[Federal Register Volume 84, Number 39 (Wednesday, February 27, 2019)]
[Proposed Rules]
[Pages 6576-6649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02738]
[[Page 6575]]
Vol. 84
Wednesday,
No. 39
February 27, 2019
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 219
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental
to Southeast Fisheries Science Center and Texas Parks and Wildlife
Department Fisheries Research; Proposed Rule
Federal Register / Vol. 84 , No. 39 / Wednesday, February 27, 2019 /
Proposed Rules
[[Page 6576]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 219
[Docket No. 161109999-8999-01]
RIN 0648-BG44
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Southeast Fisheries Science Center and Texas Parks and
Wildlife Department Fisheries Research
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS' Office of Protected Resources has received a request
from NMFS' Southeast Fisheries Science Center (SEFSC) for authorization
to take marine mammals incidental to fisheries research conducted in
the Atlantic Ocean along the southeastern U.S. coast and select
estuaries, the Gulf of Mexico and select estuaries, and the Caribbean
Sea over the course of five years from the date of issuance. We have
also received a request from the Texas Parks and Wildlife Department
(TPWD) for authorization to take marine mammals incidental to fisheries
research in Texas bay systems. Pursuant to the Marine Mammal Protection
Act (MMPA), NMFS is requesting comments on its proposal to issue
regulations to the SEFSC and, separately, TPWD, to incidentally take
marine mammals during the specified activities. NMFS will consider
public comments prior to making any final decision on the issuance of
the requested MMPA authorizations and agency responses will be
summarized in the final notice of our decision.
DATES: Comments and information must be received no later than March
29, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0016, by any of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0016, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Attachments to electronic comments will be accepted in Microsoft Word,
Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Regulatory Action
This proposed rule, to be issued under the authority of the MMPA
(16 U.S.C. 1361 et seq.), establishes a framework for authorizing the
take of marine mammals incidental to fisheries-independent research
conducted by the SEFSC (in the Atlantic Ocean and associated estuaries,
Gulf of Mexico and associated estuaries, and Caribbean Sea) and TPWD
(in Texas bays and estuaries). SEFSC and TPWD fisheries research has
the potential to take marine mammals due to possible physical
interaction with fishing gear (e.g., trawls, gillnets, hook-and-line
gear) andexposure to noise generated by SEFSC sonar devices (e.g.,
echosounders, side-scan sonar). The SEFSC submitted an application to
NMFS requesting five-year regulations and a letter of authorization
(LOA) to take multiple species and stocks of marine mammals in the
three specified research areas (Atlantic, Gulf of Mexico, and
Caribbean). The SEFSC has requested take, by mortality, serious injury,
and Level A harassment, incidental to the use of various types of
fisheries research gear and Level B harassment incidental to the use of
active acoustic survey sources. TPWD has requested take of dolphins
from four stocks, by mortality or serious injury, incidental to gillnet
fishing in Texas bays. For both applicants, the regulations would be
valid from 2018 to 2023.
Legal Authority for the Proposed Action
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional taking of small numbers of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region for up to five years
if, after notice and public comment, the agency makes certain findings
and issues regulations that set forth permissible methods of taking
pursuant to that activity, as well as monitoring and reporting
requirements.
Section 101(a)(5)(A) of the MMPA and the implementing regulations
at 50 CFR part 216, subpart I provide the legal basis for issuing this
proposed rule containing five-year regulations and Letters of
Authorization. As directed by this legal authority, this proposed rule
contains mitigation, monitoring, and reporting requirements.
Summary of Major Provisions Within the Proposed Regulations
Following is a summary of the major provisions for the SEFSC within
the proposed rulemaking. The SEFSC is required to:
Delay setting or haul in gear if marine mammal interaction
may occur.
Monitor prior to and during sets for signs of potential
marine mammal interaction.
Implement the ``move-on rule'' mitigation strategy during
select surveys (note: this measure does not apply to bottlenose
dolphins).
Limit gear set times (varies based on gear type).
Haul gear immediately if marine mammals may interact with
gear.
Utilize dedicated marine mammal observations during select
surveys.
Prohibit chumming.
Continue investigation on the effectiveness of modifying
lazy lines to reduce bottlenose dolphin entanglement risk.
Establish and convene the South Carolina Department of
Natural Resources (SCDNR) Working Group to better understand bottlenose
dolphin entanglement events and apply effective mitigation strategies.
Following is a summary of the major provisions for the TPWD within
the proposed rulemaking. The TPWD is required to:
[[Page 6577]]
Set only new or fully repaired gill nets thereby
eliminating holes.
Set gillnets with minimal slack and a short marker buoy
attached to the deep end of the net.
Conduct dedicated marine mammal observations at least 15
minutes prior to setting nets and avoid setting nets if dolphins are
observed at or approaching the sampling station.
Minimize soak time by utilizing the ``last out/first in''
strategy for gillnets set in grids where marine mammals have been
encountered within the last 5 years.
Avoid fishing grids where dolphins have interacted with
gear on more than one occasion or where multiple adjacent grids have
had at least one dolphin encounter.
Modify gillnets to avoid more than a 4 inch (in.) gap
between float/lead line and net when net is set.
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival. The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an
incidental harassment authorization) with respect to potential impacts
on the human environment.
Accordingly, NMFS is preparing an Environmental Assessment (EA) to
consider the environmental impacts associated with the issuance of the
proposed regulations to SEFSC and TPWD. NMFS' Draft Programmatic
Environmental Assessment (PEA) for Fisheries and Ecosystem Research
Conducted and Funded by the Southeast Fisheries Science Center was made
available for public comment from April 20 through May 20, 2016 (81 FR
23276). NMFS is modifying the draft EA to include TPWD gillnet fishing.
We will review all comments submitted in response to this notice as we
complete the NEPA process, prior to making a final decision on the
incidental take authorization request.
Summary of Request
On May 4, 2015, NMFS Office of Protected Resources (OPR) received
an application from the SEFSC for a rulemaking and associated 5-year
Letter of Authorization (LOA) to take marine mammals incidental to
fisheries research activities conducted by the SEFSC and 18 cooperating
research partners in the Atlantic Ocean Research Area (ARA), Gulf of
Mexico Research Area (GOMRA), and Caribbean Research Area (CRA). The
SEFSC submitted a revised draft in October 2015, followed by another
revision on April 6, 2016, which we deemed adequate and complete. On
April 22, 2016 (81 FR 23677), we published a notice of receipt of the
SEFSC's application in the Federal Register, requesting comments and
information related to the SEFSC's request for thirty days. We received
joint comments from The Humane Society of the United States and Whale
and Dolphin Conservation, which we considered in development of this
proposed rule and are available on the internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The SEFSC request is for the take
of 15 species of marine mammals by mortality, serious injury, and Level
A harassment (hereafter referred as ``M/SI'' assuming worst case
scenario) and 34 species of marine mammals by Level B harassment.
On July 29, 2015, NMFS received an application from TPWD requesting
authorization for take of marine mammals incidental to fishery-
independent monitoring activities in Texas. On January 6, 2017 (82 FR
1721), we published a notice of receipt of the TPWD's application in
the Federal Register, requesting comments and information related to
the TPWD's request for thirty days. We received comments from the
Marine Mammal Commission and the Texas Chapter of the Coastal
Conservation Association which we considered in the development of this
proposed rule and are available on the internet at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In response to comments, TPWD submitted a
subsequent application on May 11, 2017, which we deemed adequate and
complete.
Description of the Specified Activity
SEFSC Overview
The SEFSC is the research arm of NMFS in the Southeast Region. The
SEFSC plans, develops, and manages a multidisciplinary program of basic
and applied research to generate the information necessary for the
conservation and management of the region's living marine resources,
including the region's marine and anadromous fish and invertebrate
populations to ensure they remain at sustainable and healthy levels.
The SEFSC collects a wide array of information necessary to evaluate
the status of exploited fishery resources and the marine environment
from fishery independent (i.e., non-commercial or recreational fishing)
platforms. Surveys are conducted from NOAA-owned and operated vessels,
NOAA chartered vessels, or research partner-owned or chartered vessels
in the state and Federal waters of the Atlantic Ocean south of
Virginia, Gulf of Mexico, and Caribbean Sea. All work will occur within
the Exclusive Economic Zone (EEZ) except two surveys which may occur
outside the EEZ.
The SEFSC plans to administer, fund, or conduct 74 fishery-
independent survey programs over the five-year period the proposed
regulations would be effective (see Table 1-1 in the SEFSC's
application). The SEFSC works with 18 Federal, state, or academic
partners to conduct these surveys (see
[[Page 6578]]
Table 1-1 in SEFSC's application for a list of cooperating research
partners). Of the 74 surveys, only 38 involve gear and equipment with
the potential to take marine mammals. Gear types include towed trawl
nets fished at various levels in the water column, seine nets, traps,
longline and other hook and line gear. Surveys using any type of seine
net (e.g., gillnets), trawl net, or hook and line (e.g., longlines)
have the potential for marine mammal interaction (e.g., entanglement,
hooking) resulting in M/SI harassment. In addition, the SEFSC conducts
hydrographic, oceanographic, and meteorological sampling concurrent
with many of these surveys which requires the use of active acoustic
devices (e.g., side-scan sonar, echosounders). These active sonars
result in elevated sound levels in the water column, resulting in the
potential to behaviorally disturb marine mammals resulting in Level B
harassment.
Many SEFSC surveys only occur at certain times of the year to align
with the target species and age class being researched (see Table 1-1
in SEFSC's application); however, in general, the SEFSC conducts some
type of sampling year round in various locations. Specific dates and
duration of individual surveys are inherently uncertain because they
are based on congressional funding levels, weather conditions, and ship
contingencies. For example, some surveys are only conducted every two
or three years or when funding is available. Timing of the surveys is a
key element of their design. Oceanic and atmospheric conditions, as
well as ship contingencies, often dictate survey schedules even for
routinely-conducted surveys. In addition, cooperative research is
designed to provide flexibility on a yearly basis in order to address
issues as they arise. Some cooperative research projects last multiple
years or may continue with modifications. Other projects only last one
year and are not continued. Most cooperative research projects go
through an annual competitive selection process to determine which
projects should be funded based on proposals developed by many
independent researchers and fishing industry participants. The exact
location of survey effort also varies year to year (albeit in the same
general area) because they are often based on randomized sampling
designs. Year-round, in all research areas, there is one or more than
one survey planned that has the potential to take marine mammals.
TPWD Overview
TPWD conducts a long-term standardized fishery-independent
monitoring program to assess the relative abundance and size of finfish
and shellfish in ten Texas bay systems using gillnets set perpendicular
to the shoreline. Gill nets are set overnight during each spring and
fall season for a total of four weeks per year. Bottlenose dolphins
have the potential to become entangled in gillnet gear which can result
in M/SI harassment.
Specified Geographic Region--SEFSC
The SEFSC conducts research in three research areas: The Atlantic
Ocean from North Carolina to Florida and associated estuaries (ARA),
the Gulf of Mexico and associated estuaries (GOMRA), and the Caribbean
around Puerto Rico and the US Virgin Islands (CRA). Research surveys
occur both inside and outside the U.S. Exclusive Economic Zone (EEZ),
and sometimes span across multiple ecological, physical, and political
boundaries (see Figure1-2 in the SEFSC's application for map). With
respect to gear, Appendix B in the SEFSC Draft Programmatic
Environmental Assessment (PEA) includes a table and figures showing the
spatial and temporal distribution of fishing gears used during SEFSC
research.
The three research areas fully or partially encompass four Large
Marine Ecosystems (LMEs): The Northeast U.S. Continental Shelf LME (NE
LME), the Southeast U.S. Continental Shelf LME (SE LME), the Gulf of
Mexico LME, (GOM LME), and the Caribbean Sea LME (CS LME). LMEs are
large areas of coastal ocean space, generally include greater than
200,000 square kilometers (km\2\) of ocean surface area and are located
in coastal waters where primary productivity is typically higher than
in open ocean areas. LME physical boundaries are based on four
ecological criteria: bathymetry, hydrography, productivity, and trophic
relationships. NOAA has implemented a management approach designed to
improve the long-term sustainability of LMEs and their resources by
using practices that focus on ensuring the sustainability of the
productive potential for ecosystem goods and services. Figure 2-1 in
the SEFSC's application shows the location and boundaries of the three
research areas with respect to LME boundaries. We note here that, while
the SEFSC specified geographical region extends outside of the U.S.
EEZ, into the Mexican EEZ (not including Mexican territorial waters),
the MMPA's authority does not extend into foreign territorial waters.
The following provides a brief introduction to the characteristics of
each research area. Additional descriptive material concerning the
geology, oceanography, and physical environment influencing species
distribution within each of the research areas can be found in Chapter
3 of the Draft PEA.
Atlantic Research Area
The ARA constitutes more than 530,000 square miles (mi\2\) from
North Carolina to Florida. Three key features of the ARA include the NE
LME (however SEFSC research is only conducted south of Virginia), SE
LME, and Gulf Stream. The NE LME encompasses approximately 115,831
mi\2\, and is structurally complex, with marked temperature changes,
winds, river runoff, estuarine exchanges, tides and complex circulation
regimes. The Shelf-Slope Front is associated with a southward flow of
cold, fresh water from the Labrador Sea. The Mid-Shelf Front follows
the 50-m isobath (Ullman and Cornillon 1999). The Nantucket Shoals
Front hugs the namesake bank/shaols along 20-30-m isobaths. The
Wilkinson Basin Front and Jordan Basin Front separate deep basins from
Georges Bank and Browns Bank (Mavor and Bisagni 2001). The SE LME
extends from the Straits of Florida to Cape Hatteras, North Carolina in
the Atlantic Ocean. It is characterized by a temperate climate and has
a surface area of about 300,000 km\2\, of which 2.44 percent is
protected. It contains 0.27 percent of the world's coral reefs and 18
estuaries and river systems. These estuarine and river systems, such as
the Albemarle-Pamlico Sound (the second largest estuary in the nation)
contain nearshore and barrier islands, fresh and estuarine waters, and
extensive coastal marshes that provide unique habitats for living
marine resources, including marine mammals (Aquarone 2009). Adjacent to
the SE LME is the warm, saline, northward flowing Gulf Stream which is
bounded by two fronts; the inshore Gulf Stream Front and the offshore
Gulf Stream Front (see Figure 2-2). The inshore Gulf Stream Front
extends over the upper continental slope and shelf break, approximately
aligned with the 50-meter isobath (Atkinson and Menzel 1985), while the
offshore Gulf Stream Front runs parallel to it approximately 100
kilometers offshore. The Gulf Stream forms a semi-permanent offshore
deflection near a deepwater bank southeast of Charleston, South
Carolina, called the `Charleston Bump' at 31.5 degrees north. The Mid-
Shelf Front is aligned approximately with the 35-to-40 meter isobaths.
Other shelf fronts separate a mixture of water masses formed by
wintertime cold air outbreaks, river discharge, tidal mixing and wind-
induced coastal upwelling
[[Page 6579]]
(Pietrafesa et al. 1985, Belkin et al. 2009).
Gulf of Mexico Research Area
The GOMRA encompasses more than 800,000 mi\2\. The SEFSC conducts
fisheries research in portions of the GOM LME, a deep marginal sea
bordered by Cuba, Mexico, and the U.S. It is the largest semi-enclosed
coastal sea of the western Atlantic, encompassing more than 1.5 million
km\2\, of which 1.57 percent is protected, as well as 0.49 percent of
the world's coral reefs and 0.02 percent of the world's sea mounts (Sea
Around Us 2007). The continental shelf is very extensive, comprising
about 30 percent of the total area and is topographically very diverse
(Heileman and Rabalais 2009). Oceanic water enters this LME from the
Yucatan channel and exits through the Straits of Florida, creating the
Loop Current, a major oceanographic feature and part of the Gulf Stream
System (Lohrenz et al. 1999) (see Figure 2-4). The LME is strongly
influenced by freshwater input from rivers, particularly the
Mississippi-Atchafalaya, which accounts for about two-thirds of the
flows into the Gulf (Richards & McGowan 1989) while freshwater
discharges from the Mississippi River estuary and rivers of the Florida
Panhandle contribute to the development and maintenance of 6 major
oceanic fronts. Similar to the ARA, the GOMRA includes forty-seven
major estuaries, many of which support numerous recreational and
commercial fisheries and are home to resident bottlenose dolphin
stocks.
Caribbean Research Area
The CRA is the smallest of the SEFSC research areas (approximately
400,000 mi\2\) and includes portions of the CS LME. The CS LME is a
tropic sea bounded by North America (South Florida), Central and South
America, and the Antilles chain of islands. The LME has a surface area
of about 3.3 million km\2\, of which 3.89 percent is protected
(Heileman and Mahon 2009). It contains 7.09 percent of the world's
coral reefs and 1.35 percent of the world's sea mounts. The average
depth is 2,200 meters, with the Cayman Trench being the deepest part at
7,100 meters. Most of the Caribbean islands are influenced by the
nutrient-poor North Equatorial Current that enters the Caribbean Sea
through the passages between the Lesser Antilles islands. Run-off from
two of the largest river systems in the world, the Amazon and the
Orinoco, as well as numerous other large rivers, dominates the north
coast of South America (Muller-Karger 1993). Unlike the ARA and GOMRA,
the SEFSC does not conduct research in estuarine waters within the CRA.
TPWD Specified Geographic Area
TPWD conducts fisheries research using gillnets in ten Texas bay
systems: Laguna Madre, Corpus Christi Bay, Aransas Bay, San Antonio
Bay, Matagorda Bay, East Matagorda Bay, Cedar Lakes, West Bay,
Galveston Bay, and Sabine Lake (see Figure 1 and 2 in TPWD's
application). These systems are wide and shallow with little tidal
elevation change.
Detailed Description of Activities
SEFSC
The Federal government has a trust responsibility to protect living
marine resources in waters of the U.S., also referred to as Federal
waters. These waters generally lie 3 to 200 nautical miles (nm) from
the shoreline. Those waters 3-12 nm offshore comprise territorial
waters and those 12-to-200 nm offshore comprise the Exclusive Economic
Zone (EEZ), except where other nations have adjacent territorial
claims. NOAA also conducts research to foster resource protection in
state waters (i.e., estuaries and oceanic waters with 3 nm of shore).
The U.S. government has also entered into a number of international
agreements and treaties related to the management of living marine
resources in international waters outside of the U.S. EEZ (i.e., the
high seas). To carry out its responsibilities over Federal and
international waters, Congress has enacted several statutes authorizing
certain Federal agencies to administer programs to manage and protect
living marine resources. Among these Federal agencies, NOAA has the
primary responsibility for protecting marine finfish and shellfish
species and their habitats. Within NOAA, NMFS has been delegated
primary responsibility for the science-based management, conservation,
and protection of living marine resources.
The SEFSC conducts multi-disciplinary research programs to provide
management information to support national and regional programs of
NMFS and to respond to the needs of Regional Fishery Management
Councils (FMCs), interstate and international fishery commissions,
Fishery Development Foundations, government agencies, and the general
public. SEFSC develops the scientific information required for fishery
resource conservation, fishery development and utilization, habitat
conservation, and protection of marine mammals and endangered marine
species. Research is pursued to address specific needs in population
dynamics, fishery biology and economics, engineering and gear
development, and protected species biology. Specifically, research
includes monitoring fish stock recruitment, abundance, survival and
biological rates, geographic distribution of species and stocks,
ecosystem process changes, and marine ecological research.
To carry out this research, the SEFSC proposes to administer or
conduct 74 survey programs during the 5-year period the proposed
regulations would be effective; however, only 44 surveys have the
potential to take marine mammals from gear interaction or acoustic
harassment. Surveys would be carried out by SEFSC scientists alone or
in combination with Federal, state, or academic partners while some
surveys would be carried out solely by cooperating research partners.
Surveys not conducted by SEFSC staff are included here because they are
funded or have received other support (e.g., gear) by the SEFSC. SEFSC
scientists conduct fishery-independent research onboard NOAA-owned and
operated vessels or chartered vessels while partners conduct research
aboard NOAA, their own or chartered vessels. Table 1 provides a summary
of annual projects including survey name, entity conducting the survey,
location, gear type, and effort. The information presented here
augments the more detailed table included in the SEFSC's application.
In the subsequent section, we describe relevant active acoustic
devices, which are commonly used in SEFSC survey activities. Appendix A
of the SEFSC's application contains detailed descriptions, pictures,
and diagrams of all research gear and vessels used by the SEFSC and
partners under this proposed rulemaking.
[[Page 6580]]
Table 1--Summary Description of Fisheries and Ecosystem Research Activities Conducted or Funded by the SEFSC in the GOMRA, ARA, and CRA
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Season, frequency,
Survey name (research agency) General area of yearly days at sea Vessel used Gear used Number of stations
operation (DAS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
HMS--GOM Shark Pupping & Nursery SEFSC--FL Panhandle in Annual Apr-Oct, 30 USCG Class I: R/V Set gillnet.......... SEFSC--16-20 sets/
Survey (GULFSPAN), (SEFSC, USM/ St. Andrew Bay and DAS, (approximately 4 Mokarran, R/V month, up to 120
GCRL, UWF, FSU/CML) \1\ * UWF is St. Joseph Bay, 1-10 days/month), daytime Pristis. sets total.
inactive. m depths. operations only.
Mississippi Sound, 1-9 Annual Apr-Oct, 8 DAS USCG Class I: Small Set gillnet.......... 3 sets/month, 21 sets
m depths. (1/month), daytime vessel. total.
operations only.
Perdido Bay, Pensacola Annual May-Sep, 10 DAS USCG Class I: State Set gillnet.......... 10 sets/month, 50
Bay, Choctawhatchee (2/month), daytime vessel. sets total.
Bay, and Santa Rosa operations only.
Sound, 1.5-6 m depths.
Northwest FL state Annual................ USCG Class I: R/V Set gillnet.......... 74 sets/yr total.
waters, 0.7-7 m Naucrates.
depths.
(A) Apalachee Bay..... (A) Jan-Dec, 12 DAS (1/ (A) 24 sets.
month).
(B) Alligator Pt.- (B) June & July, 20 (B) 50 sets.
Anclote Keys. DAS, daytime Bottom longline...... 74 sets/yr total.
operations only. (A) 24 total.
(B) 50 total.
State waters of Annual May-Sep, 15 USCG Class I: State Set gillnet.......... 16 sets/month (within
southwest FL within DAS, daytime vessel. two designated 10 km
Pine Island Sound in operations only. \2\ grids), 80 sets
the Charlotte Harbor total.
estuary. Depth ranges
0.6-4.6 m depth.
IJA Coastal Finfish Gillnet Survey, Mississippi Sound and Annual, Jan-Dec, 24 USCG Class I: Small Sinking gillnet, 8 sets/month, 96 sets
(MDMR) \1\. estuaries; 0.2-2 m DAS, daytime vessel. shallow deployment. total.
depths. operations only.
Smalltooth Sawfish Abundance Ten Thousand Islands, Annual, Mar-Nov, 56 USCG Class I: R/V Set gillnet, shallow ~20 sets/month, 180-
Survey, (SEFSC) \1\. FL backcountry DAS (6-7 DAS/trip), Pristis. deployment. 200 sets total.
region, including daytime operations
areas in Everglades only.
National Park and Ten
Thousand Island
National Wildlife
Refuge in 0.2-1.0 m
depths.
Pelagic Longline Survey--GOM, U.S. GOM.............. Intermittent, Feb-May, USCG R/V: R/V Oregon Pelagic longline..... 100-125 sets.
(SEFSC) \1\. 30 DAS, 24 hour II. CTD profiler......... 100-125 casts.
operations (set/haul
anytime day or night).
Shark and Red Snapper Bottom Randomly selected Annually, July-Sep, 60 USCG R/V: R/V Oregon Bottom longline...... 175 sets
Longline Survey-GOM, (SEFSC) \1\. sites from FL to DAS, 24 hour II, R/V Gordon CTD profiler and 175 casts.
Brownsville, TX operations (set/haul Gunter;. rosette water
between bottom depths anytime day or night). USCG Small R/V: R/V sampler.
9-366 m. Caretta, R/V Gandy.
SEAMAP--GOM Bottom Longline Survey, AL--MS Sound, Mobile Annually, Apr-May, USCG Class III: R/V Bottom longline...... AL--32 sets.
(ADCNR, USM-GCRL, LDWF, TPWD) \1\. Bay, and near Dauphin June-July, Aug-Sep. E.O. Wilson, R/V ..................... MS--40.
Island. AL--8 DAS, day Alabama Discovery, R/ ..................... LA--98.
MS--MS Sound, south of operations only. V Defender I, R/V ..................... TX--20.
the MS Barrier MS--16 DAS, day Tom McIlwain, RV Jim CTD Profiler........ AL--32 casts.
Islands, Chandeleur, operations only. Franks, R/V Nueces, ..................... LA--40.
and Breton Sound, and LA--30 DAS, day R/V SanJacinto. Water quality and MS--40 casts.
the area east of the operations only. USCG R/V: R/V chemistry (YSI TX--20.
Chandeleur Islands.. TX--10 DAS, day Blazing Seven (2011- instruments, Niskin
LA--LA waters west of operations only. 2014). bottles, turbidity
the MS River. meter).
TX--near Aransas Pass
and Bolivar Roads
Ship Channel.
IJA Biloxi Bay Beam Trawl Survey, MS state waters in Annually, Jan-Dec, 25 USCG Class I: R/V Modified beam trawl.. 11 trawls/month, 132
(MDMR) \1\. Biloxi Bay, 1-5 ft DAS, day operations Grav I, R/V Grav II, trawls total.
depths. only. R/V Grav IV.
IJA Inshore Finfish Trawl Survey, MS state waters from Annually, Jan-Dec, 12 USCG Class I: small Otter trawl.......... 72 trawls.
(MDMR) \1\. Bay St. Louis, to DAS, day operations vessel R/V Geoship.
approximately 2 miles only.
south Cat Island, 5-
25 ft depths.
IJA Open Bay Shellfish Trawl TX state waters in Annually, Jan-Dec, 120 USCG Class I: small Otter trawl.......... 90 trawls/month, 1080
Survey, (TPWD) \1\. Galveston, Matagorda, DAS, day operations vessel. ..................... trawls total.
Aransas, and Corpus only. USCG Class II: R/V Water quality and
Christi Bays and the Trinity Bay, R/V chemistry (YSI
lower Laguna Madre, 3- Copano Bay, R/V RJ instruments, Niskin
30 ft depths. Kemp. bottles, turbidity
meter).
[[Page 6581]]
Oceanic Deep-water Trawl--GOM, U.S. GOM waters >500 m Intermittent due to USCG R/V: R/V Gunter, High Speed Midwater 60 trawls (2-3 per
(SEFSC) \1\. deep. funding, 20 DAS, 24 R/V Pisces. Trawl, Aleutian Wing day).
hour operations. Trawl. .....................
* conducted in 2009 & CTD profiler and .....................
2010 and in the rosette water 60 casts.
future as funding sampler. Tow speed: 0.
allows.. Duration: 60-90 min.
St. Andrew Bay Juvenile Reef Fish St. Andrew Bay, FL, up Annually, May-Nov, 28 USCG Class I: Boston Benthic Trawl........ 13 trawls per week,
Trawl Survey, (SEFSC) \1\. to 2 m depths. DAS, day operations Whaler. 24 weeks, 312 trawls
only, (one day/week). total.
Small Pelagics Trawl Survey, U.S. GOM in depths of Annually, Oct-Nov, 40 USCG R/V: R/V Gordon High-opening bottom 150-200 trawls.
(SEFSC) \1\. 50-500 m. DAS, 24 hour Gunter, R/V Pisces. trawl.
operations (set/haul
anytime day or night).
Simrad ME70 Multi- Continuous.
Beam echosounder.
EK60 Multi-frequency Continuous.
single-beam active
acoustics.
ADCP................. Continuous.
CTD profiler and 250 casts.
rosette water
sampler.
SEAMAP-GOM Shrimp/Groundfish Trawl U.S. GOM from FL to Annually, summer (June USCG Class II: R/V Otter trawl.......... Effort evenly divided
Survey, (SEFSC, FFWCC, ADCNR, USM/ Mexico in depths of & July) and fall (Oct- Trinity Bay, R/V ..................... between seasons
GCRL, LDWF) \1\. 30-360 ft. Nov), effort evenly Copano Bay, R/V RJ ..................... unless noted.
divided between Kemp. ..................... SEFSC--345 trawls
seasons unless noted; USCG Class III: R/V ..................... (summer), 325
all surveys have 24 A.E. Verrill, R/V ..................... (fall).
hour operations-set/ Alabama Discovery, R/ ..................... FL--160 (summer
haul anytime day or V Sabine Lake, R/V ..................... only).
night. Nueces, R/V San ..................... AL--16-24.
SEFSC--80 DAS......... Jacinto, R/V San ..................... MS--60.
FL--20 DAS (summer Antonio, R/V CTD profiler and LA--32.
only). Matagorda Bay. rosette water .....................
AL--6 DAS............. USCG R/V: R/V Oregon sampler TPWD uses SEFSC--395 casts
MS--6 DAS............. II, R/V Tommy Munro, YSI Datasonde 6600 (summer), 305
LA--5 DAS............. R/V Weatherbird II, v2-4. (fall).
R/V Pelican, R/V FL--200 (summer
Blazing Seven (2011- only).
2014), R/V Point Sur. AL--20.
MS--81.
LA--39.
SEFSC BRD Evaluations, (SEFSC) \1\. State and Federal Annually, May & Aug USCG Class III: R/V Western jib shrimp 20 paired trawls each
nearshore and (one week/month), 14 Caretta. trawls. season, 40 paired
offshore waters off DAS, night operations trawls total.
FL, AL, MS, and LA at only.
depths of 10-35 m.
Also Mississippi
Sound at depths of 3-
6 m.
SEFSC-GOM TED Evaluations, (SEFSC) State and Federal Annually, May, Aug, & USCG Class I & II: Western jib shrimp 30 paired trawls per
\1\. nearshore and Sep (one week/month), NOAA small boats. trawls. season, 90 paired
offshore waters off 21 DAS, day USCG Class III: R/V trawls total.
FL, AL, MS, and LA at operations only. Caretta.
depths of 10-35 m.
Also Mississippi
Sound at depths of 3-
6 m.
SEFSC Skimmer Trawl TED Testing, Conducted in Annually until 2016 USCG Class III: R/V Skimmer trawls....... 600 paired trawls.
(SEFSC) \1\. Mississippi Sound, (tentative depending Caretta.
Chandeleur Sound, and on funding and need)
Breton Sound at May-Dec, 5-15 DAS/
depths of 2-6 m. month, 60 DAS total,
24 hour operations-
set/haul anytime day
or night.
SEFSC Small Turtle TED Testing and State waters in St. Annually , 21 DAS, day USCG Class III: R/V Western jib shrimp 100 paired trawls.
Gear Evaluations, (SEFSC) \1\. Andrews Bay, FL and operations only. Caretta. trawls are utilized
off Shell Island and/ during TED
or Panama City Beach, evaluations.
FL at depths of 7-10
m.
IJA Biloxi Bay Seine Survey, (MDMR) MS state waters in Annually, Jan-Dec, 25 USCG Class I & II: R/ Bag seine............ 11 sets/month, 132
\1\. Biloxi Bay, 1-5 ft DAS, day operations V Grav I, R/V Grav sets total.
depths. only. II, R/V Grav IV,
small vessel.
IJA Oyster Dredge Monitoring MS state waters, at Annually, Jan-Dec, 12 USCG Class I: R/V Oyster dredge........ 38 tows.
Survey, (MDMR). commercially DAS, day operations Rookie.
important oyster only. USCG Class II: R/V
reefs: Pass Christian Silvership.
Complex, Pass
Marianne Reef,
Telegraph Reef and
St. Joe Reef, in 5-15
ft depths.
[[Page 6582]]
IJA Shoreline Shellfish Bag Seine TX state waters in Annually, Jan-Dec, 120 N/A.................. Bag seine............ 100 sets/month, 1200
Survey, (TPWD) \1\. Galveston, Matagorda, DAS, day operations total.
Aransas, and Corpus only.
Christi Bays and the
lower Laguna Madre, 0-
6 ft depths.
Marine Mammal and Ecosystem Northern GOM.......... Every three years, USCG R/V: R/V Gordon CTD profiler and 60 casts.
Assessment Survey-GOM, (SEFSC) \1\. June-Sep, 60 DAS, 24 Gunter. rosette water
hour operations (set/ sampler.
haul anytime day or
night).
Expendable 300 units.
bathythermographs.
ADCP................. Continuous.
Simrad ME70 Multi- Continuous.
Beam echosounder.
EK60 Multi-frequency Continuous.
single-beam active
acoustics.
Passive acoustic Continuous.
arrays.
Northeast GOM MPA Survey, (SEFSC).. Madison-Swanson, Annually, Feb-Mar, 60 USCG Class III: R/V 4-camera array....... 100--200 deployments
*Currently Inactive................ Steamboat Lumps, and DAS, day operations Caretta. CTD Profiler......... 100--200 casts.
The Edges marine only.
reserves on the West
Florida Shelf.
Panama City Laboratory Reef Fish Penscecola, FL to Annually, May-Sep, 40 USCG Class II: R/V 4-camera array....... 200 deployments.
(Trap/Video) Survey, (SEFSC). Cedar Key, FL. DAS, day operations Harold B, ..................... .....................
only. USCG Class III: R/V Chevron fish trap 100 sets.
Caretta, R/V outfitted with one
Defender, R/V GoPro video camera..
Apalachee.
CTD profiler......... 200 casts.
SEAMAP-GOM Finfish Vertical Line State and Federal AL: Annually, two USCG Class III: R/V Bandit gear.......... AL: 120 sets per
Survey, (ADCNR, LDWF, USM/GCRL). waters off Alabama at intervals: spring Escape, R/V Lady season, 240 sets
sampling depths from (Apr/May) and summer Ann, R/V Defender I. total.
60 to 500 ft and LA (July-Sep), 9 DAS, USCG R/V: R/V Blazing LA: 100 sets total.
waters west of the day operations only. Seven (2011-2014), TX: 165 sets total.
Mississippi River LA and TX: Annually, Poseidon, Trident R/
across three depth April-Oct. V Sabine, San
strata (60-120 ft, Jacinto, San
120-180 ft, and 180- 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 Annually, Mar-Oct, 16 USCG Class III: R/V Bandit gear.......... 15 stations/season--
waters off MS. DAS (4 days/month), Jim Franks. 45 stations total, 3
Sampling depths 5-55 day operations only. sets per station,
fathoms.. 135 sets total.
Stations are sampled
during daylight hours.
SEAMAP-GOM Plankton Survey, (ADCNR, State and Federal AL: Annually, Aug-Sep, USCG Class III: R/V Bongo net............ AL: 6 tows.
LDWF, USM/GCRL). waters off the coast 2 DAS, day operations A.E. Verrill, R/V ..................... LA: 9 tows.
of AL, MS, LA, and FL. only. Alabama Discovery, R/ ..................... MS: 20 tows.
LA: Annually, June, V Acadiana. Neuston net.......... AL: 6 tows.
Sep, 2 DAS, day USCG R/V: R/V Blazing ..................... LA: 9 tows.
operations only. Seven (2011-2014), R/ ..................... MS/FL: 20 tows.
MS: Annually, May and V Point Sur; R/V CTD Profiler......... AL: 6 casts.
Sep, 4 DAS, 24 hour Defender. LA: 9 casts.
operations. MS/FL: 20 casts.
SEAMAP-GOM Plankton Survey, (SEFSC) Coastal, shelf and Annually, Feb-Mar USCG R/V: R/V Oregon Bongo net............ 650 tows.
open ocean waters of (winter), 30 DAS;. II, R/V Gordon Neuston net.......... 650 tows.
the GOM. Apr-May (spring), 60 Gunter, R/V Pisces. MOCNESS.............. 378 tows.
DAS;. Methot juvenile fish 126 tows.
Aug-Sep (fall), 36 DAS net. 756 casts.
24 hour operations CTD profiler and
(set/haul anytime day rosette water
or night). sampler.
SEAMAP-GOM Reef Fish Monitoring, West FL shelf from Annual, July-Sep, 50 USCG Class I & II: R/ 2-camera array....... 150 deployments.
(FFWCC). 26[deg]N to Dry DAS, daylight hours. V No Frills, R/V Chevron fish trap.... 300-450 sets.
Tortugas, FL. Gulf Mariner, R/V CTD profiler......... 300 casts.
Sonic, R/V Johnson,
chartered fishing
vessels.
USCG Small R/V: R/V
Bellows, R/V
Apalachee.
USCG R/V: R/V
Weatherbird.
[[Page 6583]]
SEAMAP-GOM Reef Fish Survey, Gulf-wide survey from Annual, Apr-July, 60 USCG Class III: R/V 4-camera array....... 400-600 deployments.
(SEFSC). Brownsville, TX to DAS, 24 hour Caretta, R/V Gandy. Chevron trap 50-100 sets.
Key West, FL, in operations on large USCG R/V: R/V Pisces, (discontinued use in .....................
depths of 15-500 ft. vessels (cameras, R/V Oregon II. 2013). 400-600 casts.
Approximately 7.0% of traps, bandit-- USCG R/V: Southern CTD Profiler......... 120 sets.
this survey effort daytime only), 12 Journey. Bandit Reels......... Continuous.
(458 stations) occurs hour operations on NOAA Ship: Gordon Acoustic Doppler .....................
within the Florida small vessels Hunter. Current Profiler. Continuous.
Garden Banks NMS. (daytime only). Simrad ME70 Multi- .....................
beam echosounder. Continuous.
EK60 Multi-frequency .....................
single-beam active
acoustics.
IJA Oyster Visual Monitoring MS state waters, 5-15 Annually, Sep/Oct to USCG Class I & II: R/ SCUBA divers......... ~ 20 dives.
Survey, (MDMR). ft depths. Apr/May of following V Silvership, R/V
year, 12 DAS, day Rookie.
operations only.
Reef Fish Visual Census Survey--Dry Dry Tortugas area in Biannually, May-Sept, USCG Class II & III: SCUBA divers with 300 stations (4 dives
Tortugas, Flower Gardens (SEFSC). the GOM, <33m deep. 25 DAS, day Chartered dive meter sticks, 30 cm per station).
operations only. vessel. rule and digital
camera.
Tortugas Ecological Reserve Survey, Tortugas South Biannually, summer USCG Class II & III: SCUBA divers, 16 stations, each
(SEFSC) *. Ecological Reserve, (June or July), 6 Chartered vessel. transect tape, station done 2-3
*Currently inactive since 2015..... Florida Keys National days, day and night clipboards/pencils. times.
Marine Sanctuary. 12 hour operations.
*Survey has been
discontinued since
2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
ACFCMA American Eel Fyke Net Goose Creek Reservoir Annually, Feb-Apr, 32 USCG Class A: John Fyke net............. 1 station per day, 40
Survey, (SCDNR). or the Cooper River, DAS, day operations Boat--no motor, walk/ collections total.
near Charleston, SC, only. wade to work net.
1-7 ft depths.
Thermometer.......... 32 casts.
ACFCMA American Shad Drift Gillnet Santee, Edisto, Annual, Jan-Apr, (2-3 USCG Class I: R/V Drift gillnet........ 4-5 sets/trip, 120
Survey, (SCDNR) \1\. Waccamaw, Combahee trips/week), 40 DAS, Bateau R/V McKee sets total.
Rivers, SC. day operations only. Craft.
RecFIN Red Drum Trammel Net Survey, Coastal estuaries and Annually, Jan-Dec, 120- USCG Class I: Florida Trammel net.......... 1000 sets/yr covering
(SCDNR). rivers of SC in 144 DAS (14-18 days/ Mullet Skiffs. 225 stations/yr.
depths of 6 ft or month), day Operates in 7-9
less along shoreline.. operations only. strata/month.
HMS Chesapeake Bay and Coastal Chesapeake Bay and Annually, May-Oct (5 USCG Class III: R/V Bottom longline...... 50 sets.
Virginia Bottom Longline Shark state and Federal days/month), 30 DAS, Bay Eagle. Hydrolab MS5 Sonde... 50 casts.
Survey, (VIMS) \1\. waters off Virginia. day operations only.
MARMAP Reef Fish Long Bottom South Atlantic Bight Annually 1996-2012 *, USCG Small R/V: R/V Bottom longline...... 60 sets.
Longline Survey, (SCDNR) \1\. (between 27[deg]N and Aug-Oct, 10-20 DAS, Lady Lisa. CTD profiler......... 60 casts.
34[deg]N, but mostly day operations only.
off GA and SC). *Halted in 2012 but
Sampling occurs in will resume annually
Federal waters. if funding obtained.
Depths from ~ 500 to
860 ft.
MARMAP/SEAMAP-SA Reef Fish Survey, South Atlantic Bight Annually, year-round USCG R/V: R/V Chevron fish trap 600 sets.
(SCDNR) \1\. (between 27[deg]N and but primarily Apr- Palmetto. outfitted with two
*Inactive 2012-2014................ 34[deg]N). Oct, 70-120 DAS, day cameras.
operations only.
Bottom longline....... 60 sets..............
Bandit reels.......... 400 sets.............
CTD profiler.......... 300 casts............
Pelagic Longline Survey-SA, (SEFSC) Cape Hatteras, NC to Intermittent, Feb-May, USCG R/V: R/V Oregon Pelagic Longline..... 100-125 sets.
\1\. Cape Canaveral, FL. 30 DAS, 24 hour II. CTD profiler......... 100-125 casts.
(See also effort conducted in the operations (set/haul
GOMRA). anytime day or night).
Shark and Red Snapper Bottom Cape Hatteras, NC to Annually, July-Sep, 60 USCG Class III: R/V Bottom longline...... 70 sets.
Longline Survey-SA, (SEFSC) \1\. Cape Canaveral, FL DAS, 24 hour Caretta. ..................... .....................
(See also effort conducted in the between bottom depths operations (set/haul USCG R/V: R/V Oregon CTD profiler and 70 casts.
GOMRA). 9-183 m. anytime day or night). II, R/V Gordon rosette water 0-20 tows.
Gunter. sampler.
Neuston and bongo
effort if needed to
augment SEAMAP
plankton objectives.
[[Page 6584]]
SEAMAP-SA Red Drum Bottom Longline NC: Pamlico Sound or Annually.............. USCG Class II: 26 ft Bottom longline...... NC: 75-100 sets
Survey, (NCDEQ, SCDNR, GDNR) \1\. in the nearshore NC: mid-July to mid- outboard. ..................... total.
waters of Ocracoke Oct (2 days/week for USCG Class III: R/V ..................... SC: 360 sets.
Inlet. 12 weeks), 24 DAS, 12 Marguerite, R/V YSI (Dissolved GA: 200-275 sets.
SC: Estuaries out to hour operations, Silver Crescent. oxygen, salinity, NC: 75-100 casts.
10 miles in Winyah beginning at dusk. temperature). SC: 360 casts.
Bay, Charleston SC: Aug-Dec, day GA: 200-275 casts.
Harbor, St. Helena operations only 36
Sound, and Port Royal DAS.
Sound. GA: Apr-Dec (6 days/
GA: State and Federal month), 54 DAS, day
waters off the coast operations only.
of GA and NE FL,
(~32[deg]05'N
latitude to the
north, 29[deg]20'N
latitude to the
south, 80[deg]30'W
longitude to the
east, and the
coastline to the
west.).
ACFCMA Ecological Monitoring Trawl Georgia state waters Annually, Jan-Dec (7 USCG Class III: R/V Otter trawl.......... 42 trawls/month, 504
Survey, (GDNR) \1\. out to three nm, 10- days/month), 84 DAS, Anna. trawls total.
35 ft depths. day operations only.
YSI 85 (Dissolved 504 casts total.
oxygen, salinity,
temperature).
ACFCMA Juvenile Stage Trawl Survey, Creeks and rivers of Annually, Dec-Jan (3 USCG Class I: 19 ft Otter trawl.......... 18 trawls/month, 216
(GDNR) \1\. three Georgia sound days/month), 36 DAS, Cape Horn; 25 ft trawls total.
systems (Ossabaw, day operations only. Parker.
Altamaha, and St.
Andrew).
YSI 85 (Dissolved 216 casts total.
oxygen, salinity,
temperature).
Atlantic Striped Bass Tagging North of Cape Annually, Jan-Feb, 14 USCG R/V: R/V Oregon 65 ft high-opening 200-350 trawls.
Bottom Trawl Survey, (USFWS) \1\. Hatteras, NC, in DAS, 24 hour II, R/V Cape bottom trawls.
state and Federal operations (set/haul Hatteras, R/V
waters, 30-120 ft anytime day or night). Savannah.
depths.
Juvenile Sport Fish Trawl Florida Bay, FL....... Annually, May-Nov, 35 USCG Class I: R/V Otter trawl.......... -500 trawls.
Monitoring in Florida Bay, (SEFSC) DAS, day operations Batou.
\1\. only.
Oceanic Deep-water Trawl Survey Southeastern U.S. Intermittent due to USCG R/V: NOAA ships. High Speed Midwater 60 trawls (2-3 per
(SEFSC) \1\. Atlantic waters >500 funding, 20 DAS, 24 Trawl, Aleutian Wing day).
*Currently Inactive................ m deep. hour operations Trawl.
(trawls may be set .....................
and retrieved day or
night),
*conducted as funding
allows.
CTD profiler and 60 casts.
rosette water
sampler.
SEAMAP-SA NC Pamlico Sound Trawl Pamlico Sound and the Annually, June & Sep, USCG Class III: R/V Otter trawl: paired 54 trawls each month,
Survey, (NCDENR) \1\. Pamlico, Pungo, and 20 DAS (10 days/ Carolina Coast. mongoose-type Falcon 108 trawls total.
Neuse rivers in month), day bottom trawls.
waters >=6 ft deep. operations only.
Ponar grab........... 54 casts each month,
108 total.
YSI 556 (Dissolved 54 casts each month,
oxygen, salinity, 108 total.
temperature).
Secchi disk.......... 54 casts each month,
108 total.
SEAMAP-SA Coastal Trawl Survey, Cape Hatteras, NC to Annually, Apr-May USCG Small R/V: R/V Otter trawl: paired 300-350 trawls total,
(SCDNR) \1\. Cape Canaveral, FL in (spring), July-Aug Lady Lisa. mongoose-type Falcon evenly divided
nearshore oceanic (summer), and Oct-Nov bottom trawls. between seasons.
waters of 15-30 ft (fall), 60-65 DAS,
depth. day operations only.
SEABIRD electronic 300-350 casts.
CTD.
SEFSC-SA TED Evaluations, (SEFSC) State and Federal Annually, Nov-Apr, 10 USCG Class III: R/V Otter trawl: Mongoose 50 paired trawls.
\1\. waters off Georgia DAS, 24 hour Georgia Bulldog. shrimp trawls.
and eastern FL. operations-set/haul
anytime day or night.
In-Water Sea Turtle Research Winyah Bay, SC to St. Annually, mid-May USCG Class III: R/V Paired flat net 400-450 trawls.
(SCDNR) \1\. Augustine, FL in through late Jul to Georgia Bulldog. bottom trawls (NMFS
water depths of 15-45 early Aug, 24-30 DAS, USCG Small R/V: R/V Turtle Nets per
ft. day operations only. Lady Lisa. Dickerson et al.
1995) with tickler
chains.
[[Page 6585]]
ACFCMA American Eel Pot Survey for Georgia state waters Annually. Sampling USCG Class I: 19 ft Eel traps/pots with 30 stations (180 sets/
Yellow-phase Eels, (GADNR). in the Altamaha River monthly Nov-Apr. Cape Horn, 18 ft float. month; 30 traps set
System. Sampling is based on water temp. skiff. each of 6 days).
conducted during 36 DAS (6 days/
daylight hours. Depth month), day
ranges from 2 to 20 operations only.
ft.
Beaufort Bridgenet Plankton Survey, Pivers Island Bridge, Annually, Nov-May None................. Plankton net......... 125 tows.
(SEFSC). NOAA Beaufort (some years monthly
facility, Beaufort, Jan-Dec), night
NC. operations only
sampling occurs once
per week, n + 4 tows
per night.
Integrated Biscayne Bay Ecological Western shoreline of Twice annually, May- USCG Class II & III Human divers......... 100 dives
Assessment and Monitoring Project Biscayne Bay, FL. Oct (wet season) and vessels. Throw trap........... 372 casts.
(IBBEAM) Project, (SEFSC). Nov-Apr (dry season),
14 DAS, day
operations only.
Intraspecific Diversity in Pink Florida Bay, Annually, June-Aug, 16 USCG Class I: R/V Miniature roller- 40 trawls.
Shrimp Survey, (SEFSC). Whitewater Bay, DAS, day operations Privateer. frame trawl. .....................
*Currently inactive................ Fakahatchee Bay, only. Dip net.............. 40 samples.
Biscayne Bay, Sanibel Bag seine............ 40 sets.
shrimp fishery,
Tortugas shrimp
fishery.
Marine Mammal and Ecosystem Southeastern U.S. Every three years, USCG R/V: R/V Gordon CTD profiler and 60 casts.
Assessment Survey-SA, (SEFSC) \1\. Atlantic. June-Sep, 60 DAS, 24 Gunter. rosette water
hour operations. sampler.
Expendable 300 units.
bathythermographs.
Acoustic Doppler Continuous.
Current Profiler.
Simrad ME70 Multi- Continuous.
Beam echosounder.
EK60 Multi-frequency Continuous.
single-beam active
acoustics.
Passive acoustic Continuous.
arrays.
RecFIN Red Drum Electrofishing Coastal estuaries and Annually, Jan-Dec, 60- USCG Class I: Small 18 ft elecrofishing 360 stations per year
Survey, (SCDNR). rivers of SC in 72 DAS (5-6 days/ vessels. boat. (30 sites/month).
depths of 6 ft or month), day
less in low salinity operations only.
waters (0-12 ppt).
St. Lucie Rod-and-Reel Fish Health Nearshore reef, inlet, Annually, Jan-Dec, USCG Class I: Small Rod and reel gear.... 468 stations per
Study, (SEFSC) \1\. and estuary of St. weekly, 156 DAS, day vessels. year: 3/day x 3 day/
*Currently inactive................ Lucie River, FL inlet operations only. wk.
system (Jupiter or
Ft. Pierce, FL).
SEAMAP-SA Gag Ingress Study, In the vicinity of Annually, Mar-June, USCG Class I: Small Witham collectors.... 15 sets (4 collectors
(SCDNR). Swansboro, NC; 100 DAS, day vessels. at each set), 60
*Inactive since 2016............... Wilmington, NC; operations only. sets total.
Georgetown, SC;
Charleston, SC;
Beaufort, SC;
Savannah, GA; and
Brunswick, GA.
