Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 219

[Docket No. 150413360-5500-01]

RIN 0648-BF02

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research

AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

ACTION:

Proposed rule; request for comments.

SUMMARY:

NMFS' Office of Protected Resources has received a request from NMFS' Northeast Fisheries Science Center (NEFSC) for authorization to take marine mammals incidental to fisheries research conducted in a specified geographical region, over the course of five years from the date of issuance. As required by the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take, specific to each geographical region and requests comments on the proposed regulations.

DATES:

Comments and information must be received no later than August 10, 2015.

ADDRESSES:

You may submit comments on this document, identified by NOAA-NMFS-2015-0078, by any of the following methods:

•

Electronic submission:

Submit all electronic public comments via the federal e-Rulemaking Portal. Go to

www.regulations.gov,

enter 0648-BF02 in the “Search” box, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

•

Mail:

Comments should be addressed 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:

NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Attachments to electronic comments will be accepted in Microsoft Word or Excel or Adobe PDF file formats only. To help NMFS process and review comments more efficiently, please use only one method to submit comments. All comments received are a part of the public record. NMFS will generally post the comments on

www.regulations.gov

without change. All personal identifying information (

e.g.,

name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT:

Jeannine Cody, Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

The public may obtain a copy of the NEFSC's 2014 application, the 2015 addendum to the application, and any supporting documents as well as a list of the references cited in this document by visiting the Internet at:

www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

In case of problems accessing these documents, please call the contact listed above (see

FOR FURTHER INFORMATION CONTACT

).

Executive Summary

These proposed regulations, under the Marine Mammal Protection Act (16 U.S.C. 1361

et seq.

), establish frameworks for authorizing the take of marine mammals incidental to the NEFSC's fisheries research activities in a specified geographical region (the Atlantic coast region which includes the Northeast U.S. Continental Shelf Large Marine Ecosystem (Northeast LME) and a portion of the Southeast Continental Shelf Large Marine Ecosystem (Southeast LME)).

The NEFSC collects a wide array of information necessary to evaluate the status of exploited fishery resources and the marine environment. Depending on the research, the NEFSC's conducts the following types of research: (1) Fishery-independent research directed by NEFSC scientists and conducted onboard NOAA-owned and operated vessels or NOAA-chartered vessels; (2) fishery-independent research directed by cooperating scientists (other agencies, academic institutions, and independent researchers) conducted onboard non-NOAA vessels; and (3) fishery-dependent research conducted onboard commercial fishing vessels, with or without NOAA scientists onboard.

Purpose and Need for This Regulatory Action

We received an application from the NEFSC requesting five-year regulations and authorization to take multiple species of marine mammals. Take would occur by Level B harassment incidental to the use of active acoustic devices in the Atlantic coast region, and by Level A harassment, serious injury, or mortality incidental to the use of fisheries research gear. The proposed regulations would be valid from 2015 to 2020. Please see “Background” below for definitions of harassment.

Section 101(a)(5)(A) of the MMPA 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 if, after notice and public comment, the agency makes certain findings and issues regulations. These proposed regulations would contain mitigation, monitoring, and reporting requirements.

Legal Authority for the Regulatory Action

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 the five-year regulations and any subsequent Letters of Authorization.

Summary of Major Provisions Within the Proposed Regulations

The following provides a summary of some of the major provisions within the proposed rulemakings for the NEFSC fisheries research activities in the Atlantic coast region. We have preliminarily determined that the NEFSC's adherence to the proposed mitigation, monitoring, and reporting measures listed below would achieve the least practicable adverse impact on the affected marine mammals. They include:

• Required monitoring of the sampling areas to detect the presence of marine mammals before deployment of pelagic trawl nets, pelagic or demersal longline gear, dredge gear, fyke nets, and beach seines.

• Required implementation of standard tow durations of not more than 30 minutes to reduce the likelihood of incidental take of marine mammals.

• Required implementation of the mitigation strategy known as the “move-on rule,” which incorporates best professional judgment, when necessary during pelagic trawl and pelagic longline operations.

• Required compliance with applicable vessel speed restrictions.

• Required compliance with applicable and relevant take reduction plans for marine mammals.

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361

et seq.

) direct 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 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.”

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].

Summary of Request

On December 17, 2014, we received an adequate and complete request from the NEFSC for authorization to take marine mammals incidental to fisheries research activities. We received an initial draft of the request on February 12, 2014, followed by revised drafts on September 19 and October 1, 2014. On December 29, 2014 (79 FR 78065), we published a notice of receipt of the NEFSC's application in the

Federal Register,

requesting comments and information related to the NEFSC request for thirty days. We received comments from the Humane Society of the United States and Whale and Dolphin Conservation, which we considered in development of this proposed rule and which are available on the Internet at:

www.nmfs.noaa.gov/pr/permits/incidental/research.htm

.

The NEFSC proposes to conduct fisheries research using the following types of gear: pelagic trawl gear used at various levels in the water column, pelagic and demersal longlines with multiple hooks, bottom-contact trawls, gillnets, fyke nets, dredges, and other gear. If a marine mammal interacts with gear deployed by the NEFSC, the outcome could potentially be Level A harassment, serious injury (any injury that will likely result in mortality), or mortality. However, information upon which to base a prediction of what the outcome may be for any particular interaction is limited. Therefore, the NEFSC has pooled the number of incidents of take expected to result from different gear interactions, and we have assessed the potential impacts accordingly. The NEFSC also uses various active acoustic devices in the conduct of fisheries research, and use of these devices has the potential to result in Level B harassment of marine mammals. Level B harassment of pinnipeds hauled out on the shoreline may also occur, in some locations within the Atlantic coast region, as a result of visual disturbance from vessels conducting NEFSC research. The proposed regulations would be valid for five years from the date of issuance.

The NEFSC conducts fisheries research surveys in the Atlantic coast region which spans from the U.S.-Canada border to Florida. This specified geographic region includes the following subareas: The Gulf of Maine, Georges Bank, Southern New England waters, the Mid-Atlantic Bight, and the coastal waters of northeast Florida. Within the specified geographic region of the Atlantic coast, the NEFSC requests authorization to take individuals of 12 species by Level A harassment, serious injury, or mortality (hereafter referred to as M/SI + Level A) and of 33 species by Level B harassment.

Contents

Description of the Specified Activity

Overview

The NEFSC collects a wide array of information necessary to evaluate the status of exploited fishery resources and the marine environment. NEFSC scientists conduct fishery-independent research onboard NOAA-owned and operated vessels or on chartered vessels. For other types of surveys, cooperating scientists may conduct fishery-independent research onboard non-NOAA vessels. Finally, the NEFSC sponsors some fishery-dependent research conducted onboard commercial fishing vessels, with or without NOAA scientists onboard.

The NEFSC proposes to administer and conduct approximately 48 survey programs over the five-year period. The gear types used fall into several categories: Pelagic trawl gear used at various levels in the water column, pelagic and demersal longlines, bottom-contact trawls, gillnets, fyke nets, and other gear. The use of pelagic and bottom trawl nets, gillnets, fyke nets, and pelagic longline gears are likely to result in interaction with marine mammals. The majority of these surveys also use active acoustic devices.

The federal government has a responsibility to conserve and protect living marine resources in U.S. waters and has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside the United States. NOAA has the primary responsibility for managing marine fin and shellfish species and their habitats, with that responsibility delegated within NOAA to NMFS.

In order to direct and coordinate the collection of scientific information needed to make informed fishery management decisions, Congress created six Regional Fisheries Science Centers, each a distinct organizational entity and the scientific focal point within NMFS for region-based federal fisheries-related research. This research is aimed at monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research. The NEFSC is the research arm of NMFS in the greater Atlantic region of the U.S. The NEFSC conducts research and provides scientific advice to manage fisheries and conserve protected species in Northeast and Southeast LME and provides scientific information to support the New England Fishery Management Council, the Mid-Atlantic Fishery Management Council, the Atlantic States Marine Fisheries Commission, and numerous other domestic and international fisheries management organizations.

Dates and Duration

The specified activity may occur at any time during the five-year period of validity of the proposed regulations. Dates and duration of individual surveys are inherently uncertain, based on congressional funding levels for the NEFSC, weather conditions, or ship contingencies. In addition, the cooperative research program 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. NEFSC survey activity does occur during most months of the year; however, most trawl surveys occur during the spring, summer, and fall. Longline surveys occur either biannually in the spring or annually in the summer and a small number of gillnet surveys occur annually in the summer.

Specified Geographical Region

Please see Figure 1 for a map of the research areas described in this section. The NEFSC would conduct fisheries research activities off the Atlantic coast of the U.S. primarily within 200 miles of the shoreline from the U.S.-Canada border to Florida. In addition to general knowledge and other citations contained herein, this section relies upon the descriptions found in Sherman and Hempel (2009) and Wilkinson

et al.

(2009). As referred to here, productivity refers to fixated carbon (

i.e.,

g C/m

2

/yr) which relates to the carrying capacity of an ecosystem.

BILLING CODE 3510-22-P

EP09JY15.000

BILLING CODE 3510-22-C

Atlantic Coast Region

—The Atlantic coast region extends from the Gulf of Maine (to the U.S. and Canada border) past Cape Hatteras to Florida. The region is characterized by its temperate climate and proximity to the Gulf Stream, and is generally considered to be of moderately high productivity, although the portion of the region from Cape Cod to Cape Hatteras is one of the most productive areas in the world due to upwellings along the shelf break created by the western edge of the Gulf Stream. Sea surface temperatures (SST) exhibit a broad range across this region, with winter temperatures ranging from 2-20 °C in the north and 15-22 °C in the south, while summer temperatures, consistent in the south at approximately 28 °C, range from 15-27 °C in the northern portion.

The northern portion of this region (

i.e.,

north of Cape Hatteras) is more

complex, with four major sub-areas: The Gulf of Maine, Georges Bank, southern New England, and the Mid-Atlantic Bight. Cold, low-salinity water transports in the Labrador Current from the Arctic Ocean into the Gulf of Maine and exits through the Great South Channel; upwellings occur around Georges Bank. South of Cape Cod, there is strong stratification along the coast where large estuaries occur (

e.g.,

Chesapeake Bay, Pamlico Sound).

