUNT OF AUTHORIZED TAKE OF ESTUARINE AND COASTAL BOTTLENOSE DOLPHIN STOCKS IN THE ARA AND GOMRA RELATED TO STOCK ABUNDANCE—Continued

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

Southern Migratory Coastal Stock ...... 3,751 0.6 ...... 2.95

Gulf of Mexico

Terrebonne Bay, Timbalier Bay ...... 100 0 0.2 ...... 0.20 Mississippi River Delta ...... 332 0.2 ...... 0.06 Mississippi Sound, Lake Borgne, Bay Boudreau ...... 3,046 0.2 (M/SI), 0.2 0.01 (Level A). Mobile Bay, Bonsecour Bay ...... 1,393 0.2 ...... 0.16 St. Andrew Bay ...... 124 0.2 ...... 0.16 St. Joseph Bay ...... 152 0.2 ...... 0.13 St. Vincent Sound, Apalachicola Bay, St. George Sound ...... 439 0.2 ...... 0.05 Apalachee Bay ...... 491 0.2 ...... 0.04 Waccasassa Bay, Withlacoochee Bay, Crystal Bay ...... 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 16—AMOUNT OF AUTHORIZED TAKE OF PELAGIC STOCKS IN THE ARA, GOMRA, AND CRA TO THE SEFSC RELATED TO STOCK ABUNDANCE

Species Stock Abundance Level B take M/SI take Total take % (Nbest) (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 Blue whale ...... Western North Atlantic ...... 33 ...... 4 0 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 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

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The majority of stocks would see take likelihood of reducing adverse effects to Region (Biological Opinion). The less than 5 percent of the population marine mammals and if the measures Biological Opinion found independent taken with the greatest being 12.12 are practicable. In addition, any M/SI fishery research is not likely to percent from Bryde’s whales in the Gulf takes by the SEFSC and affiliates are adversely affect the following ESA- of Mexico. However, this is assuming all required to be submitted within 48 listed species: Blue whales, sei whales, takes came from the same stock of hours to the PSIT database and OPR will sperm whales, fin whales, humpback beaked whales which is unlikely. Where be made aware of the take. If there is an whales, North Atlantic right whales, stock numbers are unknown, we would immediate need to revisit monitoring gulf sturgeon and all listed corals in the expect a similar small amount of take and mitigation measures based on any action area. NMFS amended this relative to population sizes. given take, OPR and SEFSC would meet Biological Opinion on June 4, 2018, Based on the analysis contained as needed. updating marine mammal hearing group herein of the proposed activity The following are some of the frequency ranges based on the best (including the mitigation and possible sources of applicable data to be available science, adding evaluation of monitoring measures) and the considered through the adaptive the effects of this proposed action on the authorized take of marine mammals, management process: (1) Results from Gulf of Mexico Bryde’s whale, and NMFS finds that small numbers of monitoring reports, as required by including NMFS’ issuance of marine mammals will be taken relative MMPA authorization; (2) results from regulations and a LOA to SEFSC as part to the population size of the affected general marine mammal and sound of the proposed action. Similar to the species or stocks. research; (3) any information which previous finding, the amended reveals that marine mammals may have Unmitigable Adverse Impact Analysis Biological Opinion concluded SEFSC been taken in a manner, extent, or and Determination independent fishery research is not number not authorized by these likely to adversely affect listed marine There are no relevant subsistence uses regulations or subsequent LOAs; and (4) mammals or adversely modify critical of the affected marine mammal stocks or findings from any mitigation research habitat. species implicated by the issuance of (e.g., gear modification). In addition, regulations to the SEFSC. Therefore, developments on the effectiveness of Classification NMFS has determined that the total mitigation measures as discovered Pursuant to the procedures taking of affected species or stocks through research (e.g., stiffness of lazy would not have an unmitigable adverse established to implement Executive lines) will inform adaptive management Order 12866, the Office of Management impact on the availability of such strategies. Finally, the SEFSC–SCDNR species or stocks for taking for and Budget has determined that this working group is investigating the rule is not significant. subsistence purposes. relationships between SCDNR research Pursuant to section 605(b) of the Adaptive Management surveys and marine mammal takes. Any report produced by that working group Regulatory Flexibility Act (RFA), the The regulations governing the take of will inform improvements to marine Chief Counsel for Regulation of the marine mammals incidental to SEFSC mammal monitoring and mitigation. Department of Commerce has certified fisheries research survey operations to the Chief Counsel for Advocacy of the contain an adaptive management National Environmental Policy Act Small Business Administration that this component which is both valuable and To comply with