Southeast Fishery Independent Cape Hatteras, NC, to Annually, Apr-Oct, 30- USCG R/V: R/V Nancy Chevron fish trap 1000 deployments.
Survey (SEFIS) (SEFSC) \1\. St. Lucie Inlet, FL. 80 DAS, 24 hour Foster, R/V Pisces, outfitted with 2
Fifteen survey operations (cameras & R/V Savannah. high-definition
stations occur within traps-daytime video cameras.
Gray's Reef NMS. operations,
acoustics--anytime
day or night).
CTD profiler......... 100-200 casts.
Simrad ME70 Multi- Continuous.
Beam echosounder.
Multi-frequency Continuous.
single-beam active
acoustics.
U.S. South Atlantic MPA Survey, Jacksonville, FL to Annually, May-Aug, 14 USCG R/V: R/V Pisces, ROV Phantom S2 10-40 deployments.
(SEFSC) \1\. Cape Fear, NC on or DAS, 24 hour R/V Nancy Foster, R/ vehicle with tether .....................
near the continental operations (ROV V Spree. attached to CTD .....................
shelf edge at depths daytime operations, cable. 28 casts.
between 80 and 600 m. acoustics--anytime CTD profiler.........
day or night).
Simrad ME70 Multi- Every other night for
Beam echosounder. 6-12 hrs.
EK60 Multi-frequency Every other night for
single-beam active 6-12 hrs.
acoustics.
[[Page 6586]]
FL/Dry Tortugas Coral Reef Benthic Survey area Quarterly-annually, USCG Class I & II: SCUBA divers with 300 dives.
Survey, (SEFSC). encompasses Federal May-Oct, 100 DAS. small vessels. measuring devices,
and territorial cameras, and hand
waters from Dry tools.
Tortugas to Martin
County, FL. Surveys
occur within the
Florida Keys NMS (150
stations).
Demographic Monitoring of Acropora Florida Keys National 3x per year, ~35 DAS.. USCG Class I......... SCUBA divers......... 30 fixed plots.
Species, (SEFSC). Marine Sanctuary.
Reef Fish Visual Census Survey-- Florida Keys NMS and Annually, May-Sep, 25 USCG Class I: R/V SCUBA divers with 300 dives.
Florida Keys/SE Florida Shelf, SE Florida Shelf, <33 DAS, day operations Aldo Leopold. meter sticks, 30 cm
(SEFSC). m deep. only. rule and digital
camera.
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Caribbean Research Area.
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Caribbean Plankton Recruitment Caribbean and Mexican Bi-annually, Feb or USCG R/V: R/V Gordon Bongo net............ 75 tows
Experiment, (SEFSC). waters. June, 15 DAS, 24 hour Gunter, R/V Nancy MOCNESS.............. 75 tows
operations, anytime Foster. CTD profiler and 75 casts.
day or night. rosette water
sampler.
Caribbean Reef Fish Survey, (SEFSC) PR and USVI, Every two years, Mar- USCG R/V: R/V Pisces, Bandit Reels......... 300 sets.
\1\. continental shelf June, 40 DAS, 24 hour R/V Oregon II. 4-camera array....... 150 deployments.
waters. operations. Chevron traps........ 100 sets.
CTD profiler......... 300 casts.
Simrad ME70 Multi- Continuous.
Beam echosounder. .....................
Acoustic Doppler Continuous.
Current Profiler. .....................
EK60 Multi-frequency Continuous.
single-beam active
acoustics.
Marine Mammal and Ecosystem U.S. Caribbean Sea.... Every three years, USCG R/V: R/V Gordon CTD profiler and 60 casts.
Assessment Survey-C, (SEFSC) \1\. June-Sep, 60 DAS, 24 Gunter. rosette water
hour operations- sampler.
acoustics--anytime
day or night.
Expendable 300 units.
bathythermographs .....................
Acoustic Doppler Continuous.
Current Profiler. .....................
Simrad ME70 Multi- Continuous.
Beam echosounder. .....................
EK60 Multi-frequency Continuous.
single-beam active .....................
acoustics. .....................
Passive acoustic Continuous.
arrays.
SEAMAP-C Reef Fish Survey (PR-DNER, USVI and PR Annually, Jan-Dec,.... USCG Class I & III:.. Camera array--two PR: 120 per coast
USVI-DFW). territorial and (Day operations only). Three chartered GoPro cameras and total of 240.
*Began 2017........................ Federal waters at 15- PR: 70 DAS for each vessels. four lasers set on USVI: 72 per island,
300 ft depths. coast. an aluminum frame. 144 total.
USVI: ~30 DAS.........
SEAMAP-C Lane Snapper Bottom East, west, and south Annually beginning USCG Class III: Two Bottom longline...... 45 sets/season, 180
Longline Survey, (PR-DNER) \1\. coasts of PR in July 2015, (summer, chartered vessels. sets total.
territorial and winter, fall,
Federal waters at spring), 120 DAS (30
depths ranging from days/season), night
15-300 ft. operations only.
SEAMAP-C Yellowtail Snapper Rod-and- East, west, and south Annually beginning USCG Class I & III: Rod-and-reel gear.... 120 stations (360
Reel Survey, (PR-DNER) \1\. coasts of PR in 2014, (4 sampling Three chartered lines total).
territorial and seasons), 120 DAS, vessels.
Federal waters at night operations only.
depths ranging from
15-300 ft.
Caribbean Coral Reef Benthic Federal and Annual to triennial, USCG Class I & II: SCUBA divers with 300 dives.
Survey, (SEFSC). territorial waters May-Oct, 30 DAS, day Small vessel <28 ft. measuring devices
around PR, USVI, and operations only. and hand tools.
Navassa.
Reef Fish Visual Census Survey-- PR and USVI waters Annually, May-Sept, 25 USCG Class I & II: SCUBA divers with 300 dives.
U.S. Caribbean, (SEFSC). <100 ft deep. DAS, day operations Small vessel <24 ft. meter sticks, 30 cm
only. rule and digital
camera.
SEAMAP-C Queen Conch Visual Survey, PR and USVI Annually,............. USCG Class I & III: SCUBA divers, SCUBA PR: 100 dives.
(PR-DNER, USVI-DFW). territorial waters in PR: July-Nov, 35 DAS.. Three chartered gear and underwater USVI: 62 dives.
10-90 ft depths, some USVI: June-Oct, 62 vessels. scooters.
sampling occurs in DAS, day operation
Federal waters. only.
SEAMAP-C Spiny Lobster Post Larvae PR territorial waters Every four years...... USCG Class I & III: Fifty-six modified 6 stations along the
Settlement Surveys, (PR-DNER). in 6-90 ft depths. West cost of PR: Jan- Three chartered Witham pueruli west coast platform
Dec, 84 DAS. vessels. collectors. per depth and
R/V Erdman........... distance from the
shoreline.
[[Page 6587]]
SEAMAP-C Spiny Lobster Artificial PR and USVI Annually,............. USCG Class I & III: Juvenile lobster 10 shelters,
Habitat Survey, (PR-DNER, USVI- territorial waters in PR: Jan-Dec, 84 DAS... Three chartered artificial shelters. continuous
DFW). 6-90 ft depths. USVI: Jan-Dec, 20 DAS, vessels. SCUBA divers, SCUBA deployment.
day operations only. gear and underwater PR: 60 dives.
scooters. USVI: 20 dives.
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\1\ These surveys have the potential to take marine mammals through M/SI and/or Level B harassment.
* Inactive projects are currently not conducted but could resume if funds became available.
Gillnets--A gillnet is a wall of netting that hangs in the water
column, typically made of monofilament or multifilament nylon. Mesh
sizes are designed to allow fish to get only their head through the
netting, but not their body. The fish's gills then get caught in the
mesh as the fish tries to back out of the net. A variety of regulations
and factors determine the mesh size, length, and height of commercial
gillnets, including area fished and target species. Gillnets can be
fished floating or sinking, and stationary or drifting. Set gillnets
are attached to poles fixed in the substrate or an anchor system to
prevent movement of the net (i.e., stationary) while drift gillnets are
free-flowing but kept afloat at the proper depth using a system of
weights and buoys attached to the headrope, footrope, or floatline.
A trammel net is a type of gillnet. However, unlike single wall
gillnets, which will catch a narrow range of fish sizes, a trammel net
is a type of gillnet that will catch a wide variety of fish sizes.
Essentially, a trammel net is three layers of netting tied together on
a common floatline and common leadline. The two outer layers of netting
(known as walls or brails) are constructed out of large mesh netting
(12 in to 18 in square) with a twine size of #9 multifilament nylon or
0.81 millimeter (mm) to 0.90 mm monofilament. The light-weight or fine
netting sandwiched between the two walls is usually small mesh
multifilament or monofilament gill netting. Trammel nets have a large
amount of lightweight gill netting hung in the nets, and fish will be
caught by gilling or by tangling in the excess netting.
Trammel nets are only used by the SCDNR in the ARA. The SCDNR sets
trammel nets in depths of 6 ft or less along a shoreline. Scientists
monitor the immediate area 15 minutes prior to deploying the gear.
Before the net is set, while the net is being deployed, during the
soak, and during haulback, the scientists monitor the net and waters
around the net, maintaining a lookout for protected species. Survey
protocol calls for a short, 10 minute soak time before the net is
hauled.
A total of six survey programs (3 in GOMRA, 3 in ARA) utilize
gillnets to accomplish the SEFSC's research objectives (see Table 1-1
in SEFSC's application). In total, 545 set gillnet deployments and 96
sinking gillnet deployments would be made in the GOMRA, primarily in
bays, sounds, and estuaries. These surveys occur year-round and each
set typically lasts up to 1 hour with the exception of the gillnets
fished in shallow waters (0.2 to 1 m) for the Smalltooth Sawfish
Abundance Survey which can last 1 to 4 hours. In the ARA, 120 drift
gillnet sets would be deployed in rivers and estuaries for the American
Shad Drift Gillnet Survey conducted by the SCDNR.
Trawl nets--A trawl is a funnel-shaped net towed behind a boat to
capture fish. The codend (or bag) is the fine-meshed portion of the net
most distant from the towing vessel where fish and other organisms
larger than the mesh size are retained. In contrast to commercial
fishery operations, which generally use larger mesh to capture
marketable fish, research trawls often use smaller mesh to enable
estimates of the size and age distributions of fish in a particular
area. The body of a trawl net is generally constructed of relatively
coarse mesh that functions to gather schooling fish so that they can be
collected in the codend. The opening of the net, called the mouth, is
extended horizontally by large panels of wide mesh called wings. The
mouth of the net is held open by hydrodynamic force exerted on the
trawl doors attached to the wings of the net. As the net is towed
through the water, the force of the water spreads the trawl doors
horizontally apart. The top of a net is called the headrope, and the
bottom is called the footrope.
The SEFSC uses several types of trawl nets: Aleutian Wing Trawl,
otter trawls, semi-balloon shrimp trawl, mongoose trawl, western jib
shrimp trawls, skimmer trawls, roller frame trawl, and modified beam
trawl. Bottom trawls (e.g., shrimp trawls) are designed to capture
target species at or near the seafloor. Skimmer trawls are used at the
surface. Contrary to skimmer trawls, bottom trawls are not usually
visible after they are deployed because they operate at or near the sea
floor and the optical properties of the water limit the ability to see
the bottom from the surface. Pelagic trawls are designed to operate at
various depths within the water column and are most commonly set at the
surface or mid-water depths. The trawl gear may be constructed and
rigged for various target species and to operate over different types
of bottom surfaces.
Trawls typically used in estuaries include semi-balloon shrimp
trawls (fished near creeks and rivers of Georgia Sound) and miniature
roller-frame trawls (fished at various South Florida estuaries). In
coastal waters, the types of trawls (and operating depths) SEFSC and
partners typically use include modified beam trawls (1-5 ft), otter
trawls (3-360 ft), benthic trawls (up to 7 ft), western jib shrimp
trawls (10-20 ft), and skimmer trawls (7-20 ft). Typical offshore
trawls (and operating depths) include high speed midwater trawls (>
1,600 ft), Aleutian wing trawls (> 1,600 ft), and high-opening bottom
trawls (160 to 1,600 ft).
All trawls have a lazy line attached to the codend. The lazy line
floats free during active trawling, and as the net is hauled back, it
is retrieved with a boat- or grappling-hook to assist in guiding and
emptying the trawl nets. Twisted, three-strand, polypropylene is the
most commonly used type of rope for lazy lines due to cost, strength,
handling, and low specific gravity (0.91), which allows it to float.
Active acoustic devices (described later) incorporated into the
research vessel and the trawl gear monitor the position and status of
the net, speed of the tow, and other variables important to the
research design. Gear details, schematics, and photos associated with
each of these trawl net categories can be found in Table 1-1 of the
SEFSC's application and Appendix A of the SEFSC's Draft PEA.
[[Page 6588]]
For research purposes, the speed and duration of the tow and the
characteristics of the net must be standardized to allow meaningful
comparisons of data collected at different times and locations.
Typically, tow speed ranges from 2-4 knots (kts) while duration can
range from thirty seconds to 3 hours at target depth; however most
trawls last less than 30 minutes. The shorter trawls (30 seconds to 30
minutes) occur in estuaries and coastal waters less than 500 meters in
depth while the longer trawls (1-3 hours) are reserved for offshore,
deepwater research. The only exceptions to this are the BRD Evaluation
Survey designed to test various gear for the shrimp fishery in the Gulf
of Mexico and the SEFSC-South Atlantic (SA) Turtle Exclusion Device
(TED) Evaluation Survey designed to test bycatch reduction devices and
TEDs for commercial fishing vessels in the Atlantic Ocean. A total of
40 paired BRD Evaluation Survey trawls occur annually in May and August
in state and Federal nearshore and offshore waters, including
Mississippi Sound. Each trawl can last up to 2 hours. Fifty paired
SEFSC-SA TED Evaluation Survey trawls occur annually from November
through April in state and Federal waters off Georgia and Florida, and
each trawl can last up to 4 hours.
Bag seines--Bag seines used in the GOMRA during the
Inter[hyphen]jurisdictional Fisheries Act (IJA) Biloxi Bay Seine Survey
and IJA Shoreline Shellfish Bag Seine Survey are 50-60 feet long with 6
ft deep lateral wings (\1/2\ in stretch nylon multifilament mesh) and 6
ft wide central bag. They are both fished by hand with the Biloxi Bay
survey having a 20 minute soak time and the shoreline survey having a
2-3 minute soak time. Bag seines used in the Intraspecific Diversity
Pink Shrimp Survey (also in the GOMRA) are 9 ft long and taper from 50
to 10 in at the closed codend. Bag seines and similar gear are not
considered to pose any risk to protected species because of their small
size, slow deployment speeds, and/or structural details of the gear and
are therefore not subject to specific mitigation measures. However, the
officer on watch and crew monitor for any unusual circumstances that
may arise at a sampling site and use their professional judgment and
discretion to avoid any potential risks to marine mammals during
deployment of all research equipment.
Plankton nets--SEFSC research activities include the use of several
plankton sampling nets that employ very small mesh to sample plankton
from various parts of the water column. Plankton sampling nets usually
consist of fine mesh attached to a weighted frame. The frame spreads
the mouth of the net to cover a known surface area.
1. Bongo nets are used by the SEFSC during various plankton surveys
conducted throughout the three research areas. Bongo nets are also used
to collect additional data during shark and finfish surveys. Bongo nets
consist of two cylindrical nets that come in various diameters and fine
mesh sizes (Figure A-13). The bongo nets are towed through the water at
an oblique angle to sample plankton over a range of depths. During each
plankton tow, the bongo nets are deployed to a depth of approximately
210 m and are then retrieved at a controlled rate so that the volume of
water sampled is uniform across the range of depths. In shallow areas,
the sampling protocol is adjusted to prevent contact between the bongo
nets and the seafloor. A collecting bucket, attached to the end of the
net, is used to contain the plankton sample. When the net is retrieved,
the collecting bucket can be detached and easily transported to a
laboratory. Some bongo nets can be opened and closed using remote
control to enable the collection of samples from particular depth
ranges. A group of depth-specific bongo net samples can be used to
establish the vertical distribution of zooplankton species in the water
column at a site. Bongo nets are generally used to collect zooplankton
for research purposes and are not used for commercial harvest. There
are no documented takes of marine mammals incidental to SEFSC research
using bongo nets.
2. Neuston net--Neuston nets are used to collect zooplankton that
lives in the top few centimeters of the sea surface (the neuston
layer). This specialized net has a rectangular mouth opening (usually 2
or 3 times as wide as deep, i.e. 60 cm by 20 cm). They are generally
towed half submerged at 1-2 kts from the side of the vessel on a boom
to avoid the ship's wake. There are no documented takes of marine
mammals incidental to SEFSC research using bongo nets.
3. Other small nets--The SEFSC also uses Methot juvenile fish nets,
Multiple Opening/Closing Net and Environmental Sensing System
(MOCNESS), and bag seines. A complete description of this gear and
SEFSC operational protocols can be found in Appendix A of the SEFSC's
Draft PEA. There are no documented takes of marine mammals and NMFS
incidental to research using this gear.
Oyster Dredge--Oyster dredges are constructed from a metal frame
with metal chain netting. Along the front edge of the dredge is a long
bar with teeth that are dragged on the seafloor to pick up oysters and
deposit them into the chain mesh netting. The oyster dredge used for
the Mississippi Department of Marine Resource Oyster surveys consists
of a nine-tooth bar about 20 inches wide with teeth 4 in. long and
spaced 2 in. apart. There are no documented takes of marine mammals
incidental to SEFSC research using oyster dredges.
Hook and Line Gear--A variety of SEFSC surveys use hook-and-line
gears to sample fish either in the water column or in benthic
environments. These gear types include baited hooks deployed on
longlines as well as rod-and-reel and bandit gear deployments.
1. Longline--Longlines are basically strings of baited hooks that
are either anchored to the bottom, for targeting groundfish, or are
free-floating, for targeting pelagic species and represent a passive
fishing technique. Pelagic longlines, which notionally fish near the
surface with the use of floats, may be deployed in such a way as to
fish at different depths in the water column. For example, deep-set
longlines targeting tuna may have a target depth of 400 m, while a
shallow-set longline targeting swordfish is set at 30-90 m depth. We
refer here to bottom and pelagic longlines. Any longline generally
consists of a mainline from which leader lines (gangions) with baited
hooks branch off at a specified interval and is left to passively fish,
or soak, for a set period of time before the vessel returns to retrieve
the gear. Longlines are marked by two or more floats that act as visual
markers and may also carry radio beacons; aids to detection are of
particular importance for pelagic longlines, which may drift a
significant distance from the deployment location. Pelagic longlines
are generally composed of various diameter monofilament line and are
generally much longer, and with more hooks, than are bottom longlines.
Bottom longlines may be of monofilament or multifilament natural or
synthetic lines.
Longline vessels fish with baited hooks attached to a mainline (or
groundline). The length of the longline and the number of hooks depend
on the species targeted, the size of the vessel, and the purpose of the
fishing activity. Hooks are attached to the mainline by another thinner
line called a gangion. The length of the gangion and the distance
between gangions depends on the purpose of the fishing activity.
Depending on the fishery, longline gear can be deployed on the seafloor
(bottom longline), in which case weights are
[[Page 6589]]
attached to the mainline, or near the surface of the water (pelagic
longline), in which case buoys are attached to the mainline to provide
flotation and keep the baited hooks suspended in the water.
Target species for pelagic longline surveys conducted by the SEFSC
are pelagic sharks and finfish species. These pelagic longline
protocols have a five-nautical mile mainline with 100 gangions. The
time period between completing deployment and starting retrieval of the
longline gear is referred to as the soak time. Soak time is an
important parameter for calculating fishing effort and is typically
three hours for SEFSC surveys. Short soak times can help reduce
longline interactions with sea turtles and marine mammals. Bottom
longlines used by the SEFSC to survey species in deeper water,
including sablefish, have a one-mile long monofilament mainline that is
anchored on the seafloor with weights at the mid-point and ends. The
line is marked at the surface by radar high flyers.
2. Bandit Reels--Bandit reels are heavy duty fishing reels that are
used for deep sea fishing. These are used by the SEFSC to sample fish
in the nearshore reef inlet and estuary of the St. Lucie River,
Florida. The SEFSC uses a bandit reel with a vertical mainline and 10
gangions that is either deployed from the vessel and marked at the
surface by a buoy or is fished while maintaining an attachment to the
reel. The hook sizes used are 8/0, 11/0, or 15/0 circle hooks with 0
offset.
Traps and pots--Traps and pots are submerged, three-dimensional
devices, often baited, that permit organisms to enter the enclosure but
make escape extremely difficult or impossible. Most traps are attached
by a rope to a buoy on the surface of the water and may be deployed in
series. The trap entrance can be regulated to control the maximum size
of animal that can enter, and the size of the mesh in the body of the
trap can regulate the minimum size that is retained. In general, the
species caught depends on the type and characteristics of the pot or
trap used. The SEFSC uses fyke nets and various types of small traps
and cages.
1. Fyke nets--A fyke net is a fish trap that consists of
cylindrical or cone-shaped netting bags that are mounted on rings or
other rigid structures and fixed on the bottom by anchors, ballast or
stakes (Figure A-19). Fyke traps are often outfitted with wings and/or
leaders to guide fish towards the entrance of the bags. The Fyke nets
used by the SEFSC are constructed with wings that are 18.8 x 9 feet and
bag netting of 700 micron mesh.
2. Chevron traps, shrimp cages, eel traps and throw traps--Chevron
fish traps are wire mesh fish cages that are used to sample fish
populations (Figure A-23). The SEFSC uses several different chevron
fish traps of various dimensions that are baited to attract target
species. Shrimp cages come in various shapes and are constructed of 1-
inch PVC poles that were oriented vertically attached to two fiberglass
hoops and wrapped in 2mm mesh netting. They work by being lowered from
a vessel or shore onto the bottom of the sea floor where they are
baited and left for a certain amount of time and then later retrieved.
The SEFSC uses 16 x 20 x 11 inch eel traps with \1/2\-inch metal mesh.
The openings for the internal funnels are 2 x 3 inches and the trap is
baited with horseshoe crabs and shrimp heads. Throw traps are small
open ended boxes of aluminum with 1 m\2\ walls and a depth of 45 cm.
Research using any of these traps or cages has little to no potential
to result in marine mammal harassment.
Conductivity, temperature, and depth profilers (CTD)--A CTD
profiler measures these parameters and is the primary research tool for
determining chemical and physical properties of seawater. A CTD
profiler may be a fairly small device or it may be deployed with a
variety of other oceanographic sensors and water sampling devices in a
large (1 to 2 meter diameter) metal rosette wheel. The CTD profiler is
lowered through the water column on a cable, and CTD data are collected
either within the device or via a cable connecting to the ship. The
data from a suite of samples collected at different depths are often
called a depth profile, and are plotted with the value of the variable
of interest on the x-axis and the water depth on the y-axis. Depth
profiles for different variables can be compared in order to glean
information about physical, chemical, and biological processes
occurring in the water column.
Remotely Operated Vehicle--The Super Phantom S2 (Figure A-26) is a
powerful, versatile remotely operated vehicle (ROV) with high
reliability and mobility. This light weight system can be deployed by
two operators and is designed as an underwater platform which provides
support services including color video, digital still photography,
navigation instruments, laser scaling device, lights, position
information of the ROV and support ship, vehicle heading, vehicle
depth, and a powered tilt platform. The Mini ROV is used during the
SEFSC Panama City Reef Fish survey to help conduct line surveys and
identify cryptic and rare fish species in the Gulf of Mexico.
Description of Active Acoustic Sound Sources--A wide range of
active acoustic devices are used in SEFSC fisheries surveys for
remotely sensing bathymetric, oceanographic, and biological features of
the environment. Most of these sources involve relatively high
frequency, directional, and brief repeated signals tuned to provide
sufficient focus and resolution on specific objects. SEFSC active
acoustic sources include various echosounders (e.g., multibeam
systems), scientific sonar systems, positional sonars (e.g., net
sounders for determining trawl position), and environmental sensors
(e.g., current profilers). The SEFSC also uses passive listening
sensors (i.e., remotely and passively detecting sound rather than
producing it), which do not have the potential to impact marine
mammals.
Underwater acoustic sources typically used for scientific purposes
operate by creating an oscillatory overpressure through rapid vibration
of a surface, using either electromagnetic forces or the piezoelectric
effect of some materials. A vibratory source based on the piezoelectric
effect is commonly referred to as a transducer. Transducers are usually
designed to excite an acoustic wave of a specific frequency, often in a
highly directive beam, with the directional capability increasing with
operating frequency. The main parameter characterizing directivity is
the beam width, defined as the angle subtended by diametrically
opposite ``half power'' (-3 dB) points of the main lobe. For different
transducers at a single operating frequency, the beam width can vary
from 180 [deg] (almost omnidirectional) to only a few degrees.
Transducers are usually produced with either circular or rectangular
active surfaces. For circular transducers, the beam width in the
horizontal plane (assuming a downward pointing main beam) is equal in
all directions, whereas rectangular transducers produce more complex
beam patterns with variable beam width in the horizontal plane. In
general, the more narrow the beam, the shorter distance to which the
sound propagates.
The types of active sources employed in fisheries acoustic research
and monitoring may be considered in two broad categories here (Category
1 and Category 2), based largely on their respective operating
frequency (i.e., within or outside the known audible range of marine
species) and other output characteristics (e.g., signal duration,
directivity). As described
[[Page 6590]]
below, these operating characteristics result in differing potential
for acoustic impacts on marine mammals.
Before identifying the active acoustic sources used by the SEFSC,
we further describe scientific sonar sound source characteristics here
relevant to our analysis. Specifically, we look at the following two
ways to characterize sound: By its temporal (continuous or
intermittent) and its pulse properties (i.e., impulsive or non-
impulsive). Continuous sounds are those whose sound pressure level
remains above that of the ambient sound, with negligibly small
fluctuations in level (NIOSH, 1998; ANSI, 2005), while intermittent
sounds are defined as sounds with interrupted levels of low or no sound
(NIOSH, 1998).
Sounds can also be characterized as either impulsive or non-
impulsive. Impulsive sounds are typically transient, brief (< 1 sec),
broadband, and consist of a high peak pressure with rapid rise time and
rapid decay (ANSI, 1986; NIOSH, 1998). Impulsive sounds, by definition,
are intermittent. Non-impulsive sounds can be broadband, narrowband or
tonal, brief or prolonged, and typically do not have a high peak sound
pressure with rapid rise/decay time that impulsive sounds do (ANSI
1995; NIOSH 1998). Non-impulsive sounds can be intermittent or
continuous. Scientific sonars, such as the ones used by the SEFSC, are
characterized as intermittent and non-impulsive. Discussion on the
appropriate harassment threshold associated with these types of sources
based on these characteristics can be found in the Estimated Take
section.
Category 1 active fisheries acoustic sources include those with
high output frequencies (>180 kHz) that are outside the known
functional hearing capability of any marine mammal. Example Category 1
sources include short range echosounders and acoustic Doppler current
profilers). These sources also generally have short duration signals
and highly directional beam patterns, meaning that any individual
marine mammal would be unlikely to even detect a signal.
While sounds that are above the functional hearing range of marine
animals may be audible if sufficiently loud (e.g., M[oslash]hl, 1968),
the relative output levels of the sources used by the SEFSC would only
be detectable to marine mammals out to a few meters from the source. If
detected, these sound levels are highly unlikely to be of sufficient
intensity to result in behavioral harassment. Two recent studies (Deng
et al., 2014; Hastie et al., 2014) demonstrate some behavioral reaction
by marine mammals to acoustic signals at frequencies above 180 kHz.
These studies generally indicate only that sub-harmonics could be
detectable by certain species at distances up to several hundred
meters. However, this detectability is in reference to ambient noise,
not any harassment threshold for assessing the potential for Level B
incidental take for these sources. Source levels of the secondary peaks
considered in these studies--those within the hearing range of some
marine mammals--range from 135-166 dB, meaning that these sub-harmonics
would either be below the threshold for behavioral harassment (160 dB)
or would attenuate to such a level within a few meters. Beyond these
important study details, these high-frequency (i.e., Category 1)
sources and any energy they may produce below the primary frequency
that could be audible to marine mammals would be dominated by a few
primary sources that are operated near-continuously, and the potential
range above threshold would be so small as to essentially discount
them. Therefore, Category 1 sources are not expected to have any effect
on marine mammals and are not considered further in this document.
Category 2 acoustic sources, which would be present on many vessels
operating under this rulemaking include a variety of single, dual, and
multi-beam echosounders (many with a variety of modes), sources used to
determine the orientation of trawl nets, and several current profilers
with lower output frequencies than Category 1 sources. Category 2
active acoustic sources have moderate to high output frequencies (10 to
180 kHz) that are generally within the functional hearing range of
marine mammals and therefore have the potential to cause behavioral
harassment. However, while likely potentially audible to certain
species, these sources have generally short ping durations and are
typically highly directional (i.e., narrow beam width) to serve their
intended purpose of mapping specific objects, depths, or environmental
features. These characteristics reduce the likelihood and or spatial
extent of an animal receiving or perceiving the signal. In addition,
sources with relatively lower output frequencies coupled with higher
output levels, can be operated in different output modes (e.g., energy
can be distributed among multiple output beams) which may lessen the
likelihood of perception by and potential impact on marine mammals.
Category 2 active acoustic sources are unlikely to be audible to
whales and most pinnipeds, whereas they may be detected by odontocete
cetaceans and high frequency specialists. Category 2 sources are
described further in detail below because, unlike Category 1 sources,
they have the potential to take a marine mammal by Level B (behavioral)
harassment.
The acoustic system used during a particular survey is optimized
for surveying under specific environmental conditions (e.g., depth and
bottom type). Lower frequencies of sound travel further in the water
than in air but provide lower resolution (i.e., are less precise).
Pulse width and power may also be adjusted in the field to accommodate
a variety of environmental conditions. Signals with a relatively long
pulse width travel further and are received more clearly by the
transducer (i.e., good signal-to-noise ratio) but have a lower range
resolution. Shorter pulses provide higher range resolution and can
detect smaller and more closely spaced objects in the water. Similarly,
higher power settings may decrease the utility of collected data. Power
level is also adjusted according to bottom type, as some bottom types
have a stronger return and require less power to produce data of
sufficient quality. Power is typically set to the lowest level possible
in order to receive a clear return with the best data.
Survey vessels may be equipped with multiple acoustic systems; each
system has different advantages that may be utilized depending on the
specific survey area or purpose. In addition, many systems may be
operated at one of two frequencies or at a range of frequencies.
Characteristics of these sources are summarized in Table 2.
1. Multi-Frequency Narrow Beam Scientific Echosounders (Simrad
EK60)--Echosounders and sonars work by transmitting acoustic pulses
into the water that travel through the water column, reflect off the
seafloor, and return to the receiver. Water depth is measured by
multiplying the time elapsed by the speed of sound in water (assuming
accurate sound speed measurement for the entire signal path), while the
returning signal itself carries information allowing ``visualization''
of the seafloor. Multi-frequency split-beam sensors are deployed from
SEFSC survey vessels to acoustically map the distributions and estimate
the abundances and biomasses of many types of fish; characterize their
biotic and abiotic environments; investigate ecological linkages; and
gather information about their schooling behavior, migration patterns,
and avoidance reactions to the survey vessel. The use of multiple
frequencies allows coverage of a broad range of marine
[[Page 6591]]
acoustic survey activity, ranging from studies of small plankton to
large fish schools in a variety of environments from shallow coastal
waters to deep ocean basins. Simultaneous use of several discrete
echosounder frequencies facilitates accurate estimates of the size of
individual fish and can also be used for species identification based
on differences in frequency-dependent acoustic backscattering between
species. The SEFSC uses devices that transmit and receive at six
frequencies from 18 to 333 kHz.
2. Multibeam Echosounder and Sonars (Simrad ME70, MS70, SX90)--
Multi-beam echosounders and sonars work by transmitting acoustic pulses
into the water then measuring the time required for the pulses to
reflect and return to the receiver and the angle of the reflected
signal. However, the use of multiple acoustic ``beams'' allows coverage
of a greater area compared to single beam sonar. The sensor arrays for
multibeam echosounders and sonars are usually mounted on the keel of
the vessel and have the ability to look horizontally in the water
column as well as straight down. Multibeam echosounders and sonars are
used for mapping seafloor bathymetry, estimating fish biomass,
characterizing fish schools, and studying fish behavior. The multi-beam
echosounders used by the SEFSC emit frequencies in the 70-120 kHz
range.
3. Acoustic Doppler Current Profiler (ADCP)--An ADCP is a type of
sonar used for measuring water current velocities simultaneously at a
range of depths. It can be mounted to a mooring or to the bottom of a
boat. The ADCP works by transmitting ``pings'' of sound at a constant
frequency into the water. As the sound waves travel, they ricochet off
particles suspended in the moving water and reflect back to the
instrument (WHOI 2011). Sound waves bounced back from a particle moving
away from the profiler have a slightly lowered frequency when they
return and particles moving toward the instrument send back higher
frequency waves. The difference in frequency between the waves the
profiler sends out and the waves it receives is called the Doppler
shift. The instrument uses this shift to calculate how fast the
particle and the water around it are moving. Sound waves that hit
particles far from the profiler take longer to come back than waves
that strike close by. By measuring the time it takes for the waves to
return to the sensor and the Doppler shift, the profiler can measure
current speed at many different depths with each series of pings (WHOI
2011).
4. Trawl Monitoring Systems (Simrad ITI)--Trawl monitoring systems
allow continuous monitoring of net dimensions during towing to assess
consistency, maintain quality control, and provide swept area for
biomass calculations. Transponders are typically located in various
positions on the trawl or cables connecting the trawl to the ship. Data
are monitored in real time to make adjustments in ship speed or depth
of trawl to meet survey protocols. This system operates in the 27- 33
kHz range, below the functional hearing range of all marine mammals.
Table 2--Operating Characteristics of SEFSC Active Acoustic Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Effective Effective
Operating Maximum source exposure area: exposure area:
Active acoustic system frequencies level (dB re: Nominal beamwidth Sea surface to Sea surface to
(kHz) 1[micro]Pa @1 m) 200 m depth 160 dB threshold
(km\2\) depth (km\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simrad EK60 narrow beam echosounder........... 18, 38, 70, 224 11 [deg] @18 kHz, 7 [deg] @38 kHz 0.0142 0.1411
120, 200*,
333*
Simrad ME70 multibeam echosounder............. 70-120 205 140 [deg] 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, 7 @200kHz 0.0075 0.008
Simrad ITI Trawl Monitoring System............ 27-33 <200 40 [deg] x 100 [deg] 0.0032 0.0032
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Devices working at this frequency is outside of known marine mammal hearing range and is not considered to have the potential to result in marine
mammal harassment.
SEFSC Vessels Used for Survey Activities
The SEFSC and its research partners use a variety of different
types and sizes of vessels to meet their needs and objectives. Vessels
may be owned and operated by NMFS, owned and operated by the
cooperative partners, or chartered. Vessels vary in size, including,
small fishing vessels (U.S. Coast Guard [USCG] Class A--up to 16 ft.
and Class I--16 to <26 ft.), medium vessels (USCG Class II--26 to <40
ft. and Class III--40 to 65 ft.), USCG Small Research Vessel (R/V) (>65
ft. and <300 gross tons) and USCG Research Vessel (R/V) (>65 ft. and
>300 gross tons). Several Motor Vessels (M/V) >65 feet and USCG
Research Vessels are also chartered and used by partner agencies.
Please see Appendix A of the SEFSC's Draft PEA for detailed information
on all vessels over 65 ft used during fisheries research.
TPWD Gillnet Research
TPWD conducts a long-term standardized fishery-independent
monitoring program to assess the relative abundance and size of finfish
and shellfish in Texas bays. TPWD is mandated by the Texas Legislature
to conduct continuous research and study the supply, economic value,
environment, and breeding habits of the various species of finfish,
shrimp and oysters under Parks and Wildlife Code sections 66.217,
76.302 and 77.004. Results from this program are primarily used by the
agency to manage Texas' marine finfish and shellfish resources. Data
are also available for use by other agencies (e.g., USFWS, Gulf of
Mexico Fishery Management Council, Gulf States Marine Fisheries
Commission, Texas Water Development Board, and Texas Commission on
Environmental Quality), universities, non-governmental organizations,
and the private sector.
The current sampling protocol began in the spring of 1983 for seven
of the ten bay systems; the remaining three bay systems were gradually
added. The number of gill net sets was standardized in 1985. The
monitoring program utilizes a stratified random sample design, with
each bay system as an independent stratum. Gill net sample locations
are randomly selected from grids (1 minute latitude by 1 minute
longitude), with each selected grid further subdivided into 144 5-
second gridlets. Sample sites are then randomly selected from gridlets
containing less than 15.2 m of shoreline.
TPWD utilizes gill nets to conduct fishery-independent modeling on
relative abundance, diversity, and age
[[Page 6592]]
and size distributions of adult and subadult finfish in Texas waters.
Samples collected also provide data for genetic, life history and age
and growth analyses. Statistically, gill nets provide for the lowest
variability and the best fishery-independent measure of adult and
subadult finfish abundance with a low coefficient of variation for most
species requiring a low sample size. Standardized sampling methods have
low operational bias allowing comparison between and among bay systems
and years.
Gill nets are typically set in shallow open bay systems with little
to no tidal movement. In this type of system, long gill net soak times
are needed to catch a statistically-significant number of fish. The
average number of fish caught in the overnight gill net sets is 90 fish
per gill net which equates to 1 fish per 27 ft\2\ or 6.7
0.07 fish per hour (CPUE) of all species per hour. CPUE for two
important recreational species, red drum and spotted seatrout, is 0.97
.02 and 0.68 .01 respectively.
Each gillnet is 183 m (600 ft) long, 1.2 m (3 ft) deep, and
comprised of four 45 m (150 ft) long panels. Each panel is a different
sized mesh: 7.6 cm (3 in.), 10.2 cm (4 in.), 12.7 cm (5 in.), and 15.2
cm (6 in.) to capture different sized fish. Each panel is sewn to the
next panel; therefore, there are no gaps between panels. Currently, the
float line and net mesh are tied together at 8 in. intervals. This
results in a 6-8 in gap between the float line and the mesh when the
net is set. TPWD will modify this design so that the float line and net
mesh are tied together at 4 in. intervals. This will reduce the gap to
approximately one to two inches. This gear modification would also be
done for the lead line to reduce gaps between the lead line and net
mesh. Reducing gaps between the lines and mesh are designed to minimize
the potential of a dolphin getting its pectoral fins or flukes caught
in these gaps.
Gill nets are set perpendicular to the shoreline with the smaller
mesh end (3'' mesh panel) of the net anchored to the shoreline and the
progressively larger mesh (up to 6'' mesh panel) extending baywards for
600 ft. All gill net are set in water depths ranging from 0.0-1.1 m on
the shallow end of the net and from 0.1-4.6 m (0.33 to 15 ft) on the
deep end of the net. However, 86 percent of gill net sets occur at a
deep-end depth of 1.5 m (4 ft) or less. Where depths are greater than 4
ft, the top of the gillnet will be submerged because it is only 3 ft
high. A marker bouy is typically attached to the float line at the
intersection of each mesh panel (150 ft) with sufficant length line to
reach the surface. When setting the net, TPWD pulls it as taut as
possible with one person pulling on the net while the anchor is set.
Gill nets are set overnight during each spring and fall season. The
spring season begins with the second full week in April and extends for
ten weeks. The fall season begins with the second full week in
September and extends for ten weeks. Nets are set within one hour
before sunset and retrieved within 4 hours after the following sunrise.
Soak times vary from approximately 12-14 hours. Gill nets are set
overnight to eliminate day-use disturbances (boaters running the
shoreline) that can alter normal fish behavior and movement patterns,
reduce the amount of disturbance by and to anglers and boaters (user
conflicts), and increase boater safety (reduced likelihood of striking
nets). TPWD sets two to three nets on two separate nights for each of
the 10 bay systems where they fish which are separated by at least 1 km
and usually miles apart. No more than one gill net is set in the same
grid on the same night, nor set more than two times in the same grid in
a season. Fishing effort is evenly distributed between spring and fall
season. Up to 90 sets per area could occur each year the proposed
regulations would be valid. This sampling rate proposed for the next
five years is identical to past sampling efforts.
Description of Marine Mammals in the Area of the Specified Activity
Sections 3 and 4 of the SEFSC's application summarize available
information regarding status and trends, distribution and habitat
preferences, and behavior and life history, of the potentially affected
species. Additional information regarding population trends and threats
may be found in NMFS' Stock Assessment Reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region) and more general information about
these species (e.g., physical and behavioral descriptions) may be found
on NMFS' website (https://www.fisheries.noaa.gov/find-species).
Additional species and stock information can be found in NMFS' Draft
PEA (https://www.fisheries.noaa.gov/node/23111). In some cases, species
are treated as guilds. In general ecological terms, a guild is a group
of species that have similar requirements and play a similar role
within a community. However, for purposes of stock assessment or
abundance prediction, certain species may be treated together as a
guild because they are difficult to distinguish visually and many
observations are ambiguous. For example, NMFS' Atlantic SARs assess
Mesoplodon spp. and Kogia spp. as guilds. Here, we consider pilot
whales, beaked whales (excluding the northern bottlenose whale), and
Kogia spp. as guilds. That is, where not otherwise specified,
references to ``pilot whales'' includes both the long-finned and short-
finned pilot whale, ``beaked whales'' includes the Cuvier's,
Blainville's, Gervais, Sowerby's, and True's beaked whales, and ``Kogia
spp.'' includes both the dwarf and pygmy sperm whale.
Table 3a lists all species (n = 33) with expected potential for
occurrence in ARA, GOMRA, and CRA and summarizes information related to
the population or stock, including regulatory status under the MMPA and
ESA and potential biological removal (PBR), where known. 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 (as described in NMFS' SARs). The use of PBR in this
analysis is described in later detail in the Negligible Impact Analyses
and Determination section. Excluding bottlenose dolphins, species with
potential occurrence in the ARA and GOMRA constitute 56 managed stocks
under the MMPA. Bottlenose dolphins contribute an additional 17 stocks
in the ARA (1 offshore, 5 coastal, and 11 estuarine), 36 stocks in the
GOMRA (1 offshore, 1 continental shelf, 3 coastal, and 31 bays, sounds,
and estuaries (BSE)), and 1 stock in the CRA for a total of 54
bottlenose dolphin stocks. In total, 110 stocks have the potential to
occur in the SEFSC research area.
Species that could occur in a given research area but are not
expected to have the potential for interaction with SEFSC research gear
or that are not likely to be harassed by SEFSC's use of active acoustic
devices are listed here but omitted from further analysis. These
include extralimital species, which are species that do not normally
occur in a given area but for which there are one or more occurrence
records that are considered beyond the normal range of the species.
Extralimital or rarely sighted species within the SEFSC's ARA include
the North Atlantic bottlenose whale (Hyperoodon ampullatus), Bryde's
whale (B. edeni), Atlantic white-sided dolphins (Lagenorhynchus
acutus), white-beaked dolphins (Lagenorhynchus albirostris), Sowerby's
beaked whale (Mesoplodon bidens), harp seal (Pagophilus groenlandicus),
and hooded seal (Cystophora cristata).
[[Page 6593]]
Extralimital or rarely sighted species in the GOMRA include the North
Atlantic right whale (Eubalaena glacialis), blue whale, fin whale (B.
physalus), sei whale, minke whale (B. acutorostrata), humpback whale
(Megaptera novaeangliae), and Sowerby's beaked whale. In the CRA,
extralimital or rarely sighted species include blue whale, fin whale,
sei whale, Bryde's whale, minke whale, harbor seal (Phoca vitulina),
gray seal (Halichoerus grypus), harp seal, and hooded seal. In
addition, Caribbean manatees (Trichechus manatus) may be found in all
three research areas. However, manatees are managed by the U.S. Fish
and Wildlife Service and are not considered further in this document.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. For some species, survey abundance (as compared to
stock or species abundance) is the total number of individuals
estimated within the survey area, which may or may not align completely
with a stock's geographic range as defined in the SARs. These surveys
may also extend beyond U.S. waters.
To provide a background for how estuarine bottlenose dolphin stocks
are identified, we provide the following excerpt from the Bottlenose
Dolphin Stock Structure Research Plan for the Central Northern Gulf of
Mexico (NMFS, 2007) which more specifically describes the stock
structure of bottlenose dolphins within the bays, sounds, and estuaries
of the Gulf of Mexico: The distinct stock status for each of the 31
inshore areas of contiguous, enclosed, or semi-enclosed bodies of
waters is community-based. That is, stock delineation is based on the
finding, through photo-identification (photo-ID) studies, of relatively
discrete dolphin ``communities'' in the few GOM areas that have been
studied (Waring et al. 2007). This finding was then generalized to all
enclosed inshore GOM waters where bottlenose dolphins exist. A
``community'' consists of resident dolphins that regularly share large
portions of their ranges, and interact with each other to a much
greater extent than with dolphins in adjacent waters. The term
emphasizes geographic, and social relationships of dolphins. Bottlenose
dolphin communities do not necessarily constitute closed demographic
populations, as individuals from adjacent communities may interbreed.
All values presented in Table 3a and 3b are the most recent
available at the time of publication and are available in the most
recent SAR for that stock, including draft 2018 SARs (Hayes et al.,
2018) available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports) .
Table 3a--Marine Mammals Potentially Present in the Atlantic, Gulf of Mexico, and Caribbean Research Areas During Fishery Research
--------------------------------------------------------------------------------------------------------------------------------------------------------
Research area ESA status
--------------------------- (L/NL), Stock abundance
Common name Scientific name MMPA stock MMPA (CV, Nmin) \2\ PBR \3\ Annual M/SI
ARA GOM CRA strategic \4\
(Y/N) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Suborder Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae
(rorquals):
North Atlantic right whale Eubalaena Western North X ....... ....... L, Y 451 (0, 445).... 0.9 5.56
glacialis. Atlantic.
Humpback whale............ Megaptera Gulf of Maine \5\ X X X NL, Y 896 (0, 896 )... 14.6 9.8
novaeangliae.
Blue whale................ Balaenoptera Western North X ....... ....... L, Y unk (unk, 440, 0.9 unk
musculus. Atlantic. 2010).
Fin whale................. Balaenoptera Western North X ....... ....... L, Y 1,618 (0.33, 2.5 2.65
physalis. Atlantic. 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 ....... NL,\6\ Y 33 (1.07, 16)... 0.03 0.7
edeni. Mexico.
Sei whale................. Balaenoptera Nova Scotia...... X ....... ....... L, Y 357 (0.52, 236). 0.5 0.6
borealis.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Suborder Odontoceti (toothed whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
Sperm whale............... Physeter North Atlantic... X ....... ....... L, Y 2,288 3.6 0.8
macrocephalus. (0.28,1,815).
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
Islands.
Family Kogiidae:
Pygmy sperm whale......... Kogia breviceps.. Western North X ....... X NL, N 3,785 (0.47, 21 3.5
Atlantic. 2,598) \7\.
Northern Gulf of ....... X ....... NL, N 186 (1.04, 90) 0.9 0.3
Mexico. \8\.
Dwarf sperm whale......... K. sima.......... Western North X ....... X NL, N 3,785 (0.47, 21 3.5
Atlantic. 2,598) \7\.
Northern Gulf of ....... X ....... NL, N 186 (1.04, 90) 0.9 0
Mexico. \8\.
Family Ziphiidae (beaked
whales):
Cuvier's beaked whale..... Ziphius Western North X ....... ....... NL, N 6,532 (0.32, 50 0.4
cavirostris. Atlantic. 5,021).
[[Page 6594]]
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
Islands.
Blainville's beaked whale. Mesoplodon Western North X ....... X NL, N 7,092 (0.54, 46 0.2
densirostris. Atlantic. 4,632) \9\.
Northern Gulf of ....... X ....... NL, N 149 (0.91, 77).. 0.8 0
Mexico.
Gervais' beaked whale..... Mesoplodon Western North X ....... X NL, N 7,092 (0.54, 46 0
europaeus. Atlantic. 4,632) \9\.
Northern Gulf of ....... X ....... NL, N 149 (0.91, 77).. 0.8 0
Mexico.
Sowerby's beaked whale.... Mesoplodon bidens Western North X ....... X NL, N 7,092 (0.54, 46 0
Atlantic. 4,632) \9\.
True's beaked whale....... Mesoplodon mirus. Western North X ....... X NL, N 7,092 (0.54, 46 0
Atlantic. 4,632) \9\.
Family Delphinidae (dolphins):
Melon-headed whales....... Peponocephala Western North X ....... X NL, N unk............. unk 0
electra. Atlantic.
Northern Gulf of ....... X ....... NL, N 2,235 (0.75, 13 0
Mexico. 1,274).
Risso's dolphin........... Grampus griseus.. Western North X ....... X NL, N 18,250 (0.46, 126 49.9
Atlantic. 12,619).
Northern Gulf of ....... X ....... NL, N 2,442 (0.57, 16 7.9
Mexico. 1,563).
Short-finned pilot whales. Globicephala Western North X ....... ....... NL, N 28,924 (0.24, 236 168
macrorhynchus. Atlantic. 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
Islands.
Long-finned pilot whales.. Globicephala Western North X ....... ....... NL, N 5,636 (0.63, 35 27
melas. Atlantic. 3,464).
------------------------------------------------------------------------------------------------------
Bottlenose dolphin........ Tursiops See table 3b.....
truncatus.
------------------------------------------------------------------------------------------------------
Common dolphin............ Delphinus delphis Western North X ....... ....... NL, N 70,184 (0.28, 557 406
Atlantic. 55,690).
Atlantic spotted dolphin.. Stenella Western North X ....... ....... NL, N 44,715 (0.43, 316 0
frontalis. Atlantic. 31,610).
Northern Gulf of ....... X ....... NL, N unk............. unk 42
Mexico.
Puerto Rico and ....... ....... X NL, N unk............. unk unk
U.S. Virgin
Islands.
Pantropical spotted Stenella Western North X ....... X NL, N 3,333 (0.91, 17 0
dolphin. attenuata. Atlantic. 1,733).
Northern Gulf of ....... X ....... ........... 50,880 (0.27, 407 4.4
Mexico. 40,699).
Striped dolphin........... Stenella Western North X ....... X NL, N 54,807 (0.3, 428 0
coeruleoalba. Atlantic. 42,804).
Northern Gulf of ....... X ....... NL, N 1,849 (0.77, 10 0
Mexico. 1,041).
Fraser's dolphin.......... Lagenodelphis Western North X ....... X NL, N unk............. unk 0
hosei. Atlantic.
Gulf of Mexico... ....... X ....... NL, N unk............. undet 0
Rough-toothed dolphin..... Steno bredanensis Western North X ....... X NL, N 136 (1.0, 67)... 0.7 0
Atlantic.