The Gulf Stream is highly influential on both the northern and southern portions of the region, but in different ways. Meanders of the current directly affect the southern portion of the Gulf Stream, where it is closer to shore, while warm-core rings indirectly affect the northern portion (Belkin

et al.,

2009). In addition, subarctic influences can reach as far south as the Mid-Atlantic Bight, but the convergence of the Gulf Stream with the coast near Cape Hatteras does not allow for significant northern influence into waters of the South Atlantic Bight.

Gulf of Maine

—The Gulf of Maine (GOM) is an enclosed coastal sea characterized by relatively cold waters and deep basins. Several geographic features bound the GOM including Brown's Bank on the east, Maine and Nova Scotia to the north, Maine, New Hampshire, and Massachusetts on the west, and Cape Cod and Georges Bank to the south. Retreating glaciers(18,000-14,000 years ago) formed a complex system of deep basins, moraines, and rocky protrusions, leaving behind a variety of sediment types including silt, sand, clay, gravel, and boulders. There exists patchy distribution of sediments on the seafloor throughout the GOM, with occurrence largely related to the bottom topography.

Oceanic circulation in the GOM exhibits a general counterclockwise current, influenced primarily by cold water masses moving in from the Scotian Shelf and offshore. Although large-scale water patterns are generally counterclockwise around the GOM, many small gyres and minor currents do occur. Freshwater runoff from the many rivers along the coast into the GOM influences coastal circulation as well. These water movements feed into and affect the circulation patterns on Georges Bank and in Southern New England.

Georges Bank

—Georges Bank (GB) is a shallow, elongate extension of the northeastern U.S. continental shelf, characterized by a steep slope on its northern edge and a broad, flat, and gently sloping southern flank. The Gulf of Maine lies to the north of GB, the Northeast Channel (between GB and Browns Bank) is to the east; the continental slope lies to the south, and the Great South Channel separates GB and Southern New England to the west. Although the top of GB is predominantly characterized by sandy sediment, glacial retreat during the late Pleistocene era resulted in deposits of gravel along the northern edge of GB, and some patches of silt and clay can be found on the sea floor. The most dominant oceanographic features of GB include a weak but persistent clockwise gyre that circulates over the whole bank, strong tidal flows (mainly northwest and southeast) and strong but intermittent storm-induced currents. The strong tidal currents result in vertically well-mixed waters over the bank. The southwestern flow of shelf and slope water that forms a countervailing current to the Gulf Stream drives the clockwise GB gyre.

Mid-Atlantic Bight

—The Mid-Atlantic Bight (MAB) includes the continental shelf and slope waters from GB to Cape Hatteras, NC. The retreat of the last ice sheet shaped the morphology and sediments of the MAB. The continental shelf south of New England is broad and flat, dominated by fine grained sediments (sand and silt). Patches of gravel exist in places on the sea floor, such as on the western flank of the Great South Channel.

The shelf slopes gently away from the shore out to approximately 100 to 200 kilometers (km) (62 to 124 miles (mi)) offshore, where it transforms into the continental slope at the shelf break (at water depths of 100 to 200 m (328 to 656 ft). Along the shelf break, numerous deep-water canyons incise the slope and shelf. The sediments and topography of the canyons are much more heterogeneous than the predominantly sandy top of the shelf, with steep walls and outcroppings of bedrock and deposits of clay.

The southwestern flow of cold shelf water feeding out of the GOM and off GB dominates the circulatory patterns in this area. The countervailing Gulf Stream provides a source of warmer water along the coast as warm-core rings and meanders break off from the Gulf Stream and move shoreward, mixing with the colder shelf and slope water. As the shelf plain narrows to the south (the extent of the continental shelf is narrowest at Cape Hatteras), the warmer Gulf Stream waters run closer to shore.

Southern New England

—The Southern New England (SNE) subarea extends from the Great South Channel in the east to the MAB in the west. The southwestern flow of cold shelf water feeding out of the GOM and off GB dominates the circulatory patterns in this area. The SNE continental shelf is a gently sloping region with smooth topography. The shelf is approximately 100 km (62 mi) wide, and the shelf break occurs at depths of between 100 to 200 m (328 to 656 ft). The continental slope extends from the shelf break to a depth of 2 km (6,562 ft). This zone has a relatively steep gradient, and the relief is moderately smooth. The continental rise (2 to 6 km; 500 to 19,700 ft) is similar to the slope in having only gradual changes in bathymetry. However, the overall gradient of the continental rise is less than that of the continental slope (Theroux and Wigley, 1998). Sediments of the SNE subarea consist of fine-grained sand and silt. Patches of gravel exist in places on the sea floor, such as on the western flank of the Great South Channel. Currents and historic disposal of dredged material may influence water and sediment quality within the SNE.

Southeast U.S. Continental Shelf Large Marine Ecosystem:

This area covers the Atlantic Ocean extending approximately 930 miles from Cape Hatteras, NC south to the Straits of Florida (Yoder, 1991). The continental shelf in the region reaches up to approximately 120 miles offshore. The Gulf Stream Current influences the region with minor upwelling occurring along the Gulf Stream front. The area is approximately 115,000 square miles, includes several protected areas and coral reefs (Aquarone, 2008); numerous estuaries and bays, such as the Albemarle-Pamlico Sound, nearshore and barrier islands; and extensive coastal marshes that provide valuable ecosystem services and habitats for numerous marine and estuarine species. A six- to 12-mile wide coastal zone is characterized by high levels of primary production throughout the year, while offshore, on the middle and outer shelf, upwelling along the Gulf Stream front and intrusions from the Gulf Stream cause seasonal phytoplankton blooms. Because of its high productivity, this sub-region supports active commercial and recreational fisheries (Shertzer

et al.

2009).

Detailed Description of Activities

The federal government has a trust responsibility to protect living marine resources in waters of the United States. These waters extend to 200 nautical miles (nmi) (370 km; 230 mi) from the shoreline and include the U.S. Exclusive Economic Zone (EEZ). 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 U.S. 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 under statutes including the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the Atlantic Coastal Fisheries Cooperative Management Act (ACA), and the Atlantic Striped Bass Conservation Act.

Within NMFS, six Regional Fisheries Science Centers direct and coordinate the collection of scientific information needed to inform fisheries management decisions. Each Fisheries Science Center is a distinct entity and is the scientific focal point for a particular region. The NEFSC conducts research and provides scientific advice to manage fisheries and conserve protected species in the Atlantic coast region from Maine to northeast Florida. The NEFSC provides scientific information to support the Mid-Atlantic Fishery Management Council and other domestic fisheries management organizations.

The NEFSC collects a wide array of information necessary to evaluate the status of exploited fishery resources and the marine environment. NEFSC scientists conduct fishery-independent research onboard NOAA-owned and operated vessels or on chartered vessels. For other types of surveys, cooperating scientists may conduct fishery-independent research onboard non-NOAA vessels. Finally, the NEFSC sponsors some fishery-dependent research conducted onboard commercial fishing vessels, with or without NOAA scientists onboard. The NEFSC proposes to administer and conduct approximately 48 survey programs over the five-year period.

The gear types used fall into several categories: Pelagic trawl gear used at various levels in the water column, pelagic and demersal longlines, bottom-contact trawls, anchored sinking gillnets, and other gear. The use of pelagic and bottom trawl nets, gillnets, fyke nets, and longline gears are likely to result in interaction with marine mammals. The NEFSC also uses various active acoustic devices in the conduct of fisheries research, and use of these devices has the potential to result in Level B harassment of marine mammals. Additionally, a small set of research activities along the Penobscot River estuary in Maine have the potential to behaviorally disturb marine mammals due to the physical presence of researchers near haulout areas.

Most of the vessel-based surveys use active acoustic devices. The NEFSC may conduct surveys aboard research vessels (R/V), including the NOAA Ship R/V

Henry B. Bigelow,

R/V

Gordon Gunter,

R/V

Pisces,

R/V

Nauvoo,

R/V

Harvey,

R/V

Chemist,

R/V

Resolute,

R/V

Hassler,

R/V

C.E. Stillwell,

and R/V

Gloria Michelle;

aboard R/V and fishing vessels (F/V) owned and operated by cooperating agencies and institutions including the F/V

Robert Michael,

F/V

Darana R,

R/V

Hugh R. Sharp,

andF/V

Eagle Eye II;

or aboard charter vessels.

In the following discussion, we summarily describe various gear types used by the NEFSC and then describe specific fisheries and ecosystem research activities conducted by the NEFSC within the Atlantic coast region. This is not an exhaustive list of gear and/or devices that the NEFSC may use, but it is representative of gear categories and is complete with regard to all gears with potential for interaction with marine mammals. Additionally, we describe the relevant active acoustic devices that the NEFSC commonly uses in its survey activities in a subsequent section. Please see Appendix A of the NEFSC's LOA application and draft programmatic EA for more detailed descriptions and schematic diagrams of the research gear types.

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 trawl net is usually deployed over the stern of the vessel and attached with two cables (or warps) to winches on the deck of the vessel. The cables are played out until the net reaches the fishing depth. Commercial trawl vessels travel at speeds of 2 to 5 knots (kt) (2.3 to 5.7 miles per hour (mph)) while towing the net for time periods up to several hours, whereas most NEFSC trawl surveys involve slower tow speeds from 1.4 to 4 kt (1.6 to 4.6 mph) with shorter tow durations from 15 to 60 minutes (min). The duration of the tow depends on the purpose of the trawl, the catch rate, and the target species. At the end of the tow, personnel retrieve the net and empty the contents of the cod end onto the deck. 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. 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. Most NEFSC research trawling activities use both pelagic (surface or mid-water) trawls, which are designed to operate at various depths within the water column, as well as bottom trawls, which are designed to capture target species at or near the seafloor.