the National rule, if adopted, would not have a necessary within the context of 5-year Environmental Policy Act of 1969 significant economic impact on a regulations for activities that have been (NEPA; 42 U.S.C. 4321 et seq.) and substantial number of small entities. associated with marine mammal NOAA Administrative Order (NAO) The SEFSC is the sole entitiy that would mortality. The use of adaptive 216–6A, NMFS must review our action be subject to the requirements in these management allows OPR to consider (i.e., the issuance of an incidental regulations, and the SEFSC is not a new information from different sources harassment authorization) with respect small governmental jurisdiction, small to determine (with input from the to potential impacts on the human organization, or small business, as SEFSC regarding practicability) on an environment. defined by the RFA. Because of this annual or biennial basis if mitigation or Accordingly, NMFS prepared a PEA certification, a regulatory flexibility monitoring measures should be to consider the environmental impacts analysis is not required and none has modified (including additions or associated with the issuance of the been prepared. deletions). The coordination and regulations and LOA to SEFSC. The rule for the SEFSC does not reporting requirements in this rule are Subsequently, NMFS issued the Final contain a collection-of-information designed to provide OPR with data to PEA for Fisheries and Ecosystem requirement subject to the provisions of allow consideration of whether any Research Conducted and Funded by the the Paperwork Reduction Act (PRA) changes to mitigation and monitoring is Southeast Fisheries Science Center and because the applicant is a Federal necessary. OPR and the SEFSC will signed a Finding of No Significant agency. meet annually to discuss the monitoring Impact (FONSI) on March 23, 2020. The reports and current science and whether documents can be found at https:// List of Subjects in 50 CFR Part 219 mitigation or monitoring modifications www.fisheries.noaa.gov/permit/ Endangered and threatened species, are appropriate. Decisions will also be incidental-take-authorizations-under- Fish, Marine mammals, Reporting and informed by findings from any marine-mammal-protection-act. recordkeeping requirements, Wildlife. established working groups, investigations into gear modifications Endangered Species Act (ESA) Dated: April 10, 2020. and dolphin-gear interactions, new On May 9, 2016, NMFS SERO issued Samuel D. Rauch III, stock data, and coordination efforts a Biological Opinion on Continued Deputy Assistant Administrator for between all NMFS Fisheries Science Authorization and Implementation of Regulatory Programs, National Marine Centers. Mitigation measures could be National Marine Fisheries Service’s Fisheries Service. modified if new data suggest that such Integrated Fisheries Independent For reasons set forth in the preamble, modifications would have a reasonable Monitoring Activities in the Southeast 50 CFR part 219 is amended as follows:

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PART 219—REGULATIONS research gear including trawls, gillnets, group(s) to identify circumstances of a GOVERNING THE TAKING AND and hook and line, and Level B take should it occur and any action IMPORTING OF MARINE MAMMALS harassment associated with use of active necessary to avoid future take. acoustic systems provided the activity is (i) Working groups must be ■ 1. The authority citation for part 219 in compliance with all terms, established if a partner takes more than continues to read as follows: conditions, and requirements of the one marine mammal within 5 years to Authority: 16 U.S.C. 1361 et seq. regulations in this subpart and the identify circumstances of marine ■ relevant LOA. mammal take and necessary action to 2. Add subpart H to read as follows: avoid future take. Each working group Subpart H—Taking Marine Mammals § 219.74 Prohibitions. must meet at least once annually. Incidental to Southeast Fisheries Science Notwithstanding takings (ii) Each working group must consist Center Fisheries Research in the Atlantic contemplated in § 219.73 and of at least one SEFSC representative Ocean, Gulf of Mexico, and Caribbean Sea authorized by an LOA issued under knowledgeable of the mitigation, Sec. §§ 216.106 of this chapter and 219.77, monitoring and reporting requirements 219.71 Specified activity and specified no person in connection with the contained within these regulations, one geographical region. activities described in § 219.71 may: or more research institution or SEFSC 219.72 Effective dates. (a) Violate, or fail to comply with, the representative(s) (preferably 219.73 Permissible methods of taking. terms, conditions, and requirements of researcher(s) aboard vessel when take or 219.74 Prohibitions. 