Northern Gulf of ....... X ....... NL, N 624 (0.99, 311). 2.5 0.8
Mexico.
Clymene dolphin........... Stenella clymene. Western North X ....... X NL, N unk............. undet 0
Atlantic.
Northern Gulf of ....... X ....... NL, N 129 (1.0, 64)... 0.6 0
Mexico.
Spinner dolphin........... Stenella Western North X ....... ....... NL, N unk............. unk 0
longirostris. Atlantic.
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
Islands.
Killer whale.............. Orcinus orca..... Western North X ....... X NL, N unk............. unk 0
Atlantic.
Northern Gulf of ....... X ....... NL, N 28 (1.02, 14)... 0.1 0
Mexico.
Pygmy killer whale........ Feresa attenuata. Western North X ....... X NL, N unk............. unk 0
Atlantic.
Northern Gulf of ....... X ....... NL, N 152 (1.02, 75).. 0.8 0
Mexico.
False killer whale........ Pseudorca Western North X ....... X NL, N 442 (1.06, 212). 2.1 unk
crassidens. Atlantic.
Northern Gulf of ....... X ....... NL, N unk............. undet 0
Mexico.
Family Phocoenidae
(porpoises):
[[Page 6595]]
Harbor porpoise........... Phocoena phocoena Gulf of Maine/Bay X ....... ....... NL, N 79,833 (0.32, 706 255
vomerina. of Fundy. 61,415).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless
seals):
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal............... Phoca vitulina Western North X ....... ....... NL, N 75,834 (0.15, 2,006 345
richardii. Atlantic. 66,884).
Gray seal................. Halichoerus Western North X ....... ....... NL, N 27,131 (0.19, 1,389 5,688
grypus. Atlantic. 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 NMFS 2017 SARs. PBR is defined by the MMPA as the maximum number of animals, not
including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable
population. It is the product of minimum population size, one-half the maximum net productivity rate and a recovery factor for endangered, depleted,
threatened stocks, or stocks of unknown status relative to OSP.
\4\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. All
M/SI values are as presented in the 2016 SARs.
\5\ Humpback whales present off the southeastern U.S. are thought to be predominantly from the Gulf of Maine stock; however, could include animals from
Canadian stocks (e.g., Nova Scotia) (NMFS, 2017). Here we provide estimates for the Gulf of Maine stock only as a conservative value.
\6\ The Bryde's whale is proposed for listing under the ESA (81 FR 88639, December 8, 2016). NMFS decision is pending.
\7\ This estimate includes both dwarf and pygmy sperm whales in the N. Atlantic stock.
\8\ This estimate includes both dwarf and pygmy sperm whales in the Gulf of Mexico stock.
\9\ This estimate includes all species of Mesoplodon in the N.Atlantic stock.
Table 3b--Bottlenose Dolphin Stocks Potentially Present in the Atlantic, Gulf of Mexico, and Caribbean Research
Areas During Fishery Research
----------------------------------------------------------------------------------------------------------------
Stock abundance (CV,
Stock MMPA status Nmin) \1\ 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 Strategic........... 823 (0.06, 782) 7.8 0.8-18.2
System.
Southern North Carolina Estuarine Strategic........... unk Undet 0.4-0.6
System.
Northern South Carolina Estuarine Strategic........... unk Undet 0.2
System.
Charleston Estuarine System...... Strategic........... unk Undet unk
Northern Georgia/Southern South Strategic........... unk undet 1.4
Carolina 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
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 2 3
----------------------------------------------------------------------------------------------------------------
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 Strategic........... 55 (0.82, unk) undet 0.2
Antonio Bay, Redfish Bay,
Espirtu Santo Bay.
Matagorda Bay, Tres Palacios Bay, Strategic........... 61 (0.45, unk) undet 0.4
Lavaca Bay.
West Bay......................... Strategic........... 48 (0.03, 46) 0.5 0.2
[[Page 6596]]
Galveston Bay, East Bay, Trinity Strategic........... 152 (0.43, unk) undet 0.4
Bay.
Sabine Lake...................... Strategic........... 0 (-,-) undet 0.2
Calcasieu Lake................... Strategic........... 0 (-,-) undet 0.2
Vermillion Bay, West Cote Blanche Strategic........... 0 (-,-) undet 0
Bay, Atchafalaya Bay.
Terrebonne Bay, Timbalier Bay.... Strategic........... 3,870 (0.15, 3426) 27 0.2
Barataria Bay.................... Strategic........... 2306 (0.09, 2,138) 17 160
Mississippi River Delta.......... Strategic........... 332 (0.93, 170) 1.4 0.2
Mississippi Sound, Lake Borgne, Strategic........... 3,046 (0.06, 2,896) 23 310
Bay Boudreau.
Mobile Bay, Bonsecour Bay........ Strategic........... 122 (0.34, unk) undet 1
Perdido Bay...................... Strategic........... 0 (-,-) undet 0.6
Pensacola Bay, East Bay.......... Strategic........... 33 ( undet unk
Choctawhatchee Bay............... Strategic........... 179 (0.04, unk) undet 0.4
St. Andrews Bay.................. Strategic........... 124 (0.57, unk) undet 0.2
St. Joseph Bay................... Strategic........... 152 (0.08, unk) undet unk
St. Vincent Sound, Apalachicola Strategic........... 439 (0.14,-) undet 0
Bay, St. Georges Sound.
Apalachee Bay.................... Strategic........... 491 (0.39, unk) undet 0
Waccasassa Bay, Withlacoochee Strategic........... unk undet 0
Bay, Crystal Bay.
St. Joseph Sound, Clearwater Strategic........... unk undet 0.4
Harbor.
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 Strategic........... 826 (0.09, -) undet 1.6
Harbor, Gasparilla Sound, Lemon
Bay.
Caloosahatchee River............. Strategic........... 0 (-,-) undet 0.4
Estero Bay....................... Strategic........... unk undet 0.2
Chokoloskee Bay, Ten Thousand Strategic........... unk undet 0
Islands, Gullivan Bay.
Whitewater Bay................... Strategic........... unk undet 0
Florida Keys (Bahia Honda to Key Strategic........... unk undet 0
West).
----------------------------------------------------------------------------------------------------------------
CARRIBEAN RESEARCH AREA
----------------------------------------------------------------------------------------------------------------
Puerto Rico and U.S. Virgin Strategic........... unk undet unk
Islands.
----------------------------------------------------------------------------------------------------------------
\1\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance).
\2\ Details for these 25 stocks are included in the report: Common bottlenose dolphin (Tursiops truncatus
truncatus), Northern Gulf of Mexico Bay, Sound, and Estuary Stocks.
\3\ The total annual human-caused mortality and serious injury for these stocks of common bottlenose dolphins is
unknown because these stocks may interact with unobserved fisheries. Also, for Gulf of Mexico BSE stocks,
mortality estimates for the shrimp trawl fishery are calculated at the state level and have not been included
within mortality estimates for individual BSE stocks. Therefore, minimum counts of human-caused mortality and
serious injury for these stocks are presented.
Take reduction planning--Incidental take of marine mammals in
commercial fisheries has been and continues to be a serious issue in
the Southeast region. In compliance with section 118 of the MMPA, NMFS
has developed and implemented several Take Reduction Plans (TRPs) to
reduce serious injuries and mortality of strategic marine mammal stocks
that interact with certain commercial fisheries. Strategic stocks are
those species listed as threatened or endangered under the ESA, those
species listed as depleted under the MMPA, and those species with
human-caused mortality that exceeds the PBR for the species. The
immediate goal of TRPs is to reduce serious injury and mortality for
each species below PBR within six months of the TRP's implementation.
The long-term goal is to reduce incidental serious injury and mortality
of marine mammals from commercial fishing operations to insignificant
levels approaching a zero serious injury and mortality rate, taking
into account the economics of the fishery, the availability of existing
technology, and existing state or regional fishery management plans.
TRPs relevant to the fisheries research areas in this rule include
the Atlantic Large Whale Take Reduction Plan (ALWTRP), the Bottlenose
Dolphin Take Reduction Plan (BDTRP), and the Pelagic Longline Take
Reduction Plan (PLTRP). The ALWTRP was developed to reduce serious
injury and mortality of North Atlantic right, humpback, fin, and minke
whales from Northeast/Mid-Atlantic lobster trap/pot, Atlantic blue crab
trap/pot, Atlantic mixed species trap/pot, Northeast sink gillnet,
Northeast anchored float gillnet, Northeast drift gillnet, Mid-Atlantic
gillnet, Southeastern U.S. Atlantic shark gillnet, and Southeastern
Atlantic gillnet fisheries (NMFS 2010c). Gear requirements vary by
geographic area and date. Universal gear modification requirements and
restrictions apply to all traps/pots and anchored gillnets, including:
no floating buoy line at the surface; no wet storage of gear (all gear
must be hauled out of the water at least once every 30 days); fishermen
are encouraged, but not required, to maintain knot-free buoy lines; and
all groundlines must be made of sinking line. Additional gear
modification requirements and restrictions vary by location, date, and
gear type. Additional requirements may include the use of weak links,
and gear marking and configuration specifications. Detailed
requirements may be found in the regional guides to gillnet and pot/
trap gear fisheries available at http://www.nero.noaa.gov/Protected/
whaletrp/. The SEFSC MARMAP/SEAMAP-SA Reef Fish Survey (carried out by
the SCDNR) and SEFIS (carried
[[Page 6597]]
out by the SEFSC) surveys meet the requirements necessary to implement
TRP regulations; both surveys abide by all ALWTRP requirements.
In 2006, NMFS implemented the BDTRP to reduce the serious injury
and mortality of Western North Atlantic coastal bottlenose dolphins
incidental to 13 Category I and II U.S. commercial fisheries. In
addition to multiple non-regulatory provisions for research and
education, the BDTRP requires modifications of fishing practices or
gear for small, medium, and large-mesh gillnet fisheries from New York
to Florida, and Virginia pound nets in Virginia state waters (50 CFR
229.35). The BDTRP also established seasonal closures for certain
gillnet commercial fisheries in state waters. The following general
requirements are contained with BDTRP: Spatial/temporal gillnet
restrictions, gear proximity (fishermen must stay within a set distance
of gear), gear modifications for gillnets and Virginia pound nets, non-
regulatory gear modifications for crab pots, and other non-regulatory
conservation measures (71 FR 24776, April 26, 2006; 77 FR 45268, July
31, 2012; and 80 FR 6925, February 9, 2015). Due to substantial
differences between SEFSC research fishing practices (e.g., smaller
gear size, reduced set time, spatial and temporal differences) and
scientific survey methods versus commercial fishing practices, the
SEFSC and research partners do not have any surveys that meet the
requirements necessary to implement BDTRP regulations. However, the
SEFSC would abide by the mitigation, monitoring, and reporting
requirements included in this proposed rule.
The Pelagic Longline Take Reduction Plan (PLTRP) addresses
incidental serious injury and mortality of long-finned and short-finned
pilot whales and Risso's dolphins in commercial pelagic longline
fishing gear in the Atlantic. Regulatory measures include limiting
mainline length to 20 nm or less within the Mid-Atlantic Bight and
posting an informational placard on careful handling and release of
marine mammals in the wheelhouse and on working decks of the vessel
(NMFS 2009). Currently, the SEFSC uses gear that is only 5 nm long and
per the PLTRP, uses the Pelagic Longline Marine Mammal Handling and
Release Guidelines for any pelagic longline sets made within the
Atlantic EEZ.
Unusual Mortality Events (UME)--The marine mammal UME program was
established in 1991. A UME is defined under the MMPA as a stranding
that is unexpected; involves a significant die-off of any marine mammal
population; and demands immediate response. From 1991 to present, there
have been 62 formally recognized UMEs in the U.S., involving a variety
of species and dozens to hundreds of individual marine mammals per
event. Twenty-seven of these UMEs have occurred within SEFSC fisheries
research operating areas (we note 7 of these UMEs were for manatees
managed by the USFWS). For the GOMRA, Litz et al. (2014) provides a
review of historical UMEs in the Gulf of Mexico from 1990 through 2009.
For more information on UMEs, please visit the internet at:
www.nmfs.noaa.gov/pr/health/mmume/events.html.
From 2010 through 2014, NMFS declared a multi-year, multi-cetacean
UME in response to the Deepwater Horizon (DWH) oil spill in the
Northern Gulf of Mexico. The species and temporal and spatial
boundaries included all cetaceans stranded in Alabama, Mississippi, and
Louisiana from March 2010 through July 2014 and all cetaceans other
than bottlenose dolphins stranded in the Florida Panhandle (Franklin
County through Escambia County) from March 2010 through July 2014. The
UME involved 1,141 cetacean strandings in the Northern Gulf of Mexico
(5 percent stranded alive and 95 percent stranded dead).
The Deepwater Horizon Natural Resource Damage Assessment (NRDA)
Trustees' 2016 Final Programmatic Damage Assessment and Restoration
Plan (PDARP) and Final Programmatic Environmental Impact Statement
(PEIS) quantified injuries to marine mammals in the Gulf of Mexico that
were exposed to the oil spill, including bottlenose dolphins in four
bay, sound, and estuary areas: Barataria Bay, the Mississippi River
Delta, Mississippi Sound, and Mobile Bay (NRDA Trustees, 2016; DWH
MMIQT, 2015). Both stocks are estimated to have been reduced
significantly in population size from the DWH oil spill (DWH MMIQT
2015; Schwacke et al. 2017). According to the PDARP, 24 percent of the
Mississippi Sound stock had adverse health effects from DWH oil spill.
Of the pregnant females studied in Barataria Bay and Mississippi Sound
between 2010 and 2014, 19.2 percent gave birth to a viable calf. In
contrast, dolphin populations in Florida and South Carolina have a
pregnancy success rate of 64.7 percent (DWH MMIQT, 2015).
Dolphin and whale species living farther offshore were also
affected. Many of these species are highly susceptible to population
changes because of their low initial population numbers. Thus, it is
unclear how effectively these populations can recover from lower
estimated injuries. For example, Deepwater Horizon oil exposure
resulted in up to an estimated 7-percent decline in the population of
endangered sperm whales, which will require 21 years to recover. For
Bryde's whales, 48 percent of the population was impacted by Deepwater
Horizon oil, resulting in up to an estimated 22-percent decline in
population that will require 69 years to recover. For both nearshore
and offshore populations, injuries were most severe in the years
immediately following the spill. Health assessments on bottlenose
dolphins in BBES and MS Sound have shown that there has been some
improvement post spill, but that there are still persistent injuries
(Smith et al. 2017).
Biologically Important Areas
In 2015, NOAA's Cetacean Density and Distribution Mapping Working
Group identified Biologically Important Areas (BIAs) for 24 cetacean
species, stocks, or populations in seven regions (US East Coast, Gulf
of Mexico, West Coast, Hawaiian Islands, Gulf of Alaska, Aleutian
Islands and Bering Sea, and Arctic) within U.S. waters through an
expert elicitation process. BIAs are reproductive areas, feeding areas,
migratory corridors, and areas in which small and resident populations
are concentrated. BIAs are region-, species-, and time-specific. A
description of the types of BIAs found within the SEFSC's fishery
research areas follows:
Reproductive Areas: Areas and months within which a particular
species or population selectively mates, gives birth, or is found with
neonates or other sensitive age classes.
Feeding Areas: Areas and months within which a particular species
or population selectively feeds. These may either be found consistently
in space and time, or may be associated with ephemeral features that
are less predictable but can be delineated and are generally located
within a larger identifiable area.
Migratory Corridors: Areas and months within which a substantial
portion of a species or population is known to migrate; the corridor is
typically delimited on one or both sides by land or ice.
Small and Resident Population: Areas and months within which small
and resident populations occupying a limited geographic extent exist.
The delineation of BIAs does not have direct or immediate
regulatory consequences. Rather, the BIA assessment is intended to
provide the best available science to help inform regulatory and
management decisions
[[Page 6598]]
under existing authorities about some, though not all, important
cetacean areas in order to minimize the impacts of anthropogenic
activities on cetaceans and to achieve conservation and protection
goals. In addition, the BIAs and associated information may be used to
identify information gaps and prioritize future research and modeling
efforts to better understand cetaceans, their habitat, and ecosystems.
Table 4 provides a list of BIA's found within the SEFSC's fisheries
research areas.
Table 4--Biologically Important Areas Within the ARA and GOMRA
----------------------------------------------------------------------------------------------------------------
BIA name Species BIA type Time of year Size (km2)
----------------------------------------------------------------------------------------------------------------
ATLANTIC RESEARCH AREA
----------------------------------------------------------------------------------------------------------------
Eastern Atlantic................. N. Atlantic right Migration.......... North: March-April; 269,448
whale. South: November-
December.
Southeast Atlantic--Calving...... N. Atlantic right Reproduction....... Mid-Nov-April...... 43,783
whale.
Northern North Carolina Estuarine Bottlenose dolphin. Small and resident. July-October....... 8,199
System--Inland & Coastal.
Northern North Carolina Estuarine Bottlenose dolphin. Small and resident. July-March......... 534
System--Coastal.
Southern North Carolina Estuarine Bottlenose dolphin. Small and resident. July-October....... 783
System.
Prince Inlet, SC; Charleston Bottlenose dolphin. Small and resident. Year-round......... 152
Harbor; North Edisto River.
St. Helena Sound, SC to Ossabaw Bottlenose dolphin. Small and resident. Year-round......... 676
Sound, GA.
Southern Georgia, GA............. Bottlenose dolphin. Small and resident. Year-round......... 411
Jacksonville, FL................. Bottlenose dolphin. Small and resident. Year-round......... 195
Indian River Lagoon Estuarine Bottlenose dolphin. Small and resident. Year-round......... 776
System.
Biscayne Bay, FL................. Bottlenose dolphin. Small and resident. Year-round......... 614
----------------------------------------------------------------------------------------------------------------
GULF OF MEXICO
----------------------------------------------------------------------------------------------------------------
Florida Bay, FL.................. Bottlenose dolphin. Small and resident. Year-round......... 1,527
Lemon Bay, Charlotte Harbor, Pine Bottlenose dolphin. Small and resident. Year-round......... 892
Island Sound, FL.
Sarasota Bay and Little Sarasota Bottlenose dolphin. Small and resident. Year-round......... 117
Bay, FL.
Tampa Bay, FL.................... Bottlenose dolphin. Small and resident. Year-round......... 899
St. Vincent Sound and Bottlenose dolphin. Small and resident. Year-round......... 262
Apalachicola Bay, FL.
St. Joseph Bay, FL............... Bottlenose dolphin. Small and resident. Year-round......... 371
Mississippi Sound, MS............ Bottlenose dolphin. Small and resident. Year-round......... 1,335
Caminada Bay and Barataria Bay, Bottlenose dolphin. Small and resident. Year-round......... 253
LA.
Galveston Bay, TX................ Bottlenose dolphin. Small and resident. Year-round......... 1,222
San Luis Pass, TX................ Bottlenose dolphin. Small and resident. Year-round......... 143
Matagorda Bay and Espiritu Santo Bottlenose dolphin. Small and resident. Year-round......... 740
Bay, TX.
Aransas Pass, TX................. Bottlenose dolphin. Small and resident. Year-round......... 273
Eastern Gulf of Mexico........... Bryde's whale...... Small and resident. Year round......... 23,559
----------------------------------------------------------------------------------------------------------------
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Current data indicate that not all marine
mammal species have equal hearing capabilities (e.g., Richardson et
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect
this, Southall et al. (2007) recommended that marine mammals be divided
into functional hearing groups based on directly measured or estimated
hearing ranges on the basis of available behavioral response data,
audiograms derived using auditory evoked potential techniques,
anatomical modeling, and other data. Note that no direct measurements
of hearing ability have been successfully completed for mysticetes
(i.e., low-frequency cetaceans). Subsequently, NMFS (2016) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65 dB
threshold from the normalized composite audiograms, with the exception
for lower limits for low-frequency cetaceans where the lower bound was
deemed to be biologically implausible and the lower bound from Southall
et al. (2007) retained. The functional groups and the associated
frequencies are indicated below (note that these frequency ranges
correspond to the range for the composite group, with the entire range
not necessarily reflecting the capabilities of every species within
that group):
Low-frequency cetaceans (mysticetes): Generalized hearing
is estimated to occur between approximately 7 Hz and 35 kHz.
Mid-frequency cetaceans (larger toothed whales, beaked
whales, and most delphinids): Generalized hearing is estimated to occur
between approximately 150 Hz and 160 kHz.
[[Page 6599]]
High-frequency cetaceans (porpoises, river dolphins, and
members of the genera Kogia and Cephalorhynchus; including two members
of the genus Lagenorhynchus, on the basis of recent echolocation data
and genetic data): Generalized hearing is estimated to occur between
approximately 275 Hz and 160 kHz.
Pinnipeds in water; Phocidae (true seals): Generalized
hearing is estimated to occur between approximately 50 Hz to 86 kHz.
Pinnipeds in water; Otariidae (eared seals): Generalized
hearing is estimated to occur between 60 Hz and 39 kHz.
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2016) for a review of available information.
Thirty three marine mammal species (31 cetacean and 2 pinniped (both
phocid) species) have the reasonable potential to co-occur with the
proposed survey activities (Table 3a). Of the cetacean species that may
be present, six are classified as low-frequency cetaceans (i.e., all
mysticete species), 24 are classified as mid-frequency cetaceans (i.e.,
all delphinid and ziphiid species and the sperm whale), and 1 is
classified as high-frequency cetaceans (i.e., harbor porpoise and Kogia
spp.).
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
This section includes a summary and discussion of the ways that
components of the specified activity may impact marine mammals and
their habitat. The ``Estimated Take by Incidental Harassment'' section
later in this document includes a quantitative analysis of the number
of individuals that are expected to be taken by this activity. The
``Negligible Impact Analysis and Determination'' section considers the
content of this section, the ``Estimated Take by Incidental
Harassment'' section, and the ``Proposed Mitigation'' section, to draw
conclusions regarding the likely impacts of these activities on the
reproductive success or survivorship of individuals and how those
impacts on individuals are likely to impact marine mammal species or
stocks.
In the following discussion, we consider potential effects to
marine mammals from ship strike, gear interaction (e.g., entanglement
in nets and trawls, accidental hooking) and exposure to active acoustic
fisheries research sources. We also include, where relevant, knowns
takes of marine mammals incidental to previous SEFSC research. These
data come from NMFS' Protected Species Incidental Take (PSIT) database,
a formal incidental take reporting system that documents incidental
takes of protected species by all NMFS Science Centers and partners;
NMFS requires this reporting to be completed within 48 hours of the
occurrence. The PSIT generates automated messages to NMFS staff,
alerting them to the event and to the fact that updated information
describing the circumstances of the event has been entered into the
database.
Ship Strike
Vessel collisions with marine mammals, or ship strikes, can result
in death or serious injury of the animal. Wounds resulting from ship
strike may include massive trauma, hemorrhaging, broken bones, or
propeller lacerations (Knowlton and Kraus, 2001). An animal at the
surface may be struck directly by a vessel, a surfacing animal may hit
the bottom of a vessel, or an animal just below the surface may be cut
by a vessel's propeller. Ship strikes may kill an animal; however, more
superficial strikes may result in injury. Ship strikes generally
involve commercial shipping, which is much more common in both space
and time than is research activity. Jensen and Silber (2004) summarized
ship strikes of large whales worldwide from 1975-2003 and found that
most collisions occurred in the open ocean and involved large vessels
(e.g., commercial shipping). Commercial fishing vessels were
responsible for three percent of recorded collisions, while only one
such incident (0.75 percent) was reported for a research vessel during
that time period.
The severity of injuries typically depends on the size and speed of
the vessel, with the probability of death or serious injury increasing
as vessel speed increases (Knowlton and Kraus, 2001; Laist et al.,
2001; Vanderlaan and Taggart, 2007; Conn and Silber, 2013). Impact
forces increase with speed, as does the probability of a strike at a
given distance (Silber et al., 2010; Gende et al., 2011). Pace and
Silber (2005) found the predicted probability of serious injury or
death increased from 45 to 75 percent as vessel speed increased from 10
to 14 kn, and exceeded ninety percent at 17 kn. Higher speeds during
collisions result in greater force of impact and appear to increase the
chance of severe injuries or death through increased likelihood of
collision by pulling whales toward the vessel (Clyne, 1999; Knowlton et
al., 1995). In a separate study, Vanderlaan and Taggart (2007) analyzed
the probability of lethal mortality of large whales at a given speed,
showing that the greatest rate of change in the probability of a lethal
injury to a large whale as a function of vessel speed occurs between
8.6 and 15 kn. The chances of a lethal injury decline from
approximately eighty percent at 15 kn to approximately twenty percent
at 8.6 kn. At speeds below 11.8 kn, the chances of lethal injury drop
below fifty percent, while the probability asymptotically increases
toward one hundred percent above 15 kn.
In an effort to reduce the number and severity of strikes of the
endangered North Atlantic right whale (Eubalaena glacialis), NMFS
implemented speed restrictions in 2008 (73 FR 60173; October 10, 2008).
These restrictions require that vessels greater than or equal to 65 ft
(19.8 m) in length travel at less than or equal to 10 kn near key port
entrances and in certain areas of right whale aggregation along the
U.S. eastern seaboard. Conn and Silber (2013) estimated that these
restrictions reduced total ship strike mortality risk levels by eighty
to ninety percent.
For vessels used in SEFSC-related research activities, transit
speeds average 10 kn (but vary from 6-14 kn), while vessel speed during
active sampling is typically only 2-4 kn. At sampling speeds, both the
possibility of striking a marine mammal and the possibility of a strike
resulting in serious injury or mortality are discountable. At average
transit speed, the probability of serious injury or mortality resulting
from a strike is less than fifty percent. However, it is possible for
ship strikes to occur while traveling at slow speeds. For example, a
NOAA-chartered survey vessel traveling at low speed (5.5 kn) while
conducting multi-beam mapping surveys off the central California coast
struck and killed a blue whale in 2009. The State of California
determined the whale had suddenly and unexpectedly surfaced beneath the
hull, with the result that the propeller severed the whale's vertebrae,
and that this was an unavoidable event. This strike represents the only
such incident in approximately 540,000 hours of similar coastal mapping
activity (p = 1.9 x 10-\6\; 95% CI = 0-5.5 x
10-\6\; NMFS, 2013). The NOAA vessel Gordon Gunter was
conducting a marine mammal survey cruise off the coast of Savannah,
Georgia in July 2011, when a group of Atlantic spotted dolphin began
bow riding. The animals
[[Page 6600]]
eventually broke off and a dead calf was seen in the ship's wake with a
large gash that was attributed to the propeller. This is the only
documented ship strike by the SEFSC since 2002.
In summary, we anticipate that vessel collisions involving SEFSC
research vessels, while not impossible, represent unlikely,
unpredictable events. Other than the 2009 and 2011 events, no other
ship strikes have been reported from any fisheries research activities
nationally. Given the relatively slow speeds of research vessels, the
presence of bridge crew watching for obstacles at all times (including
marine mammals), the presence of marine mammal observers on some
surveys, and the small number of research cruises, we believe that the
possibility of ship strike is discountable. Further, the implementation
of the North Atlantic ship strike rule protocols will greatly reduce
the potential for interactions with North Atlantic right whales. As
such, no incidental take resulting from ship strike is anticipated nor
is proposed to be authorized; therefore, this potential effect of
research will not be discussed further.
Gear Interaction
The types of research gear used by the SEFSC were described
previously under ``Detailed Description of Activity.'' Here, we broadly
categorize these gears into those which we believe may result in marine
mammal interaction and those which we consider to have an extremely
unlikely potential to result in marine mammal interaction. Gears with
the potential for marine mammal interaction include trawl nets (e.g.,
bottom trawls, skimmer trawls), gillnets, and hook and line gear (i.e.,
longlines). Gears such as fyke nets, eel traps, ROVs, etc. do not have
the potential for marine mammal interaction either due to small size of
gear and fishing methods, and therefore do not have the potential for
injury or harassment.
Entanglement in Nets, Trawls, or Longlines--Gillnets, trawl nets,
and longlines deployed by the SEFSC are similar to gear used in various
commercial fisheries which have a history of taking marine mammals.
Read et al. (2006) estimated marine mammal bycatch in U.S. fisheries
from 1990-99 and derived an estimate of global marine mammal bycatch by
expanding U.S. bycatch estimates using data on fleet composition from
the United Nations Food and Agriculture Organization (FAO). Most U.S.
bycatch for both cetaceans (84 percent) and pinnipeds (98 percent)
occurred in gillnets. However, global marine mammal bycatch in trawl
nets and longlines is likely substantial given that total global
bycatch is thought to number in the hundreds of thousands of
individuals (Read et al., 2006). In addition, global bycatch via
longline has likely increased, as longlines have become the most common
method of capturing swordfish and tuna since the United Nations banned
the use of high seas driftnets over 2.5 km long in 1991 (high seas
driftnets were previously often 40-60 km long) (Read, 2008; FAO, 2001).
Gear interactions can result in injury or death for the animal(s)
involved and/or damage to fishing gear. Coastal animals, including
various pinnipeds, bottlenose dolphins, and harbor porpoises, are
perhaps the most vulnerable to these interactions and set or passive
fishing gear (e.g., gillnets, traps) are the most likely to be
interacted with (e.g., Beverton, 1985; Barlow et al., 1994; Read et
al., 2006; Byrd et al., 2014; Lewison et al., 2014). Although
interactions are less common for use of trawl nets and longlines, they
do occur with sufficient frequency to necessitate the establishment of
required mitigation measures for multiple U.S. fisheries using both
types of gear (NMFS, 2014). It is likely that no species of marine
mammal can be definitively excluded from the potential for interaction
with fishing gear (e.g., Northridge, 1984); however, the extent of
interactions is likely dependent on the biology, ecology, and behavior
of the species involved and the type, location, and nature of the
fishery.
As described above, since 2002, NMFS Science Centers have been
documenting and recording all fishery research related incidental takes
of marine mammals in PSIT database. There is also a documented take on
record from 2001. We present all takes documented by the SEFSC in Table
5.
Table 5--SEFSC Research Gear Interactions With Marine Mammals Since 2001
--------------------------------------------------------------------------------------------------------------------------------------------------------
# Killed # Released
Survey name (lead organization) Species taken (stock) Gear type Date taken \1\ alive \2\ Total taken
--------------------------------------------------------------------------------------------------------------------------------------------------------
ATLANTIC RESEARCH AREA
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEFSC In-Water Sea Turtle Research Bottlenose dolphin Bottom trawl.............. 20 July 2016.............. 1 0 1
(SCDNR \3\). (South Carolina/
Georgia coastal).
SEAMAP-SA Coastal Trawl Bottlenose dolphin Bottom trawl.............. 11 April 2014............. 1 0 1
Survey_Spring (SCDNR). (Northern Florida
coastal).
SEAMAP-SA Coastal Trawl Bottlenose dolphin Bottom trawl.............. 2 Aug 2012................ 1 0 1
Survey_Summer (SCDNR). (South Carolina/
Georgia coastal).
In-Water Sea Turtle Trawl Survey Bottlenose dolphin Bottom trawl.............. 11 July 2012.............. 0 1 1
(SCDNR). (South Carolina/
Georgia coastal).
SEAMAP-SA Coastal Trawl Bottlenose dolphin Bottom trawl.............. 5 October 2006............ 1 0 1
Survey_Fall (SCDNR). (southern migratory).
SEAMAP-SA Coastal Trawl Bottlenose dolphin Bottom trawl.............. 28 July 2006.............. 1 0 1
Survey_Summer (SCDNR). (South Carolina/
Georgia coastal).
RecFIN Red Drum Trammel Net Survey Bottlenose dolphin Trammel net............... 22 August 2002............ 2 0 2
(SCDNR). (Charleston
Estuarine System).
In-Water Sea Turtle Trawl Survey Bottlenose dolphin Bottom Trawl.............. 2001 \3\.................. 0 1 1
(SCDNR). (unk).
---------------------------------------------------------------------------------------------------------------------
ARA TOTAL..................... ..................... .......................... .......................... 7 2 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
GULF OF MEXICO RESEARCH AREA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico Shark Pupping and Bottlenose dolphin Gillnet................... 03 July 2018.............. 0 1 1
Nursery GULFSPAN (SEFSC). (Sarasota Bay).
Gulf of Mexico Shark Pupping and Bottlenose dolphin Gillnet................... 15 July 2016.............. 1 0 1
Nursery GULFSPAN (USA/DISL \2\). (northern Gulf of
Mexico).
Skimmer Trawl TED Testing (SEFSC). Bottlenose dolphin Skimmer trawl............. 1 October 2014............ 1 0 1
(MS Sound, Lake
Borgne, Bay
Boudreau).
Skimmer Trawl TED Testing (SEFSC). Bottlenose dolphin Skimmer trawl............. 23 October 2013........... 0 1 1
(MS Sound, Lake
Borgne, Bay
Boudreau).
[[Page 6601]]
SEAMAP-GOM Bottom Longline Survey Bottlenose dolphin Bottom longline........... 6 August 2013............. 0 1 (SI) 1
(ADCNR \3\). (Mobile Bay,
Bonsecour Bay).
Gulf of Mexico Shark Pupping and Bottlenose dolphin Gillnet................... 18 April 2011............. 1 0 1
Nursery GULFSPAN (USA/DISL). (MS Sound, Lake
Borgne, Bay
Boudreau).
---------------------------------------------------------------------------------------------------------------------
GOMRA TOTAL................... ..................... .......................... .......................... 3 3 6
---------------------------------------------------------------------------------------------------------------------
TOTAL ALL AREAS \3\....... ..................... .......................... .......................... 10 5 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ If there was question over an animal's fate after it was released (e.g., it was struggling to breath/swim), it was considered ``killed''. Serious
injury determinations were not previously made for animals released alive but are now part of standard protocols for released animals and will be
reported in stock assessment reports.
\2\ Animals released alive but were considered seriously injured as marked as SI.
\3\ This take occurred prior to development of the PSIT database but we include it here because it is documented.
\4\There have been no SEFSC fishery research-related takes of marine mammals in the CRA.
Gillnets--According to the PSIT database, there are five documented
takes of marine mammals (2 ARA, 3 GOMRA) incidental to SEFSC gillnet
fishery research since 2002. On August 22, 2002, two bottlenose
dolphins belonging to the Charleston Estuarine System stock became
entangled in a trammel net (a type of gillnet) during the RecFIN Red
Drum Trammel Net survey. One animal died before biologists could
untangle it. The second animal was disentangled and released but it was
listless; and, when freed, it sank and no subsequent resurface or
breath was observed. Both animals were documented as a mortality. On
April 18, 2013, a single bottlenose dolphin calf became entangled
during the Gulf of Mexico Shark Pupping and Nursery (GULFSPAN) survey.
On July 15, 2016, the lead line of a gillnet used for the same survey
became wrapped around the fluke of an adult bottlenose dolphin. Both
animals were considered part of the Northern Gulf of Mexico coastal
stock and documented as taken by mortality. Most recently, on July 3,
3018, a dolphin from the Sarasota Bay stock was entangled in a GULFSPAN
survey gillnet. Researchers were attending the net when the dolphin
became entangled and were able to respond immediately. All gear was
removed from the animal, no injuries were observed, and the dolphin was
observed breathing multiple times after release.
TPWD also has a history of taking bottlenose dolphins during
gillnet fisheries research. In 35 years of TPWD gill net sampling
(1983-2017), and with over 26,067 gillnet sets, there have been 32 to
35 dolphin entangled in the net (range is due to possible double
counting incidents or two animals being entangled at the same time but
logged as one incident during early years of reporting). According to
the incident reports submitted to NMFS, 7 encounters (comprising eight
animals) resulted in mortality, 2 were serious injury, 14 animals were
released alive, and the condition of 10 animals was recorded as
unknown.
Commercial gillnet fisheries are also implicated in taking marine
mammals. In the ARA, the mid-Atlantic gillnet fishery has the highest
documented level of mortality of coastal morphotype common bottlenose
dolphins. The sink gillnet gear in North Carolina is the largest
component in terms of fishing effort and observed takes (Waring et al.
2015). The SEFSC does not use sink gillnets in the ARA. The North
Carolina Division of Marine Fisheries (NCDMF) has operated systematic
coverage of the fall (September-December) flounder gillnet fishery
(greater 5 in. mesh) in Pamlico Sound. In May 2010, NCDMF expanded the
observer coverage to include gillnet effort using nets greater than 4
in. mesh in most internal state waters and throughout the year, with a
goal of 7-10 percent coverage. No bycatch of bottlenose dolphins has
been recorded by state observers, although stranding data continue to
indicate interactions with this fishery occur. One gillnet take has
also occurred in commercial fishing off a Florida's east coast in March
2015 (eastern coastal stock); the animal was released alive but
considered seriously injured. In the GOMRA, no marine mammal
mortalities associated with commercial gillnet fisheries have been
reported or observed despite observer coverage on commercial fishing
vessels in Alabama, Mississippi, and Louisiana since 2012 (Waring et
al. 2016).
Trawl nets--As described previously, trawl nets are towed nets
(i.e., active fishing) consisting of a cone-shaped net with a codend or
bag for collecting the fish and can be designed to fish at the bottom,
surface, or any other depth in the water column. Trawls are categorized
as bottom, skimmer or mid-water trawls based on where they are towed in
the water column. Trawl nets have the potential to capture or entangle
marine mammals. The likelihood of an animal being caught in a skimmer
trawl is less than a bottom trawl because the gear can be observed
directly; the SEFSC research permit 20339 authorizing research on sea
turtles contains monitoring and mitigation measures related to marine
mammals during skimmer trawling.
Globally, at least seventeen cetacean species are known to feed in
association with trawlers and individuals of at least 25 species are
documented to have been killed by trawl nets, including several large
whales, porpoises, and a variety of delphinids (Young and Iudicello,
2007; Karpouzli and Leaper, 2004; Hall et al., 2000; Fertl and
Leatherwood, 1997; Northridge, 1991; Song et al., 2010). Fertl and
Leatherwood (1997) provide a comprehensive overview of marine mammal-
trawl interactions, including foraging behavior and considerations
regarding entanglement risks. Capture or entanglement may occur
whenever marine mammals are swimming near the gear, intentionally
(e.g., foraging) or unintentionally (e.g., migrating), and any animal
captured in a net is at significant risk of drowning unless quickly
freed. Animals can also be captured or entangled in netting or tow
lines (also called lazy lines) other than the main body of the net;
animals may become entangled around the head, body, flukes, pectoral
fins, or dorsal fin.
Interaction that does not result in the immediate death of the
animal by drowning can cause injury (i.e., Level A harassment) or
serious injury. Constricting lines wrapped around the animal can
immobilize the animal or injure by cutting into or through blubber,
muscles and bone (i.e., penetrating injuries) or constricting blood
flow to or severing appendages. Immobilization of the animal can cause
internal injuries from prolonged stress and/or severe struggling and/or
impede the animal's ability to feed (resulting in starvation or reduced
fitness) (Andersen et al., 2008).
[[Page 6602]]
As described in the Description of Specific Activity section, all
trawls have lazy lines. For otter trawls, conventional lazy lines are
attached at their forward end to the top/back edge of the inside trawl
door closest to the vessel and at their aft end to either a ``choker
strap'' that consists of a line looped around the forward portion of
the codend or a ring in the ``elephant ear,'' which is a triangle of
reinforced webbing sewn to the codend. Both ``choker straps'' and
``elephant ears'' act as lifting straps to bring the codend onboard the
vessel. The length of the lazy line is dependent on trawl size with
conventional lazy lines having sufficient length to allow the codend of
the trawl to be hauled to the side of the vessel after trawls have been
retrieved. The lazy line is routed through a block and wound around a
capstan to lift the codend to the side of the boat where the catch can
be easily emptied on deck. During active commercial trawling, the lazy
line is long enough to form a 10-12 ft loop behind the codend. When
traditional polypropylene rope is used, this loop floats even with or
slightly above and behind the codend. It is in this loop section where
many lazy line dolphin interactions have been observed.
Lazy lines are most commonly made from polypropylene. Because
polypropylene is manufactured in a manner that produces soft lay rope,
it is limber and can be dropped in a pile. This property lends to the
potential risk of half hitching around bottlenose dolphin flukes when
they interact with the line. In addition, polypropylene rope does not
absorb water or lose strength when wet and becomes prickly to the touch
as it ages, which may contribute to bottlenose dolphin rubbing
behavior.
When interacting with lazy lines, bottlenose dolphins are often
observed rubbing, corkscrewing, or biting the aft portion of the line
ahead of the point of attachment on the trawl (Greenman 2012). Although
reasons for these behaviors are poorly understood, this type of
interaction poses an entanglement threat. When corkscrewing on the lazy
line, animals run the risk of the line wrapping around their fluke in a
half-hitch preventing escapement. Soldevilla et al. (2016) provided
bottlenose dolphin bycatch estimates for the Gulf of Mexico (GOM)
shrimp otter trawl fishery for 2012-2014. The study found interactions
with lazy lines represented the most common mode of entanglement
observed.
The SEFSC Harvesting Systems Unit (HSU) has conducted limited
research examining the potential use of lazy lines constructed of
alternative materials. In 2007, the HSU conducted preliminary diver
assisted trials with polydac and polyester hard lay ropes as a
replacement for traditional polypropylene. Polydac rope is a blend of
polyester and polypropylene. Compared to polypropylene, polydac rope
has similar properties including negligible water absorption and
ultraviolet (UV) light resistance. However, polydac may be constructed
with a harder lay than traditional polypropylene rope, which prevents
it from knotting easily. Divers found the polydac and polyester lines
to be significantly stiffer and less pliable underwater than the
conventional polypropylene lines. When towed, divers noted that the
polypropylene rope was positively buoyant and arced upward, while
polydac and polyester ropes were negatively buoyant and arced downward.
The 2007 diver evaluations were followed by sea trial evaluations
of five different types of rope made from polypropylene, polyethylene,
or nylon as lazy lines in a standard twin-rigged shrimp trawl
configuration (Hataway 2008). The study utilized a Dual-Frequency
Identification Sonar (DIDSON) to image bottlenose dolphins interacting
with the lazy lines. Dolphin behaviors observed during the study
included; rubbing, sliding down, and pulling the lazy line. No
statistical analyses were conducted, but researchers noted that no
differences in the frequency or types of interactions observed were
apparent between line types.
In the estuary and coastal waters, dolphins are attracted to and
are consistently present during fishery research trawls. Dolphins are
known to attend operating nets in order to either benefit from
disturbance of the bottom or to prey on discards or fish within the
net. Researchers have also identified that holes in trawl nets from
dolphins are typically located in net pockets where fish congregate.
Pelagic trawls have the potential to capture cetaceans because the nets
may be towed at faster speeds. These trawls are more likely to target
species that are important prey for marine mammals (e.g., squid,
mackerel), and the likelihood of working in deeper waters means that a
more diverse assemblage of species could potentially be present (Hall
et al., 2000).
According to the PSIT database, there are nine documented takes of
marine mammals (7 ARA, 2 GOMRA) incidental to SEFSC trawl-based fishery
research since 2002; all are bottlenose dolphins. In the ARA, all
animals were taken in a bottom trawl while skimmer trawls were
implicated in takes in the GOMRA. Six of the animals were dead upon net
retrieval and two animals were released alive and determined not be
serious injury. In 2001, a dolphin was caught in a bottom trawl during
SCDNR's sea turtle research survey. Information regarding this take are
sparse (date and location are unknown) but the animal was released
alive. On July 28, 2006, and again later that year on October 5,
bottlenose dolphins belonging to South Carolina/Georgia coastal and
southern migratory coastal stock, respectively, was found dead in a
bottom trawl net used during the fall Southeast Area Monitoring and
Assessment Program (SEAMAP) SA Coastal Trawl survey. Both animals were
taken back to partner labs for necropsy. On July 11, 2012, a bottlenose
dolphin belonging to the South Carolina/Georgia coastal stock was also
caught in a bottom trawl net during the In-Water Sea Turtle Research
survey. The net was immediately retrieved and the animal was released
alive, breathing without difficulty and swiftly swimming away. On
August 2, 2012 a bottlenose dolphin also belonging to the South
Carolina/Georgia coastal stock was captured in the trawl net during the
summer SEAMAP-SA Coastal Trawl survey. The animal was dead upon net
retrieval. Most recently, on July 20, 2016, a bottlenose dolphin
belonging to the South Carolina/Georgia coastal stock was taken in a
bottom trawl during the In-Water Sea Turtle Research survey. Upon net
retrieval, a suspected juvenile bottlenose dolphin, approximately 6
feet in length, was observed in the starboard codend of the trawl net.
Although the animal was released alive, it was listless and not
actively swimming when returned to the water. Therefore, the event was
documented as a take by mortality.
In the GOMRA, a bottlenose dolphin belonging to the Mississippi
Sound, Lake Borge, Bay Boudreau stock was captured in a skimmer trawl
on October 23, 2013, during the SEFSC Skimmer Trawl TED Testing survey.
The animal was observed breathing at the surface in the trawl upon
retrieval of tailbag. To free the animal, the researchers redeployed
the bag and slowed the vessel, allowing the animal to swim away
unharmed. On October 1, 2014, a bottlenose dolphin belonging to the
same stock was taken during the same survey. The animal was dead upon
net retrieval.
In November 2010, NMFS elevated the Southeast Atlantic shrimp trawl
fishery from a Category II to Category III fishing. From May through
December 2010, Greenman et al. (2013) investigated interactions between
the South Carolina shrimping fleet and
[[Page 6603]]
bottlenose dolphins. Methods included fishery-independent (SCNDR
fisheries research surveys) and fishery-dependent onboard observations,
a shrimper survey, and stranding record research. The authors found
that of the 385 tows observed, dolphins were present 45 percent of the
time (173 tows). Of these tows, dolphins were present 12 percent of the
time at set-out and 44 percent of the time during haul back. According
to the shrimper survey, most fishermen report dolphins rubbing bodies
on the net or biting or tugging on nets or lines. However, 39 of the 44
fishermen surveyed reported a dolphin has never become entangled in the
net while 38 of the 44 fishermen reported a dolphin has never become
entangled in the lazy line.
Hook and Line--Marine mammals may be hooked or entangled in
longline gear, with interactions potentially resulting in death due to
drowning, strangulation, severing of carotid arteries or the esophagus,
infection, an inability to evade predators, or starvation due to an
inability to catch prey (Hofmeyr et al., 2002), although it is more
likely that animals will survive being hooked if they are able to reach
the surface to breathe. Injuries, which may include serious injury,
include lacerations and puncture wounds. Animals may attempt to
depredate either bait or catch, with subsequent hooking, or may become
accidentally entangled. As described for trawls, entanglement can lead
to constricting lines wrapped around the animals and/or immobilization,
and even if entangling materials are removed the wounds caused may
continue to weaken the animal or allow further infection (Hofmeyr et
al., 2002).
Large whales may become entangled in a longline and then break free
with a portion of gear trailing, resulting in alteration of swimming
energetics due to drag and ultimate loss of fitness and potential
mortality (Andersen et al., 2008). Weight of the gear can cause
entangling lines to further constrict and further injure the animal.
Hooking injuries and ingested gear are most common in small cetaceans
and pinnipeds but have been observed in large cetaceans (e.g., sperm
whales). The severity of the injury depends on the species, whether
ingested gear includes hooks, whether the gear works its way into the
gastrointestinal (GI) tract, whether the gear penetrates the GI lining,
and the location of the hooking (e.g., embedded in the animal's stomach
or other internal body parts) (Andersen et al., 2008).
Bottom longlines pose less of a threat to marine mammals due to
their deployment on the ocean bottom but can still result in
entanglement in buoy lines or hooking as the line is either deployed or
retrieved. The rate of interaction between longline fisheries and
marine mammals depends on the degree of overlap between longline effort
and species distribution, hook style and size, type of bait and target
catch, and fishing practices (such as setting/hauling during the day or
at night).
Rod and reel gear carry less potential for marine mammal
interaction, but the use of baited hooks in the presence of inquisitive
marine mammals carries some risk. However, the small amount of hook and
line operations in relation to longline operations and the lack of
extended, unattended soak times mean that use of rod and reel is much
less likely to result in marine mammal interactions for pelagic
species. However, bottlenose dolphins are known to interact with
commercial and recreational rod and reel fishermen. The SEFSC rod and
reel fishing would implement various mitigation measures including
consistent monitoring and pulling lines from water should marine
mammals, especially bottlenose dolphins, be at risk of interaction.
Therefore, we find a reduced potential for interaction from SEFSC rod
and reel surveys than compared to commercial and recreational fishing.
Many species of cetaceans and pinnipeds are documented to have been
killed by longlines, including several large whales, porpoises, a
variety of delphinids, seals, and sea lions (Perez, 2006; Young and
Iudicello, 2007; Northridge, 1984, 1991; Wickens, 1995). Generally,
direct interaction between longlines and marine mammals (both cetaceans
and pinnipeds) has been recorded wherever longline fishing and animals
co-occur. A lack of recorded interactions where animals are known to be
present may indicate simply that longlining is absent or an
insignificant component of fisheries in that region or that
interactions were not observed, recorded, or reported.
In evaluating risk relative to a specific fishery (or research
survey), one must consider the length of the line and number of hooks
deployed as well as frequency, timing, and location of deployment.
These considerations inform determinations of whether interaction with
marine mammals is likely. As with other gear and fishing practice
comparisons to those involved in commercial fisheries, the longlines
used by the SEFSC are shorter and are not set as long.
According to the PSIT database, one bottlenose dolphin belonging to
the Mobile Bay, Bonsecour Bay stock was taken incidental to longline
fisheries research. On August 6, 2013, while retrieving bottom longline
gear during the SEAMAP-GOM Bottom Longline survey, a dolphin was caught
by a circle hook during a longline research survey. After less than 60
seconds, the animal broke free from the gear and swam away vigorously,
but the hook and approximately 2 m of trailing line remained attached
to the animal. As such, the incident was documented as a serious
injury. While a lack of repeated historical interaction does not in and
of itself indicate that future interactions are unlikely, we believe
that the historical record, considered in context with the frequency
and timing of these activities, as well as mitigation measures employed
indicate that future marine mammal interactions with these gears would
be uncommon but not totally unexpected.
Other research gear--All other gear used in SEFSC fisheries
research (e.g., a variety of plankton nets, eel and chevron traps,
CTDs, ROVs) do not have the expected potential for marine mammal
interactions and are not known to have been involved in any marine
mammal interaction. Specifically, we consider very small nets (e.g.,
bongo and nueston nets), CTDs, ROVs, and vertically deployed or towed
imaging systems to be no-impact gear types.