1. 4-Seam, 3-Bridle Bottom Trawl: Several NEFSC research programs use a 4-seam, 3-bridle bottom trawl, manufactured using 12-centimeter (cm) (5-inch (in) and 6-cm (2 in) mesh. The effective mouth opening of the 4-seam, 3-bridle bottom trawl is approximately 70 square meters (753 square ft) (14 meter spread by 5 meters high; 46 ft by 16 ft), spread by a pair of trawl doors. The footrope of the trawl is 27 m (89 ft) in length, ballasted with heavy rubber discs or roller gear. The head rope is approximately 24 m (79 ft) in length supported by 60 Nokalon #508 eight-inch center-holed, orange trawl floats. For certain research activities, the cod end may have a sewn-in liner to minimize the loss of small fish.

2. High-Speed Mid-water Rope Trawl: Several NEFSC research programs use the Gourock High Speed Midwater Rope Trawl (HSMRT) for fisheries acoustics surveys. The HSMRT employs a four-seam box design with a 5-m (174-ft) headrope, footrope, and breastlines. The mouth opening of the HSMRT is approximately 13.3 meters vertical and 27.5 meters horizontal. Once personnel deploy the net, they can change in the

position of the net in the water column by increasing or decreasing the speed of the vessel, or by bringing in or letting out trawl wire. NEFSC also uses active acoustics to monitor the ship and net positions and status. Pelagic trawl nets do not have any contact with the seafloor because they do not have bobbins or roller gear, which are often used to protect the foot rope of a bottom trawl net when it contacts the seafloor.

Gillnets

—Gillnets consist of vertical netting held in place by floats and weights to selectively target fish of uniform size depending on the netting size. Typical gillnets consist of monofilament, multi-monofilament, or multifilament nylon constructed of single, double, or triple netting/paneling of varying mesh sizes, depending on their use and target species. A specific mesh size will catch a target species of a limited size range, allowing this gear type to be very selective.

1. Anchored sinking gillnets: A few NEFSC research program use anchored sinking gillnets which are fixed to the ocean floor or at a set distance above the bottom (typically in the lower one-third of the water column), held in place by anchors or ballasts with enough weight to counteract the buoyancy of the floats used to hold up the net. NEFSC survey activities use gillnets that range from 15 to 99 m (50 to 325 ft) in length, 2 to 3 m (8 to 10 ft) in height, with mesh sizes from 16 to 30 cm (6.5 to 12 in). In some cases, the gillnet configuration may consist of 10-panel strings up to 914 m (3,000 ft) in length. Gillnets used in NEFSC research programs use weak links of particular strength and locations on the gear, as specified by the Atlantic Large Whale Take Reduction Plan in order to minimize the risk of large whale entanglement in the gear. Soak times for long-term surveys are typically 3 hours, but short-term cooperative research projects have used soak times up to 96 hours.

Pound nets

—A pound net is a stationary fishing device. It consists of poles or stakes secured into the bottom with attached netting. The structure includes a pound with a netting floor, a heart-shaped enclosure, and a straight wall or leader. Pound nets are generally set close to shore, and the leader is set perpendicular to the shore to guide migrating fish into the pound. The leader is a wall of mesh webbing that extends from the sea floor to approximately the sea surface and may be up to several hundred meters in length. Fish swimming laterally along the shoreline encounter the leader and generally turn towards deeper water to circumvent the obstruction. The heart and pound portions of the net located at the deep end of the leader, non-selectively direct and trap the fish to prevent escape. The pound is usually a rectangular enclosure constructed of small mesh and is approximately 6 to 13 m (20 to 43 ft) long.

Longlines

—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. Personnel attach hooks 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 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. Fishers often use radar reflectors, radio transmitters, and light sources to determine the location of the longline gear prior to retrieval.

A commercial pelagic longline can extend over 100 km (62 mi) long and have thousands of hooks attached, although longlines used for research surveys are shorter. The pelagic longline gear used for NEFSC research surveys typically use 100 to 400 hooks attached to steel or monofilament mainline that is approximately 3 to 16 km (2 to 10 mi) long. One exception is a small-scale survey that typically uses 25 to 50 hooks attached to a 305-m (1,000-ft) mainline.

For NEFSC research activities, the length of the gangion and the distance between each gangion depends on the purpose of the fishing activity. There are no internationally recognized standard measurements for hook size, and a given size may be inconsistent between manufacturers. Fishers reference larger hooks, such as those used in longlining, by increasing whole numbers followed by a slash and a zero as size increases (

e.g.,

1/0 up to 20/0). The numbers represent relative sizes, normally associated with the gap (the distance from the point tip to the shank). Because pelagic longline gear does not anchor to the seafloor, it floats freely in the water and may drift considerable distances between the time of deployment and the time of retrieval. The time period between deployment and retrieval of the longline gear is the soak time, which is an important parameter for calculating fishing effort. For commercial fisheries the goal is to optimize the soak time in order to maximize catch of the target species while minimizing the bycatch rate and minimizing damage to target species that may result from predation by sharks or other predators.

1. Yankee swordfish-style pelagic longline gear: This gear configuration consists of 5/16-inch tarred nylon mainline with 7- to 10-m (24- to 33-ft) gangions composed of 4 m (13 ft) of 3/16-inch nylon, 2 m (7 ft) of 3/32 inche stainless steel leader, and a #40 Japanese tuna hook. For research purposes, researchers bait the hooks with whole Atlantic mackerel (

Scomber scombrus

) attached at 52-m (170-ft) intervals. Researchers attach floats at five hook intervals on 12-m (40-ft) float lines. Flag buoys (

i.e.,

high flyers) are located at each end of the gear.

2. Florida commercial-style bottom longline gear: This gear configuration consists of consists of 940-pound test monofilament mainline with 4-m (12-ft) gangions made of 730-pound test monofilament with a longline clip at one end and a 3/0 shark hook at the other. Researchers bait the hooks with chunks of spiny dogfish (

Squalus acanthias

) and attach them to the mainline at roughly 18-m (60-ft) intervals. Researchers attach 5-pound weights at 15-hook intervals and 15-pound weights and small buoys at 50-hook intervals. To ensure that the gear fishes on the bottom, researchers place 20-pound weights at the beginning and end of the mainline after deploying a length of line two to three times the surveyed water depth. Researchers attach a 20-ft flag buoy (

i.e.,

high flyers) equipped with radar reflectors and flashing lights to each end of the mainline. The flag buoys used for bottom longline gear use long buoy lines to allow the weighted groundline to rest on the seafloor while the attached buoys float on the surface to enable gear retrieval.

3. Anchored bottom longline gear: A few NEFSC research programs use two types of anchored bottom longline gear: One for targeting small juvenile sharks and the other for targeting large juveniles and adult sharks. Researchers use previously frozen Atlantic mackerel or herring (

Clupea harengus

) as bait for both juvenile and large juvenile/adult shark longline gear.

The juvenile gear consists of 305-m (1,000 ft) of quarter-inch braided nylon mainline with at least 61 m (200 ft) of additional line on each side for scope, and 50 gangions attached at 6-m (20-ft) intervals, comprised of 12/0 Mustad circle hooks with barbs depressed, 20 inches of 1/16 stainless cable, and 40 inches of quarter-inch braided nylon line with 4/0 longline snaps.

The large juvenile/adult survey uses the same type and length of mainline as the juvenile gear with 25 gangions

attached at 12-m (40-ft) intervals, comprised of 16/0 Mustad circle hooks with barbs depressed, 20 inches of

3/32

stainless cable, and 80 inches of 3 mm clear monofilament with 4/0 longline snaps.

Fyke nets

—Fyke nets are bag-shaped nets held open by frames or hoops. The fyke nets used in NEFSC survey activities consist of successively smaller plastic coated square metal tube frames that are covered with mesh net (0.6 centimeters for small, 1.9 centimeters for large). Two 9.1-m wings extend from the opening of each fyke at an angle of approximately 30 degrees. The wings have a weighted footrope and floats on the head-rope and are the same height (either 0.91 m or 1.83 m high; 2.9 or 6 ft high) and comprised of the same net mesh as the fyke net itself. Each net has two throats tapering to a semi-rigid opening of 12.7 centimeters for the small net and 45.7 centimeters for the larger net. The fish pass through these throats before entrapment in the live box. For the large fyke, the final compartment of the net consists of a rigid framed live box (2 x 2 x 3 m; 6.5 x 6.5 x 9.8 ft) at the surface for removal of catch directly from above without having to retrieve the entire net. The NEFSC attaches a marine mammal excluder device to the outer-most throat of the larger fyke to stop marine mammals from entering the net which could lead to incidental entrapment. The exclusion device consists of a grate constructed of aluminum bars. The size of the opening is approximately 14 centimeters, which effectively prohibits marine mammals from entering the net.

Dredges

—This is a fishing method where fishers drag a dredge across the sea floor, either scraping or penetrating the bottom. A typical dredge consists of a mouth frame with an attached collection bag. Scraping dredges collect target species (

e.g.,

oysters, scallops, clams, and mussels) in the top layer of seafloor sediment with rakes or teeth that scoop up the substrate. Penetrating dredges use pressurized water jets to chase animals out from beneath muddy or rocky bottom substrate and into the collection bag.

1. New Bedford-type dredge: The NEFSC uses this type of dredge primarily to harvest sea scallops in the Georges Bank and Mid-Atlantic scallop fisheries. The forward edge of the New Bedford-type dredge uses a cutting bar to create turbulence that drives scallops from the sediment into the bag of the dredge. The bag consists of metal rings which drag on the seafloor. Towing times for commercial scallop dredges are highly variable, depending on the size of the bag and the density of sea scallops at the fishing location. This gear also includes seasonal modifications (

i.e.,

the addition of a chain mat between the sweep and the cutting bar) to reduce the potential interactions with marine turtles.

2. Hydraulic dredge: This type of dredge uses pressurized water jets to wash Atlantic surfclams (

Spisula solidissima

) and Ocean quahogs (

Arctica islandica

) out of the seafloor. The water jets penetrate the sediment in front of the dredge and help to propel the dredge forward. A blade on the front of the dredge then lifts the clams separated from the sediment and guides them into the body (

i.e.,

cage) of the dredge. The hydraulic dredges used for the NEFSC surfclam/ocean quahog survey use a 3.8-m (12.5-ft) blade towed at approximately 1.5 kt (1.7 mph). During survey tows, researchers deploy the dredge at depth for approximately 5 min.