219.75 Mitigation requirements. this subpart or a LOA issued under risk of take occurred), one or more staff 219.76 Requirements for monitoring and §§ 216.106 of this chapter and 219.77; from NMFS Southeast Regional Office reporting. (b) Take any marine mammal species Protected Resources Division, and one 219.77 Letters of Authorization. or stock not specified in the LOA; or more staff from NMFS Office of 219.78 Renewals and modifications of (c) Take any marine mammal in any Protected Resources. Letters of Authorization. manner other than as specified in the (5) When deploying any type of 219.79–219.80 [Reserved] LOA; and sampling gear at sea, SEFSC must at all (d) Take a marine mammal specified times monitor for any unusual Subpart H—Taking Marine Mammals in an LOA in numbers exceeding those circumstances that may arise at a Incidental to Southeast Fisheries authorized. sampling site and use best professional Science Center Fisheries Research in judgment to avoid any potential risks to the Atlantic Ocean, Gulf of Mexico, and § 219.75 Mitigation requirements. marine mammals during use of all Caribbean Sea When conducting the activities research equipment. § 219.71 Specified activity and specified identified in § 219.71, the mitigation (6) SEFSC must implement handling geographical region. measures contained in any LOA issued and/or disentanglement protocols that under §§ 216.106 of this chapter and must be provided to survey personnel. (a) Regulations in this subpart apply 219.77 must be implemented. These During fishery surveys where there is a only to the National Marine Fisheries mitigation measures must include but potential for take, at least two persons Service’s (NMFS) Southeast Fisheries are not limited to: aboard SEFSC ships and one person Science Center (SEFSC) and those (a) General conditions. (1) SEFSC aboard smaller vessels, including persons it authorizes or funds to must take all necessary measures to vessels operated by partners where no conduct fishery-independent research coordinate and communicate in advance SEFSC staff are present, must be trained surveys on its behalf for the taking of of each specific survey with the in marine mammal handling, release, marine mammals that occurs in the area National Oceanic and Atmospheric and disentanglement procedures. outlined in paragraph (b) of this section Administration’s (NOAA) Office of (7) For research surveys using gear and that occurs incidental to SEFSC and Marine and Aviation Operations that has the potential to hook or partner research survey program (OMAO) or other relevant parties on entangle a marine mammal in open- operations. Hereafter, ‘‘SEFSC’’ refers to non-NOAA platforms to ensure that all ocean waters (as defined from the both the SEFSC and all designated mitigation measures and monitoring coastline seaward), the SEFSC must partners. implement move-on rule mitigation (b) The taking of marine mammals by requirements described herein, as well as the specific manner of protocol upon observation of any the SEFSC and partners may be marine mammal other than dolphins authorized in a 5-year Letter of implementation and relevant event- contingent decision-making processes, and porpoises attracted to the vessel Authorization (LOA) only if it occurs (see specific gear types below for marine during fishery research surveys in the are clearly understood and agreed upon; (2) SEFSC must coordinate and mammal monitoring details). Atlantic Ocean, Gulf of Mexico, and conduct briefings at the outset of each Specifically, if one or more marine Caribbean Sea and their associated survey and as necessary between ship’s mammals (other than dolphins and estuaries. crew (Commanding Officer/master or porpoises) are observed near the § 219.72 Effective dates. designee(s), as appropriate) and sampling area and are considered at risk This subpart is effective from June 5, scientific party in order to explain of interacting with the vessel or research 2020, through June 5, 2025. responsibilities, communication gear, or appear to be approaching the procedures, marine mammal monitoring vessel and are considered at risk of § 219.73 Permissible methods of taking. protocol, and operational procedures; interaction, SEFSC must either remain Under an LOA issued pursuant to (3) SEFSC must coordinate, on an onsite or move on to another sampling §§ 216.106 of this chapter and 219.77, annual basis, with all partners to ensure location. If remaining onsite, the set the Holder of the LOA (hereinafter that marine mammal-related must be delayed until the animal(s) ‘‘SEFSC’’) may incidentally, but not requirements, procedures, and decision- depart or appear to no longer be at risk intentionally, take marine mammals making processes are understood and of interacting with the vessel or gear. At within the areas described in § 219.71 properly implemented. such time, the SEFSC may deploy gear. by Level A harassment, serious injury, (4) SEFSC must establish and The SEFSC must use best professional or mortality associated with fisheries maintain cooperating partner working judgment, in accordance with this