Unlike trawl nets, gillents, and hook and line gear, which are used
in both scientific research and commercial fishing applications, the
gear and equipment discussed here are not considered similar or
analogous to any commercial fishing gear and are not designed to
capture any commercially salable species, or to collect any sort of
sample in large quantities. They do not have the potential to take
marine mammals primarily because of their design, size, or how they are
deployed. For example, CTDs are typically deployed in a vertical cast
on a cable and have no loose lines or other entanglement hazards. A
bongo net is typically deployed on a cable, whereas neuston nets (these
may be plankton nets or small trawls) are often deployed in the upper
one meter of the water column; either net type has very small size
(e.g., two bongo nets of 0.5 m\2\ each or a neuston net of
approximately 2 m\2\) and no trailing lines. Due to lack of potential
to result in harassment to marine mammals, these other gear types are
not considered further in this document.
Potential Effects of Underwater Sound--Anthropogenic sounds cover a
broad range of frequencies and sound levels and can have a range of
highly variable impacts on marine life, from
[[Page 6604]]
none or minor to potentially severe responses, depending on received
levels, duration of exposure, behavioral context, and various other
factors. The potential effects of underwater sound from active acoustic
sources can potentially result in one or more of the following:
Temporary or permanent hearing impairment, non-auditory physical or
physiological effects, behavioral disturbance, stress, and masking
(Richardson et al., 1995; Gordon et al., 2004; Nowacek et al., 2007;
Southall et al., 2007; G[ouml]tz et al., 2009). The degree of effect is
intrinsically related to the signal characteristics, received level,
distance from the source, duration of the sound exposure, and context
in which the signal is received.
When considering the potential for a marine mammal to be harassed
by a sound-generating source, we consider multiple signal
characteristics, including, but not limited to, sound type (e.g.,
impulsive vs. non-impulsive; continuous vs. intermittent), frequency
(expressed as hertz (Hz) or kilohertz (kHz), and source levels
(expressed as decibels (dB)). A sound pressure level (SPL) in dB is
described as the ratio between a measured pressure and a reference
pressure (for underwater sound, this is 1 microPascal [[mu]Pa]).
Typically SPLs are expressed as root mean square (rms) values which is
the quadratic mean sound pressure over the duration of an impulse or
sound exposure levels (SEL; represented as dB re 1 [mu]Pa\2\-s) which
represents the total energy contained within a pulse, and considers
both intensity and duration of exposure.
The SEFSC would not use acoustic sources with spectral
characteristics resembling non-impulsive, continuous noise (e.g.,
drilling). For impulsive sounds, peak sound pressure levels (PK) also
provide an indication of potential harassment. We also consider other
source characteristics when assessing potential effects such as
directionality and beam width of fishery sonar equipment such as the
ones involved here.
As described above, category 1 sources (those operating above
180kHz), are determined to have essentially no probability of being
detected by or resulting in any potential adverse impacts on marine
species. This conclusion is based on the fact that operating
frequencies are above the known hearing capabilities of any marine
species (as described above). Although sounds that are above the
functional hearing range of marine animals may be audible if
sufficiently loud (e.g., see M[oslash]hl, 1968), the relative output
levels of these sources and the levels that would likely be required
for animals to detect them would be on the order of a few meters. The
probability for injury or disturbance from these sources is
discountable; therefore, no take is proposed to be authorized by
Category 1 sources.
Auditory Thresholds Shifts
NMFS defines threshold shift (TS) as ``a change, usually an
increase, in the threshold of audibility at a specified frequency or
portion of an individual's hearing range above a previously established
reference level'' (NMFS, 2016). Threshold shift can be permanent (PTS)
or temporary (TTS). As described in NMFS (2016), there are numerous
factors to consider when examining the consequence of TS, including,
but not limited to, the signal temporal pattern (e.g., impulsive or
non-impulsive), likelihood an individual would be exposed for a long
enough duration or to a high enough level to induce a TS, the magnitude
of the TS, time to recovery (seconds to minutes or hours to days), the
frequency range of the exposure (i.e., spectral content), the hearing
and vocalization frequency range of the exposed species relative to the
signal's frequency spectrum (i.e., how animal uses sound within the
frequency band of the signal; e.g., Kastelein et al. 2014b), and their
overlap (e.g., spatial, temporal, and spectral).
Permanent Threshold Shift
NMFS defines PTS as ``a permanent, irreversible increase in the
threshold of audibility at a specified frequency or portion of an
individual's hearing range above a previously established reference
level'' (NMFS, 2016). It is the permanent elevation in hearing
threshold resulting from irreparable damage to structures of the inner
ear (e.g., sensory hair cells, cochlea) or central auditory system
(ANSI, 1995; Ketten 2000). Available data from humans and other
terrestrial mammals indicate that a measured 40 dB threshold shift
approximates PTS onset (see Ward et al. 1958; Ward et al. 1959; Kryter
et al. 1966; Miller 1974; Henderson et al. 2008). Unlike TTS, NMFS
considers PTS auditory injury and therefore constitutes Level A
harassment, as defined in the MMPA.
With the exception of a single study unintentionally inducing PTS
in a harbor seal (Kastak et al., 2008), there are no empirical data
measuring PTS in marine mammals largely due to the fact that, for
various ethical reasons, experiments involving anthropogenic noise
exposure at levels inducing PTS are not typically pursued or authorized
(NMFS, 2016). As described in the SWFSC and NWFSC proposed rules for
incidental take of marine mammals incidental to fisheries research and
the SEFSC's application, the potential for PTS is extremely low given
the high frequency and directionality of the active acoustic sources
used during fisheries research. Because the frequency ranges of all
sources are outside the hearing range of baleen whales (with the
exception of the 18 kHz mode of the Simrad EK60), we do not anticipate
PTS to occur for mysticetes. Any potential PTS for mid-frequency and
high-frequency cetaceans is also very low given the cone of highest
received levels is centered under the ship because, while echosounders
may transmit at high sound pressure levels, the very short duration of
their pulses and their high spatial selectivity make them unlikely to
cause damage to marine mammal auditory systems (Lurton and DeRuiter,
2011). Natural avoidance responses by animals to the proximity of the
vessel at these extremely close ranges would likely further reduce
their probability of being exposed to these levels.
Temporary Threshold Shift
NMFS defines TTS as ``a temporary, reversible increase in the
threshold of audibility at a specified frequency or portion of an
individual's hearing range above a previously established reference
level'' (NMFS, 2016). A TTS of 6 dB is considered the minimum threshold
shift clearly larger than any day-to-day or session-to-session
variation in a subject's normal hearing ability (Schlundt et al., 2000;
Finneran et al., 2000; Finneran et al. 2002, as reviewed in Southall et
al., 2007 for a review)). TTS can last from minutes or hours to days
(i.e., there is recovery), occur in specific frequency ranges (i.e., an
animal might only have a temporary loss of hearing sensitivity between
the frequencies of 1 and 10 kHz)), and can be of varying amounts (for
example, an animal's hearing sensitivity might be temporarily reduced
by only 6 dB or reduced by 30 dB). Currently, TTS measurements exist
for only four species of cetaceans (bottlenose dolphins, belugas,
harbor porpoises, and Yangtze finless porpoise) and three species of
pinnipeds (Northern elephant seal, harbor seal, and California sea
lion). These TTS measurements are from a limited number of individuals
within these species.
Depending on the degree (elevation of threshold in dB), duration
(i.e., recovery time), and frequency range of TTS, and the context in
which it is experienced, TTS can have effects on marine mammals ranging
from discountable to
[[Page 6605]]
serious (similar to those discussed in auditory masking, below). For
example, a marine mammal may be able to readily compensate for a brief,
relatively small amount of TTS in a non-critical frequency range that
takes place during a time when the animal is traveling through the open
ocean, where ambient noise is lower and there are not as many competing
sounds present. Alternatively, a larger amount and longer duration of
TTS sustained during time when communication is critical for successful
mother/calf interactions could have more serious impacts. We note that
reduced hearing sensitivity as a simple function of aging has been
observed in marine mammals, as well as humans and other taxa (Southall
et al., 2007), so we can infer that strategies exist for coping with
this condition to some degree, though likely not without cost.
As described previously (see Description of Active Acoustic Sound
Sources), the SEFSC proposes to use various active acoustic sources,
including echosounders (e.g., multibeam systems), scientific sonar
systems, positional sonars (e.g., net sounders for determining trawl
position), and environmental sensors (e.g., current profilers). These
acoustic sources are not as powerful as many typically investigated
acoustic sources (e.g., seismic airguns, low- and mid-frequency active
sonar used for military purposes) which produce signals that are either
much lower frequency and/or higher total energy (considering output
sound levels and signal duration) than the high-frequency mapping and
fish-finding systems used by the SEFSC. There has been relatively
little attention given to the potential impacts of high-frequency sonar
systems on marine life, largely because their combination of high
output frequency and relatively low output power means that such
systems are less likely to impact many marine species. However, some
marine mammals do hear and produce sounds within the frequency range
used by these sources and ambient noise is much lower at high
frequencies, increasing the probability of signal detection relative to
other sounds in the environment.
As noted above, relatively high levels of sound are likely required
to cause TTS in marine mammals. However, there may be increased
sensitivity to TTS for certain species generally (harbor porpoise;
Lucke et al., 2009) or specifically at higher sound exposure
frequencies, which correspond to a species' best hearing range (20 kHz
vs. 3 kHz for bottlenose dolphins; Finneran and Schlundt, 2010). Based
on discussion provided by Southall et al. (2007), Lurton and DeRuiter
(2011) modeled the potential impacts of conventional echosounders on
marine mammals, estimating TTS onset at typical distances of 10-100 m
for the kinds of sources considered here. Kremser et al. (2005) modeled
the potential for TTS in blue, sperm, and beaked whales (please see
Kremser et al. (2005) for discussion of assumptions regarding TTS onset
in these species) from a multibeam echosounder, finding similarly that
TTS would likely only occur at very close ranges to the hull of the
vessel. The authors estimated ship movement at 12 kn (faster than SEFSC
vessels would typically move), which would result in an underestimate
of the potential for TTS to occur. But the modeled system (Hydrosweep)
operates at lower frequencies and with a wider beam pattern than do
typical SEFSC systems, which would result in a likely more significant
overestimate of TTS potential. The results of both studies emphasize
that these effects would very likely only occur in the cone ensonified
below the ship and that animal responses to the vessel (sound or
physical presence) at these extremely close ranges would very likely
influence their probability of being exposed to these levels. At the
same distances, but to the side of the vessel, animals would not be
exposed to these levels, greatly decreasing the potential for an animal
to be exposed to the most intense signals. For example, Kremser et al.
(2005) note that SPLs outside the vertical lobe, or beam, decrease
rapidly with distance, such that SPLs within the horizontal lobes are
about 20 dB less than the value found in the center of the beam. For
certain species (i.e., odontocete cetaceans and especially harbor
porpoises), these ranges may be somewhat greater based on more recent
data (Lucke et al., 2009; Finneran and Schlundt, 2010) but are likely
still on the order of hundreds of meters. In addition, potential
behavioral responses further reduce the already low likelihood that an
animal may approach close enough for any type of hearing loss to occur.
Various other studies have evaluated the environmental risk posed
by use of specific scientific sonar systems. Burkhardt et al. (2007)
considered the Simrad EK60, which is used by the SEFSC, and concluded
that direct injury (i.e., sound energy causes direct tissue damage) and
indirect injury (i.e., self-damaging behavior as response to acoustic
exposure) would be unlikely given source and operational use (i.e.,
vessel movement) characteristics, and that any behavioral responses
would be unlikely to be significant. Similarly, Boebel et al. (2006)
considered the Hydrosweep system in relation to the risk for direct or
indirect injury, concluding that (1) risk of TTS (please see Boebel et
al. (2006) for assumptions regarding TTS onset) would be less than two
percent of the risk of ship strike and (2) risk of behaviorally-induced
damage would be essentially nil due to differences in source
characteristics between scientific sonars and sources typically
associated with stranding events (e.g., mid-frequency active sonar, but
see discussion of the 2008 Madagascar stranding event below). It should
be noted that the risk of direct injury may be greater when a vessel
operates sources while on station (i.e., stationary), as there is a
greater chance for an animal to receive the signal when the vessel is
not moving.
Boebel et al. (2005) report the results of a workshop in which a
structured, qualitative risk analysis of a range of acoustic technology
was undertaken, specific to use of such technology in the Antarctic.
The authors assessed a single-beam echosounder commonly used for
collecting bathymetric data (12 kHz, 232 dB, 10[deg] beam width), an
array of single-beam echosounders used for mapping krill (38, 70, 120,
and 200 kHz; 230 dB; 7[deg] beam width), and a multibeam echosounder
(30 kHz, 236 dB, 150[deg] x 1[deg] swath width). For each source, the
authors produced a matrix displaying the severity of potential
consequences (on a six-point scale) against the likelihood of
occurrence for a given degree of severity. For the former two systems,
the authors determined on the basis of the volume of water potentially
affected by the system and comparisons between its output and available
TTS data that the chance of TTS only exists in a small volume
immediately under the transducers, and that consequences of level four
and above were inconceivable, whereas level one consequences
(``Individuals show no response, or only a temporary (minutes) behavior
change'') would be expected in almost all instances. Some minor
displacement of animals in the immediate vicinity of the ship may
occur. For the multibeam echosounder, Boebel et al. (2005) note that
the high output and broad width of the swath abeam of the vessel makes
displacement of animals more likely. However, the fore and aft
beamwidth is small and the pulse length very short, so the risk of
ensonification above TTS levels is still considered quite small and the
likelihood of auditory or other injuries low. In general, the authors
reached the
[[Page 6606]]
same conclusions described for the single-beam systems but note that
more severe impacts--including fatalities resulting from herding of
sensitive species in narrow sea ways--are at least possible (i.e., may
occur in exceptional circumstances). However, the probability of
herding remains low not just because of the rarity of the necessary
confluence of species, bathymetry, and likely other factors, but
because the restricted beam shape makes it unlikely that an animal
would be exposed more than briefly during the passage of the vessel
(Boebel et al., 2005). More recently, Lurton (2016) conducted a
modeling exercise and concluded similarly that likely potential for
acoustic injury from these types of systems is negligible, but that
behavioral response cannot be ruled out.
Characteristics of the sound sources used by SEFSC reduce the
likelihood of effects to marine mammals, as well as the intensity of
effect assuming that an animal perceives the signal. Intermittent
exposures--as would occur due to the brief, transient signals produced
by these sources--require a higher cumulative SEL to induce TTS than
would continuous exposures of the same duration (i.e., intermittent
exposure results in lower levels of TTS) (Mooney et al., 2009a;
Finneran et al., 2010). In addition, animals recover from intermittent
exposures faster in comparison to continuous exposures of the same
duration (Finneran et al., 2010). Although echosounder pulses are, in
general, emitted rapidly, they are not dissimilar to odontocete
echolocation click trains. Research indicates that marine mammals
generally have extremely fine auditory temporal resolution and can
detect each signal separately (e.g., Au et al., 1988; Dolphin et al.,
1995; Supin and Popov, 1995; Mooney et al., 2009b), especially for
species with echolocation capabilities. Therefore, it is likely that
marine mammals would indeed perceive echosounder signals as being
intermittent.
We conclude that, on the basis of available information on hearing
and potential auditory effects in marine mammals, high-frequency
cetacean species would be the most likely to potentially incur
temporary hearing loss from a vessel operating high-frequency fishery
research sonar sources, and the potential for PTS to occur for any
species is so unlikely as to be discountable. Even for high-frequency
cetacean species, individuals would have to make a very close approach
and also remain very close to vessels operating these sources in order
to receive multiple exposures at relatively high levels, as would be
necessary to cause TTS. Additionally, given that behavioral responses
typically include the temporary avoidance that might be expected (see
below), the potential for auditory effects considered physiological
damage (injury) is considered extremely low in relation to realistic
operations of these devices. Given the fact that fisheries research
survey vessels are moving, the likelihood that animals may avoid the
vessel to some extent based on either its physical presence or due to
aversive sound (vessel or active acoustic sources), and the
intermittent nature of many of these sources, the potential for TTS is
probably low for high-frequency cetaceans and very low to zero for
other species.
Behavioral Effects on Marine Mammals
Category 2 active acoustic sources are likely to be audible to some
marine mammal species. Among the marine mammals, most of these sources
are unlikely to be audible to whales and most pinnipeds, whereas they
may be detected by odontocete cetaceans (and particularly high
frequency specialists such as harbor porpoise). Richardson et al.
(1995) described zones of increasing intensity of effect that might be
expected to occur, in relation to distance from a source and assuming
that the signal is within an animal's hearing range. First is the area
within which the acoustic signal would be audible (potentially
perceived) to the animal but not strong enough to elicit any overt
behavioral or physiological response. The next zone corresponds with
the area where the signal is audible to the animal and of sufficient
intensity to elicit behavioral or physiological responses. Third is a
zone within which, for signals of high intensity, the received level is
sufficient to potentially cause discomfort or tissue damage to auditory
or other systems. Overlaying these zones to a certain extent is the
area within which masking (i.e., when a sound interferes with or masks
the ability of an animal to detect a signal of interest that is above
the absolute hearing threshold) may occur; the masking zone may be
highly variable in size.
Behavioral disturbance may include a variety of effects, including
subtle changes in behavior (e.g., minor or brief avoidance of an area
or changes in vocalizations), more conspicuous changes in similar
behavioral activities, and more sustained and/or potentially severe
reactions, such as displacement from or abandonment of high-quality
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic
factors (e.g., species, state of maturity, experience, current
activity, reproductive state, auditory sensitivity, time of day), as
well as the interplay between factors (e.g., Richardson et al., 1995;
Wartzok et al., 2003; Southall et al., 2007; Weilgart, 2007; Archer et
al., 2010). Behavioral reactions can vary not only among individuals
but also within an individual, depending on previous experience with a
sound source, context, and numerous other factors (Ellison et al.,
2012), and can vary depending on characteristics associated with the
sound source (e.g., whether it is moving or stationary, number of
sources, distance from the source).
Habituation can occur when an animal's response to a stimulus wanes
with repeated exposure, usually in the absence of unpleasant associated
events (Wartzok et al., 2003). Animals are most likely to habituate to
sounds that are predictable and unvarying. It is important to note that
habituation is appropriately considered as a ``progressive reduction in
response to stimuli that are perceived as neither aversive nor
beneficial,'' rather than as, more generally, moderation in response to
human disturbance (Bejder et al., 2009). The opposite process is
sensitization, when an unpleasant experience leads to subsequent
responses, often in the form of avoidance, at a lower level of
exposure. As noted, behavioral state may affect the type of response.
For example, animals that are resting may show greater behavioral
change in response to disturbing sound levels than animals that are
highly motivated to remain in an area for feeding (Richardson et al.,
1995; NRC, 2003; Wartzok et al., 2003). Controlled experiments with
captive marine mammals have showed pronounced behavioral reactions,
including avoidance of loud sound sources (Ridgway et al., 1997;
Finneran et al., 2003). Observed responses of wild marine mammals to
loud pulsed sound sources (typically seismic airguns or acoustic
harassment devices) have been varied but often consist of avoidance
behavior or other behavioral changes suggesting discomfort (Morton and
Symonds, 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
Available studies show wide variation in response to underwater
sound; therefore, it is difficult to predict specifically how any given
sound in a particular instance might affect marine mammals perceiving
the signal. If a marine mammal does react briefly to an underwater
sound by changing its behavior or moving a small distance, the
[[Page 6607]]
impacts of the change are unlikely to be significant to the individual,
let alone the stock or population. However, if a sound source displaces
marine mammals from an important feeding or breeding area for a
prolonged period, impacts on individuals and populations could be
significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007; NRC,
2005). However, there are broad categories of potential response, which
we describe in greater detail here, that include alteration of dive
behavior, alteration of foraging behavior, effects to breathing,
interference with or alteration of vocalization, avoidance, and flight.
Changes in dive behavior can vary widely and may consist of
increased or decreased dive times and surface intervals as well as
changes in the rates of ascent and descent during a dive (e.g., Frankel
and Clark, 2000; Costa et al., 2003; Ng and Leung, 2003; Nowacek et
al.; 2004; Goldbogen et al., 2013a, b). Variations in dive behavior may
reflect interruptions in biologically significant activities (e.g.,
foraging) or they may be of little biological significance. The impact
of an alteration to dive behavior resulting from an acoustic exposure
depends on what the animal is doing at the time of the exposure and the
type and magnitude of the response.
Disruption of feeding behavior can be difficult to correlate with
anthropogenic sound exposure, so it is usually inferred by observed
displacement from known foraging areas, the appearance of secondary
indicators (e.g., bubble nets or sediment plumes), or changes in dive
behavior. As for other types of behavioral response, the frequency,
duration, and temporal pattern of signal presentation, as well as
differences in species sensitivity, are likely contributing factors to
differences in response in any given circumstance (e.g., Croll et al.,
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al.,
2007). A determination of whether foraging disruptions incur fitness
consequences would require information on or estimates of the energetic
requirements of the affected individuals and the relationship between
prey availability, foraging effort and success, and the life history
stage of the animal.
Variations in respiration naturally vary with different behaviors
and alterations to breathing rate as a function of acoustic exposure
can be expected to co-occur with other behavioral reactions, such as a
flight response or an alteration in diving. However, respiration rates
in and of themselves may be representative of annoyance or an acute
stress response. Various studies have shown that respiration rates may
either be unaffected or could increase, depending on the species and
signal characteristics, again highlighting the importance in
understanding species differences in the tolerance of underwater noise
when determining the potential for impacts resulting from anthropogenic
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et
al., 2007).
Marine mammals vocalize for different purposes and across multiple
modes, such as whistling, echolocation click production, calling, and
singing. Changes in vocalization behavior in response to anthropogenic
noise can occur for any of these modes and may result from a need to
compete with an increase in background noise or may reflect increased
vigilance or a startle response. For example, in the presence of
potentially masking signals, humpback whales and killer whales have
been observed to increase the length of their songs (Miller et al.,
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales
have been observed to shift the frequency content of their calls upward
while reducing the rate of calling in areas of increased anthropogenic
noise (Parks et al., 2007b). In some cases, animals may cease sound
production during production of aversive signals (Bowles et al., 1994).
Avoidance is the displacement of an individual from an area or
migration path as a result of the presence of a sound or other
stressors, and is one of the most obvious manifestations of disturbance
in marine mammals (Richardson et al., 1995). For example, gray whales
are known to change direction--deflecting from customary migratory
paths--in order to avoid noise from seismic surveys (Malme et al.,
1984). Avoidance may be short-term, with animals returning to the area
once the noise has ceased (e.g., Bowles et al., 1994; Goold, 1996;
Morton and Symonds, 2002; Gailey et al., 2007). Longer-term
displacement is possible, however, which may lead to changes in
abundance or distribution patterns of the affected species in the
affected region if habituation to the presence of the sound does not
occur (e.g., Blackwell et al., 2004; Bejder et al., 2006; Teilmann et
al., 2006).
A flight response is a dramatic change in normal movement to a
directed and rapid movement away from the perceived location of a sound
source. The flight response differs from other avoidance responses in
the intensity of the response (e.g., directed movement, rate of
travel). Relatively little information on flight responses of marine
mammals to anthropogenic signals exist, although observations of flight
responses to the presence of predators have occurred (Connor and
Heithaus, 1996). The result of a flight response could range from
brief, temporary exertion and displacement from the area where the
signal provokes flight to, in extreme cases, marine mammal strandings
(Evans and England, 2001). However, it should be noted that response to
a perceived predator does not necessarily invoke flight (Ford and
Reeves, 2008), and whether individuals are solitary or in groups may
influence the response.
Behavioral disturbance can also impact marine mammals in more
subtle ways. Increased vigilance may result in costs related to
diversion of focus and attention (i.e., when a response consists of
increased vigilance, it may come at the cost of decreased attention to
other critical behaviors such as foraging or resting). These effects
have generally not been demonstrated for marine mammals, but studies
involving fish and terrestrial animals have shown that increased
vigilance may substantially reduce feeding rates (e.g., Beauchamp and
Livoreil, 1997; Fritz et al., 2002; Purser and Radford, 2011). In
addition, chronic disturbance can cause population declines through
reduction of fitness (e.g., decline in body condition) and subsequent
reduction in reproductive success, survival, or both (e.g., Harrington
and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998). However,
Ridgway et al. (2006) reported that increased vigilance in bottlenose
dolphins exposed to sound over a five-day period did not cause any
sleep deprivation or stress effects.
Many animals perform vital functions, such as feeding, resting,
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption
of such functions resulting from reactions to stressors such as sound
exposure are more likely to be significant if they last more than one
diel cycle or recur on subsequent days (Southall et al., 2007).
Consequently, a behavioral response lasting less than one day and not
recurring on subsequent days is not considered particularly severe
unless it could directly affect reproduction or survival (Southall et
al., 2007). Note that there is a difference between multi-day
substantive behavioral reactions and multi-day anthropogenic
activities. For example, just because an activity lasts for multiple
days does not necessarily mean that individual animals are either
exposed to activity-related stressors for multiple days or, further,
exposed in a manner resulting in sustained multi-day substantive
behavioral responses.
[[Page 6608]]
Few experiments have been conducted to explicitly test for
potential effects of echosounders on the behavior of wild cetaceans.
Quick et al. (2017) describe an experimental approach to assess
potential changes in short-finned pilot whale behavior during exposure
to an echosounder (Simrad EK60 operated at 38 kHz, which is commonly
used by SESC). In 2011, digital acoustic recording tags (DTAG) were
attached to pilot whales off of North Carolina, with five of the nine
tagged whales exposed to signals from the echosounder over a period of
eight days and four treated as control animals. DTAGS record both
received levels of noise as well as orientation of the animal. Results
did not show an overt response to the echosounder or a change to
foraging behavior of tagged whales, but the whales did increase heading
variance during exposure. The authors suggest that this response was
not a directed avoidance response but was more likely a vigilance
response, with animals maintaining awareness of the location of the
echosounder through increased changes in heading variance (Quick et
al., 2017). Visual observations of behavior did not indicate any
dramatic response, unusual behaviors, or changes in heading, and
cessation of biologically important behavior such as feeding was not
observed. These less overt responses to sound exposure are difficult to
detect by visual observation, but may have important consequences if
the exposure does interfere with biologically important behavior.
We considered behavioral data from these species when assessing the
potential for take (see Estimated Take section). There are few studies
that obtained detailed beaked whale behavioral data in response to
echosounders (e.g., Quick et al. (2016), Cholewiak et al. (2017)) as
more effort has been focused on mid-frequency active sonar (e.g., Cox
et al. (2006), Tyack et al. (2006, 2011). In 2013, passive acoustic
monitoring of beaked whales in the Atlantic Ocean occurred during and
in absence of prey studies using an EK60 echosounder (Cholewiak et al.,
2017). There was a significant reduction of acoustic detections during
echosounder use; indicating beaked whales may have moved out of the
detection range, initiated directed movement away from the ship, the
animals remained in the area but temporarily suspend foraging activity.
The authors also noted that due to some potential outliers in the data,
the analysis may not be sensitive enough to fully evaluate the
relationship between beaked whale sightings and echosounder use. Beaked
whales have also not consistently been observed to elicit behaviors
across species or source type. For example, Cuvier's beaked whales have
strongly avoided playbacks of mid-frequency active sonar at distances
of 10 km but reacted much less severely to naval sonar operating 118 km
away, despite similar RLs (DeRuiter et al. 2013).
Based on the available data, NMFS anticipates beaked whales and
harbor porpoise are more likely to respond in a manner that may rise to
the level of take to SEFSC acoustic sources. However, the method by
which take is quantified in this proposed rule is conservative (e.g.,
simplified, conservative Level B harassment area to the 160dB isopleth,
conservative amount of time surveys may occur) and adequately accounts
for the number of individuals which may be taken. We also note harbor
porpoise occur as far south as North Carolina in the ARA during winter
months (January through March) and do not inhabit the GOMRA or CRA.
Therefore, the potential for harassment from scientific sonar used by
the SEFSC is unlikely outside of the January through March timeframe
off of North Carolina constituting a very small subset of space and
time when considering all three research areas and research effort.
More information on take estimate methodology is found in the Estimated
Take section.
Stress responses--An animal's perception of a threat may be
sufficient to trigger stress responses consisting of some combination
of behavioral responses, autonomic nervous system responses,
neuroendocrine responses, or immune responses (e.g., Seyle, 1950;
Moberg, 2000). In many cases, an animal's first and sometimes most
economical (in terms of energetic costs) response is behavioral
avoidance of the potential stressor. Autonomic nervous system responses
to stress typically involve changes in heart rate, blood pressure, and
gastrointestinal activity. These responses have a relatively short
duration and may or may not have a significant long-term effect on an
animal's fitness.
Neuroendocrine stress responses often involve the hypothalamus-
pituitary-adrenal system. Virtually all neuroendocrine functions that
are affected by stress--including immune competence, reproduction,
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been
implicated in failed reproduction, altered metabolism, reduced immune
competence, and behavioral disturbance (e.g., Moberg, 1987; Blecha,
2000). Increases in the circulation of glucocorticoids are also equated
with stress (Romano et al., 2004).
The primary distinction between stress (which is adaptive and does
not normally place an animal at risk) and ``distress'' is the cost of
the response. During a stress response, an animal uses glycogen stores
that can be quickly replenished once the stress is alleviated. In such
circumstances, the cost of the stress response would not pose serious
fitness consequences. However, when an animal does not have sufficient
energy reserves to satisfy the energetic costs of a stress response,
energy resources must be diverted from other functions. This state of
distress will last until the animal replenishes its energetic reserves
sufficient to restore normal function.
Relationships between these physiological mechanisms, animal
behavior, and the costs of stress responses are well-studied through
controlled experiments and for both laboratory and free-ranging animals
(e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003;
Krausman et al., 2004; Lankford et al., 2005). Stress responses due to
exposure to anthropogenic sounds or other stressors and their effects
on marine mammals have also been reviewed (Fair and Becker, 2000;
Romano et al., 2002b) and, more rarely, studied in wild populations
(e.g., Romano et al., 2002a). For example, Rolland et al. (2012) found
that noise reduction from reduced ship traffic in the Bay of Fundy was
associated with decreased stress in North Atlantic right whales. These
and other studies lead to a reasonable expectation that some marine
mammals will experience physiological stress responses upon exposure to
acoustic stressors and that it is possible that some of these would be
classified as ``distress.'' In addition, any animal experiencing TTS
would likely also experience stress responses (NRC, 2003).
Auditory masking--Sound can disrupt behavior through masking, or
interfering with, an animal's ability to detect, recognize, or
discriminate between acoustic signals of interest (e.g., those used for
intraspecific communication and social interactions, prey detection,
predator avoidance, navigation) (Richardson et al., 1995; Erbe et al.,
2016). Masking occurs when the receipt of a sound is interfered with by
another coincident sound at similar frequencies and at similar or
higher intensity, and may occur whether the sound is natural (e.g.,
snapping shrimp, wind, waves, precipitation) or anthropogenic (e.g.,
shipping, sonar,
[[Page 6609]]
seismic exploration) in origin. The ability of a noise source to mask
biologically important sounds depends on the characteristics of both
the noise source and the signal of interest (e.g., signal-to-noise
ratio, temporal variability, direction), in relation to each other and
to an animal's hearing abilities (e.g., sensitivity, frequency range,
critical ratios, frequency discrimination, directional discrimination,
age or TTS hearing loss), and existing ambient noise and propagation
conditions.
Under certain circumstances, marine mammals experiencing
significant masking could also be impaired from maximizing their
performance fitness in survival and reproduction. Therefore, when the
coincident (masking) sound is man-made, it may be considered harassment
when disrupting or altering critical behaviors. It is important to
distinguish TTS and PTS, which persist after the sound exposure, from
masking, which occurs during the sound exposure. Because masking
(without resulting in TS) is not associated with abnormal physiological
function, it is not considered a physiological effect, but rather a
potential behavioral effect.
The frequency range of the potentially masking sound is important
in determining any potential behavioral impacts. For example, low-
frequency signals may have less effect on high-frequency echolocation
sounds produced by odontocetes but are more likely to affect detection
of mysticete communication calls and other potentially important
natural sounds such as those produced by surf and some prey species.
The masking of communication signals by anthropogenic noise may be
considered as a reduction in the communication space of animals (e.g.,
Clark et al., 2009) and may result in energetic or other costs as
animals change their vocalization behavior (e.g., Miller et al., 2000;
Foote et al., 2004; Parks et al., 2007b; Di Iorio and Clark, 2009; Holt
et al., 2009). Masking can be reduced in situations where the signal
and noise come from different directions (Richardson et al., 1995),
through amplitude modulation of the signal, or through other
compensatory behaviors (Houser and Moore, 2014). Masking can be tested
directly in captive species (e.g., Erbe, 2008), but in wild populations
it must be either modeled or inferred from evidence of masking
compensation. There are few studies addressing real-world masking
sounds likely to be experienced by marine mammals in the wild (e.g.,
Branstetter et al., 2013).
Masking affects both senders and receivers of acoustic signals and
can potentially have long-term chronic effects on marine mammals at the
population level as well as at the individual level. Low-frequency
ambient sound levels have increased by as much as 20 dB (more than
three times in terms of SPL) in the world's ocean from pre-industrial
periods, with most of the increase from distant commercial shipping
(Hildebrand, 2009). All anthropogenic sound sources, but especially
chronic and lower-frequency signals (e.g., from vessel traffic),
contribute to elevated ambient sound levels, thus intensifying masking.
We have also considered the potential for severe behavioral
responses such as stranding and associated indirect injury or mortality
from SEFSC acoustic survey equipment, on the basis of a 2008 mass
stranding of approximately one hundred melon-headed whales in a
Madagascar lagoon system. An investigation of the event indicated that
use of a high-frequency mapping system (12-kHz multibeam echosounder;
it is important to note that all SEFSC sources operate at higher
frequencies (see Table 1)) was the most plausible and likely initial
behavioral trigger of the event, while providing the caveat that there
is no unequivocal and easily identifiable single cause (Southall et
al., 2013). The panel's conclusion was based on (1) very close temporal
and spatial association and directed movement of the survey with the
stranding event; (2) the unusual nature of such an event coupled with
previously documented apparent behavioral sensitivity of the species to
other sound types (Southall et al., 2006; Brownell et al., 2009); and
(3) the fact that all other possible factors considered were determined
to be unlikely causes. Specifically, regarding survey patterns prior to
the event and in relation to bathymetry, the vessel transited in a
north-south direction on the shelf break parallel to the shore,
ensonifying large areas of deep-water habitat prior to operating
intermittently in a concentrated area offshore from the stranding site.
This may have trapped the animals between the sound source and the
shore, thus driving them towards the lagoon system. The investigatory
panel systematically excluded or deemed highly unlikely nearly all
potential reasons for these animals leaving their typical pelagic
habitat for an area extremely atypical for the species (i.e., a shallow
lagoon system). Notably, this was the first time that such a system has
been associated with a stranding event.
The panel also noted several site- and situation-specific secondary
factors that may have contributed to the avoidance responses that led
to the eventual entrapment and mortality of the whales. Specifically,
shoreward-directed surface currents and elevated chlorophyll levels in
the area preceding the event may have played a role (Southall et al.,
2013). The report also notes that prior use of a similar system in the
general area may have sensitized the animals and also concluded that,
for odontocete cetaceans that hear well in higher frequency ranges
where ambient noise is typically quite low, high-power active sonars
operating in this range may be more easily audible and have potential
effects over larger areas than low frequency systems that have more
typically been considered in terms of anthropogenic noise impacts. It
is, however, important to note that the relatively lower output
frequency, higher output power, and complex nature of the system
implicated in this event, in context of the other factors noted here,
likely produced a fairly unusual set of circumstances that indicate
that such events would likely remain rare and are not necessarily
relevant to use of lower-power, higher-frequency systems more commonly
used for scientific applications. The risk of similar events recurring
may be very low, given the extensive use of active acoustic systems
used for scientific and navigational purposes worldwide on a daily
basis and the lack of direct evidence of such responses previously
reported.
Characteristics of the sound sources predominantly used by SEFSC
further reduce the likelihood of effects to marine mammals, as well as
the intensity of effect assuming that an animal perceives the signal.
Intermittent exposures--as would occur due to the brief, transient
signals produced by these sources--require a higher cumulative SEL to
induce TTS than would continuous exposures of the same duration (i.e.,
intermittent exposure results in lower levels of TTS) (Mooney et al.,
2009a; Finneran et al., 2010). In addition, intermittent exposures
recover faster in comparison with continuous exposures of the same
duration (Finneran et al., 2010). Although echosounder pulses are, in
general, emitted rapidly, they are not dissimilar to odontocete
echolocation click trains. Research indicates that marine mammals
generally have extremely fine auditory temporal resolution and can
detect each signal separately (e.g., Au et al., 1988; Dolphin et al.,
1995; Supin and Popov, 1995; Mooney et al., 2009b), especially for
species with echolocation capabilities.
[[Page 6610]]
Therefore, it is likely that marine mammals would indeed perceive
echosounder signals as being intermittent.
We conclude here that, on the basis of available information on
hearing and potential auditory effects in marine mammals, the potential
for threshold shift from exposure to fishery research sonar is low to
discountable. High-frequency cetacean species would be the most likely
to potentially incur some minimal amount of temporary hearing loss from
a vessel operating high-frequency sonar sources, and the potential for
PTS to occur for any species is so unlikely as to be discountable. Even
for high-frequency cetacean species, individuals would have to make a
very close approach and also remain very close to vessels operating
these sources in order to receive multiple exposures at relatively high
levels, as would be necessary to cause TTS. Additionally, given that
behavioral responses typically include the temporary avoidance that
might be expected (see below), the potential for auditory effects
considered physiological damage (injury) is considered extremely low in
relation to realistic operations of these devices. Given the fact that
fisheries research survey vessels are moving, the likelihood that
animals may avoid the vessel to some extent based on either its
physical presence or due to aversive sound (vessel or active acoustic
sources), and the intermittent nature of many of these sources, the
potential for TTS is probably low for high-frequency cetaceans and very
low to zero for other species.
Based on the source operating characteristics, most of these
sources may be detected by odontocete cetaceans (and particularly high-
frequency specialists such as porpoises) but are unlikely to be audible
to mysticetes (i.e., low-frequency cetaceans) and some pinnipeds. While
low-frequency cetaceans and pinnipeds have been observed to respond
behaviorally to low- and mid-frequency sounds (e.g., Frankel, 2005),
there is little evidence of behavioral responses in these species to
high-frequency sound exposure (e.g., Jacobs and Terhune, 2002;
Kastelein et al., 2006). If a marine mammal does perceive a signal from
a SEFSC active acoustic source, it is likely that the response would
be, at most, behavioral in nature. Behavioral reactions of free-ranging
marine mammals to scientific sonars are likely to vary by species and
circumstance. For example, Watkins et al. (1985) note that sperm whales
did not appear to be disturbed by or even aware of signals from
scientific sonars and pingers (36-60 kHz) despite being very close to
the transducers. But Gerrodette and Pettis (2005) report that when a
38-kHz echosounder and ADCP were on (1) the average size of detected
schools of spotted dolphins and pilot whales was decreased; (2)
perpendicular sighting distances increased for spotted and spinner
dolphins; and (3) sighting rates decreased for beaked whales.
As described above, behavioral responses of marine mammals are
extremely variable, depending on multiple exposure factors, with the
most common type of observed response being behavioral avoidance of
areas around aversive sound sources. Certain odontocete cetaceans
(particularly harbor porpoises and beaked whales) are known to avoid
high-frequency sound sources in both field and laboratory settings
(e.g., Kastelein et al., 2000, 2005b, 2008a, b; Culik et al., 2001;
Johnston, 2002; Olesiuk et al., 2002; Carretta et al., 2008). There is
some additional, low probability for masking to occur for high-
frequency specialists, but similar factors (directional beam pattern,
transient signal, moving vessel) mean that the significance of any
potential masking is probably inconsequential.
Anticipated Effects on Marine Mammal Habitat
Effects to prey--In addition to direct, or operational,
interactions between fishing gear and marine mammals, indirect (i.e.,
biological or ecological) interactions occur as well, in which marine
mammals and fisheries both utilize the same resource, potentially
resulting in competition that may be mutually disadvantageous (e.g.,
Northridge, 1984; Beddington et al., 1985; Wickens, 1995). Marine
mammal prey varies by species, season, and location and, for some, is
not well documented. There is some overlap in prey of marine mammals
and the species sampled and removed during SEFSC research surveys, with
primary prey of concern being zooplankton, estuarine fishes, and
invertebrates. The majority of fish affected by SEFSC-affiliated
research projects are caught and killed during these six annual
surveys: SEAMAP-SA Coastal Trawl Survey, SEAMAP-GOM Shrimp/Groundfish
(Summer/Fall) Trawl, Small Pelagics Trawl Survey, Shark and Red Snapper
Bottom Longline Survey, SEAMAP-GOM Shrimp/Groundfish (Summer/Fall)
Trawl Survey, and the MARMAP Reef Fish Long Bottom Longline Survey. The
species caught in greatest abundance in the ARA are the great northern
tilefish, Atlantic bumper, banded drum and star drum. In the GOMRA, the
species caught in greatest abundance is the Atlantic croaker followed
by the longspine porgy and Rough scad. In the CRA, the horse-eye jack
and yellowtail snapper comprise the greatest catch. However, in all
research areas, the total amount of these species taken in research
surveys is very small relative to their overall biomass in the area
(See Section 4.2.3 of the SEFSC EA for more information on fish catch
during research surveys). Tables 4.2-8 through 4.2-12 in the SEFSC's
Draft EA indicate that, while mortality to fish species is a direct
effect of the SEFSC Atlantic Research Area surveys, there are likely no
measurable population changes occurring as a result of these research
activities because they represent such a small percentage of allowable
quota in commercial and recreational fisheries, which are just
fractions of the total populations for these species.
In addition to the small total biomass taken, some of the size
classes of fish targeted in research surveys are very small, and these
small size classes are not known to be prey of marine mammals. Research
catches are also distributed over a wide area because of the random
sampling design covering large sample areas. Fish removals by research
are therefore highly localized and unlikely to affect the spatial
concentrations and availability of prey for any marine mammal species.
The overall effect of research catches on marine mammals through
competition for prey may therefore be considered insignificant for all
species.
Acoustic habitat--Acoustic habitat is the soundscape--which
encompasses all of the sound present in a particular location and time,
as a whole--when considered from the perspective of the animals
experiencing it. Animals produce sound for, or listen for sounds
produced by, conspecifics (communication during feeding, mating, and
other social activities), other animals (finding prey or avoiding
predators), and the physical environment (finding suitable habitats,
navigating). Together, sounds made by animals and the geophysical
environment (e.g., produced by earthquakes, lightning, wind, rain,
waves) make up the natural contributions to the total acoustics of a
place. These acoustic conditions, termed acoustic habitat, are one
attribute of an animal's total habitat.
Soundscapes are also defined by, and acoustic habitat influenced
by, the total contribution of anthropogenic sound. This may include
incidental emissions from sources such as vessel traffic, or
[[Page 6611]]
may be intentionally introduced to the marine environment for data
acquisition purposes (as in the SEFSC's use of active acoustic
sources). Anthropogenic noise varies widely in its frequency content,
duration, and loudness, and these characteristics greatly influence the
potential habitat-mediated effects to marine mammals (please see also
the previous discussion on masking under ``Acoustic Effects''), which
may range from local effects for brief periods of time to chronic
effects over large areas and for long durations. Depending on the
extent of effects to habitat, animals may alter their communications
signals (thereby potentially expending additional energy) or miss
acoustic cues (either conspecific or adventitious). For more detail on
these concepts see, e.g., Barber et al., 2010; Pijanowski et al., 2011;
Francis and Barber, 2013; Lillis et al., 2014.
As described above (``Acoustic Effects''), the signals emitted by
SEFSC active acoustic sources are of higher frequencies, short duration
with high directionality, and transient. These factors mean that the
signals will likely attenuate rapidly (not travel over great
distances), may not be perceived or affect perception even when animals
are in the vicinity, and would not be considered chronic in any given
location. SEFSC use of these sources is widely dispersed in both space
and time. In conjunction with the prior factors, this means that it is
highly unlikely that SEFSC use of these sources would, on their own,
have any appreciable effect on acoustic habitat.
Physical habitat--The SEFSC conducts some bottom trawling, which
may physically damage seafloor habitat. Physical damage may include
furrowing and smoothing of the seafloor as well as the displacement of
rocks and boulders, and such damage can increase with multiple contacts
in the same area (Morgan and Chuenpagdee, 2003; Stevenson et al.,
2004). Damage to seafloor habitat may also harm infauna and epifauna
(i.e., animals that live in or on the seafloor or on structures on the
seafloor), including corals. In general, physical damage to the
seafloor would be expected to recover within eighteen months through
the action of water currents and natural sedimentation, with the
exception of rocks and boulders which may be permanently displaced
(Stevenson et al., 2004). Relatively small areas would be impacted by
SEFSC bottom trawling and, because such surveys are conducted in the
same areas but not in the exact same locations, they are expected to
cause single rather than repeated disturbances in any given area. SEFSC
activities would not be expected to have any other impacts on physical
habitat.
As described in the preceding, the potential for SEFSC research to
affect the availability of prey to marine mammals or to meaningfully
impact the quality of physical or acoustic habitat is considered to be
insignificant for all species. Effects to habitat will not be discussed
further in this document.
Estimated Take
This section provides an estimate of the number of incidental takes
proposed for authorization through this IHA, which will inform both
NMFS' consideration of whether the number of takes is ``small'' and the
negligible impact determination. When discussing take, we consider
three manners of take: Mortality, serious injury, and harassment.
Serious injury is defined as an injury that could lead to mortality
while injury refers to injury that does not lead to mortality. Except
with respect to certain activities not pertinent here, the MMPA defines
``harassment'' as any act of pursuit, torment, or annoyance which (i)
has the potential to injure a marine mammal or marine mammal stock in
the wild (Level A harassment); or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing disruption
of behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering (Level B
harassment).
As previously described, the SEFSC has a history of take of marine
mammals incidental to fisheries research. The degree of take resulting
from gear interaction can range from mortality, serious injury, Level A
harassment (injury), or released unharmed with no observable injury.
However, given that we cannot predict the degree of take, we
conservatively assume that any interaction may result in mortality or
serious injury and have issued take as such. In the case of the
Mississippi Sound stock, we have also authorized a single take from
Level A harassment (injury) only. The amount of research conducted in
Mississippi Sound using gear with the potential for marine mammal
interaction increases the potential for interaction above other
estuarine systems. However, there is evidence that, even without the
proposed prescribed mitigation and monitoring measures, take may not
result in mortality or serious injury (e.g., the October 13, 2013
skimmer trawl take which did not result in serious injury or
mortality). The proposed mitigation and monitoring measures described
in this proposed rulemaking are designed to further reduce risk of take
and degree of take.
Estimated Take Due to Gear Interaction
Given the complex stock structure of bottlenose dolphins throughout
the ARA and GOMRA as well as the vulnerability of this species to be
taken incidental to fishery research, we have partitioned this section
into two categories to present requested and proposed take in an
organized manner. Below we present our analysis informing the proposed
take of estuarine and coastal bottlenose dolphins followed by pelagic
marine mammals which includes all relevant non-bottlenose dolphin
species and open ocean stocks of bottlenose dolphins.
Estuarine and Coastal Bottlenose Dolphin Take--SEFSC
In order to estimate the number of potential bottlenose dolphin
takes in estuarine and coastal waters, we considered the SEFSC's and
TPWD's record of such past incidents and other sources of take (e.g.,
commercial fisheries and non-SEFSC or TPWD affiliated research). We
consulted the SARs, marine mammal experts at the SEFSC, and information
emerging from the BDTRT to identify these other sources of mortality.
We then assessed the similarities and differences between fishery
research and commercial fisheries gear and fishing practices. Finally,
we evaluated means of affecting the least practicable adverse impact on
bottlenose dolphins through the proposed mitigation and additional
mitigation developed during the proposed rulemaking process.
In total, since 2001 and over the course of thousands of hours of
research effort, 15 marine mammals (all bottlenose dolphins) have been
entangled in SEFSC-affiliated research gear. All takes occurred between
April through October; however, this is likely a result of research
effort concentrated during this time period and there does not appear
to be any trend in increased vulnerability throughout the year.
In the ARA, the SEFSC has nine documented takes of bottlenose
dolphins (in 8 instances) from fishing gear (Table 5) and 1 take of an
Atlantic spotted dolphin. The Atlantic spotted dolphin take was a calf
struck by a propeller during a marine mammal research cruise. Given the
anomalous nature of the incident and proposed mitigation measures, NMFS
is not proposing to authorize take by ship strike. Therefore, this take
is not discussed further. Of the eight gear-related takes, two animals
were taken at once in a trammel net by the SCDNR in
[[Page 6612]]
2002. However, the SCDNR has since changed fishing methods and
implemented monitoring and mitigation measures essentially eliminating
the potential for take during this survey. No other trammel net-related
takes have occurred since these changes were implemented. Therefore, we
believe the potential for a take in SCDNR trammel nets is discountable.
The remaining six gear-related takes have been a result of interaction
with bottom trawl gear during SEAMAP and TED research surveys resulting
in an average 0.38 takes per year (6 takes/16 years).
To further assess the potential for take in any given year, we
considered where takes have occurred and the possible stock origin from
which an animal was taken. The July 2006 take occurred offshore of
Fripp Island, SC; the October 2006 take occurred off Oak Island, NC;
the July 2012 take occurred off Little Tybee Island, GA; the August
2012 take occurred off Pawley's Island, SC; the April 2014 take
occurred just off the coast of Florida between St. Augustine and
Daytona Beach; and the July 2016 take occurred off Sea Island, Georgia
which is nestled between Little St. Simon's Island and St. Simon's
Island. Therefore, the dolphins taken could have originated from any of
the five coastal stocks (the Northern Migratory and Southern Migratory
stock, South Carolina/Georgia Coastal stock, Northern Florida Coastal
stock and a Central Florida stock), although they were assigned to the
stock based on the location where the take occurred. Taking the average
rate of 0.38 animals/five stocks equates to an average taking of 0.08
animals per stock per year. This average would be even less if one
considers an estuarine stock may be the stock of origin.
According to the SEFSC's application, three trawl surveys and 2
bottom longline surveys conducted by the SEFSC or research partner
overlap spatially with the NNCES stock (Table 1). These are the
Atlantic Striped Bass Tagging Bottom Trawl Survey (USFWS), SEAMAP-SA
Coastal Trawl Survey (SCDNR), SEAMAP-SA North Carolina Pamlico Sound
Trawl Survey (NCDENR), Shark and Red Snapper Bottom Longline Survey
(SEFSC), and the SEAMAP-SA Red Drum Bottom Longline Survey (NCDNR). No
gillnet surveys would take place in waters overlapping with this stock.