3. Naturalist dredge: NEFSC surveys use this gear to obtain samples of megafaunal species (

e.g.,

oysters, crabs, mussels, whelks). The Naturalist dredge is typically small (1 m (3 ft) wide) and towed along the seafloor over a relatively short distance (9 to 61m; 30 to 200 ft) in order avoid overfilling the dredge and losing part of the sample. NEFSC researchers manually pull out all megafauna from the dredge samples and process them on deck after retrieving the dredge. Due to the small size of the Naturalist dredge and the limited deployment periods, interactions with protected species would be minimal. However, dredges do disturb bottom habitats.

Traps/Pots

—Traps and pots are submerged, three-dimensional wire or wood devices that permit organisms to enter the enclosure but make escape extremely difficult or impossible. Researchers use secured bait in the trap to lure organisms inside, where they wait to retrieve the catch and re-bait the traps.

1. Fish/lobster pots: Several NEFSC and cooperative research surveys use fish or lobster pots to selectively capture species for research, tagging studies, and sample collection. Fish pots select for particular species by configuring the entrances, mesh, and escape tunnels (vents) to allow retention of the target species, while excluding larger animals, and allowing smaller animals to escape from the pot before retrieval. In many instances, animals remain alive in the pot until retrieval, making pots a preferred method for collecting some species for tagging or mark/recapture studies. The NEFSC research set aside program targeting black sea bass (

Centropristis striata

) in southern New England and Mid-Atlantic waters uses unvented pots 43.5 inches long, 23 inches wide, and 16 inches high made with 1.5 inch by 1.5 inch coated wire mesh, a single mesh entry head, and a single mesh inverted parlor nozzle. Other NEFSC research activities targeting various finfish and shellfish species use different pot configurations depending on the species of interest.

2. Rotary screw trap (RST): This type of gear enables live capture of smolts emigrating from several coastal rivers, including the Narraguagus, Penobscot, Pleasant, and Sheepscot Rivers. The NEFSC uses RSTs to estimate smolt populations, enumerate and sample smolts (and other co-occurring species), and to better understand factors that limit smolt production and migration success.

This gear type is also a platform for telemetry studies that provides valuable data on smolt behavior and migratory success. Researchers position the trap within water channels to maximize fish capture. Fish enter the trap through the large end of a revolving and half-submerged screen cone suspended between two pontoons. The NEFSC uses RSTs with different size openings (1.2, 1.5, and 2.4 m; 4, 5, and 8 ft models). As the river current turns the cone, the fish travel downstream into a live car and remain confined in river water until sample retrieval. Researchers tend to the traps on a daily basis and monitor river conditions frequently. RSTs require adequate water depth and current to rotate the cone for most effective fishing. RSTs can operate in high flow conditions, although they sometimes become jammed with debris. RSTs have a hubodometer, a device that records the number of revolutions of the cone to estimate catch per unit of effort.

Other towed nets

—NEFSC surveys utilize various small, fine-mesh, towed nets designed to sample small fish and pelagic invertebrates. The NEFSC broadly categorizes these nets as small trawls (distinct from large trawl nets due to the discountable potential for interaction with marine mammals; see “Potential Effects of the Specified Activity on Marine Mammals and Their Habitat”) and plankton nets.

1. The Isaacs-Kidd midwater trawl (IKMT): The NEFSC uses this gear to collect deepwater biological specimens larger than those taken by standard plankton nets. The mouth of the net is approximately 1.5 by 2 m (5 by 7 ft), and is attached to a wide, V-shaped, rigid diving vane that keeps the mouth of the net open and maintains the net at depth for extended periods. The IKMT is a long, round net approximately 6.5 m (21 ft) long, with a series of hoops

decreasing in size from the mouth of the net to the codend, which maintain the shape of the net during towing (Yasook

et al.,

2007). Because of the high level of drag exerted by the net in the water, fishers must tow trawls at speeds of 1 to 2 kt (1.1 to 2.3 mph). Conversely, researchers can tow an IKMT at speeds as high as 5 kt (8 mph).

2. The Multiple Opening/Closing Net and Environmental Sensing System (MOCNESS): The NEFSC uses this gear for specialized zooplankton surveys. The system uses a stepping motor to sequentially control the opening and closing of the net. The MOCNESS uses underwater and shipboard electronics to control the device which continuously monitor the functioning of the nets, frame angle, horizontal velocity, vertical velocity, volume filtered, and selected environmental parameters, such as salinity and temperature.

3. Tucker trawl: The NEFSC uses this type of mid-water zooplankton trawl to study pelagic fish and zooplankton. The Tucker trawl, similar to the MOCNESS, consists of a stepping motor that opens and closes a series of nets sequentially without retrieving the net from the fishing depth. The Tucker trawl used for NEFSC research surveys uses 333 micron plankton nets with 1 by 1.4 m (3.2 by 4.6 ft) openings. The nets operate at a 45-degree angle during fishing, which results in an effective fishing area of 1 square m (10.8 square ft). Researchers use this gear for deep oblique tows where they can sequentially operate up to three replicate nets by a double release mechanism. The NEFSC typically equips the trawl with a full suite of instruments, including inside and outside flow meters, conductivity, temperature, and depth (CTD) instruments, and pitch sensor.

4. Beam trawl: A beam trawl is a type of bottom trawl that uses a wood or metal beam to hold the net open as researchers tow it along the sea floor. The beam holds open the mouth of the net eliminating the need for trawl doors. Beam trawls are generally smaller than other types of bottom trawls. Commercial beam trawls have beam lengths of up to 12 m (39.4 ft); while beam trawls for research purposes typically use beams 2 to 4 m (6.6 to 13.1 ft) in length.

Sediment grab sampler

—The NEFSC uses sediment grab samplers to collect sediments and assess populations of benthic fauna from the seafloor.

1. Van Veen sediment grab sampler: The Van Veen grab sampler consists of a hinged pair of scoops deployed over the side of the vessel and lowered to the seafloor on a cable. The scoops are approximately 31 centimeters wide to allow sampling of a 0.1 square meter area of the seafloor. Sharp cutting edges on the bottoms of the scoops enable them to penetrate up to about 40 centimeters into the sediment. The grab sampler may be galvanized, stainless steel, or Teflon-coated. Prior to deployment, personnel lock the sampler with the safety key in place, deploy it over the side of the vessel, and remove the safety key while slowly lowering it to the bottom. After making bottom contact (indicated by slack in the cable), personnel slowly increase the tension on the cable which causes the scoops to close. Once the sampler is back on board, personnel open the top doors to inspect the sediment sample.

Plankton nets

—The remainder of nets described here are plankton nets, which usually consist of fine mesh attached to a weighted frame which spreads the mouth of the net to cover a known surface area in order to sample plankton and fish eggs from various parts of the water column.

1. Bongo nets: The NEFSC uses Bongo nets to collect zooplankton for research purposes only. Bongo nets, which consist of a bucket attached to the codend of the net, move through the water at an oblique angle to collect plankton samples over a range of depths. The Bongo nets used by the NEFSC have openings 61 cm in diameter and employ either a 333-or 505-micrometer (μm) mesh. The nets are 3 m (9.8 ft) in length with a 1.5 m (4.9 ft) cylindrical section, coupled to a 1.5 m (4.9 ft) conical portion that tapers to a detachable codend constructed of 333-μm or 505-μm nylon mesh. During each plankton tow, personnel deploy the bongo nets to a depth of approximately 210 m (689 ft) and then retrieve the net at a controlled rate so that the volume of water sampled is uniform across the range of depths. In shallow areas, NEFSC researchers may adjust the sampling protocol to prevent contact between the bongo nets and the seafloor.

Instruments

—Research vessel surveys are generally conducted 24-hours a day when the vessels are at sea. NEFSC research surveys provide opportunities to collect environmental information (

e.g.,

temperature, salinity, pollution levels, etc.) and to allow other researchers to piggyback on surveys to collect a host of environmental data not directly related to the stock assessment. All research vessel surveys conducted by the NEFSC collect and archive an extensive array of environmental measurements and usually have a shopping list of samples to obtain for researchers at academic institutions, other government agencies, and the private sector.

1. Conductivity, temperature, and depth profilers (CTD): A CTD profiler is the primary research tool for determining chemical and physical properties of seawater. A shipboard CTD consists of a set of small probes attached to a large (1 to 2 m in diameter) metal rosette wheel. Personnel lower the rosette through the water column on a cable, and researchers observe the CTD data in real time via a conducting cable connecting the CTD to a computer on the ship. The rosette also holds a series of sampling bottles that personnel can trigger to close at different depths in order to collect a suite of water samples used to determine additional properties of the water over the depth of the CTD cast. A standard CTD cast, depending on water depth, requires two to five hours to complete.

A computer plots data from a suite of samples collected at different depths (

i.e.,

a depth profile) with the value of the variable of interest on the x-axis and the water depth on the y-axis. Researchers compare depth profiles for different variables in order to glean information about physical, chemical, and biological processes occurring in the water column. Conductivity measurements serve as a proxy for salinity expressed in practical salinity units representing the sum of the concentrations of several different ions. A high-sensitivity thermistor housed inside a thin-walled stainless steel tube measures the temperature. The thermistor measures resistance as personnel lowers the CTD profiler through the water column. This gives a continuous profile of the water temperature at all water depths. An electronic pressure sensor continuously monitors the depth of the CTD sensor array. Salinity, temperature, and depth data measured by the CTD instrument are essential for characterization of seawater properties.

2. Expendable bathythermographs (XBT): The NEFSC uses XBTs to provide ocean temperature versus depth profiles. A standard XBT system consists of an expendable probe, a data processing/recording system, and a launcher. An electrical connection between the probe and the processor/recorder is made when the canister containing the probe is placed within the launcher and the launcher breech door is closed. Following launch, wire de-reels from the probe as it descends vertically through the water. Simultaneously, wire de-reels from a spool within the probe canister, compensating for any movement of the ship and allowing the probe to freefall

from the sea surface unaffected by ship motion or sea state.