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paragraph, in making decisions related safely before trawling is initiated. All immediately depart the area and the to deploying gear. marine mammal sightings must be animal appears to be at-risk of (8) Vessels Operation—While logged and reported per § 219.76 of this entanglement (e.g., interacting with or transiting in areas subjected to the North subpart. on a path towards the net), the SEFSC Atlantic right whale ship strike rule, all (7) The SEFSC must retrieve gear must delay or pull all gear immediately. SEFSC-affiliated research vessels immediately if marine mammals are (d) Hook and line (including longline) (NOAA vessels, NOAA chartered believed to be captured/entangled in a survey mitigation. In addition to the vessels, and research partner vessels) net or associated gear (e.g., lazy line) General Conditions provided in must abide by the required speed and follow disentanglement protocols; paragraph (a) of this section, the restrictions and sighting alert protocols. (8) The SEFSC must minimize following measures must be All NOAA research vessels operating in ‘‘pocketing’’ in areas of trawl nets where implemented during hook and line North Atlantic right whale habitat dolphin depredation evidence is surveys: participate in the Right Whale Early commonly observed; (1) SEFSC must deploy hook and line Warning System. (9) When conducting research under gear as soon as is practicable upon (9) The SEFSC must avoid baiting the an ESA section 10(a)(1)(A) scientific arrival at the sampling station. waters (i.e, chumming) during all research permit issued by NMFS, all (2) SEFSC must initiate marine surveys. marine mammal mitigation and mammal observations (visual (b) Trawl survey mitigation. In monitoring protocol contained within observation) no less than 30 minutes addition to the general conditions that permit must be implemented; prior to gear deployment if sampling is provided in § 219.75(a), the following (10) SEFSC must implement standard conducted in waters greater than 200 m. measures must be implemented during survey protocols to minimize potential If sampling in water less than 200 m, the trawl surveys: for marine mammal interactions, SEFSC must initiate marine mammal (1) SEFSC must conduct fishing including maximum tow durations at observations no less than 15 minutes operations as soon as practicable upon target depth and maximum tow prior to setting gear. Observations must arrival at the sampling station and, if distance, and must carefully empty the be conducted by scanning the practicable, prior to other trawl as quickly as possible upon surrounding waters with the naked eye environmental sampling; retrieval. Trawl nets must be cleaned and range-finding binoculars (or (2) The SEFSC must limit tow times prior to deployment; and monocular) when longlines exceed to 30 minutes (except for sea turtle (11) The SEFSC must continue observation distances using the naked research trawls); investigation into gear modifications eye. During nighttime operations, visual (3) The SEFSC must, during haul (e.g., stiffening lazy lines) and the observation must be conducted using back, open cod end close to deck/sorting effectiveness of gear modification at available vessel lighting. table to avoid damage to animals that avoiding entanglement, as funding (3) SEFSC must implement the move- may be caught in gear and empty gear allows. on rule mitigation protocol, as described as quickly as possible after retrieval (c) Seine net and gillnet survey in paragraph (a)(7) of this section. haul back; mitigation. In addition to the general (4) SEFSC must maintain visual (4) The SEFSC must delay gear conditions provided in paragraph (a) of monitoring effort, where practicable, deployment if any marine mammals are this section, the following measures during the entire period of gear believed to be at risk of interaction; must be implemented during seine and deployment and retrieval. If marine (5) The SEFSC must retrieve gear gillnet surveys: mammals are sighted before the gear is immediately if any marine mammals are (1) Conduct gillnet and trammel net fully deployed or retrieved, SEFSC must believed to be entangled or at risk of research activities during daylight hours take the most appropriate action to entanglement; only. avoid marine mammal interaction. (6) Dedicated marine mammal (2) Limit soak times to the least SEFSC may use best professional observations must occur at least 15 amount of time required to conduct judgment in making this decision. minutes prior to the beginning of net sampling; (5) If gear deployment or fishing has deployment when trawling occurs in (3) Conduct dedicated marine been suspended because of the presence waters less than 200 meters in depth. If mammal observation monitoring of marine mammals, SEFSC may resume trawling occurs in waters deeper than beginning 15 minutes prior to deploying such operations when practicable only 200 m, dedicated marine mammal the gear and continue through when the animals are believed to have observations must occur at least 30 deployment and haulback; departed the area in accordance with minutes prior to net deployment. This (4) Hand-check the net every 30 the move-on rule as described in watch may include approach to the minutes if soak times are longer than 30 paragraph (a)(7) of this section. If sampling station within 0.5 nm. Marine minutes or immediately if disturbance is longline operations