Based on data in the PSIT database, no dolphins from the NNCES stock
have been taken from SEFSC or partner fishery research surveys,
including those described above which have taken place for many years.
Despite the lack of historical take, we further investigated the
potential for future interaction. Based on commercial fishery and SEFSC
fishery survey bycatch rates of marine mammals, we would expect the
trawl surveys to be more likely to take a dolphin than the bottom
longline surveys. An evaluation of each survey type occurring is
provided below to more thoroughly evaluate the potential for taking a
bottlenose dolphin belonging to the NNCES stock.
The Atlantic Striped Bass Bottom Trawl Survey (conducted by the
USFWS) is limited to two weeks (200-350 trawls) during January and
February in coastal waters north of Cape Hatteras ranging from 30 to
120 ft in depth. The USFWS uses dual 65-ft trawl nets with 3.75 in.
stretch nylon multifilament mesh codend. Tow speed is 3 kts and tow
time does not exceed 30 minutes at depth. Trawl operations are
conducted day and night from the R/V Oregon II, R/V Oregon, or R/V
Savannah (please refer to the EA for detailed vessel descriptions). The
winter operations of this survey overlaps in time with when some
animals move out of Pamlico Sound and into coastal waters. However,
photo-ID studies, available tag data and stable isotope data indicate
that the portion of the stock that moves out of Pamlico Sound into
coastal waters remain south of Cape Hatteras during cold water months
(Waring et al. 2016). The USFWS has historically conducted surveys
north of Cape Hatteras. However, the survey is currently inactive due
to funding constraints. If funding becomes available, they may
undertake this survey. However, the spatial and temporal specifications
described above greatly reduce the likelihood of a take from the NNCES
stock. In addition, given the short duration of the survey (2 weeks)
and short tow time durations (up to 30 minutes), the chance of marine
mammal interaction is limited. This logic is supported by the lack of
take from this survey. At this time, for the reasons described above,
we believe the likelihood of an animal from the NNCES stock being taken
during Atlantic Striped Bass Bottom Trawl Survey is unlikely.
The SEAMAP-SA Pamlico Sound Trawl Survey (NCDENR) is conducted to
support stock assessments and management of finfish, shrimp, and crab
species in Pamlico Sound and its bays and rivers. The otter trawl
survey takes place for 10 days in June and 10 days in September during
daylight hours. Up to 54 trawls are completed each month (total = 108
trawls) aboard the R/V Carolina Coast. The general area of operation is
Pamlico Sound and the Pamlico, Pungo, and Neuse rivers in waters
greater than or equal to 6 ft. Despite spatial and temporal overall
with the NNCES stock, this survey has no record of interacting with a
marine mammal. Given the lack of historical interaction, limited number
of tows, and implementation of the proposed monitoring and mitigation
measures, we do not believe there is reasonable likelihood of take from
this survey.
The SEAMAP-SA Coastal Trawl Survey (SCDNR) operates 300-350 trawls
annually from Cape Hatteras, NC to Cape Canaveral, FL in nearshore
oceanic waters of 15-30 ft depth. Its goal is collect long-term fishery
independent data on ecologically, commercially, and recreationally
important fishes and invertebrates, including shrimp and blue crab. Tow
time is approximately 20 minutes. This survey is not associated with
sea turtle research surveys, which have longer tow times. SCDNR uses
the R/V Lady Lisa outfitted with an otter trawl comprised of paired
mongoose-type Falcon bottom trawls. All takes of dolphins have occurred
in coastal waters (none from estuarine waters), and all assigned takes
have been from coastal stocks. However, because estuarine stocks may
venture into coastal waters, there is a small possibility takes from
this survey could have been from the SNCES (n=1), Northern South
Carolina Estuarine System (n=1), Northern Georgia/Southern South
Carolina Estuarine System (n= 2), and Southern Georgia Estuarine System
(n=1) (Table 6). This is the only survey which may potentially overlap
with the NNCES and SNCES stock but does so in coastal waters where
coastal stocks overlap in time and space. It is most likely a take from
this survey would be from a coastal stock. Therefore, we are not
proposing to authorize take from the NNCES or SNCES stock.
[[Page 6613]]
Table 6--Possible Stock Origin of Bottlenose Dolphins Taken in the ARA
----------------------------------------------------------------------------------------------------------------
Possible Stocks
Date Location Taken -------------------------------------------------
Coastal Estuarine.
----------------------------------------------------------------------------------------------------------------
2001................................. Unknown................ Unknown................ Unknown.
July 2006............................ Off Fripp Island, GA... W.N. Atlantic South Northern Georgia/
Carolina-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 W.N. Atlantic South Northern Georgia/
Island, GA. Carolina-Georgia Southern South
Coastal. Carolina Estuarine
System.
August 2012.......................... Off Pawley's Island, SC W.N. Atlantic South Northern South Carolina
Carolina-Georgia Estuarine System.
Coastal.
April 2014........................... Off the coast of W.N. Atlantic Northern W.N. Atlantic Central
Florida between St. Florida Coastal. Florida Coastal.
Augustine and Daytona
Beach.
July 2016............................ Off Sea Island, Georgia W.N. Atlantic South Southern Georgia
Carolina-Georgia Estuarine System.
Coastal.
----------------------------------------------------------------------------------------------------------------
The only survey overlapping with the Indian River Lagoon (IRL)
stock is the St. Lucie Rod-and-Reel Fish Health Study. There are no
documented instances of the SEFSC taking a dolphin from this survey.
Therefore, we believe the likelihood of take is low and mitigation
measures (e.g. quickly reeling in line if dolphins are likely to
interact with gear) would be effective at further reducing take
potential to discountable. In consideration of this, we are not
proposing to issue take of the IRL stock.
In summary, we are not proposing to authorize requested take in the
ARA for the NNCES, SNCES, and Indian River Lagoon stocks due to low to
discountable potential for take. For all other estuarine stocks for
which take was requested (n=7), we are proposing to authorize the
requested 1 take over 5 years by M/SI (Table 7). We are proposing to
issue the requested 3 M/SI takes per stock of each of the coastal
stocks and the offshore stock in the ARA over 5 years (Table 7).
In the GOMRA, the SEFSC is requesting to take one dolphin from each
of the 21 estuarine stocks, three dolphins from the Mississippi Sound
stock, and three dolphins per year from the coastal stocks (Table 7).
Similar to the ARA, NMFS examined the SEFSC's request and assessed
authorizing take based on fishing effort and stock spatial and temporal
parameters, the potential for take based on fishing practices (e.g.,
gear description, tow/soak times). In addition, the SEFSC has provided
supplemental information indicating some surveys are discontinued or
currently inactive and are not likely to take place during the proposed
5-year regulations.
When examining the survey gear used and fishing methods, we
determined that the IJA Open Bay Shellfish Trawl Survey (conducted by
TPWD) has a very low potential to take dolphins. This survey has no
documented dolphin/gear interactions despite high fishing effort (90
trawls for month/1080 trawls per year). This is likely because TPWD
uses a very small (20 ft wide) otter shrimp trawl which is towed for
only 10 minutes in 3-30 ft of water. The nets can be retrieved within
one to two minutes. The IJA Open Bay Shellfish Trawl Survey is the only
survey conducted by the SEFSC that overlaps with the following BSE
bottlenose dolphin stocks: Laguna Madre; Nueces Bay, Corpus Christi
Bay; Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu
Santo Bay; Matagorda Bay, Tres Palacios Bay, Lavaca Bay; West Bay, and
Galveston Bay, East Bay, Trinity Bay. TPWD has no documented take of
dolphins from the IJA Open Bay Shellfish Trawl Survey despite years of
research effort. Due to the discountable potential for take from the
IJA Open Bay Shellfish Trawl Survey, we are not proposing to authorize
take of these Texas bottlenose dolphin stocks to the SEFSC.
Another stock with a discountable potential for take is the
Barataria Bay stock. This stock's habitat includes Caminada Bay,
Barataria Bay east to Bastian Bay, Bay Coquette, and Gulf coastal
waters extending 1 km from the shoreline. The SEFSC has committed to
avoiding conducting fisheries independent monitoring in these waters.
Hence, we find the potential for take from the Barataria Bay stock is
discountable and we are not proposing to authorize the requested take.
On December 22, 2017, the SEFSC indicated the Gulfspan shark survey
conducted by University of West Florida (UWF) is considered inactive as
of 2017 and would not likely take place over the course of the proposed
regulations due to staffing changes. This is the only survey
overlapping with the Perdido Bay, Pensacola Bay, Choctawhatchee Bay
stocks. Therefore, we find the potential for take from these stocks is
discountable and we are not proposing to authorize the requested take.
There are nine surveys in the GOMRA overlapping with the
Mississippi Sound, Lake Borgne, Bay Boudreau stock (MS Sound stock):
Four trawl, three gillnet, and two hook and line. While there are four
documented takes from this stock since 2011 (from gillnet and trawl
surveys), there are none prior to that year. The SEFSC requested three
M/SI takes from the MS Sound stock due to the amount of fishing effort
in this waterbody. However, we find two takes are warranted over the
life of the 5-year regulations given the lack of take prior to 2011 and
implementation of the proposed mitigation and monitoring measures.
Further, previous takes indicate there is potential that a marine
mammal may not die or be seriously injured in fishing gear but be
injured. Therefore, we are proposing to authorize one take by M/SI and
one take by Level A harassment for the Mississippi Sound stock over the
5-year regulations (Table 7).
[[Page 6614]]
Table 7--SEFSC Total Requested and Proposed Take of Bottlenose Dolphins
in ARA, GOMRA, and CRA Over the Life of the Proposed 5-Year Regulations
------------------------------------------------------------------------
Total
Stock requested take Total proposed take (M/
(M/SI ) SI )
------------------------------------------------------------------------
Northern North Carolina 1 \1\ 0
Estuarine System Stock........
Southern North Carolina 1 \1\ 0
Estuarine System Stock........
Northern South Carolina 1 1
Estuarine Stock...............
Charleston Estuarine System 1 1
Stock.........................
Northern Georgia/Southern South 1 1
Carolina Estuarine System
Stock.........................
Central Georgia Estuarine 1 1
System........................
Southern Georgia Estuarine 1 1
System Stock..................
Jacksonville Estuarine System 1 1
Stock.........................
Indian River Lagoon Estuarine 1 \1\ 0
System Stock..................
Biscayne Bay Stock............. 0 0
Florida Bay Stock.............. 1 1
Western North Atlantic South 3 3
Carolina/Georgia Coastal Stock
Western North Atlantic Northern 3 3
Florida Coastal Stock.........
Western North Atlantic Central 3 3
Florida Coastal Stock.........
Western North Atlantic Northern 3 3
Migratory Coastal Stock.......
Western North Atlantic Southern 3 3
Migratory Coastal Stock.......
Western North Atlantic Offshore 3 3
Stock.........................
Puerto Rico and US Virgin 1 1
Islands Stock.................
Laguna Madre................... 1 \1\ 0
Nueces Bay, Corpus Christi Bay. 1 \1\ 0
Copano Bay, Aransas Bay, San 1 \1\ 0
Antonio Bay, Redfish Bay,
Espirtu Santo Bay.............
Matagorda Bay, Tres Palacios 1 \1\ 0
Bay, Lavaca Bay...............
West Bay....................... 1 \1\ 0
Galveston Bay, East Bay, 1 \1\ 0
Trinity Bay...................
Sabine Lake.................... 1 \1\ 0
Calcasieu Lake................. 0 0
Atchalfalaya Bay, Vermilion 0 0
Bay, West Cote Blanche Bay....
Terrabonne Bay, Timbalier Bay.. 1 1
Barataria Bay Estuarine System. 1 \2\ 0
Mississippi River Delta........ 1 1
Mississippi Sound, Lake Bornge, 3 \3\ 1 M/SI, 1 Level A
Bay Boudreau..................
Mobile Bay, Bonsecour Bay...... 1 1
Perdido Bay.................... 1 \2\ 0
Pensacola Bay, East Bay........ 1 \2\ 0
Choctwhatchee Bay.............. 1 \2\ 0
St. Andrew Bay................. 1 1
St. Joseph Bay................. 1 1
St. Vincent Sound, Apalachiola 1 1
Bay, St. George Sound.........
Apalachee Bay.................. 1 1
Waccasassa Bay, Withlacoochee 1 1
Bay, Crystal Bay..............
St. Joseph Sound, Clearwater 0 0
Harbor........................
Tampa Bay...................... 0 0
Sarasota Bay, Little Sarasota 0 0
Bay...........................
Pine Island Sound, Charlotte 1 1
Harbor, Gasparilla Sound,
Lemon Bay.....................
Caloosahatchee River........... 0 0
Estero Bay..................... 0 0
Chokoloskee Bay, Ten Thousand 1 1
Islands, Gullivan Bay.........
Whitewater Bay................. 0 0
Florida Keys-Bahia Honda to Key 0 0
West..........................
Northern Gulf of Mexico Western 3 3
Coastal Stock.................
Northern Gulf of Mexico 3 3
Northern Coastal Stock........
Northern Gulf of Mexico Eastern 3 3
Coastal Stock.................
------------------------------------------------------------------------
\1\ Surveys overlapping these stocks have a low to discountable
potential to take marine mammals due to temporal and spatial overlap
with stock, fishing methods, and/or gear types. The SEFSC has no
history of taking individuals from these stocks.
\2\ No surveys are proposed that overlap with these stocks.
\3\ The SEFSC has the potential to take one marine mammal by M/SI and
one marine mammal by Level A harassment (injury) only for the
Mississippi Sound stock.
Estuarine Bottlenose Dolphin Take--TPWD
During gillnet surveys, the TPWD may incidentally take bottlenose
dolphins. TPWD conducts research in seven major bays, sounds, and
estuaries in Texas. There is no history of take in three of those
waterbodies (Sabine Lake, West Bay, and Galveston Bay), therefore, TPWD
has not requested, and we are not proposing, to authorize take from
these stocks as the potential for take from these stocks is
discountable.
Historical take from TPWD's gillnet surveys is random in time and
space making it difficult to predict where and how often future takes
could occur. TPWD has taken 32-35 bottlenose dolphins during the 35
years of gillnet fishing (exact number is not clear due to potential
errors in early reporting and record keeping). In 18 of the 35 years
(52 percent) there were zero dolphins taken (see Table 3 in TPWD's
[[Page 6615]]
application). However, the long term average equates to approximately
one animal per year (32-34 dolphins in 35 years) To cover the life of
the 5-yr regulations, this would equate to five takes. However, TPWD
would remove grids meeting ``hot spot'' criteria and remove potential
sources of entanglement (e.g., the gap between the float line and the
net). Therefore, we are proposing to issue one M/SI take from each of
the previously taken stocks over the life of the proposed regulations
for a total of four takes over the life of the regulations. We also
consider that the regulations would be conditioned with mitigation
measures designed to reduce the risk of take (e.g., new gear
modification, removal of sampling areas deemed dolphin ``hot spots'').
Therefore, NMFS is proposing to issue one take by M/SI from the
following stocks of bottlenose stocks: (1) Laguna Madre; (2) Corpus
Christi Bay, Nueces Bay; (3) Copano Bay, Aransas Bay, San Antonio Bay,
Redfish Bay, Espiritu Santa Bay; and (4) MatagordaBay, Tres Palacios
Bay, Lavaca Bay. In total, four M/SI takes (one from each stock) would
be authorized over the life of the proposed regulations.
Pelagic Marine Mammals Take--SEFSC
Since systematic record keep began in 2002, the SEFSC and
affiliated research partners have taken no marine mammals species other
than bottlenose dolphins due to gear interaction. However, NMFS has
assessed other sources of M/SI for these species (e.g., commercial
fishing) to inform the potential for incidental takes of marine mammals
in the ARA, GOMRA, and CRA under this proposed rule. These species have
not been taken historically by SEFSC research activities but inhabit
the same areas and show similar types of behaviors and vulnerabilities
to such gear used in other contexts. To more comprehensively identify
where vulnerability and potential exists for take between SEFSC
research and other species of marine mammals, we compared with similar
commercial fisheries by way of the 2017 List of Fisheries (LOF) and the
record of interactions from non-SEFSC affiliated research.
NMFS LOF classifies U.S. commercial fisheries into one of three
categories according to the level of incidental marine mammal M/SI that
is known to have occured on an annual basis over the most recent five-
year period (generally) for which data has been analyzed: Category I,
frequent incidental M/SI; Category II, occasional incidental M/SI; and
Category III, remote likelihood of or no known incidental M/SI. In
accordance with the MMPA (16 U.S.C. 1387(e)) and 50 CFR 229.6, any
vessel owner or operator, or gear owner or operator (in the case of
non-vessel fisheries), participating in a fishery listed on the LOF
must report to NMFS all incidental mortalities and injuries of marine
mammals that occur during commercial fishing operations, regardless of
the category in which the fishery is placed. The LOF for 2016 was based
on, among other things, stranding data; fisher self-reports; and SARs,
primarily the 2014 SARs, which are generally based on data from 2008-
2012. Table 8 indicates which species (other than bottlenose dolphins)
have been known to interact with commercial fishing gear in the three
research areas based on the 2016 LOF (81 FR 20550; April 8, 2016). More
information on the 2016 LOF can be found at http://www.nmfs.noaa.gov/pr/interactions/fisheries/lof.html.
Table 8--Gear Types Implicated for Interaction With Marine Mammals in the Atlantic Ocean, Gulf of Mexico, and
Caribbean Commercial Fisheries
----------------------------------------------------------------------------------------------------------------
Fishery by Gear Type \1\
---------------------------------------------------------------
Species Gillnet Trawl
Fisheries Fisheries Trap/Pot Longline
----------------------------------------------------------------------------------------------------------------
N. Atlantic right whale......................... Y .............. Y ..............
Humpback whale.................................. Y .............. Y ..............
Fin whale....................................... Y .............. Y ..............
Minke whale..................................... Y Y Y Y
Risso's dolphin................................. Y Y .............. Y
Cuvier's beaked whale........................... .............. .............. .............. Y
Gervais beaked whale............................ .............. .............. .............. Y
Beaked whale (Mesoplodon spp)................... .............. .............. .............. Y
False killer whale.............................. .............. .............. .............. Y
Killer whale.................................... .............. .............. .............. Y
Pygmy sperm whale............................... .............. .............. .............. Y
Sperm Whale..................................... .............. .............. .............. Y
Long-finned pilot whale......................... Y Y .............. Y
Short-finned pilot whale........................ .............. .............. .............. Y
White-sided dolphin............................. Y Y .............. ..............
Atlantic spotted dolphin........................ .............. Y .............. Y
Pantropical spotted dolphin..................... Y .............. .............. Y
Common dolphin.................................. Y Y .............. Y
Harbor porpoise................................. Y Y .............. ..............
Harbor seal..................................... Y Y Y ..............
Gray seal....................................... .............. Y .............. ..............
----------------------------------------------------------------------------------------------------------------
\1\ Only fisheries with gear types used by the SEFSC during the course of the proposed regulations are included
here. For example, purse seine and aquaculture fisheries are also known to interact with marine mammals in the
specified geographic region; however, the SEFSC would not use those gears during their research.
In addition to examining known interaction, we also considered a
number of activity-related factors (e.g., gear size, set duration,
etc.) and species-specific factors (e.g., species-specific knowledge
regarding animal behavior, overall abundance in the geographic region,
density relative to SEFSC survey effort, feeding ecology, propensity to
travel in groups commonly associated with other species historically
taken) to determine whether a species may have a similar vulnerability
to certain types of gear as historically taken species. For example,
despite known take in
[[Page 6616]]
commercial trap/pot fisheries, here we rule out the potential for
traps/pots to take marine mammals incidental to SEFSC research for a
number of reasons. Commercial fisheries often involve hundreds of
unattended traps that are located on a semi-permanent basis, usually
with long, loose float lines, in shallow waters close to shore. In
contrast, SEFSC research gear is fished in deeper waters, and typically
only one pot is fished at a time and monitored continuously for short
soak times (e.g., one hour). These differences in fishing practices,
along with the fact no marine mammals have been taken in a SEFSC trap/
pot, negate the potential for take to a level NMFS does not believe
warrants authorization of take, and there is no historical
documentation of take from this gear incidental to SEFSC surveys.
Therefore, we do not expect take incidental to SEFSC research
activities using trap/pot gear.
It is well documented that multiple marine mammal species are taken
in commercial longline fisheries (Table 8). We used this information to
help make an informed decision on the probability of specific cetacean
and large whale interactions with longline gear and other hook-and-line
gear while taking into account many other factors affecting the
vulnerability of a species to be taken in SEFSC research surveys (e.g.,
relative survey effort, survey location, similarity in gear type,
animal behavior, prior history of SEFSC interactions with longline gear
etc.). First we examined species known to be taken in longline
fisheries but for which the SEFSC has not requested take. For example,
the SEFSC is not requesting take of large whales in longline gear.
Although large whale species could become entangled in longline gear,
the probability of interaction with SEFSC longline gear is extremely
low considering a far lower level of survey effort relative to that of
commercial fisheries, much shorter set durations, shorter line lengths,
and monitoring and mitigation measures implemented by the SEFSC (e.g.,
the move-on rule). Although data on commercial fishing efforts
comparable to the known SEFSC research protocols (net size, tow
duration and speed, and total number of tows) are not publically
available, based on the amount of fish caught by commercial fisheries
versus SEFSC fisheries research, the ``footprint'' of research effort
compared to commercial fisheries is very small (see Section 9 in the
SEFSC's application). As such, the SEFSC has not requested, nor is NMFS
proposing, to authorize take of large whales (i.e., mysticetes)
incidental to longline research. There are situations with hook-and-
line (e.g., longline) fisheries research gear when a caught animal
cannot be identified to species with certainty. This might occur when a
hooked or entangled dolphin frees itself before being identified or
when concerns over crew safety, weather, or sea state conditions
necessitate quickly releasing the animal before identification is
possible. The top priority for live animals is to release them as
quickly and safely as possible. The SEFSC ship's crew and research
personnel make concerted efforts to identify animals incidentally
caught in research gear whenever crew and vessel safety are not
jeopardized.
With respect to trawling, both commercial fisheries and non-SEFSC
affiliated research trawls in the Gulf of Mexico have taken pelagic
marine mammals. For example, a mid-water research trawl conducted to
monitor the effects of the Deepwater Horizon oil spill in the Gulf of
Mexico took 3 pantropical spotted dolphins in one trawl in 2012.
Additionally, an Atlantic spotted dolphin was taken in non-SEFSC
research bottom trawl in 2014. Known takes in commercial trawl
fisheries in the ARA and GOMRA include a range of marine mammal species
(Table 8). NMFS examined the similarities between species known to be
taken in commercial and non-SEFSC research trawls with those species
that overlap in time and space with SEFSC research trawls in the open
ocean. Because some species exhibit similar behavior, distribution,
abundance, and vulnerability to research trawl gear to these species,
NMFS proposes to authorize take of eight species of pelagic cetaceans
and two pinniped species in the ARA and nine species of cetaceans in
the GOMRA (Table 9). In addition, NMFS provides allowance of one take
of an unidentified species in the ARA, GOMRA, and CRA over the life of
these proposed regulations to account for any animal that cannot be
identified to a species level. Takes would occur incidental to trawl
and hook and line (including longline) research in the ARA and GOMRA.
However, because the SEFSC does not use trawl gear in the CRA, take is
proposed incidental to hook and line gear in the Caribbean (see Tables
6.4- 6.6 in SEFSC's application for more detail). We are proposing to
authorize the amount of take requested by the SEFSC's for these stocks
listed in Table 9.
Table 9--Proposed Total Take, by Species and Stock, of Pelagic Marine
Mammals in the ARA and GOMRA Incidental To Trawl and Hook and Line
Research and, in the CRA, Incidental To Hook and Line Research
Activities Over the 5 Year Regulations
------------------------------------------------------------------------
Total Proposed
Species Stock M&SI Take
------------------------------------------------------------------------
Risso's dolphin................... Western North
Atlantic.
N. Gulf of Mexico...
Melon headed whale................ N. Gulf of Mexico... 3
Short-finned pilot whale.......... Western North 1
Atlantic.
N. Gulf of Mexico... 1
Long-finned pilot whale........... Western North 1
Atlantic.
Short-beaked common dolphin....... Western North 4
Atlantic.
Atlantic spotted dolphin.......... Western North 4
Atlantic.
N. Gulf of Mexico... 4
Pantropical spotted dolphin....... Western North 1
Atlantic.
N. Gulf of Mexico... 4
Striped dolphin................... Western North 3
Atlantic.
N. Gulf of Mexico... 3
Spinner dolphin................... N. Gulf of Mexico... 3
Rough-toothed dolphin............. N. Gulf of Mexico... 1
Bottlenose dolphin................ Western North 4
Atlantic Oceanic.
N. Gulf of Mexico 4
Oceanic.
N. Gulf of Mexico 4
Continental Shelf.
[[Page 6617]]
Puerto Rico/USVI.... 1
Harbor porpoise................... Gulf of Maine/Bay of 1
Fundy.
Undetermined delphinid............ Western North 1
Atlantic.
N. Gulf of Mexico... 1
Harbor seal....................... Western North 1
Atlantic.
Gray seal......................... Western North 1
Atlantic.
------------------------------------------------------------------------
Estimated Take Due to Acoustic Harassment
As described previously (``Potential Effects of the Specified
Activity on Marine Mammals''), we believe that SEFSC use of active
acoustic sources has, at most, the potential to cause Level B
harassment of marine mammals. In order to attempt to quantify the
potential for Level B harassment to occur, NMFS (including the SEFSC
and acoustics experts from other parts of NMFS) developed an analytical
framework considering characteristics of the active acoustic systems
described previously under Description of Active Acoustic Sound
Sources, their expected patterns of use, and characteristics of the
marine mammal species that may interact with them. This quantitative
assessment benefits from its simplicity and consistency with current
NMFS acoustic guidance regarding Level B harassment but we caution
that, based on a number of deliberately precautionary assumptions, the
resulting take estimates may be seen as an overestimate of the
potential for behavioral harassment to occur as a result of the
operation of these systems. Additional details on the approach used and
the assumptions made that result in these estimates are described
below.
Acoustic Thresholds
Using the best available science, NMFS has developed acoustic
thresholds that identify the received level of underwater sound above
which exposed marine mammals would be reasonably expected to be
behaviorally harassed (equated to Level B harassment) or to incur PTS
of some degree (Level A harassment). We note NMFS has begun efforts to
update its behavioral thresholds, considering all available data, and
is formulating a strategy for updating those thresholds for all types
of sound sources considered in incidental take authorizations. It is
NMFS intention to conduct both internal and external review of any new
thresholds prior to finalizing. In the interim, we apply the
traditional thresholds.
Level B Harassment for non-explosive sources--Though significantly
driven by received level, the onset of behavioral disturbance from
anthropogenic noise exposure is also informed to varying degrees by
other factors related to the source (e.g., frequency, predictability,
duty cycle), the environment (e.g., bathymetry), and the receiving
animals (hearing, motivation, experience, demography, behavioral
context) and can be difficult to predict (Southall et al., 2007,
Ellison et al., 2011). Based on what the best available science
indicates and the practical need to use a threshold based on a factor
that is both predictable and measurable for most activities, NMFS uses
a generalized acoustic threshold based on received level to estimate
the onset of behavioral harassment. NMFS predicts that marine mammals
are likely to be behaviorally harassed in a manner we consider Level B
harassment when exposed to underwater anthropogenic noise above
received levels of 120 dB re 1 [mu]Pa (rms) for continuous (e.g.
vibratory pile-driving, drilling) and above 160 dB re 1 [mu]Pa (rms)
for non-explosive impulsive (e.g., seismic airguns) or intermittent
(e.g., scientific sonar) sources. Neither threshold is used for
military sonar due to the unique source characteristics.
The Marine Mammal Commission (Commission) has previously suggested
NMFS apply the 120 dB continuous threshold to scientific sonar such as
the ones proposed by the SEFSC. NMFS has responded to this comment in
multiple Federal Register notices of issuance for other NMFS science
centers. However, we provide more clarification here on why the 160 dB
threshold is appropriate when estimating take from acoustic sources
used during SEFSC research activities. NMFS historically has referred
to the 160 dB threshold as the impulsive threshold, and the 120 dB
threshold as the continuous threshold, which in and of itself is
conflicting as one is referring to pulse characteristics and the other
is referring to the temporal component. A more accurate term for the
impulsive threshold is the intermittent threshold. This distinction is
important because, when assessing the potential for hearing loss (PTS
or TTS) or non-auditory injury (e.g., lung injury), the spectral
characteristics of source (impulsive vs. non-impulsive) is critical to
assessing the potential for such impacts. However, for behavior, the
temporal component is more appropriate to consider. Gomez et al. (2016)
conducted a systematic literature review (370 papers) and analysis (79
studies, 195 data cases) to better assess probability and severity of
behavioral responses in marine mammals exposed to anthropogenic sound.
They found a significant relationship between source type and
behavioral response when sources were split into broad categories that
reflected whether sources were continuous, sonar, or seismic (the
latter two of which are intermittent sources). Moreover, while Gomez et
al (2017) acknowledges acoustically sensitive species (beaked whales
and harbor porpoise), the authors do not recommend an alternative
method for categorizing sound sources for these species when assessing
behavioral impacts from noise exposure.
To apply the continuous 120 dB threshold to all species based on
data from known acoustically sensitive species (one species of which is
the harbor porpoise which is likely to be rarely encountered in the ARA
and do not inhabit the GOMRA or CRA) is not warranted as it would be
unnecessarily conservative for non-sensitive species. Qualitatively
considered in our effects analysis below is that beaked whales and
harbor porpoise are more acoustically sensitive than other cetacean
species, and thus are more likely to demonstrate overt changes in
behavior when exposed to such sources. Further, in absence of very
sophisticated acoustic modeling, our propagation rates are also
conservative. Therefore, the distance to the 160 dB threshold is
[[Page 6618]]
likely much closer to the source than calculated. In summary, the
SEFSC's proposed activity includes the use of intermittent sources
(scientific sonar). Therefore, the 160 dB re 1 [mu]Pa (rms) threshold
is applicable when quantitatively estimating take by behavioral
harassment incidental to SEFSC scientific sonar for all marine mammal
species.
Level A harassment for non-explosive sources--NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (Technical Guidance, 2018) identifies dual criteria to
assess auditory injury (Level A harassment) to five different marine
mammal groups (based on hearing sensitivity) as a result of exposure to
noise from two different types of sources (impulsive or non-impulsive).
However, as described in greater detail in the Potential Effects
section, given the highly direction, e.g.,narrow beam widths, NMFS does
not anticipate animals would be exposed to noise levels resulting in
PTS. Therefore, the Level A criteria do not apply here and are not
discussed further; NMFS is proposing take by Level B harassment only.
The operating frequencies of active acoustic systems used by the
SEFSC sources range from 18-333 kHz (see Table 2). These frequencies
are within the very upper hearing range limits of baleen whales (7 Hz
to 35 kHz). The Simrad EK60 may operate at frequency of 18 kHz which is
the only frequency that might be detectable by baleen whales. However,
the beam pattern is extremely narrow (11 degrees) at that frequency.
The Simrad ME70 echosounder, EQ50, and Teledyne RD ADCP operate at 50-
200 kHz which are all outside of baleen whale hearing capabilities.
Therefore, we would not expect any exposures to these signals to result
in behavioral harassment. The Simrad EK60 lowest operating frequency
(18 kHz) is within baleen whale hearing capabilities.
The assessment paradigm for active acoustic sources used in SEFSC
fisheries research mirrors approaches by other NMFS Science Centers
applying for regulations. It is relatively straightforward and has a
number of key simple and conservative assumptions. NMFS' current
acoustic guidance requires in most cases that we assume Level B
harassment occurs when a marine mammal receives an acoustic signal at
or above a simple step-function threshold. For use of these active
acoustic systems used during SEFSC research, NMFS uses the threshold is
160 dB re 1 [mu]Pa (rms) as the best available science indicates the
temporal characteristics of a source are most influential in
determining behavioral impacts (Gomez et al., 2016), and it is NMFS
long standing practice to apply the 160 dB threshold to intermittent
sources. Estimating the number of exposures at the specified received
level requires several determinations, each of which is described
sequentially below:
(1) A detailed characterization of the acoustic characteristics of
the effective sound source or sources in operation;
(2) The operational areas exposed to levels at or above those
associated with Level B harassment when these sources are in operation;
(3) A method for quantifying the resulting sound fields around
these sources; and
(4) An estimate of the average density for marine mammal species in
each area of operation.
Quantifying the spatial and temporal dimension of the sound
exposure footprint (or ``swath width'') of the active acoustic devices
in operation on moving vessels and their relationship to the average
density of marine mammals enables a quantitative estimate of the number
of individuals for which sound levels exceed the relevant threshold for
each area. The number of potential incidents of Level B harassment is
ultimately estimated as the product of the volume of water ensonified
at 160 dB rms or higher and the volumetric density of animals
determined from simple assumptions about their vertical stratification
in the water column. Specifically, reasonable assumptions based on what
is known about diving behavior across different marine mammal species
were made to segregate those that predominately remain in the upper 200
m of the water column versus those that regularly dive deeper during
foraging and transit. Methods for estimating each of these calculations
are described in greater detail in the following sections, along with
the simplifying assumptions made, and followed by the take estimates.
Sound source characteristics--An initial characterization of the
general source parameters for the primary active acoustic sources
operated by the SEFSC was conducted, enabling a full assessment of all
sound sources used by the SEFSC and delineation of Category 1 and
Category 2 sources, the latter of which were carried forward for
analysis here. This auditing of the active acoustic sources also
enabled a determination of the predominant sources that, when operated,
would have sound footprints exceeding those from any other
simultaneously used sources. These sources were effectively those used
directly in acoustic propagation modeling to estimate the zones within
which the 160 dB rms received level would occur.
Many of these sources can be operated in different modes and with
different output parameters. In modeling their potential impact areas,
those features among those given previously in Table 2 (e.g., lowest
operating frequency) that would lead to the most precautionary estimate
of maximum received level ranges (i.e., largest ensonified area) were
used. The effective beam patterns took into account the normal modes in
which these sources are typically operated. While these signals are
brief and intermittent, a conservative assumption was taken in ignoring
the temporal pattern of transmitted pulses in calculating Level B
harassment events. Operating characteristics of each of the predominant
sound sources were used in the calculation of effective line-kilometers
and area of exposure for each source in each survey (Table 10).
Table 10--Effective Exposure Areas for Predominant Acoustic Sources Across Two Depth Strata
----------------------------------------------------------------------------------------------------------------
Effective exposure area: Sea
Effective exposure area: Sea surface to depth at which
Active acoustic system surface to 200 m depth 160-dB threshold is reached
(km\2\) (km\2\)
----------------------------------------------------------------------------------------------------------------
Simrad EK60 narrow beam echosounder............... 0.0142 0.1411
Simrad ME70 multibeam echosounder................. 0.0201 0.0201
Simrad FS70 trawl sonar........................... 0.008 0.008
Simrad SX90 narrow beam sonar \1\................. 0.0654 0.1634
Teledyne RD Instruments ADCP, Ocean Surveyor...... 0.0086 0.0187
[[Page 6619]]
Simrad ITI trawl monitoring system................ 0.0032 0.0032
----------------------------------------------------------------------------------------------------------------
\1\ Exposure area varies greatly depending on the tilt angle setting of the SX90. To approximate the varied
usage this system might receive, the exposure area for each depth strata was averaged by assuming equal usage
at tilt angles of 5, 20, 45, and 80 degrees.
Calculating effective line-kilometers--As described below, based on
the operating parameters for each source type, an estimated volume of
water ensonified at or above the 160 dB rms threshold was calculated.
In all cases where multiple sources are operated simultaneously, the
one with the largest estimated acoustic footprint was considered to be
the effective source. Two depth zones were defined for each research
area: A Continental Shelf Region defined by having bathymetry 0-200 m
and an Offshore Region with bathymetry >200 m. Effective line distance
and volume insonified was calculated for each depth stratum (0-200 m
and > 200 m), where appropriate (i.e. in the Continental Shelf region,
where depth is <200 m, only the exposure area for the 0-200 m depth
stratum was calculated). In some cases, this resulted in different
sources being predominant in each depth stratum for all line km when
multiple sources were in operation. This was accounted for in
estimating overall exposures for species that utilize both depth strata
(deep divers). For each ecosystem area, the total number of line km
that would be surveyed was determined, as was the relative percentage
of surveyed linear km associated with each source. The total line km
for each vessel, the effective portions associated with each of the
dominant sound types, and the effective total km for operation for each
sound type is given in Tables 6-8a and 6-8b in SEFSC's application. In
summary, line transect kms range from 1149 to 3352 in the ARA and
16,797 to 30,146 km with sources operating 20-100 percent of the time
depending on the source.
Calculating volume of water ensonified--The cross-sectional area of
water ensonified to a 160 dB rms received level was calculated using a
simple spherical spreading model of sound propagation loss (20 log R)
such that there would be 60 dB of attenuation over 1,000 m. The
spherical spreading model accounted for the frequency dependent
absorption coefficient and the highly directional beam pattern of most
of these sound sources. For absorption coefficients, the most commonly
used formulas given by Francios and Garrison (1982) were used. The
lowest frequency was used for systems that are operated over a range of
frequencies. The vertical extent of this area is calculated for two
depth strata (surface to 200 m, and for deep water operations > 200 m,
surface to range at which the on-axis received level reaches 160 dB
RMS). This was applied differentially based on the typical vertical
stratification of marine mammals (see Tables 6-9 and 6-10 in SEFSC's
application).
For each of the three predominant sound sources, the volume of
water ensonified is estimated as the cross-sectional area (in square
kilometers) of sound at or above 160 dB rms multiplied by the total
distance traveled by the ship (see Table 6a and 6b in SEFSC's
application). Where different sources operating simultaneously would be
predominant in each different depth strata (e.g., ME70 and EK60
operating simultaneously may be predominant in the shallow stratum and
deep stratum, respectively), the resulting cross-sectional area
calculated took this into account. Specifically, for shallow-diving
species this cross-sectional area was determined for whichever was
predominant in the shallow stratum, whereas for deeper-diving species,
this area was calculated from the combined effects of the predominant
source in the shallow stratum and the (sometimes different) source
predominating in the deep stratum. This creates an effective total
volume characterizing the area ensonified when each predominant source
is operated and accounts for the fact that deeper-diving species may
encounter a complex sound field in different portions of the water
column.
Marine mammal densities--One of the primary limitations to
traditional estimates of behavioral harassment from acoustic exposure
is the assumption that animals are uniformly distributed in time and
space across very large geographical areas, such as those being
considered here. There is ample evidence that this is in fact not the
case, and marine species are highly heterogeneous in terms of their
spatial distribution, largely as a result of species-typical
utilization of heterogeneous ecosystem features. Some more
sophisticated modeling efforts have attempted to include species-
typical behavioral patterns and diving parameters in movement models
that more adequately assess the spatial and temporal aspects of
distribution and thus exposure to sound (e.g., Navy, 2013). While
simulated movement models were not used to mimic individual diving or
aggregation parameters in the determination of animal density in this
estimation, the vertical stratification of marine mammals based on
known or reasonably assumed diving behavior was integrated into the
density estimates used.
The marine mammal abundance estimates used for the ARA and GOM were
obtained from Stock Assessment Reports for the Atlantic and the Gulf of
Mexico ecosystem areas (Waring et al. 2012, 2013, 2014, and 2015), and
the best scientific information available to SEFSC staff. We note
abundances for cetacean stocks in western North Atlantic U.S. waters
are the combined estimates from surveys conducted by the NMFS Northeast
Fisheries Science Center (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, densities are based on abundance estimates from
central Virginia to central Florida and are reported in the stock
assessment report for each stock. For example, the fin whale abundance
estimate for the stock is 1,618. However, most of those animals occur
in the northeast with only about 23 individuals in the southeast where
SEFSC would occur. Therefore, an abundance estimate of 23 was used to
estimate density. Density estimates in areas where a species is known
to occur, but where published density data is absent were calculated
based on values published for the species in adjacent
[[Page 6620]]
regions by analogy and SEFSC expertise. For example, in the CRA there
are records of marine mammal species occurrence (e.g., Mignucci-
Giannoni 1998, Roden and Mullin 2000), However, area specific abundance
estimates are unavailable so the density estimates for the GOMRA were
used as proxies where appropriate to estimate acoustic take in the CRA.
There are a number of caveats associated with these estimates:
(1) They are often calculated using visual sighting data collected
during one season rather than throughout the year. The time of year
when data were collected and from which densities were estimated may
not always overlap with the timing of SEFSC fisheries surveys (detailed
previously in ``Detailed Description of Activities'').
(2) The densities used for purposes of estimating acoustic
exposures do not take into account the patchy distributions of marine
mammals in an ecosystem, at least on the moderate to fine scales over
which they are known to occur. Instead, animals are considered evenly
distributed throughout the assessed area, and seasonal movement
patterns are not taken into account.
In addition, and to account for at least some coarse differences in
marine mammal diving behavior and the effect this has on their likely
exposure to these kinds of often highly directional sound sources, a
volumetric density of marine mammals of each species was determined.
This value is estimated as the abundance averaged over the two-
dimensional geographic area of the surveys and the vertical range of
typical habitat for the population. Habitat ranges were categorized in
two generalized depth strata (0-200 m and 0 to greater than 200 m)
based on gross differences between known generally surface-associated
and typically deep-diving marine mammals (e.g., Reynolds and Rommel,
1999; Perrin et al., 2009). Animals in the shallow-diving stratum were
assumed, on the basis of empirical measurements of diving with
monitoring tags and reasonable assumptions of behavior based on other
indicators, to spend a large majority of their lives (i.e., greater
than 75 percent) at depths shallower than 200 m. Their volumetric
density and thus exposure to sound is therefore limited by this depth
boundary. In contrast, species in the deeper-diving stratum were
assumed to regularly dive deeper than 200 m and spend significant time
at these greater depths. Their volumetric density and thus potential
exposure to sound at or above the 160 dB rms threshold is extended from
the surface to the depth at which this received level condition occurs
(i.e., corresponding to the 0 to greater than 200 m depth stratum). The
volumetric densities are estimates of the three-dimensional
distribution of animals in their typical depth strata. For shallow-
diving species the volumetric density is the area density divided by
0.2 km (i.e., 200 m). For deeper diving species, the volumetric density
is the area density divided by a nominal value of 0.5 km (i.e., 500 m).
The two-dimensional and resulting three-dimensional (volumetric)
densities for each species in each ecosystem area are provided in Table
11.
Table 11--Abundances and Volumetric Densities Calculated for Each Species in SEFSC Research Areas Used in Take Estimation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Typical dive Continental Continental Offshore
depth strata shelf area Offshore shelf area area
Species \1\ Abundance ------------------ \2\ area \3\ volumetric volumetric
density (#/ density (#/ density (#/ density (#/
0-200 m >200 m km\2\) km\2\) km\3\) km\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic Research Area \4\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fin whale...................................... 23............................... X ....... ........... 0.00005 ........... 0.00025
Sperm whale.................................... 695.............................. ....... X ........... 0.00148 ........... 0.00296
Pygmy/dwarf sperm whales \5\................... 2,002............................ ....... X ........... 0.00426 ........... 0.00852
False killer whale............................. 442.............................. X ....... ........... 0.00094 ........... 0.00470
Beaked whales \5\.............................. 3,163............................ ....... X ........... 0.00673 ........... 0.01346
Risso's dolphin................................ 3,053............................ X ....... ........... 0.00650 ........... 0.03248
Short-finned pilot whale....................... 16,964........................... ....... X ........... 0.03610 ........... 0.07219
Short-beaked common dolphin.................... 2,993............................ X ....... ........... 0.00637 ........... 0.03184
Atlantic spotted dolphin....................... 17,917........................... X ....... 0.39209 0.03812 1.96043 0.19062
Pantropical spotted dolphin.................... 3,333............................ X ....... ........... 0.00709 ........... 0.03546
Striped dolphin................................ 7,925............................ X ....... ........... 0.01686 ........... 0.08431
Rough-toothed dolphin.......................... 271.............................. X ....... ........... 0.00058 ........... 0.00288
Bottlenose dolphin............................. 50,766 (offshore), 31,212 (cont. X ....... 0.25006 0.10802 1.25028 0.54010
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 whales \5\................... 184.............................. ....... X ........... 0.01857 ........... 0.00101
Pygmy killer whale............................. 152.............................. X ....... ........... 0.00080 ........... 0.00400
False killer whale............................. Unk.............................. X ....... ........... 0.00086 ........... 0.00432
Beaked whales \5\ \6\.......................... 149.............................. ....... X ........... 0.00925 ........... 0.00081
Melon-headed whale............................. 2,235............................ X ....... ........... 0.00487 ........... 0.02434
Risso's dolphin................................ 2,442............................ X ....... ........... 0.00523 ........... 0.02613
Short-finned pilot whale....................... 2,415............................ ....... X ........... 0.00463 ........... 0.00925
Atlantic spotted dolphin \7\................... 37,611........................... X ....... 0.09971 unk 0.49854 Unk
Pantropical spotted dolphin.................... 50,880........................... X ....... ........... 0.09412 ........... 0.47062
Striped dolphin................................ 1,849............................ X ....... ........... 0.00735 ........... 0.03677
Rough-toothed dolphin.......................... 624.............................. X ....... 0.00401 0.00664 0.02006 0.03322
Clymene dolphin \8\............................ 129.............................. X ....... ........... 0.00907 ........... 0.04537
Spinner dolphin................................ 11,441........................... X ....... ........... 0.01888 ........... 0.09439
Bottlenose dolphin............................. 5,806 (oceanic) 51,192 (cont. X ....... 0.29462 0.02347 1.47311 0.11735
shelf).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Caribbean Research Area \9\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sperm whale.................................... 763.............................. ....... X na 0.00438 na 0.008761
Pygmy/dwarf sperm whales \5\ \6\............... 186.............................. ....... X na 0.01857 na 0.00101
Killer whale................................... 184.............................. X ....... na 0.00000 na 0
[[Page 6621]]
Pygmy killer whale............................. 152.............................. X ....... na 0.00080 na 0.003998
False killer whale............................. Unk.............................. X ....... na 0.00086 na 0.004324
Beaked whales \5\ \6\.......................... 149.............................. ....... X na 0.00925 na 0.00081
Melon-headed whale............................. 2,235............................ X ....... na 0.00487 na 0.024343
Risso's dolphin................................ 2,442............................ X ....... na 0.00523 na 0.026132
Short-finned pilot whale....................... 2,415............................ ....... X na 0.00463 na 0.009255
Pantropical spotted dolphin.................... 50,880........................... X ....... na 0.09412 na 0.470615
Striped dolphin................................ 1,849............................ X ....... na 0.00735 na 0.036771
Fraser's dolphin............................... ................................. X ....... na 0.00000 na 0
Rough-toothed dolphin.......................... 624.............................. X ....... na 0.00664 na 0.03322
Clymene dolphin................................ 129.............................. X ....... na 0.00907 na 0.045365
Spinner dolphin................................ 11,441........................... X ....... na 0.01888 na 0.094389
Bottlenose dolphin............................. 5,806 (oceanic), 51,192 (cont. X ....... na 0.02347 na 0.117349
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, minke whale, humpback whale, melon-headed whale, pygmy killer whale, long-finned pilot whale, Fraser's dolphin,
spinner dolphin, Clymene dolphin, harbor porpoise, gray seal, and harbor seal; for the GOMRA--killer whale and Fraser's dolphin. This does not mean
they were all omitted for take as proxy species provided in this table were used to estimate take, where applicable.
\2\ Continental shelf area means 0-200 m bottom depth
\3\ Offshore area means 200 m bottom depth.
\4\ Abundances for cetacean stocks in western North Atlantic U.S. waters are the combined estimates from surveys conducted by the NEFSC from central
Virginia to the lower Bay of Fundy and surveys conducted by the SEFSC from central Virginia to central Florida. The SEFSC primary area of research is
south of central 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 abundant than visual
surveys suggest. Therefore, acoustic take estimates for these groups were based on abundance estimates extrapolated from acoustic mooring data (DWH-
NRDAT 2016).
\7\ The most reasonable estimate Atlantic spotted dolphin abundance is in the Gulf of Mexico is based on ship surveys of continental shelf waters
conducted from 2000-2001. In the Gulf of Mexico the continental shelf is the Atlantic spotted dolphin's primary habitat. Ship surveys have not been
conducted in shelf waters since 2001.
\8\ Three previous abundance estimates for the Clymene dolphin in the Gulf of Mexico were based surveys conducted over several years and estimates
ranged from 5,000 to over 17,000 dolphins. The current estimate is based on one survey in 2009 from the 200 m isobaths to the EEZ and is probably
negatively biased.
\9\ Estimates for the CRA are based on proxy values taken from the GOMRA where available and appropriate. Species omitted due to lack of data were
humpback whale, minke whale, Bryde's whale, and Atlantic spotted dolphin.
Using area of ensonification and volumetric density to estimate
exposures--Estimates of potential incidents of Level B harassment
(i.e., potential exposure to levels of sound at or exceeding the 160 dB
rms threshold) are then calculated by using (1) the combined results
from output characteristics of each source and identification of the
predominant sources in terms of acoustic output; (2) their relative
annual usage patterns for each operational area; (3) a source-specific
determination made of the area of water associated with received sounds
at either the extent of a depth boundary or the 160 dB rms received
sound level; and (4) determination of a volumetric density of marine
mammal species in each area. Estimates of Level B harassment by
acoustic sources are the product of the volume of water ensonified at
160 dB rms or higher for the predominant sound source for each portion
of the total line-kilometers for which it is used and the volumetric
density of animals for each species. However, in order to estimate the
additional volume of ensonified water in the deep stratum, the SEFSC
first subtracted the cross-sectional ensonified area of the shallow
stratum (which is already accounted for) from that of the deep stratum.
Source- and stratum-specific exposure estimates are the product of
these ensonified volumes and the species-specific volumetric densities
(Table 12). The general take estimate equation for each source in each
depth statrum is density * (ensonified volume * linear kms). If there
are multiple sources of take in both depth stata, individual take
estimates were summed. To illustrate, we use the ME70 and the
pantropical spotted dolphin, which are found only in the 0-200 m depth
stratum, as an example:
(1) ME70 ensonified volume (0-200 m) = 0.0201 km\2\
(2) Total Linear kms = 1,794 km (no pantropical spotted dolphins
are found on the shelf so those trackline distances are not included
here)
(3) Pantropical spotted dolphin density (0-200 m) = 0.47062
dolphins/km\3\
(4) Estimated exposures to sound >=160 dB rms = 0.47062
pantropical spotted dolphin/km\3\ * (0.0201 km\2\ * 1,794 km) = 16.9
(rounded up) = 17 estimated pantropical spotted dolphin exposures to
SPLs >= 160 dB rms resulting from use of the ME70.