The XBT probes consist of a metal weight surrounding a temperature probe, attached to a copper wire that conducts the signal to the vessel. The copper wire is protected within a plastic housing. Probes are generally launched from the leeward side of the vessel and as far aft as possible. Launching from these locations helps obtain high reliability and minimizes the chances that the fine copper probe wire will come in contact with the ship's hull which may cause spikes in the data or a catastrophic wire break. A portable shipboard data acquisition system records, processes, and interprets the data the probes collect.

XBT drops occur at predetermined times along with surface chlorophyll sampling. Opportunistic drops may also occur. Typically, three XBT drops are made per survey day. XBT drops may be repeated if the displayed profile does not show a well-defined mixed layer and thermocline. Deep Blue probes are preferred, as they survey to a depth of 760 m and take approximately two minutes per drop. Probes are launched using a hand-held launcher. As the XBT probes are expendable, they are not retrieved and are left on the seafloor after data collection.

3. Remotely operated vehicles (ROV): The NEFSC maintains and deploys several ROVs. They use ROVs to count fish and shellfish, photograph fish for identification, and provide views of the bottom for habitat-type classification studies via still and video camera images. Precise georeferenced data from ROV platforms also enables SCUBA divers to use bottom time more effectively for collection of brood stock and other specimens.

The NEFC operates a Seabed Observation and Sampling System (SEABOSS) designed for rapid, inexpensive, and effective collection of seabed images and sediment samples in coastal/inner-continental shelf regions. Researchers use the observations from video and still cameras, along with sediments collected in the sampler, in conjunction with geophysical mapping surveys to provide more comprehensive interpretations of seabed character. The SEABOSS incorporates two video cameras; a still camera, a depth sensor, light sources, and a modified Van Veen sediment sampler. These components attach to a stainless steel frame that personnel deploy deployed through an A-frame, using a power winch, as the SEABOSS weighs 300 pounds. The SEABOSS frame has both a stabilizing fin capable of orienting the system while it drifts, and base plates that prevent over-penetration when the system rests on the sea floor. A modified Van Veen sampler takes undisturbed samples in the vicinity of the system. The system begins imaging the sea floor with a 35-millimeter camera before touching bottom, at 30 inches height above bottom. The system annotates scale, time, and exposure number on each image. A downward-looking video camera overlaps the field of view of the still camera. The second video camera, mounted in a forward-looking orientation, provides an oblique sea floor view and enables a shipboard operator to monitor for proper tow-depth and for obstacles to the SEABOSS while operations are underway.

Summary of Planned Research

Next we describe the long-term surveys and research activities planned by the NEFSC and its research partners in the Atlantic coast region. The NEFSC anticipates that these long-term surveys would likely continue during the next five-year period, although not necessarily every year. Please see Table 1.1 of the NEFSC's application for a detailed summary of these surveys.

1.

Benthic Habitat Survey:

The benthic habitat survey occurs annually during the summer (Jul) or fall (Oct) in an area that extends from the Hudson Canyon to the Georges Bank. It assesses seafloor disturbance by commercial fishing and changes as the benthic ecosystem recovers from chronic fishing impacts and collects data on seasonal migration, bottom data for mapping and indication of climate change through species shifts. Survey operations are on a 24-hour schedule.

The protocol for the July Hudson Canyon survey includes deploying a 4-seam, 3-bridle bottom trawl at approximately 2.5 kt (2.9 mph) for 30-minute tows at a target depth. The survey averages 54 tows per year and requires about 20 days at sea (DAS) using the R/V

H.B. Bigelow,

R/V

G. Gunter,

or R/V

Pisces.

The survey also uses a CTD profiler and rosette water sampler, Brooke Ocean moving vessel CTD, plankton light trap, Van Veen sediment grab, beam trawl, naturalists dredge, and SeaBoss benthic camera vehicle. Additional protocols include the use of use of multi-frequency active acoustics (output frequencies: 18, 38, 120, 200, 400, and 450 kilohertz (KHz).

2.

Changes in the Community Structure of Benthic Fishes:

This survey occurs annually during the summer (Jul) in the Hudson River Estuary, NY. It quantifies the abundance and distribution of benthic associated fishes of the Hudson River Estuary ecosystem. Survey operations are on a 24-hour schedule.

The protocol for the survey includes deploying a 16-ft bottom trawl net towed at approximately 2.5 kt for 5 minutes. The survey averages 176 trawls annually and requires approximately 20 DAS using the R/V

Nauvoo.

Protocols also include the deployment of a Yellow Spring YSI 6000 water quality meter and Kemmerer water sampling bottles. Additional protocols include the use of use of multi-frequency active acoustics: (Output frequencies: 38 and 120 kHz).

3.

Fish Collection for Laboratory Experiments:

This survey occurs annually, as needed throughout the year in the New York Bight and in Sandy Hook Bay, NJ. Survey operations are on a 24-hour schedule. It catches high-quality fish for laboratory experiments.

Protocols include deployment of a 16-ft or 30-ft bottom trawl nets towed at approximately 2.5 kt for 10 min, or hook and line fishing. The number of tows varies depending on scientific need, typically enough trawls to capture 10 to 60 specimens. The survey requires approximately 10 DAS on the R/V

Nauvoo,

R/V

Harvey,

or R/V

Chemist.

Additional protocols include the deployment of a Sea Cam video sled, CTD, Tucker plankton net, an Acoustic Doppler Current Profiler (ADCP, output frequencies of 38 and 120 kHz), Ponar grab, and Kemmerer water sampling bottles.

4.

Habitat Characterization:

This survey occurs annually throughout the year in Sandy Hook Bay, Barnegat Bay, and offshore New York and New Jersey. Survey operations are on a 24-hour schedule. It characterizes and maps coastal marine habitats and living marine resources in waters and wetlands around New York and New Jersey.

The NEFSC conducts the survey under the terms of a Memorandum of Understanding with the New Jersey Sea Grant Consortium. Protocols include deploying a 16-ft or 30-ft bottom trawl net (simple Memphis net and twine “shrimp trawl) towed at approximately 2.5 kt for 10 min. The survey requires about 60 tows per year and approximately 30 DAS on the R/V

Nauvoo

or R/V

Resolute.

Researchers may also deploy of a Sea Cam 5000 12v video cam, CTDs, YSI 6000 water quality meter, Tucker plankton net, Kemmerer bottle, and Ponar grab. Additional protocols include the use of multi-frequency active acoustics (38 and 120 kHz) and an ADCP (600 kHz).

5.

Habitat Mapping Survey:

This survey occurs annually during the summer in the ocean shelf off the Maryland coast. It maps shallow reef

habitats of fisheries resource species, including warm season habitats of black sea bass, and to locate sensitive habitats (

e.g.,

shallow temperate coral habitats) for habitat conservation. Survey operations are on a 24-hour schedule.

Survey protocols include deploying a 4-seam, 3-bridle bottom trawls towed at 3.0 kts for 30 minutes at target depth. The survey requires about 54 tows per year and approximately 11 DAS using the R/V

Hassler.

Additional protocols include deployment of a CTD Profiler, Brooke Ocean Moving Vessel CTD profiler, split beam sonar, plankton light trap, beam trawl (tow speed 2.0 kt for 20 min), a naturalists dredge (tow speed 2 to 3 kt for 1 minute at depth), SeaBoss benthic camera vehicle, and continuous use of four multi-frequency acoustic devices with output frequencies of 18, 38, 120, 200, 400, and 450 kHz.

6.

Living Marine Resources Center Survey:

The survey is conducted annually in January from Cape Hatteras to New Jersey. It determines distribution, abundance, and recruitment patterns for multiple species. The survey operates on 24-hour schedule.

Protocols include deployment of a 4-seam, 3-bridle bottom trawl towed at 3 kt for 30 min. The survey averages 25 tows per year and requires about 11 DAS using the R/V

H. B. Bigelow

or a similar vessel type. Protocols also include the use of a 2-m wide beam trawl at 2 kt for 20 min at depth, Van Veen sediment grab, and CTD profiler. Additional protocols include the continuous use of multi-frequency active acoustics (output frequencies: 18, 38, and 120 kHz).

7.

Massachusetts Division of Marine Fisheries (MADMF) Bottom Trawl Surveys:

The MADMF spring (May) and fall (Sep) annual bottom trawl surveys have been conducted since 1978 during daylight hours within 5 nm of the Massachusetts coast, thus includes some federal waters, from the Rhode Island to New Hampshire borders. It tracks abundance of mature and juvenile fishes.

The protocol includes deploying an otter trawl at approximately 2.5 kt for 20 min. The surveys average 206 tows per year and require about 30 to 36 DAS using the R/V

G. Michelle.

The trawl has a 39 ft headrope and 51 ft footrope, rigged with a 3.5 inch rubber disc sweep and has a half inch stretched nylon liner at the cod end to retain small fish. The net spread is 72 in by 40 in 325 pound wooden trawl doors connected to the net via 63 ft

3/8

in chain bottom legs and 60 ft

3/8

in wire top legs.

8.

Northeast Area Monitoring and Assessment Program (NEAMAP) Near Shore Trawl Program:

The survey occurs annually from April-June and October-December in two segments during daylight hours. The northern segment extends from the U.S.-Canada border to New Hampshire-Massachusetts from shore to the 300 ft depth, whereas the southern segment extends from Montauk, New York to Cape Hatteras from 20 to 90 ft depth. This program collects data in support of single and multispecies stock assessments in the mid-Atlantic.

The protocol in the northern segment includes deploying a modified Gulf of Maine shrimp trawl, typically used by commercial vessels in Maine and New Hampshire, at approximately 2.2 kt for 20 min. The survey averages 200 tows per year and requires approximately 30 to 50 DAS using the F/V

R. Michael.

In the southern segment a 4-seam, 3-bridle bottom trawl is deployed at approximately 3.0 kt for 20 min. The survey averages 300 tows per years and requires approximately 30-50 DAS using the F/V

Darana R.

The net has a 58-ft headrope, 70-ft footrope, 24-ft siderope, with 1 inch poly stretch mesh, and #7.5 Bison doors.

9.