have been delayed mammal watches should be conducted observed; because of the presence of protected by systematically scanning the (5) Reduce net slack and excess species, the vessel resumes longline surrounding waters and marsh edge (if floating and trailing lines; operations only when these species visible) 360 degrees around the vessel. (6) Repair damaged nets prior to have not been sighted within 15 If dolphin(s) are sighted and believed to deploying; minutes if in less than 200 m or 30 be at-risk of interaction (e.g., moving in (7) Delay setting net if a marine minutes if greater than 200 m of water, the direction of the vessel/gear; moms/ mammal is deemed to be at-risk of or otherwise determined to no longer be calves close to the gear; etc.), gear entanglement; at risk. SEFSC may use best professional deployment should be delayed until the (8) Pull net immediately if a marine judgment in making this decision. animal(s) are no longer at risk or have mammal is entangled and follow (6) SEFSC must implement standard left the area on their own. If species disentanglement procedures; and survey protocols, including maximum other than dolphins are sighted, (9) If marine mammals are sighted in soak durations and limiting longline trawling must not be initiated and the the sampling area during active netting, length to that necessary. marine mammal(s) must be allowed to the SEFSC must raise and lower the net (7) For pelagic, surface longlines, either leave or pass through the area leadline. If marine mammals do not gangion length must allow hooked

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animals to reach the surface. SEFSC (2) When vessels are transiting, the (4) At least two persons aboard SEFSC must immediately reel in lines if marine SEFSC must maintain marine mammal ships and one person aboard smaller mammals are deemed to be at risk of observations to avoid ship strike. vessels, including vessels operated by interacting with gear. (c) Training. (1) SEFSC must conduct partners where no SEFSC staff are (8) SEFSC must follow existing annual training for all SEFSC and present, must be trained in marine Dolphin Friendly Fishing Tips available affiliate chief scientists and other mammal handling, release, and at http://sero.nmfs.noaa.gov/protected_ personnel who may be responsible for disentanglement procedures. resources/outreach_and_education/ conducting dedicated marine mammal (5) SEFSC must record such data on documents/dolphin_friendly_fishing_ visual observations to explain standardized forms, which will be tips.pdf. mitigation measures, by gear and the subject to approval by OPR. SEFSC must (9) SEFSC must not discard leftover purpose for each measure, and also answer a standard series of bait overboard while actively fishing. monitoring and reporting requirements supplemental questions regarding the (10) SEFSC must inspect tackles daily in the LOA, mitigation and monitoring details of any marine mammal to avoid unwanted line breaks. protocols, and marine mammal interaction. (11) Pull gear immediately if a marine identification and species that the (6) For any marine mammals that are mammal is hooked and follow SEFSC is authorized to incidentally killed during fisheries research disentanglement procedures. take. SEFSC may determine the agenda activities, when practicable, scientists for these trainings. (12) Avoid using stainless steel hooks. will collect data and samples pursuant (2) The training must provide detailed to Appendix D of the SEFSC DEA, (13) For pelagic longline surveys in descriptions of reporting, data ‘‘Protected Species Handling Procedures the Atlantic Ocean, follow the Pelagic collection, and sampling protocols. This for SEFSC Fisheries Research Vessels. Longline Take Reduction Plan and portion of the training will include (e) Reporting. (1) The SEFSC must Longline Marine Mammal Handling and instruction on how to complete new follow protocol for reporting incidental Release Guidelines. data collection forms such as the marine takes: (d) Electrofishing. (1) SEFSC must mammal watch log, the incidental take (i) The SEFSC must notify the implement marine mammal monitoring form (e.g., specific gear configuration Southeast Marine Mammal Stranding 15 minutes prior to the onset of and details relevant to an interaction Network (877–433–8299) immediately electrofishing (this can include with protected species), and forms used following the incidental take of a marine approach to the survey site). If the for species identification and biological mammal. For injured/uninjured marine vessel moves to another survey site, the sampling. The biological data collection mammals, priority should be to release 15 minutes observation period must be and sampling training module will the animal before notifying the repeated. include the same sampling and Stranding Network. (2) SEFSC must implement a 50-m necropsy training that is used for the (ii) The SEFSC must report all marine safety zone. If a marine mammal is Southeast Regional Observer training. mammal gear interaction to NMFS’s observed within 50 m of the vessel or (3) SEFSC must also dedicate