Table 12--Estimated Source-, Stratum-, and Species-Specific Annual Estimates of Level B Harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Level B Harassment (#s of animals) Estimated Level B Harassment
in 0-200 m dive depth stratum in >200 m dive depth stratum Total
Species -------------------------------------------------------------------------------- calculated
EK60 ME70 EQ50 EK60 EQ50 take
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic Continental Shelf
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bottlenose dolphin...................................... 67.00 21.43 21.43 0.00 0.00 110
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 6622]]
Atlantic Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fin whale............................................... 0.02 0.00 0.00 0.00 0.00 1
Sperm whale............................................. 0.18 0.02 0.01 1.75 0.00 2
Pygmy/dwarf sperm whales................................ 0.52 0.06 0.02 5.03 0.00 6
False killer whale...................................... 0.29 0.03 0.01 0.00 0.00 1
Beaked whales........................................... 0.83 0.09 0.03 7.95 0.00 9
Risso's dolphin......................................... 2.00 0.21 0.08 0.00 0.00 3
Short-finned pilot whale................................ 4.43 0.48 0.17 42.65 0.00 48
Short-beaked common dolphin............................. 1.96 0.21 0.07 0.00 0.00 3
Atlantic spotted dolphin................................ 11.71 1.26 0.45 0.00 0.00 14
Pantropical spotted dolphin............................. 2.18 0.23 0.08 0.00 0.00 3
Striped dolphin......................................... 5.18 0.56 0.20 0.00 0.00 6
Rough-toothed dolphin................................... 0.18 0.02 0.01 0.00 0.00 1
Bottlenose dolphin...................................... 33.18 3.57 1.27 0.00 0.00 39
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico Continental Shelf
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic spotted dolphin................................ 161.80 12.95 22.75 0.00 0.00 198
Bottlenose dolphin...................................... 269.16 21.55 37.84 0.00 0.88 329
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bryde's whale........................................... 0.23 0.02 0.01 0.00 0.00 1
Sperm whale............................................. 1.58 00.15 0.06 15.04 0.06 17
Pygmy/dwarf sperm whales................................ 0.38 0.04 0.01 3.66 0.01 5
Pygmy killer whale...................................... 0.79 0.07 0.03 0.00 0.00 1
False killer whale...................................... 1.63 0.15 0.06 0.00 0.00 2
Beaked whales........................................... 0.31 0.03 0.01 2.93 0.01 4
Melon-headed whale...................................... 11.55 1.09 0.41 0.00 0.00 13
Risso's dolphin......................................... 15.78 1.49 0.55 0.00 0.00 18
Short-finned pilot whale................................ 4.99 0.47 0.18 0.00 0.00 4
Pantropical spotted dolphin............................. 179.45 16.97 6.31 0.00 0.00 203
Striped dolphin......................................... 14.02 1.33 0.49 0.00 0.00 16
Rough-toothed dolphin................................... 3.23 0.30 0.11 0.00 0.00 4
Clymene dolphin......................................... 0.67 0.06 0.02 0.00 0.00 1
Spinner dolphin......................................... 59.13 5.59 2.08 0.00 0.00 67
Bottlenose dolphin...................................... 44.75 4.23 1.57 0.00 0.00 51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Caribbean Offshore
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sperm whale............................................. 0.18 0.01 0.00 1.66 0.00 2
Pygmy/dwarf sperm whales................................ 0.38 0.04 0.01 3.66 0.01 5
Pygmy killer whale...................................... 0.09 0.00 0.00 0.00 0.00 1
False killer whale...................................... 0.19 0.00 0.00 0.00 0.00 1
Beaked whales........................................... 0.31 0.03 0.01 2.93 0.01 4
Melon-headed whale...................................... 1.34 0.03 0.01 0.00 0.00 2
Risso's dolphin......................................... 1.83 0.04 0.02 0.00 0.00 2
Short-finned pilot whale................................ 0.58 0.01 0.01 0.00 0.00 1
Pantropical spotted dolphin............................. 20.80 0.50 0.23 0.00 0.00 22
Striped dolphin......................................... 1.63 0.04 0.02 0.00 0.00 2
Rough-toothed dolphin................................... 1.47 0.04 0.02 0.00 0.00 1
Clymene dolphin......................................... 0.08 0.05 0.02 0.00 0.00 1
Spinner dolphin......................................... 6.85 0.16 0.07 0.00 0.00 8
Bottlenose dolphin...................................... 5.19 0.12 0.06 0.00 0.00 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
In some cases, the calculated Level B take estimates resulted in
low numbers of animals which are known to be gregarious or travel in
group sizes larger than the calculated take estimate. In those cases,
we have adjusted the requested take in the application to reflect those
groups sizes (see proposed take column in Table 13).
Table 13--Calculated and Proposed Level B Take Estimates
----------------------------------------------------------------------------------------------------------------
Calculated Avg. group
Common name MMPA stock take size \1\ Proposed take
----------------------------------------------------------------------------------------------------------------
Fin whale............................. Western North Atlantic.. 1 2 4
[[Page 6623]]
Blue whale............................ Western North Atlantic.. N/A 2 4
Bryde's whale......................... Northern Gulf of Mexico. 1 2 4
Sperm whale........................... North Atlantic.......... 2 2.1 4
Northern Gulf of Mexico. 17 2.6 17
Puerto Rico and U.S. 4 unk 4
Virgin Islands.
Pygmy/dwarf sperm whale \1\........... Western North Atlantic.. 6 1.9 10
Northern Gulf of Mexico. 5 2 6
Northern Gulf of Mexico 5 2 6
(CRA).
Beaked whale \2\...................... Western North Atlantic.. 9 2.3 9
Northern Gulf of Mexico 4 2 4
(GOMRA).
Northern Gulf of Mexico 4 2 4
(CRA).
Melon-headed whales................... Northern Gulf of Mexico. 13 99.6 100
Risso's dolphin....................... Western North Atlantic.. 3 15.4 15
Northern Gulf of Mexico. 18 10.2 10
Puerto Rico and U.S. 2 10.2 10
Virgin Island.
Short-finned pilot whales............. Western North Atlantic.. 48 16.6 48
Northern Gulf of Mexico. 6 24.9 25
Puerto Rico and U.S. 1 unk 20
Virgin Islands.
Common dolphin........................ Western North Atlantic.. 3 267.2 268
Atlantic spotted dolphin.............. Western North Atlantic.. 14 37 37
Northern Gulf of Mexico. 198 22 198
Puerto Rico and U.S. unk unk 50
Virgin Islands.
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 39 11.8 39
(offshore).
Western North Atlantic 110 10 110
(coastal/continental
shelf).
Northern Gulf of Mexico \2\ 329 10 \2\ 350
(coastal).
Northern Gulf of Mexico 329 10 350
(continental shelf).
Northern Gulf of Mexico 51 20.6 100
(oceanic).
Puerto Rico and U.S. 6 unk 50
Virgin Islands.
Rough-toothed dolphin................. Western North Atlantic.. 1 8 10
Northern Gulf of Mexico. 4 14.1 20
Clymene dolphin....................... Western North Atlantic.. 20 110 100
Northern Gulf of Mexico. 1 89.5 100
Spinner dolphin....................... Western North Atlantic.. unk unk 100
Northern Gulf of Mexico. 16 151.5 200
Puerto Rico and U.S. n/a unk 50
Virgin Islands.
Pygmy killer whale.................... Northern Gulf of Mexico. 1 18.5 20
False killer whale.................... Western North Atlantic.. 1 unk 20
Northern Gulf of Mexico. n/a 27.6 20
Harbor porpoise....................... Gulf of Maine/Bay of n/a \3\ 8 16
Fundy.
----------------------------------------------------------------------------------------------------------------
\1\ Groups sizes based on Fulling et al., 2003; Garrison et al., 2011; Mullin et al., 2003; and Mullin et al.,
2004.
\2\ We note the SEFSC's application did not request take, by Level B harassment, of bottlenose dolphins
belonging to coastal stocks; however, because surveys occur using scientific sonar in waters where coastal
dolphins may occur, we are proposing to issue the same amount of Level B take as requested for the continental
shelf stock.
\3\ The American Cetacean Society reports average group size of harbor porpoise range from 6 to 10 individuals.
We propose an average group size of 8 for the ARA which is likely conservative given the low density of
animals off North Carolina. Given the short and confined spatio-temporal scale of SEFSC surveys in North
Carolina during winter months, we assume two groups per year could be encountered.
Proposed Mitigation
In order to issue an incidental take authorization under Section
101(a)(5)(A or D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, ``and other means of
effecting the least practicable impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking'' for certain subsistence uses. NMFS regulations
require applicants for incidental take authorizations to include
information about the availability and feasibility (economic and
technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned) the likelihood of effective implementation (probability
implemented as planned). and; (2) the practicability of the measures
for
[[Page 6624]]
applicant implementation, which may consider such things as cost,
impact on operations, and, in the case of a military readiness
activity, personnel safety, practicality of implementation, and impact
on the effectiveness of the military readiness activity.
SEFSC Mitigation for Marine Mammals and Their Habitat
The SEFSC has invested significant time and effort in identifying
technologies, practices, and equipment to minimize the impact of the
proposed activities on marine mammal species and stocks and their
habitat. The mitigation measures discussed here have been determined to
be both effective and practicable and, in some cases, have already been
implemented by the SEFSC. In addition, the SEFSC is actively conducting
research to determine if gear modifications are effective at reducing
take from certain types of gear; any potentially effective and
practicable gear modification mitigation measures will be discussed as
research results are available as part of the adaptive management
strategy included in this rule. As for other parts of this rule, all
references to the SEFSC, unless otherwise noted, include requirements
for all partner institutions identified in the SEFSC's application.
Coordination and communication--When SEFSC survey effort is
conducted aboard NOAA-owned vessels, there are both vessel officers and
crew and a scientific party. Vessel officers and crew are not composed
of SEFSC staff, but are employees of NOAA's Office of Marine and
Aviation Operations (OMAO), which is responsible for the management and
operation of NOAA fleet ships and aircraft and is composed of uniformed
officers of the NOAA Commissioned Corps as well as civilians. The
ship's officers and crew provide mission support and assistance to
embarked scientists, and the vessel's Commanding Officer (CO) has
ultimate responsibility for vessel and passenger safety and, therefore,
decision authority. When SEFSC-funded surveys are conducted aboard
cooperative platforms (i.e., non-NOAA vessels), ultimate responsibility
and decision authority again rests with non-SEFSC personnel (i.e.,
vessel's master or captain). Decision authority includes the
implementation of mitigation measures (e.g., whether to stop deployment
of trawl gear upon observation of marine mammals). The scientific party
involved in any SEFSC survey effort is composed, in part or whole, of
SEFSC staff and is led by a Chief Scientist (CS). Therefore, because
the SEFSC--not OMAO or any other entity that may have authority over
survey platforms used by the SEFSC--is the applicant to whom any
incidental take authorization issued under the authority of these
proposed regulations would be issued, we require that the SEFSC take
all necessary measures to coordinate and communicate in advance of each
specific survey with OMAO, and other relevant parties, to ensure that
all mitigation measures and monitoring requirements described herein,
as well as the specific manner of implementation and relevant event-
contingent decision-making processes, are clearly understood and
agreed-upon. This may involve description of all required measures when
submitting cruise instructions to OMAO or when completing contracts
with external entities. The SEFSC will coordinate and conduct briefings
at the outset of each survey and as necessary between ship's crew (CO/
master or designee(s), as appropriate) and scientific party in order to
explain responsibilities, communication procedures, marine mammal
monitoring protocol, and operational procedures. SEFSC will also
coordinate as necessary on a daily basis during survey cruises with
OMAO personnel or other relevant personnel on non-NOAA platforms to
ensure that requirements, procedures, and decision-making processes are
understood and properly implemented. The CS will be responsible for
coordination with the Officer on Deck (OOD; or equivalent on non-NOAA
platforms) to ensure that requirements, procedures, and decision-making
processes are understood and properly implemented.
For fisheries research being conducted by partner entities, it
remains the SEFSC's responsibility to ensure those partners are
communicating and coordinating with the SEFSC, receiving all necessary
marine mammal mitigation and monitoring training, and implementing all
required mitigation and monitoring in a manner compliant with the
proposed rule and LOA. The SEFSC will incorporate specific language
into its contracts that specifies training requirements, operating
procedures, and reporting requirements for protected species that will
be required for all surveys conducted by research partners, including
those conducted on chartered vessels. To facilitate this requirement,
SEFSC would be required to hold at least one training per year with at
least one representative from each partner institution (preferably
chief scientists of the fishery independent surveys discussed in this
rule) to review the proposed mitigation, monitoring and reporting
requirements. The SEFSC would also provide consistent, timely support
throughout the year to address any questions or concerns researchers
may have regarding these measures.
SEFSC would also be required to establish and maintain cooperating
partner working group(s) to identify circumstances of a take should it
occur and any action necessary to avoid future take. Each working group
shall consist of at least one SEFSC representative knowledgeable of the
mitigation, monitoring and reporting requirements contained within
these regulations, one or more research institution or SEFSC
representative(s) (preferably researcher(s) aboard vessel when take or
risk of take occurred), one or more staff from NMFS Southeast Regional
Office Protected Resources Division, and one or more staff from NMFS
Office of Protected Resources. At the onset of these regulations, SEFSC
shall maintain the recently established SCDNR working group to identify
actions necessary to reduce the amount of take from SCDNR trawling.
Other working groups shall be established if a partner takes more than
one marine mammal within 5 years to identify circumstances of marine
mammal take and necessary action to avoid future take. Each working
group shall meet at least once annually. The SEFSC will maintain a
centralized repository for all working group findings to facilitate
sharing and coordination.
While at sea, best professional judgement is used to determine if a
marine mammal is at risk of entanglement/hooking and if and what type
of actions should be taken to decrease risk of interaction. To improve
judgement consistency across the region, the SEFSC will initiate a
process for SEFSC and partner institution FPCs, SWLs, scientists, and
vessel captains and crew to communicate with each other about their
experiences with protected species interactions during research work
with the goal of improving decision-making regarding avoidance of
adverse interactions. The SEFSC will host at least one training
annually (may be combined with other training requirements) to inform
decision-makers of various circumstances that may arise during surveys,
necessary action, and follow-up coordination and reporting of instances
of take or possible take. The intent of this new training program would
be to draw on the collective experience of people who have been making
those decisions, provide a forum for the exchange of information about
what went right and what went wrong, and try to determine if there are
any rules-
[[Page 6625]]
of-thumb or key factors to consider that would help in future decisions
regarding avoidance practices. The SEFSC would coordinate not only
among its staff and vessel captains and crew but also with those from
other fisheries science centers, research partners, the Southeast
Regional Office, and other institutions with similar experience.
The SEFSC will coordinate with the local Southeast Regional
Stranding Coordinator and the NMFS Stranding Coordinator for any
unusual protected species behavior and any stranding, beached live/
dead, or floating protected species that are encountered during field
research activities. If a large whale is alive and entangled in fishing
gear, the vessel will immediately call the U.S. Coast Guard at VHF Ch.
16 and/or the appropriate Marine Mammal Health and Stranding Response
Network for instructions. All entanglements (live or dead) and vessel
strikes must be reported immediately to the NOAA Fisheries Marine
Mammal Stranding Hotline at 1-877-433-8299.
General Fishing Gear Measures
The following measures describe mitigation application to all SEFSC
surveys while measures specific to gear types follow. SEFSC will take
all necessary measures to avoid marine mammal interaction with fishing
gear used during fishery research surveys. This includes implementing
the move-on rule (when applicable), which means delaying setting gear
when marine mammals are observed at or approaching the sampling site
and are deemed to be at-risk of becoming entangled or hooked on any
type of fishing gear, and immediately pulling gear from the water when
marine mammals are deemed to be at-risk of becoming entangled or hooked
on any type of fishing gear. SEFSC will, at all times, monitor for any
unusual circumstances that may arise at a sampling site and use best
professional judgment to avoid any potential risks to marine mammals
during use of all research equipment.
In some cases, marine mammals may be attracted to the vessel during
fishing. To avoid increased risk of interaction, the SEFSC will conduct
fishery research sampling as soon as practicable upon arriving at a
sampling station and prior to conducting environmental sampling. If
fishing operations have been suspended because of the presence of
marine mammals, SEFSC may resume fishing operations when interaction
with marine mammals is deemed unlikely. SEFSC may use best professional
judgment in making this determination. SEFSC shall coordinate with all
research partners, at least once annually, to ensure mitigation,
monitoring and reporting requirements, procedures and decision-making
processes contained within the proposed regulations and LOA are
understood. All vessels must comply with applicable and relevant take
reduction plans, including any required soak time limits and gear
length restrictions.
Trawl Mitigation Measures
The SEFSC and research partners use a variety of bottom trawl gears
for different research purposes. These trawl types include various
shrimp trawls (otter, western jib, mongoose, Falcon), high-opening
bottom trawls, and flat net bottom trawls (see Table 1-1 and Appendix A
in the DPEA). The SEFSC and its research partners also use modified
beam trawls and benthic trawls pulled by hand that are not considered
to pose a risk to protected species due to their small size and very
short tow durations. Therefore, these smaller, hand pulled trawls are
not subject to the mitigation measures provided here.
The following mitigation measures apply for trawl surveys:
Limit tow times to 30 minutes (except for sea turtle
research trawls);
open codend close to deck/sorting table during haul back
to avoid damage to animals that may be caught in gear and empty gear as
quickly as possible after retrieval haul back;
delay gear deployment if marine mammals are believed to be
at-risk of interaction;
retrieve gear immediately if marine mammals is believed to
be entangled or at-risk of entanglement;
implement marine mammal mitigation measures included in
the NMFS ESA Scientific Research permit under which a survey may be
operating;
dedicated marine mammal observations shall occur at least
15 minutes to beginning of net deployment; this watch may include
approach to the sampling station;
at least one scientist will monitor for marine mammals
while the trawl is deployed and upon haul-back;
minimize ``pocketing'' in areas of the net where dolphin
depredation evidence is commonly observed; and
continue investigation into gear modifications (e.g.,
stiffening lazy lines) and e.g., the effectiveness of gear
modification.
In 2008, standard tow durations for fishery bottom trawl surveys
were reduced from 55 minutes to 30 minutes or less at target depth
(excluding deployment and retrieval time). These short tow durations
decrease the opportunity for curious marine mammals to find the vessel
and investigate. Tow times are less than the 55 minute tow time
restriction required for commercial shrimp trawlers not using turtle
excluder devices (TEDs) (50 CFR 223.206). The resulting tow distances
are typically one to two nm or less, depending on the survey and trawl
speed. Short tow times reduce the likelihood of entangling protected
species.
The move-on rule will be applied to all oceanic deep water trawls
if sightings occur anywhere around vessel (within 2 nm) during a 30
minute pre-gear deployment monitoring timeframe. Vessels will move away
if animals appear at risk or trawling will be delayed until marine
mammals have not been sighted for 30 min or otherwise determined to no
longer be at risk. If animals are still at risk after moving or 30
minutes have lapsed, the vessel will move again or the station will be
skipped.
Bottom trawl surveys conducted for purposes of researching gears
designed to reduce sea turtle interaction (e.g., turtle exclusion
device (TED) testing) and develop finfish bycatch mitigation measures
for commercial trawl fisheries may have tow times of up to four hours.
These exceptions to the short tow duration protocols are necessary to
meet research objectives. TEDs are used in nets that are towed in
excess of 55 minutes as required by 50 CFR 223.206. When research
objectives prevent the installation of TEDs, tow time limits will match
those set by commercial fishing regulations such as the skimmer trawl
fishery which has a 55 min tow time limit. This research is covered
under the authority of the ESA and the regulations governing the
taking, importing, and exporting of endangered and threatened species
(50 CFR parts 222-226). The SEFSC began using skimmer trawls in their
TED testing in 2012. Mitigation measures in Scientific Research permit
20339, issued May 23, 2017, include:
Trawling must not be initiated when marine mammals (except
dolphins or porpoises) are observed within the vicinity of the research
and the marine mammals must be allowed to either leave or pass through
the area safely before trawling is initiated;
Researchers must make every effort to prevent interactions
with marine mammals and researchers must be aware of the presence and
location of these animals at all times as they conduct trawling
activities;
[[Page 6626]]
During skimmer trawl surveys, a minimum of two staff, one
on each side (port/starboard) of the vessel, must inspect the gear
every five minutes to monitor for the presence of marine mammals,
Prior to retrieving the skimmer trawl tail bags, the
vessel must be slowed from the active towing speed to 0.5-1.0 kn;
If a marine mammal enters the net, becomes entangled or
dies, researchers must (a) stop trawling activities and immediately
free the animal, (b) notify the appropriate NMFS Regional Stranding
Coordinator as soon as possible and (c) report the incident (permitted
activities will be suspended until the Permits Division has granted
approval to continue research); and
Video monitoring of the TED must be used when trawling
around Duck, North Carolina, to reduce take of Atlantic sturgeon
(although this requirement is not geared toward marine mammals, the
camera feed can be used to observe marine mammals to inform decisions
regarding implementing mitigation).
The SEFSC also holds an ESA-research permit to assess sea turtle
abundance, stock identification, life history, and impacts of human
activities; determine sea turtle movements, fine-scale habitat
characteristics and selection, and delineation of foraging and nursery
areas; and examine how sea turtle distributions correlate with temporal
trends and environmental data (Scientific Research Permit 16733-04).
That research permit includes a number of marine mammal conditions that
must be followed and are incorporated into this proposed rule by
reference:
Trawl tow times must not exceed 30 minutes (bottom time)
except in cases when the net is continuously monitored with a real-time
video camera or multi-beam sonar system;
Haul back must begin once a sea turtle or marine mammal
enters the net regardless of time limits;
Seine net pulls must not exceed 45 minutes as part of a 2-
hour deployment;
Nets must not be put in the water and trawls must not be
initiated when marine mammals are observed within the vicinity of the
research;
Marine mammals must be allowed to either leave or pass
through the area safely before net setting or trawling is initiated;
Researchers must make every effort to prevent interactions
with marine mammals;
Researchers must be aware of the presence and location of
these animals at all times as they conduct activities;
During skimmer trawl surveys, a minimum of two staff, one
on each side (port/starboard) of the vessel, must inspect the gear
every five minutes to monitor for the presence of marine mammals;
Prior to retrieving the skimmer trawl tail bags, the
vessel must be slowed from the active towing speed to 0.5-1.0 kn;
Should marine mammals enter the research area after the
seine or tangle nets have been set, the lead line must be raised and
dropped in an attempt to make marine mammals in the vicinity aware of
the net;
If marine mammals remain within the vicinity of the
research area, tangle or seine nets must be removed; and
If a marine mammal enters the trawl net, becomes entangled
or captured, researchers must stop activities and immediately free the
animal, notify the NMFS Southeast Regional Stranding Coordinator as
soon as possible, report the incident within 2 weeks and, in addition
to the written report, the Permit Holder must contact the Permits
Division.
Other mitigation measures are included in research permit 16733-04
that are designed for sea turtles but also have benefits to minimizing
entanglement of marine mammals. These include:
Highly visible buoys must be attached to the float line of
each net and spaced at intervals of 10 yards or less; Nets must be
checked at intervals of less than 30 minutes, and more frequently
whenever turtles or other organisms are observed in the net. If water
temperatures are <=10 [deg]C or >=30 [deg]C, nets must be checked at
less than 20-minute intervals (``net checking'' is defined as a
complete and thorough visual check of the net either by snorkeling the
net in clear water or by pulling up on the top line such that the full
depth of the net is viewed along the entire length); The float line of
all nets must be observed at all times for movements that indicate an
animal has encountered the net (when this occurs the net must be
immediately checked). During diver assisted gear evaluations (SEFSC
Small Turtle TED Testing and Gear Evaluations), dive teams are deployed
on the trawls while they are being towed. During this research, divers
actively monitor the gear for protected species interactions and use
emergency signal floats to notify the vessel if an interaction occurs.
When the signal float is deployed the vessel terminates the tow and
slows the gear down to a minimal forward speed of less than 0.5 knots,
which allows divers to assist the protected species escape.
Live feed video or sonar monitoring of the trawl may be used in
lieu of tow time limits. This mitigation measure is also used in
addition to TEDs during some projects. Video or sonar feeds are
monitored for the duration of the tow. If a TED is not installed in the
trawl and a protected species is observed in the trawl then the tow is
immediately terminated. If a TED is installed and a marine mammal is
observed to have difficulty escaping through the TED opening, or the
individual is lost from the video or sonar feed then the tow is
immediately terminated. For all trawl types, the lazy line is a source
of entanglement. In particular, dolphins like to rub the line. Loose
lines are prone to create a half-hitch around their tail. Therefore, to
mitigate this type of interaction, the SEFSC Harvesting Systems Unit
(HSU) has conducted limited research examining the potential use of
lazy lines constructed of alternative materials designed to reduce
marine mammal entanglement with respect to material, thickness, and
stiffness. Polyester rope, also known as Dacron, may be a suitable
alternative to traditionally used polypropylene. Polyester rope is UV
and abrasion resistant and has less elasticity than nylon, but does not
lose strength when wet. Polyester, like polypropylene, does not absorb
water, but has a higher specific gravity (1.38), which causes it to
sink. Polyester can be constructed using a process that results in a
medium or hard lay rope that that is stiff, avoids hockling (a twist in
the line which gets caught in a block) and is self-coiling when loaded
or unloaded off a capstan or gear hauler. The high specific gravity of
this type of rope may pose a snagging or hang-up hazard when used as a
lazy line in trawl operations. However, the smooth feel of the rope
compared to polypropylene may reduce the attractiveness of the line to
the rubbing behavior of bottlenose dolphin.
In 2007, the HSU conducted preliminary NOAA diver assisted trials
with High Density Polyethylene (HDPE) rope as a replacement for
traditional polypropylene. Compared to polypropylene, HDPE polyethylene
has similar properties including negligible water absorption, UV
resistance, and low specific gravity, which allows it to float.
However, HDPE polyethylene may be constructed with a harder lay than
traditional polypropylene rope. Divers found that half-hitching the
line was more difficult than traditional polypropylene line. However,
operational trials were not conducted to examine performance and
usability
[[Page 6627]]
aboard the vessel during extended fishing operations.
Another alternative may be replacement of the lazy line with \3/8\
in. stainless steel cable or replacement of the aft portion of the lazy
line with \3/8\ in. stainless steel cable. Replacement of the entire
lazy line with cable would require block replacement and the use of
dedicated winches for hauling the gear. Replacing the aft portion of
the lazy line, where bottlenose dolphins typically interact with the
line, would not require any changes as long as the rope to cable
connection is able to smoothly pass through existing blocks. However,
each of these changes would result in sinking and potential snagging or
hang-up hazards. These modifications are also not without consequences.
Lazy line modifications may require vessel equipment changes (e.g.,
blocks on research vessels) or may change the effectiveness of the
catch, precluding comparison of new data to long-term data sets. In
2017, the HSU conducted a follow-up study, funded by NMFS Office of
Science and Technology, to further investigate gear modification and
the potential effectiveness at reducing dolphin entanglement.
The following summarizes HSU's 2017 research efforts on shrimp
trawl gear modification which was carried out to inform development of
this proposed rule (the fully report can be found at https://www.fisheries.noaa.gov/node/23111). Gearhart and Hathaway (2018)
provide the following summary of research methods and findings: From
June 9-22, 2017, HSU conducted gear evaluations in Panama City,
Florida, with various lazy lines and configurations. In addition to
traditional polypropylene, three types of 3 strand rope were examined;
Samson Ultra-Blue Medium Hard Lay (MHL); Samson SSR 100 MHL; and Samson
XLR. Vertical and horizontal profiles of each rope type were measured
with and without a ``sugar line'' attached in a twin-rigged trawl
configuration. In addition, dolphin interactions were simulated by NMFS
divers with an aluminum dolphin fluke model. Results indicate that the
vertical profiles were reduced and horizontal profiles increased for
all rope types when a 25 ft (7.6 m) ``sugar line'' was added. Due to
differences in elasticity when compared to polypropylene, the
alternative rope types experienced greater tension with vertical
profiles flattening, while the polypropylene rope maintained vertical
relief. Results of simulated dolphin interactions were inconclusive
with divers able to introduce half-hitch loops around the model fluke
with both polypropylene and the stiffest alternative rope, Samson SSR
100 MHL. However divers commented that it was more difficult to
introduce the loop in the stiffer Samson SSR 100 MHL than the
polypropylene line and more difficult to introduce the loop along the
outer portion of the lazy line with the sugar line attached due to the
increased tension on the line. Use of an alternative stiffer line with
low stretch in combination with a short sugar line may reduce the
potential for bottlenose dolphin takes on lazy lines. However,
additional usability research is needed with these alternative rope
types to see how they perform under commercial conditions. Finally,
more directed dolphin/lazy line interaction behavior research is needed
to better understand the modes of interaction and provide conservation
engineers with the knowledge required to better formulate potential
solutions.
Given the report's results and recommendations, NMFS is not
requiring the SEFSC implement lazy line modifications at this time.
However, as an adaptive management strategy, NMFS will be periodically
assessing lazy line modification as a potential mitigation measure in
this and future regulations. NMFS will continue to work with the SEFSC
to determine if gear modifications such as stiffer lazy lines are both
warranted and practicable to implement. Should the SEFSC volunteer to
modify trawl lazy lines, NMFS will work with the researchers to
identify any potential benefit and costs to doing so.
In addition to interactions with the lazy line, the SEFSC has
identified that holes in trawl nets resulting from dolphin depredation
are most numerous around net ``pockets'' where fish congregate.
Reinforcing these more vulnerable sections of the net could help reduce
entanglement. Similar to lazy line modification investigations, this
potential mitigation measure will be further examined to determine its
effectiveness and practicability. The proposed regulations identify
``pocketing'' of the net should be minimized.
Finally, marine mammal monitoring will occur during all trawls.
Bottlenose dolphins are consistently interacting with research trawls
in the estuary and nearshore waters and are seemingly attracted to the
vessel, with most dolphins converging around the net during haul-back
(SCDNR Working Group, pers. comm., February 2, 2016). This makes it
difficult to ``lose'' dolphins, even if moving stations. Due to the
known persistent behavior of dolphins around trawls in the estuary and
nearshore waters, the move-on rule will not be required for such
surveys. However, the chief scientist and/or vessel captain will be
required to take immediate action to reduce dolphin interaction should
animals appear to be at risk or are entangled in the net. For skimmer
trawl research, both the lazy line and net can be monitored from the
vessel. However, this is not possible for bottom trawls. Therefore, for
bottom trawls, researchers should use best professional judgement to
determine if gear deployment should be delayed or hauled. For example,
the SCDNR has noted one instance upon which dolphins appeared
distressed, evident by the entire group converging on the net during
haul-back. They quickly discovered a dolphin was entangled in the net.
This and similar types of overt distress behaviors should be used by
researchers monitoring the net to identify potential entanglement,
requiring the net be hauled-in immediately and quickly.
Pelagic trawls conducted in deep water (500-800 m deep) are
typically mid-water trawls and occur in oceanic waters where marine
mammal species diversity is greater increased compared to the coast or
estuaries. Oceanic species often travel in very large groups and are
less likely to have prior encounters and experience with trawl gear
than inshore bottlenose dolphins. For these trawls, a dedicated marine
mammal observer would observe around the vessel for no less than 30
minutes prior to gear deployment. If a marine mammal is observed within
2 nm of the vessel, gear deployment would be delayed until that animal
is deemed to not be at risk of entanglement (e.g., the animal is moving
on a path away from the vessel) or the vessel would move to a location
absent of marine mammals and deploy gear. If trawling operations have
been delayed because of the presence of protected species, the vessel
resumes trawl operations (when practicable) only when these species
have not been sighted within 30 minutes or are determined to no longer
be at risk (e.g., moving away from deployment site). If the vessel
moves, the required 30-minute monitoring period begins again. In
extreme circumstances, the survey station may need to be cancelled if
animals (e.g., delphinids) follow the vessel. In addition to
implementing the ``move-on'' rule, all trawling would be conducted
first to reduce the opportunity to attract marine mammals to the
vessel. However, the order of gear deployment is at the discretion of
the FPC or SWL based on environmental conditions. Other activities,
such as
[[Page 6628]]
water sampling or plankton tows, are conducted in conjunction with, or
upon completion of, trawl activities.
Once the trawl net is in the water, the officer on watch, FPC or
SWL, and/or crew standing watch continue to monitor the waters around
the vessel and maintain a lookout for protected species as far away as
environmental conditions allow. If protected species are sighted before
the gear is fully retrieved, the most appropriate response to avoid
incidental take is determined by the professional judgment of the FPC
or SWL, in consultation with the officer on watch. These judgments take
into consideration the species, numbers, and behavior of the animals,
the status of the trawl net operation (net opening, depth, and distance
from the stern), the time it would take to retrieve the net, and safety
considerations for changing speed or course. Most marine mammals have
been caught during haul-back operations, especially when the trawl
doors have been retrieved and the net is near the surface and no longer
under tension. In some situations, risk of adverse interactions may be
diminished by continuing to trawl with the net at depth until the
protected species have left the area before beginning haul-back
operations. In other situations, swift retrieval of the net may be the
best course of action. The appropriate course of action to minimize the
risk of incidental take of protected species is determined by the
professional judgment of the FPC or SWL based on all situation
variables, even if the choices compromise the value of the data
collected at the station. Care is taken when emptying the trawl,
including opening the codend as close as possible to the deck of the
checker (or sorting table) in order to avoid damage to protected
species that may be caught in the gear but are not visible upon
retrieval. The gear is emptied as quickly as possible after retrieval
in order to determine whether or not protected species are present.
Seine Nets
The SEFSC will implement the following mitigation measures when
fishing with seine nets (e.g., gillnets, trammel nets):
Conduct gillnet and trammel net research activities during
daylight hours only;
Limit soak times to the least amount of time required to
conduct sampling;
Conduct dedicated marine mammal observation monitoring
beginning 15 minutes prior to deploying the gear and continue through
deployment and haulback;
Hand-check the net every 30 minutes if soak times are
longer than 30 minutes or immediately if disturbance is observed;
Pull gear immediately if disturbance in the nets is
observed;
Reduce net slack and excess floating and trailing lines;
Repair damaged nets prior to deploying; and
Delay or pull all gear immediately and implement the move-
on rule if marine mammal is at-risk of entanglement.
The dedicated observation will be made by scanning the water and
marsh edge (if visible when working in estuarine waters) 360 degrees
around the vessel where the net would be set. If a marine mammal is
sighted during this observation period, nets would not be deployed
until the animal has left the area, is on a path away from where the
net would be set, or has not been re-sighted within 15 minutes.
Alternatively, the research team may move the vessel to an area clear
of marine mammals. If the vessel moves, the 15 minute observation
period is repeated. Monitoring by all available crew would continue
while the net is being deployed, during the soak, and during haulback.
If marine mammals are sighted in the peripheral sampling area
during active netting, the SEFSC will raise and lower the net leadline.
If marine mammals do not immediately depart the area and the animal
appears to be at-risk of entanglement (e.g,, interacting with or on a
path towards the net), the SEFSC delay or pull all gear immediately
and, if required, implement the move-on rule if marine mammal is at-
risk of entanglement.
If protected species are not sighted during the 15 minute
observation period, the gear may be set. Waters surrounding the net and
the net itself would be continuously monitored during the soak. If
protected species are sighted during the soak and appear to be at risk
of interaction with the gear, then the gear is pulled immediately. If
fishing operations are halted, operations resume when animal(s) have
not been sighted within 15 minutes or are determined to no longer be at
risk, as determined by the judgment of the FPC or SWL. In other
instances, the station is moved or cancelled. If any disturbance in the
gear is observed in the gear, it is immediately checked or pulled.
Hook and Line Gear Mitigation
In addition to the general mitigation measures listed above, the
SEFSC will implement the following mitigation measures:
Monitor area for marine mammals and, if present, delay
setting gear until the animal is deemed not at risk.
Immediately reel in lines if marine mammals are deemed to
be at risk of interacting with gear.
Following existing Dolphin Friendly Fishing
Tips: http://sero.nmfs.noaa.gov/protected_resources/outreach_and_education/documents/dolphin_friendly_fishing_tips.pdf.
Not discard leftover bait overboard while actively
fishing.
Inspect tackles daily to avoid unwanted line breaks.
When fishing with bottom or pelagic longlines, the SEFSC will: (1)
Limit longline length and soak times to the minimum amount possible;
(2) deploy longline gear first (after required monitoring) prior to
conducting environmental sampling; (3) if any marine mammals are
observed, delay deploying gear unless animal is not at risk of hooking;
(4) pull gear immediately and implement the move-on rule if any marine
mammal is hooked or at risk of being hooked; (5) deploy longline gear
prior to environmental sampling; and (6) avoid chumming (i.e., baiting
water). More detail on these measures are described below.
Prior to arrival on station (but within 0.5 nautical mile), the
officer, crew members, and scientific party on watch visually scan for
protected species for 30 minutes prior to station arrival for pelagic
longline surveys and 15 minutes prior for other surveys. Binoculars
will be used as necessary to survey the area while approaching and upon
arrival at the station, while the gear is deployed, and during
haulback. Additional monitoring is conducted 15 minutes prior to
setting longline gear by members of the scientific crew that monitor
from the back deck while baiting hooks. If protected species are
sighted prior to setting the gear or at any time the gear is in the
water, the bridge crew and SWL are alerted immediately. Environmental
conditions (e.g., lighting, sea state, precipitation, fog, etc.) often
limit the distance for effective visual monitoring of protected
species. If marine mammals are sighted during any monitoring period,
the ``move-on'' rule, as described in the trawling mitigation section
above would be implemented. If longline operations have been delayed
because of the presence of protected species, the vessel resumes
longline operations only when these species have not been sighted
within 15 minutes or otherwise determined to no longer be at risk. The
risk decision is at the discretion of the FPC or SWL and is dependent
on the situation. After the
[[Page 6629]]
required monitoring period, longline gear is always the first equipment
or fishing gear to be deployed when the vessel arrives on station.
If marine mammals are detected during setting operations or while
the gear is in the water and are considered to be at risk (e.g., moving
towards deployment site, displaying behaviors of potentially
interacting with gear, etc.), the FPC or SWL in conjunction with the
officer on watch may halt the setting operation or call for retrieval
of gear already set. The species, number, and behavior of the protected
species are considered along with the status of the ship and gear,
weather and sea conditions, and crew safety factors when making
decisions regarding gear deployment delay or retrieval.
There are also a number of standard measures designed to reduce
hooking potential and minimize injury. In all pelagic longline sets,
gangions are 110 percent as long as the drop line depth; therefore,
this gear configuration allows a potentially hooked marine mammal the
ability to reach the surface. SEFSC longline protocols specifically
prohibit chumming reducing any attraction. Further, no stainless steel
hooks are used so that in the event a hook can not be retrieved from an
animal, it will corrode. Per PLTRP, the SEFSC pelagic longline survey
uses the Pelagic Longline Marine Mammal Handling and Release Guidelines
for any pelagic longline sets made within the Atlantic EEZ. These
procedures would also be implemented in the GOMRA and CRA.
Other gears--The SEFSC deploys a wide variety of gear to sample the
marine environment during all of their research cruises. Many of these
types of gear (e.g., chevron fish trap, eel traps, dip nets, video
cameras and ROV deployments) are not considered to pose any risk to
marine mammals due to their size, deployment methods, or location, and
therefore are not subject to mitigation. However, at all times when the
SEFSC is conducting survey operations at sea, the OOD and/or CS and
crew will monitor for any unusual circumstances that may arise at a
sampling site and use best professional judgment to avoid any potential
risks to marine mammals during all vessel operation and use of research
equipment.
Electrofishing--Electrofishing occurs on small vessels and operates
with a 3000 watt pulsed direct current for 15 minutes. The electric
field is less than 20 feet around the electrofishing vessel. Before the
electrofishing vessel begins operating, a dedicated marine mammal
observer would scan the surrounding waters for at least 15 minutes
prior to fishing. If a marine mammal is observed within 50 meters of
the vessel or on a path toward the vessel, electrofishing would be
delayed. Fishing would not begin until the animal is outside of the 50
m safety zone or on a consistent path away from the vessel.
Alternatively, if animals do not leave the area, the vessel could move
to another sampling station. If the vessel moves, the 15 minutes
observation period is repeated. During electrofishing, the research
crew would also monitor for marine mammals. If animals are observed
within or a path toward the 50 m safety zone, electrofishing would be
terminated and not resume until the animal is clear of and on a path
away from the 50 m safety zone. All samples collected during
electrofishing are to remain on the vessel and not discarded until all
electrofishing is completed to avoid attracting protected species.
Vessel speed--Vessel speed during active sampling is less than 5 kn
(average 2-3 kn) while transit speeds to and from sampling sites vary
from 6-14 kn but average 10 kn. These low vessel speeds minimize the
potential for ship strike (see ``Potential Effects of the Specified
Activity on Marine Mammals and Their Habitat'' for an in-depth
discussion of ship strike). At any time during a survey or in transit,
if a crew member standing watch or dedicated marine mammal observer
sights marine mammals that may intersect with the vessel course that
individual will immediately communicate the presence of marine mammals
to the bridge for appropriate course alteration or speed reduction, as
possible, to avoid incidental collisions.
While transiting in areas subjected to the North Atlantic ship
strike rule, all SEFSC- affiliated research vessels (NOAA vessels, NOAA
chartered vessels, and research partner vessels) will abide by the
required speed restrictions and sighting alert protocols. The ship
strike rule for the southeast U.S. seasonal management area (SMA)
requires that, from November 15 through April 15, all vessels 65 feet
or longer must slow to 10 kn or less in the right whale calving and
nursery grounds which are bounded to the north by latitude 31[deg]27'
N, to the south by 29[deg]45' N, and to the east by 80[deg]51'36'' W.
Mid-Atlantic SMAs include several port or bay entrances from northern
Georgia to Rhode Island between November 1 and April 30. In addition,
dynamic management areas (DMAs) are temporary areas created around
right whale sightings, the size of which depends on the number of
whales sighted. Voluntary speed reductions may apply when no SMA is in
effect. All NOAA research vessels operating in North Atlantic right
whale habitat participate in the Right Whale Early Warning System.
SEFSC research vessel captains and crew watch for marine mammals
while underway during daylight hours and take necessary actions to
avoid them. There are currently no Marine Mammal Observers (MMOs)
aboard the vessels dedicated to watching for marine mammals to minimize
the risk of collisions, although the large NOAA vessels (e.g., NOAA
Ship Pisces) operated by the NOAA Office of Marine and Aviation
Operations (OMAO) include one bridge crew dedicated to watching for
obstacles at all times, including marine mammals. At any time during a
survey or in transit, any bridge personnel that sights marine mammals
that may intersect with the vessel course immediately communicates
their presence to the helm for appropriate course alteration or speed
reduction as soon as possible to avoid incidental collisions,
particularly with large whales (e.g., North Atlantic right whales).
The Right Whale Early Warning System is a multi-agency effort that
includes the SEFSC, the Florida Fish and Wildlife Conservation
Commission (FWCC), U.S. Coast Guard, U.S. Navy, and volunteer
observers. Sightings of the critically endangered North Atlantic right
whale are reported from aerial surveys, shipboard surveys, whale watch
vessels, and opportunistic sources (U.S. Coast Guard, commercial ships,
fishing vessels, and the general public). Whale sightings are reported
in real time to the Right Whale Early Warning System network and
information is disseminated to mariners within a half hour of a
sighting. The program was designed to reduce collisions between ships
and North Atlantic right whales by alerting mariners to the presence of
the whales in near real time. Under the proposed rule, all NOAA-
affiliated vessels operating in North Atlantic right whale habitat will
be required to participate in the Right Whale Early Warning System.
Acoustic and Visual Deterrent Devices--Acoustic and visual
deterrents include, but are not limited; to pingers, recordings of
predator vocalizations, light sticks, and reflective twine/rope.
Pingers are underwater sound-emitting devices attached to gear that
have been shown to decrease the probability of interacuetions with
certain species of marine mammals. Pingers have been shown to be
effective in deterring some marine mammals, particularly harbor
porpoises, from interacting with gillnet gear (Nowacek et al. 2007,
Carretta and
[[Page 6630]]
Barlow 2011). Multiple studies have reported large decreases in harbor
porpoise mortality (approximately eighty to ninety percent) in bottom-
set gillnets (nets composed of vertical panes of netting, typically set
in a straight line and either anchored to the bottom or drifting)
during controlled experiments (e.g., Kraus et al., 1997; Trippel et
al., 1999; Gearin et al., 2000). Using commercial fisheries data rather
than a controlled experiment, Palka et al. (2008) reported that harbor
porpoise bycatch rates in the northeast U.S gillnet fishery when
fishing without pingers was about two to three times higher compared to
when pingers were used. After conducting a controlled experiment in a
California drift gillnet fishery during 1996-97, Barlow and Cameron
(2003) reported significantly lower bycatch rates when pingers were
used for all cetacean species combined, all pinniped species combined,
and specifically for short-beaked common dolphins (85 percent
reduction) and California sea lions (69 percent reduction). While not a
statistically significant result, catches of Pacific white-sided
dolphins (which are historically one of the most frequently captured
species in SEFSC surveys; see Table 4) were reduced by seventy percent.
Carretta et al. (2008) subsequently examined nine years of observer
data from the same drift gillnet fishery and found that pinger use had
eliminated beaked whale bycatch. Carretta and Barlow (2011) assessed
the long-term effectiveness of pingers in reducing marine mammal
bycatch in the California drift gillnet fishery by evaluating fishery
data from 1990-2009 (with pingers in use beginning in 1996), finding
that bycatch rates of cetaceans were reduced nearly fifty percent in
sets using a sufficient number of pingers. However, in a behavioral
response study investigating bottlenose dolphin behavior around
gillnets outfitted with acoustic alarms in North Carolina, there was no
significant difference is number of dolphins or closest approach
between nets with alarms and nets without alarms (Cox et al., 2003).
Studies of acoustic deterrents in a trawl fishery in Australia
concluded that pingers are not likely to be effective in deterring
bottlenose dolphins, as they are already aware of the gear due to the
noisy nature of the fishery (Stephenson and Wells 2008, Allen et al.
2014). Acoustic deterrents were also ineffective in reducing bycatch of
common dolphins in the U.K. bass pair trawl fishery (Mackay and
Northridge 2006).
The use and effectiveness of acoustic deterrent devices in
fisheries in which bottlenose dolphins have the potential to interact
has been approached with caution. Two primary concerns expressed with
regard to pinger effectiveness in reducing marine mammal bycatch relate
to habituation (i.e., marine mammals may become habituated to the
sounds made by the pingers, resulting in increasing bycatch rates over
time; Dawson, 1994; Cox et al., 2001; Carlstr[ouml]m et al., 2009) and
the ``dinner bell effect'' (Dawson, 1994; Richardson et al., 1995),
which implies that certain predatory marine mammal species may come to
associate pingers with a food source (e.g., fish caught in nets) with
the result that bycatch rates may be higher in nets with pingers than
in those without.
The BDTRP, after years of directed investigation, found pingers are
not effective at deterring bottlenose dolphins from depredating on fish
captured by trawls and gillnets. During research driven by the BDTRT
efforts to better understand the effectiveness of pingers on bottlenose
dolphins, one became entangled and drowned in a net outfitted with a
pinger. Dolphins can become attracted to the sound of the pinger
because they learn it signals the presence of fish (i.e., the ``dinner
bell effect''), raising concerns about potential increased entanglement
risks (Cox et al., 2003; Read et al., 2004 and 2006; and Read and
Waples 2010). Due to the lack of evidence that pingers are effective at
deterring bottlenose dolphins coupled with the potential dinner-bell
effect, the BDTRP does not recommend them for use in SEFSC for
bottlenose dolphins.
The effectiveness of acoustic and visual deterrents for species
encountered in the ARA, GOMRA, and CRA is uncertain. Therefore, the
SEFSC will not be required to outfit gear with deterrent devices but is
encouraged to undertake investigations on the efficacy of these
measures where unknown (i.e., not for surveys in which bottlenose
dolphins are primary bycatch) in order to minimize potential for take.
Disentanglement Handling Procedures--The SEFSC will implement a
number of handling protocols to minimize potential harm to marine
mammals that are incidentally taken during the course of fisheries
research activities. In general, protocols have already been prepared
for use on commercial fishing vessels. Although commercial fisheries
are known to take a larger number of marine mammals than fisheries
research, the nature of entanglements are similar. Therefore, the SEFSC
would adopt commercial fishery disentanglement protocols, which are
expected to increase post-release survival. Handling or disentangling
marine mammals carries inherent safety risks, and using best
professional judgment and ensuring human safety is paramount.
Captured live or injured marine mammals are released from research
gear and returned to the water as soon as possible with no gear or as
little gear remaining on the animal as possible. Animals are released
without removing them from the water if possible, and data collection
is conducted in such a manner as not to delay release of the animal(s)
or endanger the crew. SEFSC is responsible for training SEFSC and
partner researchers on how to identify different species; handle and
bring marine mammals aboard a vessel; assess the level of
consciousness; remove fishing gear; and return marine mammals to water.
Human safety is always the paramount concern.
At least two persons aboard SEFSC ships and one person aboard
smaller vessels, including vessels operated by partners where no SEFSC
staff are present, will be trained in marine mammal handling, release,
and disentanglement procedures. If a marine mammal is entangled or
hooked in fishery research gear and discovered alive, the SEFSC or
affiliate will follow safe handling procedures. To facilitate this
training, SEFSC would be required to ensure relevant researchers attend
the NMFS Highly Migratory Species/Protected Species Safe Handling,
Release, and Identification Workshop www.nmfs.noaa.gov/sfa/hms/compliance/workshops/protected_species_workshop/index.html or other
similar training. The SEFSC shall provide SEFSC scientists and partner
institutions with the Protected Species Safe Handling and Release
Manual (see Appendix D is SEFSC's application) and advise researchers
to follow this manual, in addition to lessons learned during training,
should a marine mammal become entangled during a survey. For those
scientists conducting longline surveys, the SEFSC shall provide
training on the Pelagic Longline Take Reduction Team Marine Mammal
Handling and Release Guidelines.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has preliminarily
determined that the proposed mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Based on our evaluation of the SEFSC's proposed measures, as well
as other measures considered by NMFS,
[[Page 6631]]
NMFS has preliminarily determined that the proposed mitigation measures
provide the means effecting the least practicable impact on the
affected species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance.