Northeast Observer Program (NEFOP) Observer Bottom and Mid-water Trawl Training Trips:

This is a certification training program for new NEFOP Observers. It occurs from Maine to North Carolina annually, using one-day trips throughout the year as needed, totaling about 18 DAS on contracted commercial fishing vessels. The protocol includes deployment of a commercial fishing net (net size, tow speed, and other details vary depending on the vessel and gear used). The trips do not use active acoustic gear as part of the training and approximately 108 tows may occur annually.

10.

Northern Shrimp Survey:

The NEFSC conducts these surveys annually in July in the Gulf of Maine during daylight hours. It determines the distribution and abundance of northern shrimp and collects related data. The protocol includes deployment of a 4-seam modified commercial shrimp bottom trawl (25 m length by 17 m width by 3 m high) at approximately 2-3 kts for 15 min. The surveys average 82 tows per year and require 22 DAS using the R/V

G. Michelle.

11.

NEFSC Standard Bottom Trawl Surveys (BTS):

This survey has been conducted annually in spring (Mar-May, occasionally to June) and fall (Sep-Nov) from Cape Hatteras to the western Scotian Shelf. The survey operates on a 24-hour schedule. It tracks mature fish species and juvenile abundance over their range of distribution.

Protocols include deployment of a 4-seam, 3-bridle bottom trawl at 3 kts for 20 min. The combined surveys average 800 tows and require 120 DAS using the R/V

H.B. Bigelow,

or a similar size vessel. The net size is 31 m long, 19 m wide and 5 m high. Additional protocols include the use of CTD profiler, bongo net equipped with CTD, ADCP (output frequencies: 150 or 300 kHz), and the use of split beam and multibeam active acoustics (output frequencies: 18, 38, 70, 120, and 200 kHz).

12.

Atlantic Herring Survey:

This survey is conducted in September and October, as funding allows, on Georges Bank and in the Gulf of Maine. Survey operations occur on a 24-hr schedule. The survey collects fisheries independent herring spawning biomass data and also includes survey equipment calibration and performance tests.

Protocols included deployment of the Gourock high speed midwater rope trawl at 4 kt for 5 to 30 min. Approximately, 70 tows occur, which require about 34 DAS using the R/V

H.B. Bigelow

or similar size vessel. The net size is 15 m high and 30 m wide. Trawling protocols also include 20 deployments of the 4-seam, 3-bridle bottom trawl at 3 kts for 10-20 minutes using the R/V

H.B. Bigelow,

R/V

Pisces,

or similar size vessel. The net size is 31 m long, 19 m wide and 5 m high. Additional protocols include the continuous use of split beam and multibeam active acoustics (output frequencies: 18, 38, 70, 120, and 200 kHz).

13.

Atlantic Salmon Trawl Survey:

This survey is conducted annually in May, as funding allows, in inshore waters of Gulf of Maine and Penobscot Bay during daylight hours. It evaluates the marine ecology of Atlantic salmon.

Protocols include deployment of a modified mid-water trawl that fishes at the surface via pair trawling at 2-6 kt for 30 to 60 min. Approximately 130 tows occur which require approximately 21 DAS using contracted commercial vessels.

14.

Deepwater Biodiversity Survey:

This survey is conducted annually in summer, as funding allows, in deep-water from Cape Hatteras to the mid-Atlantic Ridge (international waters). Survey operations are on a 24-hour schedule. It is intended to collect fish, cephalopod and crustacean specimens from 1,000 to 2,000 m for tissue samples, specimen photos, and documentation of systematic characterization.

Protocols include deployment of the 4-seam, 3-bridle bottom trawl with

roller gear and the International Young Gadoid pelagic trawl. Tow speeds are typically 1.5-2.5 kts with duration of 180 minutes (in deep water each operation setting, fishing, and haulback requires 60 min). The surveys average approximately 18 tows per year and require about 16 DAS (R/V

H.B. Bigelow,

R/V

Pisces

or equivalent). Additional protocols include the use of multi-frequency active acoustics (output frequencies: 18, 38, 70, 120, and 200 kHz).

15.

Penobscot Estuarine Fish Community and Ecosystem Survey:

This survey is conducted annually year round during daylight hours in Penobscot Estuary and Bay using a contracted commercial vessel. It is intended to survey and collect fish and invertebrates samples for biometric and population analysis of estuarine and coastal species.

The protocol for the survey is to deploy a Mamou shrimp trawl modified to sample at the surface which is towed at 2 to 4 kt. The trawl has a mouth opening 12 x 6 m as is towed for 20 min. Approximately 200 trawl tows are conducted per year and require about 12 DAS.

16.

Northeast Integrated Pelagic Survey:

This survey is conducted annually each quarter (

e.g.,

Feb, May, Jun, Aug, and Nov) in an area that expends from Cape Hatteras to the western Scotian Shelf. It assesses the pelagic components of the ecosystem including: Water currents, water properties, phytoplankton, micro-zooplankton, meso-zooplankton, pelagic fish and invertebrates, sea turtles, marine mammals, and sea birds. Survey operations are on a 24-hour schedule.

NEFSC protocols include deploying a variety of fishing trawls:

• Hydroacoustic midwater rope trawl. The net is 15 m high, 30 m wide and towed at 4 kt for 5 to 30 min at depth; approximately 80 tows are conducted per year.

• Isaacs-Kidd midwater trawl. The net is 3 m and 4.5 m wide, and towed at 2.5 kt for a maximum of 30 min; approximately 160 tows are conducted per year.

• Mid-water trawl. The trawl is for use in shallow water (greater than 15 m depth). The net has an 8 m x 8 m opening and is towed at 2.5 kt for a maximum of 30 min; approximately 80 tows are conducted per year.

The surveys require about 80 DAS and are conducted on one of several vessels including: R/V

H.B. Bigelow,

R/V

Pisces,

and R/V

G. Gunter.

Additional protocols also include the use of CTD, rosette water sampler, bongo net equipped with CTD, the continuous use of split beam and multibeam active acoustics (output frequencies: 18, 38, 70, 120, 200 kHz) and ADCP (300 or 150 kHz).

17.

Apex Predators Bottom Longline Coastal Shark:

This survey is conducted bi-annually (Apr-May), contingent upon funding, in an area extending from Florida to Delaware. It assesses shark populations shark populations that are in sharp decline, including monitoring of distribution, abundance, and species composition, and tagging sharks. Survey operations are on a 24-hour schedule.

Protocols for the survey includes deploying a Florida style bottom longline. `Florida' commercial-style bottom longline gear consists of 940 lb test monofilament mainline with 3.6 m gangions made of 730 lb test monofilament with a longline clip at one end and a 3/0 shark hook at the other. Hooks are baited with chunks of spiny dogfish and are attached to the mainline at roughly 20 m intervals. Five lb weights are attached at 15 hook intervals, and 15 lb weights and small buoys are attached at 50 hook intervals. To ensure that the gear fishes on the bottom, 20 lb weights are placed at the beginning and end of the mainline after a length of line 2-3 times the water depth is deployed. A 6 m flag buoy (high flyer) equipped with radar reflectors and flashing lights is attached to each end of the mainline. The gear is set at night without lightsticks, soak time is 3 hours, and the gear is hauled during daylight. There are about 56 sets per survey, which require 47 DAS using charter vessels.

18.

Apex Predators Pelagic Nursery Grounds Shark:

This research is conducted aboard commercial swordfish vessels in October on Georges Bank and the Grand Banks off Newfoundland. This collaborative work offers NEFSC researchers the opportunity to sample and tag bycaught sharks. Further, it offers a unique opportunity to sample and tag blue sharks and shortfin makos in a potential nursery area on the Grand Banks. Sharks are released after tagging.

Protocols for this research are based on commercial fishing operations. The commercial swordfish longline gear is set at night, with lightsticks, and hauled in the morning—vessel operations are on a 24-hour schedule. Commercial trips require 21 to 55 DAS using the F/V

Eagle Eye II.

19.

Cooperative Atlantic States Shark Pupping and Nursery Survey (COASTSPAN):

This survey is conducted annually from Jun-Aug in coastal Delaware, New Jersey, and Rhode Island waters. It assesses shark nursery grounds and the species composition and habitat preferences of sharks that occur on these grounds. Survey operations are conducted during daylight hours.

Protocols include using small juvenile/large juvenile-adult shark longline gear, depending on the survey target. The gear characteristics for each target size are: Mainline length: 1000 ft/1000 ft; gangion length: 5 ft/8 ft; gangion spacing: 20 ft/40 ft; hook size and type: 12/0/16/0 mustad circle hooks; hooks per set: 50/75; bait: Mackerel or herring; soak time: 30 minutes/2 hours. The NEFSC-conducted surveys require 25 DAS, whereas the cooperating institutions surveys require about 40 DAS using the R/V

C.E. Stillwell

and partner vessels.

20.

NEFOP Observer Bottom Longline Training Trips:

As with the NEFOP Observer bottom and mid-water trawl training trips discussed earlier, these trips are certification training for NEFOP observers. However, the NEFSC has not implemented this training to date but expect it to occur when funding becomes available. The trips will occur from Maine to North Carolina annually for 5 DAS on contracted commercial fishing vessels using commercial bottom longline gear. The mainline length is approximately 3,000 ft with 600 hooks per set 2-3 sets per trip. Survey protocols do not include the use of lighsticks in training trip fishing operations.

21.

Annual Assessments of Sea Scallop Abundance and Distribution in Selected Closed/Rotational Areas:

The Atlantic Sea Scallop Research Set Aside rotational surveys occur at various times within the April--September period, depending on the area studied (see Table 1-1 in the NEFSC's LOA application for specific sampling dates and ships used). The survey region includes: Large areas in Georges Bank, Closed Areas I & II, Hudson Canyon, DelMarVa, Nantucket, Gulf of Maine Mid-Atlantic areas, and other scallop fishing grounds. It monitors scallop biomass to derive estimates of Total Allowable Catch (TAC) for annual scallop catch specifications. Additionally, the surveys monitor recruitment, growth, and other biological parameters such as meat weight, shell height, and gonadal somatic indices.