a Protected Species Incidental Take on a path toward the vessel, portion of training to discussion of best (PSIT) database within 48 hours of electrofishing must be delayed. professional judgment, including use in occurrence and must provide Electrofishing must not begin until the any incidents of marine mammal supplemental information to OPR and animal is outside of the 50 m safety interaction and instructive examples SERO upon request. Information related zone or on a consistent path away from where use of best professional judgment to marine mammal interaction (animal the vessel. was determined to be successful or captured or entangled in research gear) (3) All samples collected during unsuccessful. must include details of research survey, electrofishing must remain on the vessel (4) SEFSC must coordinate with monitoring conducted prior to and not be discarded until all NMFS’ Office of Science and interaction, full descriptions of any electrofishing is completed to avoid Technology to ensure training and observations of the animals, the context attracting protected species. guidance related to handling procedures (vessel and conditions), decisions made, and data collection is consistent with and rationale for decisions made in § 219.76 Requirements for monitoring and other fishery science centers. reporting. vessel and gear handling. (d) Handling procedures and data (2) The SEFSC must submit a draft (a) Compliance coordination. SEFSC collection. (1) SEFSC must implement annual report to NMFS OPR. The period must designate a compliance standardized marine mammal handling, of reporting must be annual, beginning coordinator who is responsible for disentanglement, and data collection one year post-issuance of any LOA and ensuring and documenting compliance procedures. These standard procedures the report must be submitted not less with all requirements of any LOA issued will be subject to approval by NMFS’ than ninety days following the end of a pursuant to §§ 216.106 of this chapter Office of Protected Resources (OPR). given year. and 219.77 and for preparing for any (2) For any marine mammal (i) SEFSC must provide a final report subsequent request(s) for incidental take interaction involving the release of a within thirty days following resolution authorization. All partners must report live animal, SEFSC must collect of comments on the draft report. to this SEFSC-based compliance necessary data to facilitate a serious (ii) These reports must contain, at coordinator. injury determination. minimum, the following: (b) Visual monitoring program. (1) (3) SEFSC must provide its relevant (A) Annual line-kilometers and Marine mammal visual monitoring must personnel with standard guidance and locations surveyed during which the occur prior to deployment of trawl, net, training regarding handling of marine EK60, ME70, and EQ50 (or equivalent and hook and line gear, respectively; mammals, including how to identify sources) operating below 200 kHz were throughout deployment of gear and different species, bring an individual predominant and associated pro-rated active fishing of research gears (not aboard a vessel, assess the level of estimates of actual take; including longline soak time); prior to consciousness, remove fishing gear, (B) Summary information regarding retrieval of longline gear; and return an individual to water, and log use of all trawl, gillnet, and hook and throughout retrieval of all research gear. activities pertaining to the interaction. line gear, including location, number of

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sets, hook hours, tows, etc., specific to partner, the report must also be (2) Means of effecting the least each gear; submitted to the SEFSC Environmental practicable adverse impact (i.e., (C) Accounts of surveys where marine Compliance Coordinator. The following mitigation) on the species, its habitat, mammals were observed during information must be provided: and on the availability of the species for sampling but no interactions occurred; (i) Time, date, and location (latitude/ subsistence uses; and (D) All incidents of marine mammal longitude) of the incident; (3) Requirements for monitoring and interactions, including circumstances of (ii) Description of the incident reporting. the event and descriptions of any including, but not limited to, (e) Issuance of the LOA must be based mitigation procedures implemented or monitoring prior to and occurring at on a determination that the level of not implemented and why and, if time of incident; taking will be consistent with the released alive, serious injury (iii) Environmental conditions (e.g., findings made for the total taking determinations; wind speed and direction, Beaufort sea allowable under these regulations. (E) Summary information related to state, cloud cover, visibility); (f) Notice of issuance or denial of an any disturbance of marine mammals (iv) Description of all marine mammal LOA must be published in the Federal and distance of closest approach; observations in the 24 hours preceding Register within 30 days of a (F) A written evaluation of the the