TPWD Mitigation for Marine Mammals and Their Habitat
The TPWD would undertake a number of measures to minimize risk of
entangling bottlenose dolphins. Only new or fully repaired gill nets
will be used thereby eliminating holes. Gill nets will be set with
minimal slack and a very short marker buoy attached to the deep end of
the net. This reduction in slack and float buoy length is designed to
reduce possible entanglement. The TPWD would also modify the nets to
greatly reduce or eliminate any gaps between the float/lead line and
the net. As currently configured, nets are tied to the lines every
eight in. creating a gap between the net and line of approximately six
to eight in. depending on the mesh size. TPWD field crews report that
entanglement has typically occurred in the float or lead lines in or
near the gap in question. TPWD would tie the net to the lines at no
more than 4 in. intervals, reducing the gap size to less than four in.
should help prevent getting a tail, pectoral, or fluke fin getting
caught in these gaps.
Prior to setting nets, dedicated marine mammal observations will be
conducted by at least one researcher trained in marine mammal detection
techniques. If dolphins are observed around or on a path toward the
sampling site, TPWD would delay setting the net until the animal has
moved and is on a path away from the site. If an animal is observed
around and on a path toward the sampling area while setting the net,
the net will be hauled back aboard until the animal has moved on. If
animals remain in the area, TPWD will move on to another site not in
the animal's path without setting the net. When a net is set, TPWD
would minimize soak time by utilizing the ``last out/first in''
strategy for gill nets set in sites where marine mammals have been
encountered within the last 5 years. A net set in this manner will be
deployed last and retrieved first, reducing soak times by an average of
1.35 hours but a maximum of 6.6 hours.
TPWD researchers will immediately respond to net disturbances when
setting and retrieving nets to determine if a dolphin is entangled and,
if so, will release the dolphin immediately. All nets set the night
before will be inspected for the presence of bottlenose dolphins and
sea turtles before any nets are retrieved. If these animals are
observed they will be released immediately. At least one TPWD research
aboard gillnetting survey vessels will be trained in NMFS-approved
Marine Mammal Handling Procedures.
The TPWD would remove fishing grids from their sampling areas where
dolphins have been taken on more than one occasion or where multiple
adjacent grids have had at least one dolphin encounter. To date, grids
which meet one or both of these criteria are (1) Aransas Bay, just
south of Allyn's Bight (grid #'s 280, 290, 291, 301, see Fig.3 in
TPWD's application), (2) Corpus Christi Bay, south of Ingleside
shoreline (CC grid #132, see Fig. 4 in TPWD's application), and (3)
Lower Laguna Madre, in Redfish Bay (LLM grid #47, see Fig 5 in TPWD's
application).
Based on our evaluation of the TPWD's proposed measures, as well as
other measures considered by NMFS, NMFS has preliminarily determined
that the proposed mitigation measures provide the means effecting the
least practicable impact on the affected species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Proposed Monitoring and Reporting
In order to issue an incidental take authorization for an activity,
section 101(a)(5)(A) of the MMPA states that NMFS must set forth
``requirements pertaining to the monitoring and reporting of such
taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13)
require that requests for incidental take authorizations must include
the suggested means of accomplishing the necessary monitoring and
reporting that will result in increased knowledge of the species and of
the level of taking or impacts on populations of marine mammals that
are expected to be present in the proposed action area.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the
action area (e.g., presence, abundance, distribution, density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas).
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
SEFSC Proposed Monitoring and Reporting
The SEFSC plans to make more systematic its training, operations,
data collection, animal handling and sampling protocols, etc. in order
to improve its ability to understand how mitigation measures influence
interaction rates and ensure its research operations are conducted in
an informed manner and consistent with lessons learned from those with
experience operating these gears in close proximity to marine mammals.
We propose the monitoring requirements described below.
Marine mammal watches are a standard part of conducting fisheries
research activities and are implemented as described previously in
``Proposed Mitigation.'' Dedicated marine mammal observations occur as
described (1) for some period prior to deployment of most research
gear; (2) throughout deployment and active fishing of all research
gears; (3) for some period prior to retrieval of gear; and (4)
throughout retrieval of research gear. Observers should record the
species and estimated number of animals present and their behaviors,
which may be valuable information towards an understanding of whether
certain species may be attracted to vessels or certain survey gears.
Separately, on white boats, marine mammal watches are conducted by
watch-standers (those navigating the vessel and other crew; these will
typically not be SEFSC personnel) at all times when the vessel is being
operated. The primary focus for this type of watch is to avoid striking
marine mammals and to generally avoid navigational hazards. These
watch-standers typically
[[Page 6632]]
have other duties associated with navigation and other vessel
operations and are not required to record or report to the scientific
party data on marine mammal sightings, except when gear is being
deployed or retrieved.
Training
The SEFSC anticipates that additional information on practices to
avoid marine mammal interactions can be gleaned from training sessions
and more systematic data collection standards. The SEFSC will conduct
annual trainings for all chief scientists and other personnel who may
be responsible for conducting dedicated marine mammal visual
observations to explain mitigation measures and monitoring and
reporting requirements, mitigation and monitoring protocols, marine
mammal identification, recording of count and disturbance observations
(relevant to AMLR surveys), completion of datasheets, and use of
equipment. Some of these topics may be familiar to SEFSC staff, who may
be professional biologists, The SEFSC shall determine the agenda for
these trainings and ensure that all relevant staff have necessary
familiarity with these topics. The first such training will include
three primary elements:
First, the course will provide an overview of the purpose and need
for the authorization, including mandatory mitigation measures by gear
and the purpose for each, and species that the SEFSC is authorized to
incidentally take.
Second, the training will provide detailed descriptions of
reporting, data collection, and sampling protocols. This portion of the
training will include instruction on how to complete new data
collection forms such as the marine mammal watch log, the incidental
take form (e.g., specific gear configuration and details relevant to an
interaction with protected species), and forms used for species
identification and biological sampling. The biological data collection
and sampling training module will include the same sampling and
necropsy training that is used for the Southeast Regional Observer
training.
The SEFSC will also dedicate a portion of training to discussion of
best professional judgment (which is recognized as an integral
component of mitigation implementation; see ``Proposed Mitigation''),
including use in any incidents of marine mammal interaction and
instructive examples where use of best professional judgment was
determined to be successful or unsuccessful. We recognize that many
factors come into play regarding decision-making at sea and that it is
not practicable to simplify what are inherently variable and complex
situational decisions into rules that may be defined on paper. However,
it is our intent that use of best professional judgment be an iterative
process from year to year, in which any at-sea decision-maker (i.e.,
responsible for decisions regarding the avoidance of marine mammal
interactions with survey gear through the application of best
professional judgment) learns from the prior experience of all relevant
SEFSC personnel (rather than from solely their own experience). The
outcome should be increased transparency in decision-making processes
where best professional judgment is appropriate and, to the extent
possible, some degree of standardization across common situations, with
an ultimate goal of reducing marine mammal interactions. It is the
responsibility of the SEFSC to facilitate such exchange.
Handling Procedures and Data Collection
Improved standardization of handling procedures were discussed
previously in ``Proposed Mitigation.'' In addition to the benefits
implementing these protocols are believed to have on animals through
increased post-release survival, SEFSC believes adopting these
protocols for data collection will also increase the information on
which ``serious injury'' determinations (NMFS, 2012a, b) are based and
improve scientific knowledge about marine mammals that interact with
fisheries research gears and the factors that contribute to these
interactions. SEFSC personnel will be provided standard guidance and
training regarding handling of marine mammals, including how to
identify different species, bring an individual aboard a vessel, assess
the level of consciousness, remove fishing gear, return an individual
to water and log activities pertaining to the interaction.
The SEFSC will record interaction information on either existing
data forms created by other NMFS programs or will develop their own
standardized forms. To aid in serious injury determinations and comply
with the current NMFS Serious Injury Guidelines, researchers will also
answer a series of supplemental questions on the details of marine
mammal interactions.
Finally, for any marine mammals that are killed during fisheries
research activities, when practicable, scientists will collect data and
samples pursuant to Appendix D of the SEFSC DEA, ``Protected Species
Handling Procedures for SEFSC Fisheries Research Vessels.''
SEFSC Reporting
As is normally the case, SEFSC will coordinate with the relevant
stranding coordinators for any unusual marine mammal behavior and any
stranding, beached live/dead, or floating marine mammals that are
encountered during field research activities. The SEFSC will follow a
phased approach with regard to the cessation of its activities and/or
reporting of such events, as described in the proposed regulatory text
following this preamble. In addition, Chief Scientists (or cruise
leader, CS) will provide reports to SEFSC leadership and to the Office
of Protected Resources (OPR). As a result, when marine mammals interact
with survey gear, whether killed or released alive, a report provided
by the CS will fully describe any observations of the animals, the
context (vessel and conditions), decisions made and rationale for
decisions made in vessel and gear handling. The circumstances of these
events are critical in enabling the SEFSC and OPR to better evaluate
the conditions under which takes are most likely occur. We believe in
the long term this will allow the avoidance of these types of events in
the future.
The SEFSC will submit annual summary reports to OPR including:
(1) Annual line-kilometers surveyed during which the EK60, ME70,
SX90 (or equivalent sources) were predominant (see ``Estimated Take
by Acoustic Harassment'' for further discussion), specific to each
region;
(2) Summary information regarding use of all trawl, net, and
hook and line gear, including number of sets, tows, hook hours,
etc., specific to each research area and gear;
(3) Accounts of all incidents of marine mammal interactions,
including circumstances of the event and descriptions of any
mitigation procedures implemented or not implemented and why;
(4) Summary information related to any disturbance of marine
mammals and distance of closest approach;
(5) A written description of any mitigation research
investigation efforts and findings (e.g., lazy line modifications);
(6) A written evaluation of the effectiveness of SEFSC
mitigation strategies in reducing the number of marine mammal
interactions with survey gear, including best professional judgment
and suggestions for changes to the mitigation strategies, if any;
and
(7) Details on marine mammal-related training taken by SEFSC and
partner scientists.
The period of reporting will be annually, beginning one year post-
issuance of any LOA, and the report must be submitted not less than
ninety days following the end of a given year.
[[Page 6633]]
Submission of this information is in service of an adaptive management
framework allowing NMFS to make appropriate modifications to mitigation
and/or monitoring strategies, as necessary, during the proposed five-
year period of validity for these regulations.
Should an incidental take occur, the SEFSC, or affiliated partner
involved in the taking, shall follow the NMFS Final Take Reporting and
Response Procedures, dated January 15, 2016. NMFS has established a
formal incidental take reporting system, the PSIT database, requiring
that incidental takes of protected species be reported within 48 hours
of the occurrence. The PSIT generates automated messages to NMFS
leadership and other relevant staff, alerting them to the event and to
the fact that updated information describing the circumstances of the
event has been inputted to the database. The PSIT and CS reports
represent not only valuable real-time reporting and information
dissemination tools but also serve as an archive of information that
may be mined in the future to study why takes occur by species, gear,
region, etc.
The SEFSC will also collect and report all necessary data, to the
extent practicable given the primacy of human safety and the well-being
of captured or entangled marine mammals, to facilitate serious injury
(SI) determinations for marine mammals that are released alive. The
SEFSC will require that the CS complete data forms and address
supplemental questions, both of which have been developed to aid in SI
determinations. The SEFSC understands the critical need to provide as
much relevant information as possible about marine mammal interactions
to inform decisions regarding SI determinations. In addition, the SEFSC
will perform all necessary reporting to ensure that any incidental M/SI
is incorporated as appropriate into relevant SARs.
TPWD Proposed Monitoring and Reporting
Issuance of the proposed regulations would require TPWD to monitor
for marine mammals starting 0.5 miles (800 meters) from sampling site
and for 15 minutes at sampling site prior to setting the net. Should a
marine mammal be observed within 0.5 miles (800 meters) of the site and
is on a path toward the site, the net would not be deployed. Should a
marine mammal be observed during the 15-minute observation period at
the site, the net would not be deployed. The net may only be deployed
if marine mammals are observed on a path away from the site
consistently for 15 minutes or are not re-sighted within 15 minutes.
TPWD currently reports marine mammal entanglements to NMFS
Southeast Regional Office (SERO). However, reporting is not
standardized and, in the past, has led to questions regarding the
circumstances of the take and disposition of the animal. The proposed
regulations would standardize a comprehensive reporting scheme and
require TPWD to report all incidents of marine mammal interaction to
OPR and NMFS SERO within 48 hours of occurrence. Also within 48 hours,
TPWD shall log the incident in NMFS' Protected Species Incidental Take
(PSIT) database and provide any supplemental information to OPR and
SERO upon request. Information related to marine mammal interaction
(animal captured or entangled in research gear) must include the
following:
Time, date, and location (latitude/longitude) of the
incident;
Monitoring conducted prior to and occurring at the time of
incident;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility);
Description of the animal(s) involved (e.g., size, age
class);
Water depth and net location where entangled;
Nature of the entanglement (i.e., part of animal
entangled, where in net entangled)
Fate of the animal(s);
Detailed description of events, including how animals was
disentangled and behavior upon release, including signs of injury (if
alive);
Photographs or video footage of the animal(s).
TPWD would also be required to submit an annual report to OPR not
later than ninety days following the end of the fall sampling season.
TPWD would provide a final report within thirty days following
resolution of comments on the draft report. These reports shall
contain, at minimum, the following:
Locations and time/date of all net sets;
all instances of marine mammal observations and
descriptions of any mitigation procedures implemented or not
implemented and why;
all incidents of marine mammal interactions, including all
information required in Sec. 219.86(b);
A written evaluation of the effectiveness of TPWD
mitigation strategies in reducing the number of marine mammal
interactions with survey gear, including gear modifications and best
professional judgment and suggestions for changes to the mitigation
strategies, if any;
A summary of all relevant marine mammal training.
Negligible Impact Analyses and Determinations
Introduction--NMFS has defined negligible impact as an impact
resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival (50 CFR 216.103). A negligible impact finding is based on the
lack of likely adverse effects on annual rates of recruitment or
survival (i.e., population-level effects). An estimate of the number of
takes alone is not enough information on which to base an impact
determination. In addition to considering estimates of the number of
marine mammals that might be ``taken'' by mortality, serious injury,
and Level A or Level B harassment, we consider other factors, such as
the likely nature of any behavioral responses (e.g., intensity,
duration), the context of any such responses (e.g., critical
reproductive time or location, migration), as well as effects on
habitat, and the likely effectiveness of mitigation. We also assess the
number, intensity, and context of estimated takes by evaluating this
information relative to population status. Consistent with the 1989
preamble for NMFS's implementing regulations (54 FR 40338; September
29, 1989), the impacts from other past and ongoing anthropogenic
activities are incorporated into this analysis via their impacts on the
environmental baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, and specific consideration of take
by M/SI previously authorized for other NMFS research activities).
We note here that the takes from potential gear interactions
enumerated below could result in non-serious injury, but their worse
potential outcome (mortality) is analyzed for the purposes of the
negligible impact determination.
We discuss here the connection, and differences, between the legal
mechanisms for authorizing incidental take under section 101(a)(5) for
activities such as SEFSC's research activities, and for authorizing
incidental take from commercial fisheries. In 1988, Congress amended
the MMPA's provisions for addressing incidental take of marine mammals
in commercial fishing operations. Congress directed NMFS to develop and
recommend a new long-term regime to govern such
[[Page 6634]]
incidental taking (see MMC, 1994). The need to develop a system suited
to the unique circumstances of commercial fishing operations led NMFS
to suggest a new conceptual means and associated regulatory framework.
That concept, Potential Biological Removal (PBR), and a system for
developing plans containing regulatory and voluntary measures to reduce
incidental take for fisheries that exceed PBR were incorporated as
sections 117 and 118 in the 1994 amendments to the MMPA.
PBR is defined in Section 3 of 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 (OSP) and, although not controlling, can
be one measure considered among other factors when evaluating the
effects of M/SI on a marine mammal species or stock during the section
101(a)(5)(A) process. OSP is defined in section 3 of the MMPA as the
number of animals which will result in the maximum productivity of the
population or the species, keeping in mind the carrying capacity of the
habitat and the health of the ecosystem of which they form a
constituent element. A primary goal of the MMPA is to ensure that each
species or stock of marine mammal is maintained at or returned to its
OSP.
PBR values are calculated by NMFS as the level of annual removal
from a stock that will allow that stock to equilibrate within OSP at
least 95 percent of the time, and is the product of factors relating to
the minimum population estimate of the stock (Nmin); the
productivity rate of the stock at a small population size; and a
recovery factor. Determination of appropriate values for these three
elements incorporates significant precaution, such that application of
the parameter to the management of marine mammal stocks may be
reasonably certain to achieve the goals of the MMPA. For example,
calculation of the minimum population estimate (Nmin)
incorporates the precision and variability associated with abundance
information, while also providing (typically the 20th percentile of a
log-normal distribution of the population estimate) reasonable
assurance that the stock size is equal to or greater than the estimate
(Barlow et al., 1995). In general, the three factors are developed on a
stock-specific basis in consideration of one another in order to
produce conservative PBR values that appropriately account for both
imprecision that may be estimated as well as potential bias stemming
from lack of knowledge (Wade, 1998).
Congress called for PBR to be applied within the management
framework for commercial fishing incidental take under section 118 of
the MMPA. As a result, PBR cannot be applied appropriately outside of
the section 118 regulatory framework without consideration of how it
applies within section 118 framework, as well as how other statutory
management frameworks in the MMPA differ from the framework in section
118. PBR was not designed and is not used as an absolute threshold
limiting commercial fisheries. Rather, it serves as a means to evaluate
the relative impacts of those activities on marine mammal stocks. Even
where commercial fishing is causing M/SI at levels that exceed PBR, the
fishery is not suspended. When M/SI exceeds PBR in the commercial
fishing context under section 118, NMFS may develop a take reduction
plan, usually with the assistance of a take reduction team. The take
reduction plan will include measures to reduce and/or minimize the
taking of marine mammals by commercial fisheries to a level below the
stock's PBR. That is, where the total annual human-caused M/SI exceeds
PBR, NMFS is not required to halt fishing activities contributing to
total M/SI but rather utilizes the take reduction process to further
mitigate the effects of fishery activities via additional bycatch
reduction measures. In other words, under section 118 of the MMPA, PBR
does not serve as a strict cap on the operation of commercial fisheries
that may incidentally take marine mammals.
Similarly, to the extent PBR may be relevant when considering the
impacts of incidental take from activities other than commercial
fisheries, using it as the sole reason to deny (or issue) incidental
take authorization for those activities would be inconsistent with
Congress's intent under section 101(a)(5) and the use of PBR under
section 118. The standard for authorizing incidental take under section
101(a)(5) continues to be, among other things, whether the total taking
will have a negligible impact on the species or stock. When Congress
amended the MMPA in 1994 to add section 118 for commercial fishing, it
did not alter the standards for authorizing non-commercial fishing
incidental take under section 101(a)(5), implicitly acknowledging that
the negligible impact under section 101(a)(5) is a separate from the
PBR metric under section 118. In fact, in 1994, Congress also amended
section 101(a)(5)(E) (a separate provision governing commercial fishing
incidental take for species listed under the Endangered Species Act) to
add compliance with the new section 118 but kept the requirement for a
negligible impact finding. Congress thus understood that the
determination of negligible impact and application of PBR may share
certain features but are, in fact, different.
Since the introduction of PBR, NMFS has used the concept almost
entirely within the context of implementing sections 117 and 118 and
other commercial fisheries management-related provisions of the MMPA.
Although there are a few examples where PBR has informed agency
deliberations under other sections of the MMPA, where PBR has been
raised, it has been a consideration and not dispositive to the issue at
hand. Further, the agency's thoughts regarding the potential role of
PBR in relation to other programs of the MMPA have evolved since the
agency's earlier applications to section 101(a)(5) decisions. The MMPA
requires that PBR be estimated in stock assessment reports and that it
be used in applications related to the management of take incidental to
commercial fisheries (i.e., the take reduction planning process
described in section 118 of the MMPA and the determination of whether a
stock is ``strategic'' (16 U.S.C. 1362(19))), but nothing in the MMPA
requires the application of PBR outside the management of commercial
fisheries interactions with marine mammals.
Nonetheless, NMFS recognizes that as a quantitative metric, PBR may
be useful in certain instances as a consideration when evaluating the
impacts of other human-caused activities on marine mammal stocks.
Outside the commercial fishing context, and in consideration of all
known human-caused mortality, PBR can help inform the potential effects
of M/SI caused by activities authorized under 101(a)(5)(A) on marine
mammal stocks. As noted by NMFS and the USFWS in our implementation
regulations for the 1986 amendments to the MMPA (54 FR 40341, September
29, 1989), the Services consider many factors, when available, in
making a negligible impact determination, including, but not limited
to, the status of the species or stock relative to OSP (if known);
whether the recruitment rate for the species or stock is increasing,
decreasing, stable, or unknown; the size and distribution of the
population; and existing impacts and environmental conditions. In this
multi-factor analysis, PBR can be a useful indicator for when, and to
what extent, the agency should take an especially close look at the
circumstances associated with the potential mortality, along with any
other
[[Page 6635]]
factors that could influence annual rates of recruitment or survival.
When considering PBR during evaluation of effects of M/SI under
section 101(a)(5)(A), we first calculate a metric for each species or
stock that incorporates information regarding ongoing anthropogenic M/
SI into the PBR value (i.e., PBR minus the total annual anthropogenic
mortality/serious injury estimate), which is called ``residual PBR''
(Wood et al., 2012). We focus our analysis on residual PBR because it
incorporates anthropogenic mortality occurring from other sources. We
then consider how the anticipated potential incidental M/SI from the
activities being evaluated compares to residual PBR utilizing the
following framework.
Where a specified activity could cause (and NMFS is contemplating
authorizing) incidental M/SI that is less than 10 percent of residual
PBR (the ``insignificance threshold, see below), we consider M/SI from
the specified activities to represent an insignificant incremental
increase in ongoing anthropogenic M/SI for the marine mammal stock in
question that alone (i.e., in the absence of any other take) will not
adversely affect annual rates of recruitment and survival. As such,
this amount of M/SI would not be expected to affect rates of
recruitment or survival in a manner resulting in more than a negligible
impact on the affected stock unless there are other factors that could
affect reproduction or survival, such as Level A and/or Level B
harassment, or considerations such as information that illustrates the
uncertainty involved in the calculation of PBR for some stocks. In a
prior incidental take rulemaking, this threshold was identified as the
``significance threshold,'' but it is more accurately labeled an
insignificance threshold, and so we use that terminology here. Assuming
that any additional incidental take by Level A or Level B harassment
from the activities in question would not combine with the effects of
the authorized M/SI to exceed the negligible impact level, the
anticipated M/SI caused by the activities being evaluated would have a
negligible impact on the species or stock. However, M/SI above the 10
percent insignificance threshold does not indicate that the M/SI
associated with the specified activities is approaching a level that
would necessarily exceed negligible impact. Rather, the 10 percent
insignificance threshold is meant only to identify instances where
additional analysis of the anticipated M/SI is not required because the
negligible impact standard clearly will not be exceeded on that basis
alone.
Where the anticipated M/SI is near, at, or above residual PBR,
consideration of other factors (positive or negative), including those
outlined above, as well as mitigation are especially important to
assessing whether the M/SI will have a negligible impact on the species
or stock. PBR is a conservative metric and not sufficiently precise to
serve as an absolute predictor of population effects upon which
mortality caps would appropriately be based. For example, in some cases
stock abundance (which is one of three key inputs into the PBR
calculation) is underestimated because marine mammal survey data within
the U.S. EEZ are used to calculate the abundance even when the stock
range extends well beyond the U.S. EEZ. An underestimate of abundance
could result in an underestimate of PBR. Alternatively, we sometimes
may not have complete M/SI data beyond the U.S. EEZ to compare to PBR,
which could result in an overestimate of residual PBR. M/SI that
exceeds PBR may still potentially be found to be negligible in light of
other factors that offset concern, especially when robust mitigation
and adaptive management provisions are included.
This action is similar to the Navy's authorization under the MMPA
litigated in Conservation Council for Hawaii v. National Marine
Fisheries Service, 97 F. Supp.3d 1210, 1225 (D. Haw. 2015) because both
authorize mortalities of marine mammals. Conservation Council for
Hawaii v. National Marine Fisheries Service concerned a challenge to
NMFS' issuance of letters of authorization to the Navy for activities
in an area of the Pacific Ocean known as the HSTT Study Area, and the
Court reached a different conclusion regarding the relationship between
PBR and negligible impact, stating, ``[b]ecause any mortality level
that exceeds PBR will not allow the stock to reach or maintain its OSP,
such a mortality level could not be said to have only a `negligible
impact' on the stock.'' As described above, the Court's statement
fundamentally misunderstands the two terms and incorrectly indicates
that these concepts (PBR and ``negligible impact'') are directly
connected, when in fact nowhere in the MMPA is it indicated that these
two terms are equivalent.
Specifically, PBR was designed as a tool for evaluating mortality
and is defined as the number of animals that can be removed while
allowing the stock to reach or maintain OSP, with the formula for PBR
designed to ensure that growth towards OSP is not reduced by more than
10 percent (or equilibrate to OSP 95 percent of the time). Separately,
and without reference to PBR, NMFS' long-standing MMPA implementing
regulations state that take will have a negligible impact when it does
not adversely affect the species or stock through effects on annual
rates of recruitment or survival. OSP (to which PBR is linked) is
defined in the statute as a population which falls within a range from
the population level that is the largest supportable within the
ecosystem to the population level that results in maximum net
productivity. OSP is an aspirational goal of the overall statute and
PBR is designed to ensure minimal deviation from this overarching goal.
The ``negligible impact'' determination and finding protects against
``adverse impacts on the affected species and stocks'' when evaluating
specific activities.
For all these reasons, even where M/SI exceeds residual PBR, it is
still possible for the take to have a negligible impact on the species
or stock. While ``allowing a stock to reach or maintain OSP'' would
ensure that NMFS approached the negligible impact standard in a
conservative and precautionary manner so that there were not ``adverse
effects on affected species or stocks,'' it is equally clear that in
some cases the time to reach this aspirational OSP could be slowed by
more than 10 percent (i.e., total human-caused mortality in excess of
PBR could be allowed) without adversely affecting a species or stock.
Another difference between the two standards is the temporal scales
upon which the terms focus. That is, OSP contemplates the incremental,
10 percent reduction in the rate to approach a goal that is tens or
hundreds of years away. The negligible impact analysis, on the other
hand, necessitates an evaluation of annual rates of recruitment or
survival to support the decision of whether to issue five-year
regulations.
Accordingly, while PBR is useful for evaluating the effects of M/SI
in section 101(a)(5)(A) determinations, it is just one consideration to
be assessed in combination with other factors and should not be
considered determinative. The accuracy and certainty around the data
that feed any PBR calculation (e.g., the abundance estimates) must be
carefully considered. This approach of using PBR as a trigger for
concern while also considering other relevant factors provides a
reasonable and appropriate means of evaluating the effects of potential
mortality on rates of recruitment and survival, while demonstrating
that it is possible to exceed PBR by some small amount and still make a
negligible impact
[[Page 6636]]
determination under section 101(a)(5)(A).
Our evaluation of the M/SI for each of the species and stocks for
which mortality could occur follows. In addition, all mortality
authorized for some of the same species or stocks over the next several
years pursuant to our final rulemakings for NEFSC has been incorporated
into the residual PBR.
We first consider maximum potential incidental M/SI for each stock
(Table 14 and 15) in consideration of NMFS's threshold for identifying
insignificant M/SI take (10 percent of residual PBR (69 FR 43338; July
20, 2004)). By considering the maximum potential incidental M/SI in
relation to residual PBR and ongoing sources of anthropogenic
mortality, we begin our evaluation of whether the potential incremental
addition of M/SI through SEFSC research activities may affect the
species' or stock's annual rates of recruitment or survival. We also
consider the interaction of those mortalities with incidental taking of
that species or stock by harassment pursuant to the specified activity.
Negligible Impact Analysis and Determinations for the SEFSC
We methodically examined each stock above the insignificance
threshold to determine if the amount and degree of proposed taking
would have effects to annual rates of recruitment or survival (i.e.,
have a negligible impact on the population). These rates are inherently
difficult to quantify for marine mammals because adults of long-lived,
birth-pulse populations (e.g., many cetaceans, polar bears and walrus)
may not breed every year because of parental care, long gestation
periods or nutritional constraints (Taylor et al., 1987). Therefore, we
pursued a combination of quantitative and qualitative analyses to
inform our determinations.
First we compiled data to assess the baseline population status of
each stock for which the SEFSC is requesting take. These data were
pulled from the most recent SARs (Hayes et al., 2017) and, where
information was unknown or undetermined in the SARs, we consulted
marine mammal experts at the SEFSC and on TRTs to fill data gaps to the
best of our ability based on the best available science. Data pulled
from these sources include population size and demographics (where
known), PBR, known mortality and serious injury from commercial and
recreational fishing and other human-caused sources (e.g., direct
shootings), stock trends (i.e., declining, stable, or increasing),
threats, and other sources of potential take M/SI (e.g., MMPA
101(a)(5)(A or D) applications and scientific research permit
applications). In addition, we looked at ongoing management actions
(e.g., TRT gear restrictions) to identify where efforts are being
focused and are successful at reducing incidental take.
Estuarine and Coastal Bottlenose Dolphins
For estuarine bottlenose dolphin stocks, reaching our preliminary
negligible impact determination required a hard examination of the
status of each of the 7 ARA and 11 GOMRA stocks for which we propose to
authorize take. We recognize that PBR is technically undetermined for
many stocks because abundance data is more than eight years old.
Therefore, we consulted with marine mammal experts at the SEFSC to
derive best estimates of PBR based on the available data. Overall, PBR
is low (less than one animal) because stock sizes are generally small
(tens to hundreds) in southeast estuaries (with notable exceptions such
as Mississippi Sound). Stock sizes are expected to be small because the
abundance of a dolphin stock in an estuary is bounded by the
capabilities of the bays and estuarine systems to support that stock
(i.e., carrying capacity of the system) due to the residential nature
of these stocks, among other things. With respect to rates of annual M/
SI, we note some fisheries in the GoM (e.g., shrimp fishery) do not
have full observer coverage. Estimates of take from these fisheries are
both extrapolated and aggregated to the state level, making total M/SI
rates from commercial fisheries applicable to any given stock rather
than all stocks within a state not possible.
We approached the issue of outdated abundance information by
working closely with SEFSC experts and have developed estimated
abundance data and PBR values. The resulting values follow the general
trend of small stock sizes and are very conservative in some cases. For
example, recent abundance surveys in Barataria Bay and Terrebonne Bay
revealed stock numbers were in the thousands compared to the previously
estimated populations of approximately 200-300 animals (Hayes et al.,
2018). In addition, three stocks, including the Perdido Bay stock have
population estimates showing zero. However, it is well documented
dolphins inhabit these areas. We also consulted with the NMFS Southeast
Regional Office (SERO) bottlenose dolphin conservation coordinator to
better understand the nature of the takes identified in the SARs M/SI
values (i.e., the source of take such as commercial fishery or
research). That is, if we relied solely on the SAR annual M/SI values
reported in the SARs and added the proposed M/SI take to these numbers,
we would be double-counting M/SI as some takes were attributed to the
research for which we are proposing to authorize take. Therefore, where
M/SI takes were contributed to SEFSC research, we have adjusted annual
M/SI values from Table 3b above so as not to ``double count'' potential
take. Table 14 reflects these adjustments.
In the ARA, all estuarine and coastal stocks for which we are
proposing to authorize take are below the insignificance threshold (10
percent r-PBR) except for the Northern South Carolina Estuarine,
Northern Georgia/Southern South Carolina Estuarine, Central Georgia
Estuarine, and Southern Georgia Estuarine stocks (Table 14). The latter
two stocks are only slightly above the insignificance threshold (11.76
and 10.35 percent, respectively). The proposed take for the Northern
Georgia/Southern South Carolina stock constitutes 28.57 percent of r-
PBR. Sources of anthropogenic mortality for this stock include hook and
line and crab pot/trap fisheries. The proposed M/SI take (0.2/year) of
the Northern South Carolina stock is 50 percent of PBR. However,
considering an average of one animal every 5 years is taken in
commercial fisheries (likely gillnet or crab pot/trap), the proposed
take and annual M/SI constitute 100 percent of r-PBR. The Northern
South Carolina Estuarine System stock is delimited as dolphins
inhabiting estuarine waters from Murrells Inlet, South Carolina,
southwest to Price Inlet, South Carolina, the northern boundary of
Charleston Estuarine System stock. The region has little residential,
commercial, and industrial development and contains the Cape Romain
National Wildlife Refuge. As such, the stock is not facing heavy
anthropogenic pressure, and there are no identified continuous indirect
stressors threatening the stock.
Of the nine estuarine stocks in the GOMRA for which we are
proposing to authorize take by M/SI, three are below the insignificance
threshold (10% r-PBR): Terrebonne Bay/Timbalier Bay; St. Vincent Sound/
Apalachicola Bay/St. George Sound, and Apalachee Bay. The three coastal
stocks are also below the insignificance threshold. Four stocks are
between 14 and 40 percent r-PBR. The Mississippi Sound stock is already
above PBR in absence of the proposed authorization, while authorizing
take in Mobile Bay would put the stock above PBR (Table 14).
[[Page 6637]]
Table 14--Summary Information of Estuarine and Coastal Bottlenose Dolphin Stocks Related to SEFSC Proposed M/SI Take in the ARA, GOMRA, and CRA
--------------------------------------------------------------------------------------------------------------------------------------------------------
NEFSC
Stock Proposed M/ authorized Proposed M/
Stock abundance SI take PBR Annual M/SI take by M/ r-PBR \2\ SI take/r-
(Nbest) (annual) SI (annual) PBR (%) \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern South Carolina Estuarine Stock...................... \1\ 50 0.2 \1\ 0.4 0.2 0 0.2 100.00
Charleston Estuarine System Stock............................ \1\ 289 0.2 \1\ 2.8 0.2 0 2.6 7.69
Northern Georgia/Southern South Carolina Estuarine........... \1\ 250 0.2 \1\ 2.1 1.4 0 0.7 28.57
Central Georgia Estuarine.................................... 192 0.2 1.9 0.2 0 1.7 11.76
Southern Georgia Estuarine................................... 194 0.2 1.9 0 0 1.9 10.53
Jacksonville Estuarine System................................ \1\ 412 0.2 \1\ 3.9 1.2 0 2.7 7.41
Florida Bay.................................................. \1\ 514 0.2 \1\ 4.5 0 0 4.5 4.44
South Carolina/Georgia Coastal............................... \1\ 6,027 0.6 \1\ 46 1.0-1.4 0 44.6-45 1.35
Northern Florida Coastal..................................... \1\ 877 0.6 \1\ 6 0.6 0 5.4 11.11
Central Florida Coastal...................................... \1\ 1,218 0.6 \1\ 9.1 0.2 0 8.9 6.74
Northern Migratory Coastal................................... 6,639 0.6 48 6.1-13.2 1.6 33.2-43.5 0.4-0.6
Southern Migratory Coastal................................... 3,751 0.6 23 14.3 1.6 7.1 8.45
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gulf of Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
Terrebonne Bay, Timbalier Bay................................ 3,870 0.2 27 0.2 0 26.8 0.75
Mississippi River Delta...................................... 332 0.2 1.4 \4\ 0 0 1.4 14.29
Mississippi Sound, Lake Borgne, Bay Boudreau \5\............. 3,046 .02 (M/SI), 23 310 0 -281 Neg.
0.2 (Level
A)
Mobile Bay, Bonsecour Bay.................................... 122 0.2 \1\ 0.9 \5\ 0.8 0 0.1 Neg.
St. Andrew Bay............................................... 124 0.2 \1\ 0.9 0.2 0 0.7 28.57
St. Joseph Bay............................................... 152 0.2 1.41 0.4 0 1.01 19.80
St. Vincent Sound, Apalachicola Bay, St. George Sound........ 439 0.2 \1\ 3.91 0 0 3.91 5.12
Apalachee Bay................................................ 491 0.2 \1\ 3.61 0 0 3.61 5.54
Waccasassa Bay, Withlacoochee Bay, Crystal Bay............... \1\ 100 0.2 \1\ 0.5 0 0 0.5 40.00
Northern Gulf of Mexico Western Coastal Stock................ 20,161 0.6 175 0.6 0 174.4 0.34
Northern Gulf of Mexico Northern Coastal Stock............... 7,185 0.6 60 0.4 0 59.6 1.01
Northern Gulf of Mexico Eastern Coastal Stock................ 12,388 0.6 111 1.6 0 109.4 0.55
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For many estuarine stocks, the draft 2018 SAR has unknown abundance estimates and undetermined PBRs. Where this occurred, we used either the most
recent estimates (even if more than 8 years old) or we consulted with SEFSC marine mammal experts for best judgement (pers. comm., K. Mullin).
\2\ r-BPR = PBR - (annual M/I + NEFSC authorized take). For example, for the southern migratory coastal stock r-PBR = 23 - (14.3 + 1.6).
\3\ Values in the column reflect what the proposed take represents as a percentage of r-PBR. The insignificance threshold is 10 percent.
\4\ The annual M/SI in the draft 2018 SAR is 0.2 for the Mississippi River stock; however, the takes considered were from gillnet fishery research;
therefore, we reduced M/SI to 0.
\5\ The annual M/SI in the draft 2018 SAR is 1.0; however, one take used in those calculations is from fisheries research for which we propose to
authorize take; therefore, we reduced M/SI to 0.8.
For the Mississippi Sound stock, we evaluated various aspects of
stock status. According to this stock's 2017 SAR, the mean annual
fishery-related mortality and serious injury during 2012-2015 for
observed fisheries and strandings and at-sea observations identified as
fishery-caused related is 1.0. Additional mean annual mortality and
serious injury during 2011-2015 due to other human-caused actions
(fishery research, sea turtle relocation trawling, gunshot wounds, and
DWH oil spill) is 309 with the majority sourced from DWH. Projected
annual M/SI over the next five years from commercial fishing and DWH
are 6 and 1539, respectively. Management and research actions,
including ongoing health assessments and Natural Resource Damage Plan
efforts designed to restore injury to the stock, are anticipated to
improve the status of the stock moving forward. Further, marine mammal
population modeling indicates Barataria Bay dolphin should begin
recovery nine years post spill (NRDA Trustees, 2016; DWH MMIQT 2015).
Applying that model to the Mississippi Sound stock, we should begin to
see the population recover during the life of the proposed regulations.
We note the three research-related mortalities discussed in the 2017
SAR for this stock are from the specified activities for which we are
now proposing to authorize take. Therefore, the proposed take would not
be in addition to but would account for these research-related takes.
Our proposal to authorize one M/SI take from the Mobile Bay stock
over 5 years would result in the stock being above r-PBR. The known
takes of this stock includes one mortality in blue crab trap/pot gear
in 2015, one mortality in stranding data where cause of death could not
be determined and the animal could have been from the Northern Coastal
stock, and one SI interaction in 2016. As with other estuarine stocks
where abundance data is severely outdated, the population estimate is
small compared to other estuarine stocks more recently and thoroughly
studied. This could be a result of sampling methods. For example, the
abundance estimate of 122 animals for Mobile Bay is based on aerial
survey data collected during September through October in 1992 and 1993
with 16 percent of animals observed in bay (Blaylock and Hoggard,
1994). Sounds and estuaries were eliminated from the analysis. Murky
water in GoM estuaries and dark, grey animals makes it very difficult
to detect dolphins from aerial surveys. Further, Mobile Bay is a large
estuarine system (approximately 456 km\2\), similar in size to
Barataria Bay where the population estimate is over 2,000 animals based
on vessel-based surveys. Therefore, it is reasonable to assume the
population of dolphin in Mobile Bay and other places, such as Perdido
Bay, are higher than estimated in old surveys using aerial
observations. Looking beyond the quantitative abundance and PBR data,
we also considered non-quantitative factors to determine the effects of
the proposed authorization on estuarine dolphin stocks in the ARA and
GOMRA.
We consider qualitative information such as population dynamics and
[[Page 6638]]
context to determine if the proposed amount of take of estuarine and
coastal bottlenose dolphins in the ARA and GOMRA would have a
negligible impact on annual rates of survival and reproduction. Marine
mammals are K-selected species, meaning they have few offspring, long
gestation and parental care periods, and reach sexual maturity later in
life. Therefore, between years, reproduction rates vary based on age
and sex class ratios. As such, population dynamics is a driver when
looking at reproduction rates. We focus on reproduction here because we
conservatively consider inter-stock reproduction is the primary means
of recruitment for these stocks. We note this is a conservative
assumption, as some individuals are known to travel, and there is some
mixing between the estuarine stocks and adjacent coastal stocks (Hayes
et al, 2017). Given reproduction is the primary means of recruitment
and females play a significantly larger role in their offspring's
reproductive success (also known as Bateman's Principle), the mortality
of females rather than males is, in general, more likely to influence
recruitment rate. Several studies have purported that male bottlenose
dolphins are more likely to engage in depredation or related behaviors
with trawls and recreational fishing (Corkeron et al., 1990; Powell &
Wells, 2011) or become entangled in gear (Reynolds et al., 2000; Adimey
et al., 2014). Male bias has also been reported for strandings with
evidence of fishery interaction (Stolen et al., 2007; Fruet et al.,
2012; Adimey et al., 2014) and for in situ observations of fishery
interaction (Corkeron et al., 1990; Finn et al., 2008; Powell & Wells,
2011). Byrd and Hohn (2017) examined stranding data to determine
whether there was differential risk of bycatch based on sex and age
class from gillnet fisheries in North Carolina. They found more males
than females stranded. However, the relative gillnet bycatch risk was
not different for males and females. In summary, these data suggest the
risk of gear interaction from trawls and hook and line is likely higher
for males while gillnet interactions may pose equal risk for males and
females. For this rulemaking, the majority of historical gear
interactions are from trawls. Therefore, we believe males (which are
less likely to influence recruitment rate) are more likely at risk than
females.
Understanding the population dynamics of each bottlenose dolphin
stock considered in this rulemaking is not possible as the data simply
do not exist for each stock. Therefore, we considered a well-studied
population, the Sarasota Bay stock, as a proxy for assessing population
dynamics of other estuarine stocks throughout the ARA and GOMRA. The
Sarasota Bay stock is the most data rich population of bottlenose
dolphins in the United States. The Sarasota Bay Research Program (SBRP)
possesses 40 years of data on the resident dolphin population. Research
topics include, but are not limited to, population structure and
dynamics, health and physiology, and human interaction and impacts.
The Sarasota Bay stock demonstrates high recruitment and survival
rates. Wells et al. (2014) found 83 percent (95 percent CI = 0.52 to
0.99) of detected pregnancies were documented as resulting in live
births. Eight of the 10 calves (80 percent) resulting from documented
pregnancies survived through the calendar year of their birth and,
therefore, were considered to have been successfully recruited into the
Sarasota Bay bottlenose dolphin population. This value compares
favorably with the 81 percent first year survival reported by Wells &
Scott (1990) for Sarasota Bay bottlenose dolphins. Thus, approximately
66 percent of documented pregnancies led to successful recruitment.
Mann et al. (2000) found dolphin interbirth intervals for surviving
calves are between 3 and 6.2 years, resulting in annual variability in
reproductive rates. With respect to survival, Wells and Scott (1990)
calculated a mean annual survival rate of Sarasota Bay dolphins at 96.2
percent. In comparison, a mark-recapture study of dolphins near
Charleston, South Carolina reported an apparent annual survival rate of
95.1 percent (95 percent CI: 88.2-100) (Speakman et al., 2010). In
summary, survival rate and reproductive success of the Sarasota Bay
stock is high and, except for those stocks for which we know individual
marine mammal health and reproductive success are compromised from the
Deepwater Horizon oil spill (e.g., Mississippi Sound stock), we
consider estuarine bottlenose stocks in the ARA and GOMRA to have
similar rates of recruitment and survival.
For stocks that are known to be experiencing levels of stress from
fishing and other anthropogenic sources (e.g.., annual rates of human-
caused mortality and serious injury reach or exceed PBR levels in
absence of the requested take from the SEFSC), we look toward the
ongoing management actions and research designed to reduce those
pressures when considering our preliminary negligible impact
determination. Overall, many estuarine bottlenose dolphin stocks are
facing anthropogenic stressors such as commercial and recreational
fishing, coastal development, habitat degradation (e.g., oil spills,
harmful algal blooms), and directed violence (intentional killing/
injury) and have some level of annual M/SI. NOAA, including the SEFSC,
is dedicated to reducing fishery take, both in commercial fisheries and
research surveys. For example, the Atlantic BDTRT is in place to
decrease M/SI in commercial fisheries and scientists at NOAA's National
Center for Coastal Ocean Science (NCCOS) in Charleston, South Carolina,
are undertaking research and working with local fishermen to reduce
crab pot/trap and trawling entanglement (e.g., McFee et al., 2006,
2007; Greenman and McFee, 2014). In addition, through this rulemaking,
the SEFSC has invested in developing measures that may be adopted by
commercial fisheries to reduce bycatch rates, thereby decreasing the
rate of fishing-related M/SI. For example, in 2017, the SEFSC executed
the previously described Lazy Line Modification Mitigation Work Plan
(see Potential Effects section) and the SEFSC is investigating the
feasibility of applying gear modifications to select research trawl
surveys. Also as a result of this rulemaking process, the SEFSC has a
heightened awareness of the risk of take and a commitment to not only
implement the mitigation measures proposed in this rulemaking but to
develop additional mitigation measures beyond this rule they find
effective and practicable. Because all NMFS Science Centers are
dedicated to decreasing gear interaction risk, each Science Center is
also committed to sharing information about reducing marine mammal
bycatch, further educating fishery researchers on means by which is
make best professional judgements and minimize risk of take.
Region-wide, Gulf of Mexico states, in coordination with Federal
agencies, are taking action to recover from injury sustained during the
DWH spill. Funds from the spill have been allocated specifically for
marine mammal restoration to the Florida, Alabama, Mississippi,
Louisiana, Texas, Open Ocean, and Region-wide Trustee Implementation
Groups (TIGs). In June 2017, the Trustees released their Strategic
Framework for Marine Mammal Restoration Activities. The framework
includes a number of marine mammal restoration goals which would
improve marine mammal populations over the course of the proposed
regulations. These goals include, but are
[[Page 6639]]
not limited to, (1) collecting and using monitoring information, such
as population and health assessments, and spatiotemporal distribution
information; (2) implementing an integrated portfolio of restoration
approaches to restore injured bay, sound, and estuarine (BSE); coastal;
shelf; and oceanic marine mammals across the diverse habitats and
geographic ranges they occupy; (3) identifying and implementing actions
that support ecological needs of the stocks; (4) improving resilience
to natural stressors; and (5) addressing direct human-caused threats
such as bycatch in commercial fisheries, vessel collisions, noise,
industrial activities, illegal feeding and harassment, and hook-and-
line fishery interactions. The Alabama TIG has made the most progress
on executing this strategic framework. In 2018, the Alabama TIG
committed to three projects designed to restore marine mammals: (1)
Enhancing Capacity for the Alabama Marine Mammal Stranding Network; (2)
Assessment of Alabama Estuarine Bottlenose Dolphin Populations & Health
(including the Mobile Bay stock); and (3) Alabama Estuarine Bottlenose
Dolphin Protection: Enhancement & Education.
Offshore Pelagic Stocks
For all offshore pelagic stocks where PBR is known, except for gray
seal, the level of taking is less than 10 percent of r-PBR after
considering other sources of human-caused mortality (Table 15). Again,
for those stocks with total incidental M/SI less than the significance
threshold (i.e., ten percent of residual PBR), we consider the effects
of the specified activity to represent an insignificant incremental
increase in ongoing anthropogenic M/SI and need not consider other
factors in making a negligible impact determination except in
combination with additional incidental take by acoustic harassment.
Table 15--Summary Information of Pelagic Stocks Related to Proposed M/SI Take to the SEFSC in the ARA, GOMRA, and CRA
--------------------------------------------------------------------------------------------------------------------------------------------------------
NEFSC
Proposed M/ Annual M/SI authorized Proposed MI/
Species Stock SI take PBR (SAR) take by M/ r-PBR SI take/r-
(annual) SI (annual) PBR (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 0.8 561 39.4 1.6 520 0.15
Offshore.
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 N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gray seals are the only stock where, at first look, annual M/SI is
above PBR (Table 15). However, the minimum abundance estimate provided
in the SAR is based on the U.S. population estimate of 23,158 and does
not include the Canada population. The total estimated Canadian gray
seal population in 2016 was estimated to be 424,300 (95% CI=263,600 to
578,300) (DFO 2017). This would be acceptable except that the annual M/
SI rate of 5,688 includes M/SI from both the U.S. and Canada
populations. Therefore, we should compare population to population. The
draft 2018 indicates the annual M/SI for the U.S. population is 878.
That equates to an r-PBR of 511. Considering the SEFSC is requesting
one take, by M/SI, of gray seal over 5 years (or 0.2 animals per year),
this results in a percentage of 0.003, well under the 10 percent
insignificance threshold. Further, given the proposed M/SI of one
animal over five years, this amount of take can be considered
discountable given the large population size.
We note that for all stocks, we have conservatively considered in
this analysis that any gear interaction would result in mortality or
serious injury when it has been documented that some gear interactions
may result in Level A harassment (injury) or no injury at all, as
serious injury determinations are not made in all cases where the
disposition of the animal is ``released alive'' and, in some cases,
animals are disentangled from nets without any injury observations
(e.g., no wounds, no blood in water, etc).
Level B Take From Acoustic Sources
As described in greater depth previously (see ``Acoustic
Effects''), we do not believe that SEFSC use of active acoustic sources
has the likely potential
[[Page 6640]]
to result in Level A harassment, serious injury, or mortality. In
addition, for the majority of species, the proposed annual take by
Level B harassment is very low in relation to the population abundance
estimate (less than one percent). We have produced what we believe to
be precautionary estimates of potential incidents of Level B harassment
(Table 13). The procedure for producing these estimates, described in
detail in ``Estimated Take Due to Acoustic Harassment,'' represents
NMFS' best effort towards balancing the need to quantify the potential
for occurrence of Level B harassment due to production of underwater
sound with a general lack of information related to the specific way
that these acoustic signals, which are generally highly directional and
transient, interact with the physical environment and to a meaningful
understanding of marine mammal perception of these signals and
occurrence in the areas where the SEFSC operates. The sources
considered here have moderate to high output frequencies (10 to 180
kHz), generally short ping durations, and are typically focused (highly
directional with narrow beam width) to serve their intended purpose of
mapping specific objects, depths, or environmental features. In
addition, some of these sources can be operated in different output
modes (e.g., energy can be distributed among multiple output beams)
that may lessen the likelihood of perception by and potential impacts
on marine mammals in comparison with the quantitative estimates that
guide our proposed take authorization.