Survey protocols include commercial and standardized NMFS scallop dredges, towed simultaneously. Survey operations are on a 24-hour schedule. The NMFS survey dredge is 8 ft wide, has 2-in rings, 4-in diamond twine top, and 1.5 in diamond mesh liner. The tow speed is approximately 3.8-4.0 kt for 15 min. The NEFSC completes about 100

dredge tows per year in each rotational area when sampled using that method. The average number of dredge tows per year is approximately 200 in all areas.

Additional protocols include the use of a towed photographic and sonar hydroacoustic imaging system (HABCAM) and a drop camera, and underwater video system. The HABCAM photographic system has 1 m field of view in each photograph, 5-10 frames per second with greater than 50 percent overlap at 5 kt towing speed. Photo system coupled with two Imagenix side scan sonars or Teledyne Benthos C3D side scan sonars. Between 350 and 690 nm of transects using digital photography by HABCAM each year. The drop camera typically samples over 400 stations on a 1.57 km sampling grid.

22.

NEFOP Observer Scallop Dredge Training Trips:

As described earlier, these trips are certification training for NEFOP observers and occur from Maine to North Carolina annually, with one-day trips (daylight tows) throughout the year as needed. The trips require approximately 6 DAS on contracted commercial fishing vessels using commercial scallop gear such as a turtle deflector dredge (4 to 5 m wide). The tow duration lasts approximately 1 hour with 2 to 3 tows per trip.

23.

Sea Scallop Survey:

The sea scallop survey occurs annually during May-July in an area that extends from Cape Hatteras, North Carolina to the Scotian Shelf, Canada. It assesses distribution and abundance of sea scallops and collects related data. Survey operations are on a 24-hour schedule.

The protocol, since 2008, is to use the chartered vessel R/V

H.R. Sharp

from the University of Delaware to conduct the standardized survey. The vessel deploys a NEFSC 8-ft scallop dredge equipped with a 2-in ring chain bag and lined with 1.5 in mesh webbing liner to retain small scallops. The dredge is towed at 3.8 kts for 15-minute tow intervals with a 3.5:1 tow wire to depth ratio (scope). Approximately 450 stations are sampled each year and require about 36 DAS. Additional protocols may include deploying a stereo-optic towed camera array to count and measure sea scallops and associated fauna utilizing automated digital imagery. The camera system was towed during the 2012 standard survey for half of the sea days. The non-invasive vehicle is towed by a 2-inch fiber optic cable that keeps the vehicle about 1.5 m off the sea floor.

24.

Surf Clam and Ocean Quahog Dredge Survey:

The NEFSC standard surf clam and quahog survey occurs every three years during Jun-Aug in an area that extends from southern Virginia to Georges Bank. It assesses distribution and abundance of surf clams and quahogs and collects related data. Survey operations are on a 24-hour schedule. Until 2012 the surveys were conducted using the F/RV

Delaware II.

The protocol is to use commercial vessels to conduct the survey. The contract vessel will deploy a standard commercially sized hydraulic-jet clam dredge (13 ft blade width). The dredge will be towed at 1.5 kts for 5 min with a 2:1 tow wire to depth ratio (scope). The survey averages 150 tows per survey and requires 15 DAS.

25.

Beach Seine Survey, Maine:

The Maine beach seine survey occurs annually during Apr-Nov in the Penobscot River estuary. It monitors the salmon community within the estuary. Survey operations are during daylight hours.

The protocol is to set the seine biweekly. Seines are deployed with one end held on shore by a crew member and the other end attached to a boat traveling in an arc, and then retrieved by pulling both ends onto shore. The seine is 45 m in length with 5 mm nylon mesh. Typical seine heals are less than 15 min with the resultant catch sampled and released. The survey averages 5 sets per day and 100 sets per year and requires approximately 20 DAS.

26.

Beach Seine Survey, New Jersey:

The New Jersey beach seine survey occurs in summer (Jun-Aug) in Sandy Hook Bay and in the Navesink River, NJ. It monitors the fish community at fixed locations, and survey operations are conducted from shore during daylight hours.

The protocol is to set seines in close proximity to shore by small boat crews. Seines are deployed with one end held on shore by a crew member and the net slowly deployed by boat in an arc and then retrieved by pulling both ends onto shore. The seine is 45 m in length with 5 mm nylon mesh. Typical seine heals are less than 15 min with the resultant, catch sampled and released. The survey averages 90 sets per year.

27.

Coastal Maine Telemetry Network:

This research is conducted year round in the Gulf of Maine and April-November in the Penobscot River, estuary, and bay. The survey operates on a 24-hour schedule. This project monitors tagged fish (

e.g.,

Atlantic salmon, Atlantic sturgeon, and short-nose sturgeon) entering the Penobscot Bay System and exiting the system into the Gulf of Maine. A contracted commercial vessel is used to service the array and requires 10 DAS.

The protocol relies on fixed position acoustic telemetry array receivers on 30 to 120 moorings attached to 10 to 100 m vertical lines (600 lb test with weak links) spaced 250-400 m apart to scan the 69 kHz frequency. Data acquisition is obtained by hauling each buoy and downloading the data.

28.

Deep-sea Coral Survey:

The deep-sea coral survey occurs annually between April-August in deep water (greater than 500 meters) from Cape Hatteras to the eastern Scotain Shelf. It assesses the species diversity, community composition, distribution, and extent of deep sea coral and sponge habitats along the continental shelf margin, slope, and submarine canyons. Survey operations are on a 24-hour schedule. The survey averages 16 DAS, using the R/V

H.B. Bigelow.

Protocols include deploying a 2-m beam trawl (optional) which is 2 m wide and towed at 2 kt for 20 min at depth with a maximum of 30 tows; towing a tethered ROV (10 dives) at 3 kt; a towed camera system at 0.25 kt for 8 hours (18 dives); and CTD profiler with Niskin 12-bottle rosette water sampler. Additional protocols include the use of ADCP (300 or 150 kHz) and split beam and multi-beam acoustics (output frequencies: 18, 38, 70, 120, and 200 kHz).

29.

DelMarVa Habitat Characterization:

This survey occurred one time in August, 2013 in coastal waters off Delaware, Maryland, and Virginia (DelMarVa). The purpose was to characterize and determine fish use of bottom habitats in coastal waters off the DelMarVa Peninsula, as an adjunct to the DelMarVa Reef Survey. Survey operations were during daylight hours aboard the R/V

Resolute

and required 5 DAS.

The protocol was to perform water column acoustic surveys using a single beam, dual frequency (38 and 120 kHz) sonar system. Acoustic transects were performed for periods of 4-6 hours at speeds of 2-4 kt, interrupted periodically to obtain vertical CTD casts recording profiles for temperature, conductivity, chlorophyll a, and turbidity.

30.

DelMarVa Reefs Survey:

This survey occurs annually during August in coastal waters off Delaware, Maryland, and Virginia. The objective is to determine the extent and distribution of rock outcrops and coral habitats and their use by black sea bass and other reef fishes. The survey is conducted using the R/V

Sharp

and requires 5 DAS. The protocol is to deploy and continuously tow a HabCam towed camera vehicle at 5 kt and a CTD.

31.

Diving Operations:

Daylight diving operations are conducted on a year-

round basis in Long Island Sound. It collects growth data on hard clams, oysters and bay scallops. The survey is conducted, using the R/V

Loosanoff,

R/V

Milford 17,

or R/V

Milford 22

and requires 20 DAS.

The protocol is to deploy wire mesh cages (1.5 in square mesh cages 60 in x 24 in x 18 in) that are staked to the substrate, and lantern nets (18 in diameter x 72 in long) that are anchored to the seabed with 4 four cinder blocks with the net oriented vertically.

32.

Ecology of Coastal Ocean Seascapes:

This survey is conducted annually in spring, summer, and fall within the New York Bight. It provides information required for a next generation spatially and temporally explicit population simulation model for commercially important stocks such as summer flounder. Approximately 80 tows are conducted using the R/V

Nauvoo

or R/V

Resolute,

and the survey requires 35 DAS.

The protocol is to deploy a video sled containing a Sea Cam 5000 12 v video cam towed at 1 kt for 300 m. Additional protocols include deployment of CTD, YSI, (1.4 m x 1 m Tucker trawl), plankton net, multi-nutrient analyzer (EcoLAB 2) and Kemmerer bottle. Active acoustics include an ADCP (600 kHz) and multi-frequency echosounder (output frequencies: 38 and 120 kHz).

33.

Finfish Nursery Habitat Study:

This survey is conducted from May through October in Long Island Sound during daylight hours within two hours of high tide. It collects fish eggs, larvae, and juvenile fish from the seabed to identify essential habitats, and to track movements of juvenile fish. The survey is conducted using the R/V

Loosanoff,

R/V

Milford 17,

or

Milford 22

and requires 10 DAS.

The protocol is to deploy: (1) An epibenthic sled (1 m x 333 cm opening) towed on the seabed at 1.5 kts for 5 min; (2) bongo net tow at 0.5 kts at varying depths between the surface and bottom; and (3) Neuston plankton net (1 m x 0.5 m opening a 1 kt at the surface). An additional protocol is to implant 30 acoustic (70 kHz) tags on juvenile fish. The tags have a 14-month battery life.

34.

Gear Effects on Amphipod Tubes:

This survey occurs annually in July and August in Sandy Hook, Barnegat, and Great South Bay, NJ. It assesses the abundance of amphipod tubes and the effects of bull raking and crab dredging. Sampling is conducted during day and night using the R/V Nauvoo, R/V Resolute, and R/V Harvey and requires 20 DAS. The protocol is to deploy a Ponar sediment grab, YSI, 1 m x 1 m Tucker trawl, and a plankton net. The number of samples varies.

35.

Gulf of Maine Ocean Observing System Mooring Cruise:

This survey occurs annually during May and Oct in the Gulf of Maine and northern portion of Georges Bank. It services oceanographic moorings operated by the University of Maine. The vessels used are the R/V

H.B. Bigelow,

R/V

Pisces,

and R/V

G. Gunther

which operate on a 24-hour schedule. The cruise requires 12 DAS. The protocol is to operate the ADCP (300 kHz) during vessel transects to moorings and service ADCP (300 and 75 kHz) on moorings.