incident; effectiveness of SEFSC mitigation (v) Species identification or determination. strategies in reducing the number of description of the animal(s) involved; § 219.78 Renewals and modifications of marine mammal interactions with (vi) Status of all sound source or gear Letters of Authorization. survey gear, including gear used in the 24 hours preceding the (a) An LOA issued under §§ 216.106 modifications and best professional incident; of this chapter and 219.77 for the (vii) Water depth; judgment and suggestions for changes to activity identified in § 219.71(a) must be the mitigation strategies, if any; (viii) Fate of the animal(s) (e.g. dead, injured but alive, injured and moving, renewed or modified upon request by (G) A summary of all relevant training the applicant, provided that: provided by SEFSC and any blood or tissue observed in the water, (1) The specified activity and coordination with NMFS Office of status unknown, disappeared, etc.); and mitigation, monitoring, and reporting Science and Technology and the SERO; (ix) Photographs or video footage of (H) A summary of meeting(s) and the animal(s). measures, as well as the anticipated workshop(s) outcomes with any partner (3) In the event of a ship strike of a impacts, are the same as those described working group, including, the South marine mammal by any SEFSC or and analyzed for these regulations Carolina Department of Natural partner vessel involved in the activities (excluding changes made pursuant to Resources, designed to reduce the covered by the authorization, SEFSC or the adaptive management provision in number of marine mammal interactions; partner must immediately report the paragraph (c)(1) of this section), and and information in paragraph (f)(2) of this (2) OPR determines that the (I) A written description of any section, as well as the following mitigation, monitoring, and reporting mitigation research investigation efforts additional information: measures required by the previous LOA and findings (e.g., lazy line (i) Vessel’s speed during and leading under these regulations were modifications). 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 defined in § 219.71(a) clearly causes the (iv) Description of avoidance mitigation, monitoring, or reporting take of a marine mammal in a measures/requirements that were in (excluding changes made pursuant to prohibited manner, SEFSC personnel place at the time of the strike and what the adaptive management provision in engaged in the research activity must additional measures were taken, if any, paragraph (c)(1) of this section) that do immediately cease such activity until to avoid strike; not change the findings made for the (v) Estimated size and length of such time as an appropriate decision regulations or result in no more than a animal that was struck; and regarding activity continuation can be minor change in the total estimated (vi) Description of the behavior of the made by the SEFSC Director (or number of takes (or distribution by marine mammal immediately preceding designee). The incident must be species or years), OPR may publish a and following the strike. 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 OPR under the following of the specified activity is subject to time not to exceed the expiration date circumstances: OPR concurrence. The report must of these regulations. (1) Adaptive management. OPR may include the information included in (c) In the event of projected changes modify or augment the existing paragraph (f)(2) of this section. to the activity or to mitigation and mitigation, monitoring, or reporting (2) SEFSC or partner must report all monitoring measures required by an measures (after consulting with SEFSC injured or dead marine mammals LOA, SEFSC must apply for and obtain regarding the practicability of the observed during fishery research a modification of the LOA as described modifications) if doing so creates a surveys that are not attributed to the in § 219.78. reasonable likelihood of more specified activity to the Southeast (d) The LOA must set forth: effectively accomplishing the goals of Regional Stranding Coordinator within (1) Permissible methods of incidental the mitigation and monitoring set forth 24 hours. If the discovery is made by a taking; in the preamble for these regulations.

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(i) If, through adaptive management, (2) Emergencies. If OPR determines notice or opportunity for public the modifications to the mitigation, that an emergency exists that poses a comment. Notification would be monitoring, or reporting measures are significant risk to the well-being of the published in the Federal Register substantial, OPR will publish species or stocks of marine mammals within 30 days of the action. notification of proposed LOA in the specified in LOAs issued pursuant to §§ 219.79–219.80 [Reserved] Federal Register and solicit public §§ 216.106 of this chapter and 219.77, comment. an LOA may be modified without prior [FR Doc. 2020–07933 Filed 5–5–20; 8:45 am] (ii) [Reserved] BILLING CODE 3510–22–P

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