As described previously, there is some minimal potential for
temporary effects to hearing capabilities within specific frequency
ranges for select marine mammals, but most effects would likely be
limited to temporary behavioral disturbance. If individuals are in
close proximity to active acoustic sources they may temporarily
increase swimming speeds (presumably swimming away from the source) and
surface time or decrease foraging effort (if such activity were
occurring). These reactions are considered to be of low severity due to
the short duration of the reaction. Individuals may move away from the
source if disturbed. However, because the source is itself moving and
because of the directional nature of the sources considered here, it is
unlikely any temporary displacement from areas of significance would
occur, and any disturbance would be of short duration. In addition,
because the SEFSC survey effort is widely dispersed in space and time,
repeated exposures of the same individuals would be very unlikely. For
these reasons, we do not consider the proposed level of take by
acoustic disturbance to represent a significant additional population
stressor when considered in context with the proposed level of take by
M/SI for any species. Further, we note no take by harassment is
proposed for estuarine bottlenose dolphins; therefore, only M/SI is
incorporated into our negligible impact analysis for those stocks. For
Level B take of coastal stocks in both the ARA and GOMRA, it is not
possible to quantify take per stock given overlap in time and space.
However, we consider the anticipated amount of take to have the
potential to occur from some combination of coastal stocks.
Summary of Negligible Impact Determination for SEFSC
In summary, we consider the proposed authorization would not impact
annual rates or recruitment or survival on any of the stocks considered
here because: (1) The possibility of injury, serious injury, or
mortality from the use of active acoustic devices may reasonably be
considered discountable; (2) the anticipated incidents of Level B
harassment from the use of active acoustic devices consist of, at
worst, temporary and relatively minor modifications in behavior; (3)
the predicted number of incidents of potential mortality are at
insignificant levels (i.e., below ten percent of residual PBR) for
select stocks; (4) consideration of more detailed data for gray seals
do not reveal cause for concern; (5) for stocks above the
insignificance threshold, the loss of one animal over five years,
especially if it is male (the sex more likely to interact with trawls),
is not likely to contribute to measurable changes in annual rates of
recruitment or survival; (7) some stocks are subjected to ongoing
management actions designed to improve stock understanding and reduce
sources of M/SI from other anthropogenic stressors (e.g., BDTRT
management actions, pelagic longline TRT); (8) the efforts by the DHW
Trustees are designed to restore for injury and address ongoing
stressors such as commercial fishery entanglement which would improve
stock conditions; (9) implementation of this proposed rule would build
upon research designed to reduce fishery related mortality (e.g., NCCOS
crap pot/trap and trawl interaction research; HSU lazy line research);
and (10) the presumed efficacy of the planned mitigation measures in
reducing the effects of the specified activity to the level of least
practicable adverse impact.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from SEFSC fisheries research activities will have a
negligible impact on affected marine mammal species or stocks.
Negligible Impact Analysis and Determination--TPWD
Similar to the SEFSC approach of considering the proposed M/SI take
relative to r-PBR, we looked at known M/SI as identified in the SARs
(excluding those from the proposed TPWD surveys) to estimate annual
rates of M/SI (Table 16). No Level B harassment of estuarine bottlenose
dolphins is proposed to be authorized to the TPWD; therefore, our
analysis is limited to take by M/SI.
The stocks for which we propose to authorize take by TPWD are
grouped in the Gulf of Mexico BSE SAR. Abundance data show all but 2 of
the 27 stocks grouped into the SAR are more than 8 years old and,
therefore, PBR is undetermined. Similar to the SEFSC, we consulted
marine mammal experts at the SEFSC to derive abundance and PBRs for all
stocks. Similar to other areas in the Gulf, annual rates of BSE dolphin
M/SI are aggregated for the entire state of Texas (which contains seven
stocks) in the Gulf of Mexico BSE SAR. Therefore, we again used
information, where available, for each stock from the SAR and Southeast
Marine Mammal Stranding Database to calculate but are described in text
for each of the sources of M/SI (e.g. hook and line, crab pot fishery).
Two stocks are positively identified in the 2016 SAR (Hayes et al.,
2017) as subject to fishing pressure (other than gillnet research for
which we are proposing take): The Copano Bay/Aransas Bay/San Antonio
Bay/Redfish Bay/Espiritu Santo Bay stock and the Nueces Bay/Corpus
Christi Bay stock. For the first stock, in 2010, a calf was
disentangled by stranding network personnel from a crab trap line
wrapped around its peduncle. The animal swam away with no obvious
injuries but was considered seriously injured because it is unknown
whether it was reunited with its mother (Maze-Foley and Garrison,
2016). Hayes et al. (2016) also notes hook and line fisheries have
taken animals from this stock; however, the exact number of animals is
not provided. Therefore, we used the Marine Mammal Stranding Database
for more information on these takes and the
[[Page 6641]]
Nueces Bay stock because they were implicated in the hook and line
takes. For the Copano Bay et al. stock, one animal was a serious injury
and two were mortality from hook and line interaction. For the Nueces
Bay stock, one animal was taken by mortality in 2010 and one in 2013
from hook and line interaction.
Table 16--Summary Information of Estuarine Bottlenose Dolphin Stocks Related to TPWD Gillnet Fishery Surveys
----------------------------------------------------------------------------------------------------------------
Stock Proposed M/ Estimated Proposed
Stock abundance SI take PBR \1\ annual M/SI Residual take/R-PBR
(Nbest) \1\ (annual) \2\ PBR \3\ (%)
----------------------------------------------------------------------------------------------------------------
Laguna Madre...................... 80 0.2 0.3 0 0.3 66.67
Nueces Bay, Corpus Christi Bay \4\ 150 0.2 1.3 0.4 0.9 22.22
Copano Bay, Aransas Bay, San 250 0.2 2.1 0.8 0.9 22.2
Antonio Bay, Redfish Bay,
Espiritu Santo Bay \5\...........
Matagorda Bay, Tres Palacios Bay, 150 0.2 1.3 0 1.1 18.18
Lavaca Bay \6\...................
----------------------------------------------------------------------------------------------------------------
\1\ In all cases, population estimates for these stocks are greater than 8 years old (last survey year was
1992); therefore, abundance and PBR are unknown. We solicited expert opinion of the SEFSC to gather the best
available data to generate a population estimate for each stock and then calculated PBR using the estimated
Nbest.
\2\ The estimated annual M/SI reflects the estimated M/SI less the takes for which M/SI take authorization is
now proposed (i.e., it does not include historical takes from TPWD gillnet fishing). Annual M/SI was derived
from the SAR and consulting the NMFS Southeast Marine Mammal Stranding database.
\3\ Residual PBR (r-PBR) = PBR--annual M/SI. No other M/SI is authorized for Texas BSE dolphin stocks.
\4\ The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012-2014. During the biopsy
sampling, photos were taken for photo-ID and 285 individual dolphins with distinct dorsal fins were identified
within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data.
\5\ The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012-2014. During the biopsy
sampling, photos were taken for photo-ID and 524 individual dolphins with distinct dorsal fins were identified
within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data.
\6\ The SEFSC conducted stock structure research (biopsy sampling surveys) from 2012-2014. During the biopsy
sampling, photos were taken for photo-ID and 323 individual dolphins with distinct dorsal fins were identified
within this stock boundaries (NMFS SEFSC, UNPUBLISHED DATA). The Nbest and PBR values reflect these data.
The proposed take exceeds the insignificance threshold (10 percent
r-PBR) for all four Texas stocks. However, it does not exceed r-PBR
when considering other sources of M/SI for any stock. For two stocks
(Laguna Madre and Matagorda Bay, Tres Palacios Bay, Lavaca Bay), there
is no other known source of M/SI according to the SAR. The driving
factor behind the higher percentages of r-PBR is the small stock size
which results in a low PBR. For example, the Laguna Madre stocks has a
population estimate of 80 individuals resulting in low PBR (0.3). This
is a similar scenario to some of the estuarine stocks for which we
propose to issue take to the SEFSC. TPWD would implement mitigation
designed to reduce the potential for take, including research
investigating the effectiveness of reducing gaps between the lead lines
and net. Further, as discussed earlier, dolphins are K-selected species
with variable reproductive rates, and estuarine stocks are not
discretely closed populations with few animals migrating to and from
coastal areas and adjacent waterbodies. The loss of one animal over 5
years is unlikely to result in more than a negligible impact to the
stock's recruitment and survival rates.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from TPWD's gillnet fishing surveys will have a negligible
impact on affected marine mammal species or stocks.
Small Numbers
As noted above, only small numbers of incidental take may be
authorized under Section 101(a)(5)(D) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, where estimated numbers are
available, NMFS compares the number of individuals taken to the most
appropriate estimation of abundance of the relevant species or stock in
our determination of whether an authorization is limited to small
numbers of marine mammals. Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.
Small Numbers Analysis--SEFSC
The total amount of take proposed for all estuarine and coastal
bottlenose dolphin stocks is less than one percent of each estuarine
stock and less than 12 percent of all coastal stocks (Table 17; we note
this 12 percent is conservatively high because it considers that all
Level B take would come from any given single stock). For pelagic
stocks, the total amount of take is less than 13 percent of the
estimated population size (Table 18).
Table 17--Amount of Proposed Taking of Estuarine and Coastal Bottlenose Dolphin Stocks in the ARA and GOMRA
Related to Stock Abundance
----------------------------------------------------------------------------------------------------------------
Stock
Stock abundance Proposed Proposed M/SI Proposed take
(Nbest) level B Take take (annual) % population
----------------------------------------------------------------------------------------------------------------
Atlantic
----------------------------------------------------------------------------------------------------------------
Northern South Carolina Estuarine Stock \1\..... 50 0 0.2 0.40
Charleston Estuarine System Stock \1\........... 289 0.2 0.07
Northern Georgia/Southern South Carolina 250 0.2 0.08
Estuarine System Stock \1\.....................
Central Georgia Estuarine System................ 192 0.2 0.10
Southern Georgia Estuarine System Stock......... 194 0.2 0.10
Jacksonville Estuarine System Stock \1\......... 412 0.2 0.05
Florida Bay Stock \1\........................... 514 0.2 0.04
[[Page 6642]]
South Carolina/Georgia Coastal Stock............ 6,027 0.6 0.01
Northern Florida Coastal Stock.................. 877 110 0.6 12.61
Central Florida Coastal Stock................... 1,218 0.6 9.08
Northern Migratory Coastal Stock................ 6,639 0.6 1.67
Southern Migratory Coastal Stock................ 3,751 0.6 2.95
----------------------------------------------------------------------------------------------------------------
Gulf of Mexico
----------------------------------------------------------------------------------------------------------------
Terrebonne Bay, Timbalier Bay \1\............... 100 0 0.2 0.20
Mississippi River Delta \1\..................... 332 0.2 0.06
Mississippi Sound, Lake Borgne, Bay Boudreau \3\ 3,046 0.2 (M/SI), 0.01
0.2 (Level A)
Mobile Bay, Bonsecour Bay \1\................... 122 0.2 0.16
St. Andrew Bay \1\.............................. 124 0.2 0.16
St. Joseph Bay.................................. 152 0.2 0.13
St. Vincent Sound, Apalachicola Bay, St. George 439 0.2 0.05
Sound \1\......................................
Apalachee Bay \1\............................... 491 0.2 0.04
Waccasassa Bay, Withlacoochee Bay, Crystal Bay 100 0.2 0.20
\1\............................................
Northern Gulf of Mexico Western Coastal Stock... 20,161 350 0.6 1.74
Northern Gulf of Mexico Northern Coastal Stock.. 7,185 0.6 4.88
Northern Gulf of Mexico Eastern Coastal Stock... 12,388 0.6 2.83
----------------------------------------------------------------------------------------------------------------
Table 18--Amount of Proposed Taking of Pelagic Stocks in the ARA, GOMRA, and CRA to the SEFSC Related to Stock
Abundance
----------------------------------------------------------------------------------------------------------------
Proposed Total
Abundance level B Proposed M/ proposed
Species Stock (Nbest) take SI take take %
(annual) (annual) population
----------------------------------------------------------------------------------------------------------------
N Atlantic right whale.............. Western North Atlantic 451 4 0 0.89
Fin whale........................... Western North Atlantic 1,618 4 0 0.25
Sei whale........................... Western North Atlantic 357 4 0 1.12
Humpback whale...................... Gulf of Maine......... 896 4 0 0.45
Minke whale......................... Western North Atlantic 2,591 4 0 0.15
Bryde's whale....................... Northern Gulf of 33 4 0 12.12
Mexico.
Sperm whale......................... North Atlantic........ 2,288 4 0 0.17
Northern Gulf of 763 17 0 2.23
Mexico.
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 77,532 39 0.8 0.05
Offshore.
N Gulf of Mexico 5,806 100 0.8 1.74
Oceanic.
N Gulf of Mexico 51,192 350 0.8 0.69
Continental Shelf.
Puerto Rico/USVI...... unk 50 0.2 unk
Harbor porpoise..................... Gulf of Maine/Bay of 79,833 0 0.2 0.00
Fundy.
[[Page 6643]]
Unidentified delphinid.............. Western North n/a 0 0.2 n/a
Atlantic.
N Gulf of Mexico 0.2
Puerto Rico/USVI 0.2
Harbor seal......................... Western North Atlantic 75,834 0 0.2 0.00
Gray seal........................... Western North Atlantic 27,131 0 0.2 0.00
----------------------------------------------------------------------------------------------------------------
The majority of stocks would see take less than 5 percent of the
population taken with the greatest percentage being 12 from Bryde's
whales in the Gulf of Mexico. However, this is assuming all takes came
from the same stock of beaked whales which is unlikely. Where stock
numbers are unknown, we would expect a similar small amount of take
relative to population sizes.
Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS preliminarily finds that small
numbers of marine mammals will be taken relative to the population size
of the affected species or stocks.
Small Numbers Analysis--TPWD
As noted above, only small numbers of incidental take may be
authorized under Section 101(a)(5)(A) of the MMPA for specified
activities. The MMPA does not define small numbers and so, in practice,
where estimated numbers are available, NMFS compares the number of
individuals taken to the most appropriate estimation of abundance of
the relevant species or stock in our determination of whether an
authorization is limited to small numbers of marine mammals.
Additionally, other qualitative factors may be considered in the
analysis, such as the temporal or spatial scale of the activities.
Table 19 provides information relating to this small numbers
analysis for the proposed authorization to TPWD. The total annual
amount of taking proposed for authorization is less than one percent
for affected Texas estuarine dolphin stocks.
Table 19--Amount of Proposed Taking of Texas Bottlenose Dolphin Stocks Relative to Stock Abundance
----------------------------------------------------------------------------------------------------------------
Abundance Proposed M/SI Proposed take
Stock (Nbest) take (annual) % Population
----------------------------------------------------------------------------------------------------------------
Laguna Madre \4\................................................ 80 0.2 0.25
Nueces Bay, Corpus Christi Bay \5\.............................. 150 0.2 0.13
Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu 250 0.2 0.08
Santo Bay \6\..................................................
Matagorda Bay, Tres Palacios Bay, Lavaca Bay \7\................ 150 0.2 0.13
----------------------------------------------------------------------------------------------------------------
Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS preliminarily finds that small
numbers of marine mammals will be taken relative to the population size
of the affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by the issuance of regulations to
the SEFSC or TPWD. Therefore, NMFS has determined that the total taking
of affected species or stocks would not have an unmitigable adverse
impact on the availability of such species or stocks for taking for
subsistence purposes.
Adaptive Management
The proposed regulations governing the take of marine mammals
incidental to SEFSC fisheries research survey operations contain an
adaptive management component which is both valuable and necessary
within the context of five-year regulations for activities that have
been associated with marine mammal mortality. The use of adaptive
management allows OPR to consider new information from different
sources to determine (with input from the SEFSC and TPWD regarding
practicability) on an annual or biennial basis if mitigation or
monitoring measures should be modified (including additions or
deletions). The coordination and reporting requirements in this
proposed rule are designed to provide OPR with data to allow
consideration of whether any changes to mitigation and monitoring is
necessary. OPR and the SEFSC or TPWD will meet annually to discuss the
monitoring reports and current science and whether mitigation or
monitoring modifications are appropriate. Decisions will also be
informed by findings from any established working groups,
investigations into gear modifications and dolphin-gear interactions,
new stock data, and coordination efforts between all NMFS Fisheries
Science Centers. Mitigation measures could be modified if new data
suggest that such modifications would have a reasonable likelihood of
reducing adverse effects to marine mammals and if the measures are
practicable. In addition, any M/SI takes by the SEFSC or TPWD and
affiliates are required to be submitted within 48 hours to the PSIT
database and OPR will be made aware of the take. If there is an
immediate need to revisit monitoring and mitigation measures based on
any given take, OPR and SEFSC or TPWD would meet as needed.
The following are some of the possible sources of applicable data
to be considered through the adaptive management process: (1) Results
from monitoring reports, as required by MMPA authorization; (2) results
from general marine mammal and sound research; (3) any information
which reveals that marine mammals may have been taken in a manner,
extent, or
[[Page 6644]]
number not authorized by these regulations or subsequent LOAs; and (4)
findings from any mitigation research (e.g., gear modification). In
addition, developments on the effectiveness of mitigation measures as
discovered through research (e.g., stiffness of lazy lines) will inform
adaptive management strategies. Finally, the SEFSC-SCDNR working group
is investigating the relationships between SCDNR research surveys and
marine mammal takes. Any report produced by that working group will
inform improvements to marine mammal monitoring and mitigation.
Endangered Species Act (ESA)
On May 9, 2016, NMFS Southeast Regional Office (SERO) issued a
Biological Opinion on Continued Authorization and Implementation of
National Marine Fisheries Service's Integrated Fisheries Independent
Monitoring Activities in the Southeast Region. The Biological Opinion
found independent fishery research is not likely to adversely affect
the following ESA-listed species: Blue whales, sei whales, sperm
whales, fin whales, humpback whales, North Atlantic right whales, gulf
sturgeon and all listed corals in the action area. NMFS amended this
Biological Opinion on June 4, 2018, updating hearing group information
based on the best available science and adding NMFS OPR as an action
agency. Similar to the previous finding, the amended Biological Opinion
concluded SEFSC independent fishery research is not likely to adversely
affect listed marine mammals.
Bottlenose dolphins are not listed under the ESA; therefore,
consultation under section 7 of the ESA is not warranted for the
issuance of regulations and associated LOA to the TPWD.
Request for Information
NMFS requests interested persons to submit comments, information,
and suggestions concerning the NWFSC request and the proposed
regulations (see ADDRESSES). All comments will be reviewed and
evaluated as we prepare final rules and make final determinations on
whether to issue the requested authorizations. This notice and
referenced documents provide all environmental information relating to
our proposed action for public review.
Classification
Pursuant to the procedures established to implement Executive Order
12866, the Office of Management and Budget has determined that this
proposed rule is not significant.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
the Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The SEFSC and TPWD are the sole entities that would be subject to the
requirements in these proposed regulations, and the SEFSC and TPWD are
not small governmental jurisdictions, small organizations, or small
businesses, as defined by the RFA. Because of this certification, a
regulatory flexibility analysis is not required and none has been
prepared.
The proposed rule for the SEFSC does not contain a collection-of-
information requirement subject to the provisions of the Paperwork
Reduction Act (PRA) because the applicant is a Federal agency. However,
the TWPD is not a federal agency. Notwithstanding any other provision
of law, no person is required to respond to nor shall a person be
subject to a penalty for failure to comply with a collection of
information subject to the requirements of the PRA unless that
collection of information displays a currently valid OMB control
number. The proposed rule for TPWD contains collection-of-information
requirements subject to the provisions of the PRA. These requirements
have been approved by OMB under control number 0648-0151 and include
applications for regulations, subsequent LOAs, and reports.
List of Subjects in 50 CFR Part 219
Endangered and threatened species, Fish, Marine mammals, Reporting
and recordkeeping requirements, Wildlife.
Dated: February 13, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set forth in the preamble, 50 CFR part 219 is proposed
to be amended as follows:
PART 219--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
1. The authority citation for part 219 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
0
2. Add subpart H to part 219 to read as follows:
Subpart H--Taking Marine Mammals Incidental to Southeast Fisheries
Science Center Fisheries Research in the Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea
Sec.
219.71 Specified activity and specified geographical region.
219.72 Effective dates.
219.73 Permissible methods of taking.
219.74 Prohibitions.
219.75 Mitigation requirements.
219.76 Requirements for monitoring and reporting.
219.77 Letters of Authorization.
219.78 Renewals and modifications of Letters of Authorization.
219.79-219.80 [Reserved]
Subpart H--Taking Marine Mammals Incidental to Southeast Fisheries
Science Center Fisheries Research in the Atlantic Ocean, Gulf of
Mexico, and Caribbean Sea
Sec. 219.71 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the National Marine
Fisheries Service's (NMFS) Southeast Fisheries Science Center (SEFSC)
and those persons it authorizes or funds to conduct fishery-independent
research surveys on its behalf for the taking of marine mammals that
occurs in the area outlined in paragraph (b) of this section and that
occurs incidental to SEFSC and partner research survey program
operations.
(b) The taking of marine mammals by the SEFSC and partners may be
authorized in a 5-year Letter of Authorization (LOA) only if it occurs
during fishery research surveys in the Atlantic Ocean, Gulf of Mexico,
and Caribbean Sea.
Sec. 219.72 Effective dates.
Regulations in this subpart are effective from [EFFECTIVE DATE OF
FINAL RULE] through [DATE 5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE].
Sec. 219.73 Permissible methods of taking.
(a) Under a LOA issued pursuant to Sec. Sec. 216.106 of this
chapter and 219.77, the Holder of the LOA (hereinafter ``SEFSC'') may
incidentally, but not intentionally, take marine mammals within the
areas described in Sec. 219.71 by Level A harassment, serious injury,
or mortality associated with fisheries research gear including trawls,
gillnets, and hook and line, and Level B harassment associated with use
of active acoustic systems provided the activity is in compliance with
all terms, conditions, and requirements of the regulations in this
subpart and the relevant LOA.
[[Page 6645]]
Sec. 219.74 Prohibitions.
Notwithstanding takings contemplated in Sec. 219.73 and authorized
by a LOA issued under Sec. Sec. 216.106 of this chapter and 219.77, no
person in connection with the activities described in Sec. 219.71 may:
(a) Violate, or fail to comply with, the terms, conditions, and
requirements of this subpart or a LOA issued under Sec. Sec. 216.106
of this chapter and 219.77;
(b) Take any marine mammal species or stock not specified in the
LOA;
(c) Take any marine mammal in any manner other than as specified in
the LOA;
(d) Take a marine mammal specified in such LOA in numbers exceeding
those for which NMFS determines results in more than a negligible
impact on the species or stocks of such marine mammal; or
(e) Take a marine mammal specified in such LOA if NMFS determines
such taking results in an unmitigable adverse impact on the species or
stock of such marine mammal for taking for subsistence uses.
Sec. 219.75 Mitigation requirements.
When conducting the activities identified in Sec. 219.71, the
mitigation measures contained in any LOA issued under Sec. Sec.
216.106 of this chapter and 219.77 must be implemented. These
mitigation measures shall include but are not limited to:
(a) General conditions. (1) SEFSC shall take all necessary measures
to coordinate and communicate in advance of each specific survey with
the National Oceanic and Atmospheric Administration's (NOAA) Office of
Marine and Aviation Operations (OMAO) or other relevant parties on non-
NOAA platforms to ensure that all mitigation measures and monitoring
requirements described herein, as well as the specific manner of
implementation and relevant event-contingent decision-making processes,
are clearly understood and agreed upon;
(2) SEFSC shall coordinate and conduct briefings at the outset of
each survey and as necessary between ship's crew (Commanding Officer/
master or designee(s), as appropriate) and scientific party in order to
explain responsibilities, communication procedures, marine mammal
monitoring protocol, and operational procedures;
(3) SEFSC shall coordinate, on an annual basis, with all partners
to ensure that requirements, procedures, and decision-making processes
are understood and properly implemented.
(4) Where appropriate, SEFSC shall establish and maintain
cooperating partner working group(s) to identify circumstances of a
take should it occur and any action necessary to avoid future take.
(i) Working groups shall be established if a partner takes more
than one marine mammal within 5 years to identify circumstances of
marine mammal take and necessary action to avoid future take. Each
working group shall meet at least once annually.
(ii) Each working group shall consist of at least one SEFSC
representative knowledgeable of the mitigation, monitoring and
reporting requirements contained within these regulations, one or more
research institution or SEFSC representative(s) (preferably
researcher(s) aboard vessel when take or risk of take occurred), one or
more staff from NMFS Southeast Regional Office Protected Resources
Division, and one or more staff from NMFS Office of Protected
Resources.
(5) When deploying any type of sampling gear at sea, SEFSC shall at
all times monitor for any unusual circumstances that may arise at a
sampling site and use best professional judgment to avoid any potential
risks to marine mammals during use of all research equipment.
(6) SEFSC shall implement handling and/or disentanglement protocols
as specified in the guidance that shall be provided to survey
personnel. At least two persons aboard SEFSC ships and one person
aboard smaller vessels, including vessels operated by partners where no
SEFSC staff are present, will be trained in marine mammal handling,
release, and disentanglement procedures.
(7) For all research surveys using trawl, hook and line, or seine
net gear in open-ocean waters (as defined from the coastline seaward),
the SEFSC must implement move-on rule mitigation protocol upon
observation of any marine mammal other than dolphins and porpoises
attracted to the vessel. If marine mammals (other than dolphins or
porpoises) are observed within 500 m of the planned location in the 10
minutes before setting gear, or are considered at risk of interacting
with the vessel or research gear, or appear to be approaching the
vessel and are considered at risk of interaction, the SEFSC shall move
on to another sampling location or remain on site but delay gear
deployment until the animals departs the area or appears to no longer
be at risk of interacting with the vessel or gear. Once the animal is
no longer considered a risk, another 10-minute observation shall be
conducted. If no marine mammals are observed during this subsequent
observation period or the visible animal(s) still does not appear to be
at risk of interaction, then the set may be made. If the vessel is
moved to a different section of the sampling area, the move-on rule
mitigation protocol would begin anew. If, after moving on, marine
mammals remain at risk of interaction, the SEFSC shall move again or
skip the station. Marine mammals that are sighted further than 500 m
from the vessel shall be monitored to determine their position and
movement in relation to the vessel to determine whether the move-on
rule mitigation protocol should be implemented. The SEFSC may use best
professional judgment, in accordance with this paragraph, in making
decisions related to deploying gear.
(8) SEFSC shall maintain visual monitoring effort during the entire
period of time that trawl, hook and line, and seine net gear is in the
water (i.e., throughout gear deployment, fishing, and retrieval). If
marine mammals are sighted before the gear is fully removed from the
water, SEFSC shall take the most appropriate action to avoid marine
mammal interaction. SEFSC may use best professional judgment in making
this decision.
(9) If research operations have been suspended because of the
presence of marine mammals, SEFSC may resume operations when
practicable only when the animals are believed to have departed the
area. SEFSC may use best professional judgment in making this
determination;
(b) Trawl and seine survey mitigation. In addition to the general
conditions provided in Sec. 219.75(a), the following measures must be
implemented during trawl and seine surveys:
(1) SEFSC shall conduct fishing operations as soon as is
practicable upon arrival at the sampling station and prior to other
environmental sampling not involving trawl nets.
(2) The SEFSC shall limit tow times to 30 minutes (except for sea
turtle research trawls);
(3) The SEFSC shall, during haul back, open cod end close to deck/
sorting table to avoid damage to animals that may be caught in gear and
empty gear as quickly as possible after retrieval haul back;
(4) The SEFSC shall delay gear deployment if any marine mammals are
believed to be at-risk of interaction;
(5) The SEFSC shall retrieve gear immediately if any marine mammals
are believed to be entangled or at-risk of entanglement;
(6) Dedicated marine mammal observations shall occur at least 15
minutes prior to the beginning of net deployment. This watch may
include
[[Page 6646]]
approach to the sampling station. Marine mammal watches should be
conducted by systematically scanning the surrounding waters and marsh
edge (if visible) 360 degrees around the vessel. If dolphin(s) are
sighted and believed to be at-risk of interaction (e.g., moving in the
direction of the vessel/gear; moms/calves close to the gear; etc.),
gear deployment should be delayed until the animal(s) are no longer at
risk or have left the area on their own. If species other than dolphins
are sighted, trawling must not be initiated and the marine mammal(s)
must be allowed to either leave or pass through the area safely before
trawling is initiated. All marine mammal sightings must be logged and
reported per 219.76 of this section.
(7) Retrieve gear immediately if marine mammals are believed to be
captured/entangled and follow disentanglement protocols.
(8) The SEFSC shall minimize ``pocketing'' in areas of trawl nets
where dolphin depredation evidence is commonly observed;
(9) When conducting research under an ESA section 10(a)(1)(A)
scientific research permit issued by NMFS, all marine mammal monitoring
protocol contained within that permit must be implemented.
(10) SEFSC shall implement standard survey protocols to minimize
potential for marine mammal interactions, including maximum tow
durations at target depth and maximum tow distance, and shall carefully
empty the trawl as quickly as possible upon retrieval. Trawl nets must
be cleaned prior to deployment.
(11) The SEFSC shall continue investigation into gear modifications
(e.g., stiffening lazy lines) and the effectiveness of gear
modification.
(c) Hook and line (including longline) survey mitigation--In
addition to the General Conditions provided in paragraph(a) of this
section, the following measures must be implemented during hook and
line surveys:
(1) SEFSC shall deploy hook and line gear as soon as is practicable
upon arrival at the sampling station.
(2) SEFSC shall initiate marine mammal watches (visual observation)
no less than 30 minutes prior to both deployment and retrieval of
longline gear. Marine mammal watches shall be conducted by scanning the
surrounding waters with the naked eye and range-finding binoculars (or
monocular). During nighttime operations, visual observation shall be
conducted using the naked eye and available vessel lighting.
(3) SEFSC shall implement the move-on rule mitigation protocol, as
described in Sec. paragraph(a)(6) of this section.
(4) SEFSC shall maintain visual monitoring effort during the entire
period of gear deployment and retrieval. If marine mammals are sighted
before the gear is fully deployed or retrieved, SEFSC shall take the
most appropriate action to avoid marine mammal interaction. SEFSC may
use best professional judgment in making this decision.
(5) If deployment or retrieval operations have been suspended
because of the presence of marine mammals, SEFSC may resume such
operations when practicable only when the animals are believed to have
departed the area. SEFSC may use best professional judgment in making
this decision.
(6) SEFSC shall implement standard survey protocols, including
maximum soak durations and a prohibition on chumming.
Sec. 219.76 Requirements for monitoring and reporting.
(a) Compliance coordination. SEFSC shall designate a compliance
coordinator who shall be responsible for ensuring and documenting
compliance with all requirements of any LOA issued pursuant to
Sec. Sec. 216.106 of this chapter and 219.77 and for preparing for any
subsequent request(s) for incidental take authorization.
(b) Visual monitoring program. (1) Marine mammal visual monitoring
shall occur prior to deployment of trawl, net, and hook and line gear,
respectively; throughout deployment of gear and active fishing of
research gears (not including longline soak time); prior to retrieval
of longline gear; and throughout retrieval of all research gear.
(2) Marine mammal watches shall be conducted by watch-standers
(those navigating the vessel and/or other crew) at all times when the
vessel is transiting to avoid ship strike.
(c) Training. (1) SEFSC must conduct annual training for all SEFSC
and affiliate chief scientists and other personnel who may be
responsible for conducting dedicated marine mammal visual observations
to explain mitigation measures and monitoring and reporting
requirements in the LOA, mitigation and monitoring protocols, marine
mammal identification, completion of datasheets, and use of equipment.
SEFSC may determine the agenda for these trainings.
(2) SEFSC shall also dedicate a portion of training to discussion
of best professional judgment, including use in any incidents of marine
mammal interaction and instructive examples where use of best
professional judgment was determined to be successful or unsuccessful.
(3) SEFSC shall coordinate with NMFS' Office of Science and
Technology to ensure training and guidance related to handling
procedures and data collection is consistent with other fishery science
centers, where appropriate.
(d) Handling procedures and data collection. (1) SEFSC must
implement standardized marine mammal handling, disentanglement, and
data collection procedures. These standard procedures will be subject
to approval by NMFS' Office of Protected Resources (OPR).
(2) For any marine mammal interaction involving the release of a
live animal, SEFSC shall collect necessary data to facilitate a serious
injury determination.
(3) SEFSC shall provide its relevant personnel with standard
guidance and training regarding handling of marine mammals, including
how to identify different species, bring an individual aboard a vessel,
assess the level of consciousness, remove fishing gear, return an
individual to water, and log activities pertaining to the interaction.
(4) SEFSC shall record such data on standardized forms, which will
be subject to approval by OPR. SEFSC shall also answer a standard
series of supplemental questions regarding the details of any marine
mammal interaction.
(e) Reporting. (1) Marine mammal capture/entanglements (live or
dead) must be reported immediately to the Southeast Region Marine
Mammal Stranding Hotline at 1-877-433-8299 and SEFSC and to OPR and
NMFS Southeast Regional Office (SERO, 727-551-5780) within 48 hours of
occurrence. Also within 48 hours, SEFSC shall log the incident in NMFS'
Protected Species Incidental Take (PSIT) database and provide any
supplemental information to OPR and SERO upon request. Information
related to marine mammal interaction (animal captured or entangled in
research gear) must include details of research survey, monitoring
conducted prior to interaction, full descriptions of any observations
of the animals, the context (vessel and conditions), decisions made,
and rationale for decisions made in vessel and gear handling.
(2) Annual reporting:
(i) SEFSC shall submit an annual summary report to OPR not later
than ninety days following the end of a given year. SEFSC shall provide
a final report within thirty days following resolution of comments on
the draft report;
[[Page 6647]]
(ii) These reports shall contain, at minimum, the following:
(A) Annual line-kilometers and locations surveyed during which the
EK60, ME70, SX90 (or equivalent sources) were predominant and
associated pro-rated estimates of actual take;
(B) Summary information regarding use of all trawl, gillnet, and
hook and line gear, including location, number of sets, hook hours,
tows, etc., specific to each gear;
(C) Accounts of surveys where marine mammals were observed during
sampling but no interactions occurred;
(D) All incidents of marine mammal interactions, including
circumstances of the event and descriptions of any mitigation
procedures implemented or not implemented and why and, if released
alive, serious injury determinations;
(E) A written evaluation of the effectiveness of SEFSC mitigation
strategies in reducing the number of marine mammal interactions with
survey gear, including gear modifications and best professional
judgment and suggestions for changes to the mitigation strategies, if
any;
(F) A summary of all relevant training provided by SEFSC and any
coordination with NMFS Office of Science and Technology and the
Southeast Regional Office; and
(G) A summary of meetings and workshops outcomes with the South
Carolina Department of Natural Resources designed to reduce the number
of marine mammal interactions
(f) Reporting of injured or dead marine mammals. (1) In the
unanticipated event that the activity defined in Sec. 219.71(a)
clearly causes the take of a marine mammal in a prohibited manner,
SEFSC personnel engaged in the research activity shall immediately
cease such activity until such time as an appropriate decision
regarding activity continuation can be made by the SEFSC Director (or
designee). The incident must be reported immediately to OPR and SERO.
OPR and SERO will review the circumstances of the prohibited take and
work with SEFSC to determine what measures are necessary to minimize
the likelihood of further prohibited take. The immediate decision made
by SEFSC regarding continuation of the specified activity is subject to
OPR concurrence. The report must include the information included in
paragraph (f)(2) of this section.
(2) SEFSC or partner shall report all injured or dead marine
mammals observed during fishery research surveys that are not
attributed to the specified activity to the Southeast Regional
Stranding Coordinator within 24 hours. If the discovery is made by a
partner, the report shall also be submitted to the SEFSC Environmental
Compliance Coordinator. The following information shall be provided:
(i) Time, date, and location (latitude/longitude) of the incident;
(ii) Description of the incident including, but not limited to,
monitoring prior to and occurring at time of incident;
(iii) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility);
(iv) Description of all marine mammal observations in the 24 hours
preceding the incident;
(v) Species identification or description of the animal(s)
involved;
(vi) Status of all sound source or gear used in the 24 hours
preceding the incident;
(vii) Water depth;
(viii) Fate of the animal(s) (e.g., dead, injured but alive,
injured and moving, blood or tissue observed in the water, status
unknown, disappeared, etc.); and
(ix) Photographs or video footage of the animal(s).
(3) In the event of a ship strike of a marine mammal by any SEFSC
or partner vessel involved in the activities covered by the
authorization, SEFSC or partner shall immediately report the
information in paragraph (f)(2) of this section, as well as the
following additional information:
(i) Vessel's speed during and leading up to the incident;
(ii) Vessel's course/heading and what operations were being
conducted,
(iii) Status of all sound sources in use,
(iv) Description of avoidance measures/requirements that were in
place at the time of the strike and what additional measures were
taken, if any, to avoid strike.
(v) Estimated size and length of animal that was struck;
(vi) Description of the behavior of the marine mammal immediately
preceding and following the strike.
Sec. 219.77 Letters of Authorization.
(a) To incidentally take marine mammals pursuant to these
regulations, SEFSC must apply for and obtain an LOA.
(b) An LOA, unless suspended or revoked, may be effective for a
period of time not to exceed the expiration date of these regulations.
(c) In the event of projected changes to the activity or to
mitigation and monitoring measures required by an LOA, SEFSC must apply
for and obtain a modification of the LOA as described in Sec. 219.78.
(d) The LOA shall set forth:
(1) Permissible methods of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e.,
mitigation) on the species, its habitat, and on the availability of the
species for subsistence uses; and
(3) Requirements for monitoring and reporting.
(e) Issuance of the LOA shall be based on a determination that the
level of taking will be consistent with the findings made for the total
taking allowable under these regulations.
(f) Notice of issuance or denial of an LOA shall be published in
the Federal Register within thirty days of a determination.
Sec. 219.78 Renewals and modifications of Letters of Authorization.
(a) An LOA issued under Sec. Sec. 216.106 of this chapter and
219.77 for the activity identified in Sec. 219.71(a) shall be renewed
or modified upon request by the applicant, provided that:
(1) The proposed specified activity and mitigation, monitoring, and
reporting measures, as well as the anticipated impacts, are the same as
those described and analyzed for these regulations (excluding changes
made pursuant to the adaptive management provision in paragraph (c)(1)
of this section), and
(2) OPR determines that the mitigation, monitoring, and reporting
measures required by the previous LOA under these regulations were
implemented.
(b) For an LOA modification or renewal requests by the applicant
that include changes to the activity or the mitigation, monitoring, or
reporting (excluding changes made pursuant to the adaptive management
provision in paragraph (c)(1) of this section) that do not change the
findings made for the regulations or result in no more than a minor
change in the total estimated number of takes (or distribution by
species or years), OPR may publish a notice of proposed LOA in the
Federal Register, including the associated analysis of the change, and
solicit public comment before issuing the LOA.
(c) An LOA issued under Sec. Sec. 216.106 of this chapter and
219.77 for the activity identified in Sec. 219.71(a) may be modified
by Office of Protected Resources (OPR) under the following
circumstances:
(1) Adaptive management. OPR may modify or augment the existing
mitigation, monitoring, or reporting measures (after consulting with
SEFSC regarding the practicability of the modifications) if doing so
creates a
[[Page 6648]]
reasonable likelihood of more effectively accomplishing the goals of
the mitigation and monitoring set forth in the preamble for these
regulations.
(i) If, through adaptive management, the modifications to the
mitigation, monitoring, or reporting measures are substantial, OPR will
publish a notice of proposed LOA in the Federal Register and solicit
public comment.
(ii) [Reserved]
(2) Emergencies. If OPR determines that an emergency exists that
poses a significant risk to the well-being of the species or stocks of
marine mammals specified in LOAs issued pursuant to Sec. Sec. 216.106
of this chapter and 219.77, an LOA may be modified without prior notice
or opportunity for public comment. Notice would be published in the
Federal Register within thirty days of the action.
Sec. Sec. 219.79--219.80 [Reserved]
PART 219--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
3. The authority citation for part 219 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
0
4. Add subpart I to part 219 to read as follows:
Subpart I--Taking Marine Mammals Incidental to Texas Parks and Wildlife
Department Gillnet Fisheries Research in the Gulf of Mexico
Sec.
219.81 Specified activity and specified geographical region.
219.82 Effective dates.
219.83 Permissible methods of taking.
219.84 Prohibitions.
219.85 Mitigation requirements.
219.86 Requirements for monitoring and reporting.
219.87 Letters of Authorization.
219.88 Renewals and modifications of Letters of Authorization.
219.89-219.90 [Reserved]
Subpart I--Taking Marine Mammals Incidental to Texas Parks and
Wildlife Department Gillnet Fisheries Research in the Gulf of
Mexico
Sec. 219.81 Specified activity and specified geographical region.
(a) Regulations in this subpart apply only to the Texas Parks and
Wildlife Department (TPWD) and those persons acting under its authority
during gillnet fishery research surveys for the taking of marine
mammals that occurs in the area outlined in paragraph (b) of this
section and that occurs incidental to research survey program
operations.
(b) The taking of marine mammals by TPWD may be authorized in a 5-
year Letter of Authorization (LOA) only if the taking occurs within the
following Texas bays: East Matagorda, Matagorda, San Antonio, Aransas,
Corpus Christi, upper Laguna Madre and lower Laguna Madre.
Sec. 219.82 Effective dates.
Regulations in this subpart are effective from [EFFECTIVE DATE OF
FINAL RULE] through [DATE 5 YEARS AFTER EFFECTIVE DATE OF FINAL RULE].
Sec. 219.83 Permissible methods of taking.
Under a LOA issued pursuant to Sec. Sec. 216.106 of this chapter
and 219.87, the Holder of the LOA (hereinafter ``TPWD'') may
incidentally, but not intentionally, take marine mammals within the
areas described in Sec. 219.81 by Level A harassment, serious injury,
or mortality associated with gillnet fisheries research gear provided
the activity is in compliance with all terms, conditions, and
requirements of the regulations in this subpart and the relevant LOA.
Sec. 219.84 Prohibitions.
Notwithstanding takings contemplated in Sec. 219.103 and
authorized by a LOA issued under Sec. Sec. 216.106 of this chapter and
219.87, no person in connection with the activities described in Sec.
219.81 may:
(a) Violate, or fail to comply with, the terms, conditions, and
requirements of this subpart or a LOA issued under Sec. Sec. 216.106
of this chapter and 219.87;
(b) Take any marine mammal species or stock not specified in the
LOA;
(c) Take any marine mammal in any manner other than as specified in
the LOA;
(d) Take a marine mammal specified in such LOA in numbers exceeding
those for which NMFS determines results in more than a negligible
impact on the species or stocks of such marine mammal; or
(e) Take a marine mammal specified in such LOA if NMFS determines
such taking results in an unmitigable adverse impact on the species or
stock of such marine mammal for taking for subsistence uses.
Sec. 219.85 Mitigation requirements.
When conducting the activities identified in Sec. 219.81(a), the
mitigation measures contained in any LOA issued under Sec. Sec.
216.106 of this chapter and 219.87 must be implemented. These
mitigation measures shall include but are not limited to:
(a) Only new or fully repaired gillnets shall be used. No holes
greater than six inches are permitted.
(b) Upon close approach to the site and prior to setting the net,
researchers shall conduct a dedicated observation for marine mammals
for 15 minutes. If no marine mammals are observed during this time, the
net may be set. If marine mammals are observed during this time or
while setting the net, the net shall not be deployed or will be
immediately removed from the water until such time as the animals has
left the area and is on a path away from the net site.
(c) TPWD shall not set gillnets in dolphin ``hot spots'' defined as
grids where dolphins have been taken on more than one occasion or where
multiple adjacent grids have had at least one dolphin encounter.
(d) TPWD shall tie the float line/lead line to the net at no more
than 4-inch intervals.
(e) Captured live or injured marine mammals shall be released from
research gear and returned to the water as soon as possible with no
gear or as little gear remaining on the animal as possible. Animals are
released without removing them from the water.
(f) At least one person aboard TPWD gillnet vessel shall be trained
in NMFS-approved marine mammal handling, release, and disentanglement
procedures via attendance at NMFS Highly Migratory Species/Protected
Species Safe Handling, Release, and Identification Workshop
(www.nmfs.noaa.gov/sfa/hms/compliance/workshops/protected_species_workshop/index.html) or other similar training.
(g) Each TPWD gillnet researcher shall be familiar with NMFS
Protected Species Safe Handling and Release Manual.
Sec. 219.86 Requirements for monitoring and reporting.
(a) Marine mammal monitoring. TPWD shall monitor for marine mammals
upon 0.5 miles from sampling site and for 15 minutes at sampling site
prior to setting the net. Should a marine mammal be observed within 0.5
miles of the site and is on a path toward the site, the net will not be
deployed. The net may only be deployed if marine mammals are observed
on a path away from the site consistently for 15 minutes or are not re-
sighted within 15 minutes. Should a marine mammal be observed within
0.5 miles of the site and is on a path toward the site, the net will
not be deployed. Should a marine mammal be observed during the 15-
minute observation period at the site, the net shall not be deployed.
The net may only be deployed if marine mammals are observed on a path
away from the site
[[Page 6649]]
consistently for 15 minutes or are not re-sighted within 15 minutes.
(b) Reporting of injured or dead marine mammals. (1) In the
unanticipated event that the activity defined in Sec. 219.81(a)
clearly causes the take of a marine mammal in a prohibited manner, NMFS
Office of Protected Resources (OPR) and NMFS Southeast Regional Office
(SERO). TPWD shall not set any more nets until such time as an
appropriate decision regarding activity continuation can be made by
NMFS OPR and SERO. OPR and SERO will review the circumstances of the
prohibited take and work with SEFSC to determine what measures are
necessary to minimize the likelihood of further prohibited take. The
report must include the information included in paragraph (b)(2) of
this section, details of research survey, monitoring conducted prior to
interaction, full descriptions of any observations of the animals, the
context (vessel and conditions), decisions made, and rationale for
decisions made in vessel and gear handling.
(2) TPWD shall report all injured or dead marine mammals observed
during fishery research surveys that are not attributed to the
specified activity to the Southeast Regional Stranding Coordinator
within 24 hours. The following information shall be provided:
(i) Time, date, and location (latitude/longitude) of the incident;
(ii) Description of the incident including, but not limited to,
monitoring prior to and occurring at time of incident;
(iii) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility);
(iv) Description of all marine mammal observations in the 24 hours
preceding the incident;
(v) Species identification or description of the animal(s)
involved;
(vi) Status of all sound source or gear used in the 24 hours
preceding the incident;
(vii) Water depth;
(viii) Fate of the animal(s) (e.g. dead, injured but alive, injured
and moving, blood or tissue observed in the water, status unknown,
disappeared, etc.); and
(ix) Photographs or video footage of the animal(s).
(c) Annual reporting. (1) TPWD shall submit an annual summary
report to OPR not later than ninety days following the end of the fall
sampling season. TPWD shall provide a final report within thirty days
following resolution of comments on the draft report.
(2) These reports shall contain, at minimum, the following:
(i) Locations and time/date of all net sets;
(ii) All instances of marine mammal observations and descriptions
of any mitigation procedures implemented or not implemented and why;
(iii) All incidents of marine mammal interactions, including all
information required in paragraph (b) of this section;
(iv) A written evaluation of the effectiveness of TPWD mitigation
strategies in reducing the number of marine mammal interactions with
survey gear, including gear modifications and best professional
judgment and suggestions for changes to the mitigation strategies, if
any;
(v) A summary of all relevant marine mammal training and any
coordination with OPR and SERO.
Sec. 219.87 Letters of Authorization.
(a) To incidentally take marine mammals pursuant to these
regulations, SEFSC must apply for and obtain an LOA.
(b) An LOA, unless suspended or revoked, may be effective for a
period of time not to exceed the expiration date of these regulations.
(c) In the event of projected changes to the activity or to
mitigation and monitoring measures required by an LOA, TPWD must apply
for and obtain a modification of the LOA as described in Sec. 219.88.
(d) The LOA shall set forth:
(1) Permissible methods of incidental taking;
(2) Means of effecting the least practicable adverse impact (i.e.,
mitigation) on the species, its habitat, and on the availability of the
species for subsistence uses; and
(3) Requirements for monitoring and reporting.
(e) Issuance of the LOA shall be based on a determination that the
level of taking will be consistent with the findings made for the total
taking allowable under these regulations.
(f) Notice of issuance or denial of an LOA shall be published in
the Federal Register within thirty days of a determination.
Sec. 219.88 Renewals and modifications of Letters of Authorization.
(a) An LOA issued under Sec. Sec. 216.106 of this chapter and
219.87 for the activity identified in Sec. 219.81(a) shall be renewed
or modified upon request by the applicant, provided that:
(1) The proposed specified activity and mitigation, monitoring, and
reporting measures, as well as the anticipated impacts, are the same as
those described and analyzed for these regulations (excluding changes
made pursuant to the adaptive management provision in paragraph (c)(1)
of this section); and
(2) OPR determines that the mitigation, monitoring, and reporting
measures required by the previous LOA under these regulations were
implemented;
(b) For an LOA modification or renewal requests by the applicant
that include changes to the activity or the mitigation, monitoring, or
reporting (excluding changes made pursuant to the adaptive management
provision in paragraph (c)(1) of this section) that do not change the
findings made for the regulations or result in no more than a minor
change in the total estimated number of takes (or distribution by
species or years), OPR may publish a notice of proposed LOA in the
Federal Register, including the associated analysis of the change, and
solicit public comment before issuing the LOA.
(c) An LOA issued under Sec. Sec. 216.106 of this chapter and
219.87 for the activity identified in Sec. 219.71(a) may be modified
by Office of Protected Resources (OPR) under the following
circumstances:
(1) Adaptive Management. OPR may modify or augment the existing
mitigation, monitoring, or reporting measures (after consulting with
SEFSC regarding the practicability of the modifications) if doing so
creates a reasonable likelihood of more effectively accomplishing the
goals of the mitigation and monitoring set forth in the preamble for
these regulations.
(i) If, through adaptive management, the modifications to the
mitigation, monitoring, or reporting measures are substantial, OPR will
publish a notice of proposed LOA in the Federal Register and solicit
public comment.
(ii) [Reserved]
(2) Emergencies. If OPR determines that an emergency exists that
poses a significant risk to the well-being of the species or stocks of
marine mammals specified in LOAs issued pursuant to Sec. Sec. 216.106
of this chapter and 219.87, an LOA may be modified without prior notice
or opportunity for public comment. Notice would be published in the
Federal Register within thirty days of the action.
Sec. 219.89-219.90 [Reserved]
[FR Doc. 2019-02738 Filed 2-26-19; 8:45 am]
BILLING CODE 3510-22-P