36.

Hydroacoustic Surveys:

This survey occurs from spring to autumn (Apr-Nov) in Penobscot Bay and estuary. The purpose of the hydroacoustic component of the estuary surveys is to describe the spatial and temporal patterns of fish distribution in the estuary with a focus on diadromous species. The objective is to inform abundance and habitat-use data gaps through systematic sampling using a variety of gears. The surveys which require 25 DAS operate during daylight hours using the R/V

Silver Smolt

or similar size charter vessel. The protocol is to operate active multi-frequency acoustics: Split-beam (38 and 120 kHz) and DIDSON sonars (1.1 megahertz (MHz)).

37.

Maine Estuaries Diadromous Survey:

This survey occurs annually (Apr-Nov) in the Penobscot River estuary. It assesses the fish community. Survey operations are on a 24-hour schedule.

Protocols include setting a 2 m (2 m x 2 m; 1.9 cm mesh) or 1 m (1m x 1 m; 0.6 cm mesh) inshore by small boat crews during daylight at low tide. The fyke net soaks overnight and is hauled the next day. A marine mammal excluder device is incorporated into the 2 m net (but not the 1 m net). The marine mammal excluder device is a grate of metal bars with 14 centimeter spacing between the bars. The 1 m net has a throat opening of only 12.7 centimeters, which is too small for marine mammals to enter the net. From April-May the nets are set weekly, then twice per month through Nov. The survey averages 100 sets per year which requires about 100 days to complete.

38.

Miscellaneous Fish Collections and Experimental Survey Gear Trials:

These small-scale and opportunistic projects are conducted in all seasons in New York Bight estuary waters. The research activities are conducted on the R/V

Nauvoo,

R/V

Resolute,

R/V

Harvey,

or R/V

Chemist.

The survey protocol depends on the sampling or gear trial protocols. Potential gear are: (1) Combination bottom trawl—net size: 23 ft head rope, 32 ft sweep, 7 ft rise, tow speed 2.5 kts for 20 min;

(2) Lobster pots—18 in x 24 in x 136 in wire pot connected by

3/8

in rope with 7 in x 14 in surface float. One to 60 posts are set for 24 to 96 hours between retrievals;

(3) Fish pots—9 in x 9 in x 18 in wire pots with

1/8

in mesh liner, connected by

3/8

in rope with 7 in x 14 in surface floats. One to 60 pots are set for 24-96 hours between retrievals;

(4) A 2-m beam trawl towed at 2 kts for 15 minutes, up to 5 tows per year;

(5) A seine net; and

(6) Trammel nets—multi trammel net, 12 in walling, 3 in mesh, 6 ft deep x 25 ft long.

39.

NEFOP Observer Gillnet Training Trips:

As described earlier, these one day trips are certification training for NEFOP observers and occur from Maine to North Carolina annually for 6 to 10 DAS on contracted commercial fishing vessels using the contracted vessel's gillnet gear. The nets are strings of 3 to 5 panels each soaked for 12 to 24 hours with 4 sets per trip, 40 sets total. There are no standard dimensions for commercial gillnets, but panels generally measure 3 m high and 91 m long.

40.

Nutrients and Frontal Boundaries:

This study is conducted quarterly in February, May-Jun, Aug, and Nov in the mid-Atlantic Bight (

i.e.,

coastal New Jersey and Long Island waters). The survey is conducted using the R/V

Resolute

and requires 10 DAS. Sampling occurs day and night. The survey protocol requires ADCP (600 kHz), multi-frequency active acoustic devices (38 and 120 kHz), and deployment of CTD.

41.

Ocean Acidification:

These studies are conducted quarterly in the Hudson River and adjacent coastal waters. The purpose is to develop baseline pH measurements in the Hudson River water. This is conducted using the R/V Resolute and requires 10 DAS. Sampling occurs day and night. The protocol is to deploy a YSI 6000, CTD, Kemmerer bottle, and EcoLAB2 multi-nutrient analyzer.

42.

Pilot Studies:

This project is conducted annually in June in Massachusetts coastal waters or on Georges Bank. The survey protocol is to deploy an autonomous underwater vehicle (AUV; Remus 100) during daylight hours to test equipment. The AUV is deployed from the R/V

G. Michelle

and requires 5 DAS.

43.

Rotary Screw Trap (RSTs) Survey:

Rotary screw trap sampling is conducted annually from Apr to Jun, daily (mornings) in the Penobscot River estuary. It assesses the fish community

within the estuary. This project requires 60 DAS.

The protocol is to deploy one to three traps depending on the sampling site. Trap dimensions are 1.2 m x 1.5 m x 2.4 m and tending schedules are adjusted according to conditions of the river/estuary and potential for interactions with protected species. Sampling can be modified (period fishing), delayed, or concluded according to the potential for interactions with Atlantic salmon or other protected species.

44.

Sea Bed Habitat Classification Survey:

This survey is conducted year round in Long Island Sound during daylight hours within two hours of high tide. It determines the composition of the surface layer of the seabed utilizing hydroacoustic equipment. The survey requires 20 DAS using the R/V

Loosanoff,

R/V

Milford 17,

or R/V

Milford 22.

The protocol is to connect a Quester Tangent seabed classification system to the 50/200 kHz hull-mounted transducer while transects are made at 4.5 kts. In addition, a drop camera (24 in x 24 in x 24 in) in a water filled box is deployed 2 m or less above the seabed directly below the support vessel.

45.

Trawling to Support Finfish Aquaculture Research:

This work is conducted annually from May through Aug in Long Island Sound. It collects finfish broodstock for laboratory spawning and rearing and experimental studies.

The protocol is to deploy a combination bottom trawl with a net size (40 ft x 40 ft x 7 ft) at 2.5 kts for a maximum duration of 30 min; or shrimp trawl (16 ft x 16 ft x 2ft) at 1.5 kts for a maximum of 30 min. Additional protocols include rod and reel (I/O circle and J hooks, and gill net which is 150 ft long 8 ft high, with 4 in stretched mesh. The combination and shrimp trawls require 50 tows, the rod and reel 12 hooks fished for 1000 hr and 15 gillnet sets. The survey requires 30 DAS using the R/V

Loosanoff,

R/V

Milford 17,

or R/V

Milford 22.

46.

U.S. Army Corps of Engineers Bottom Sampling:

Bottom grab samples are collected every two years in Woods Hole Harbor for habitat assessment monitoring. The protocol is to deploy a Peterson grab to collect 6 random samples. This is conducted by the R/V

G. Michelle

during daylight hours and requires one DAS.

47.

COASTSPAN Longline and Gillnet Surveys:

The purpose of this survey is to determine the location of shark nurseries, their species composition, relative abundance, distribution, and migration patterns. It is used to identify and refine essential fish habitat and provides standardized indices of abundance by species used in multiple species specific stock assessments. Cooperating institutions and agencies conduct this component of COASTSPAN (

e.g.,

South Carolina Department of Natural Resources, Georgia Department of Natural Resources, and University of North Florida). It occurs from Florida to Rhode Island annually during summer using 85 DAS on cooperating institution and agency vessels.

The protocol for the survey includes deployment of bottom longline gear or anchored sinking gillnet. There are two categories of longline gear characteristics based on the size of sharks targeted; small juvenile sharks and large juvenile/adult sharks. The mainline length is 1000 ft for both categories. Gangion length is 5 ft for small sharks and 8 ft for large sharks. Gangion spacing is 20 ft for small sharks and 40 ft for large sharks. Mustad circle hooks of size 12/0 are used for small sharks and size 16/0 for large sharks. Sets for small sharks use 50 hooks per set while large shark sets have 25 hooks. The bait is finfish (mackerel or herring) for both types of sets. Soak time is 30 minutes for small sharks and 2 hours for large sharks. Approximately 150 total sets are made per survey. The single panel anchored gillnet is 325 ft long x 10 ft high with 4 in stretch mesh made of #177 (20 lb test) nylon monofilament. The soak time is 3 hours, but the net is continuously checked to retrieve, tag and release target species and release all bycatch.

48.

Opportunistic Hydrographic Sampling:

This program consists of opportunistic plankton and hydrographic sampling during summer transits on the R/V

Okeanos Explorer

in waters less than 300 m deep. The protocol is to deploy small plankton nets (1 m x 2 m) to a depth of 25 m and to record hydrographic data from expendable bathythermographs.

Description of Active Acoustic Sound Sources

This section contains a brief technical background on sound, the characteristics of certain sound types, and on metrics used in this proposal inasmuch as the information is relevant to the NEFSC's specified activity and to a discussion of the potential effects of the specified activity on marine mammals found later in this document. We also describe the active acoustic devices used by the NEFSC.

Sound travels in waves, the basic components of which are frequency, wavelength, velocity, and amplitude. Frequency is the number of pressure waves that pass by a reference point per unit of time and is measured in hertz (Hz) or cycles per second. Wavelength is the distance between two peaks or corresponding points of a sound wave (length of one cycle). Higher frequency sounds have shorter wavelengths than lower frequency sounds, and typically attenuate (decrease) more rapidly, except in certain cases in shallower water. Amplitude is the height of the sound pressure wave or the “loudness” of a sound and is typically described using the relative unit of the decibel (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 [μPa]), and is a logarithmic unit that accounts for large variations in amplitude; therefore, a relatively small change in dB corresponds to large changes in sound pressure. The source level (SL) represents the SPL referenced at a distance of 1 m from the source (referenced to 1 μPa), while the received level is the SPL at the listener's position (referenced to 1 μPa).

Root mean square (rms) is the quadratic mean sound pressure over the duration of an impulse. Rms is calculated by squaring all of the sound amplitudes, averaging the squares, and then taking the square root of the average (Urick, 1983). Rms accounts for both positive and negative values; squaring the pressures makes all values positive so that they may be accounted for in the summation of pressure levels (Hastings and Popper, 2005). This measurement is often used in the context of discussing behavioral effects, in part because behavioral effects, which often result from auditory cues, may be better expressed through averaged units than by peak pressures.

Sound exposure level (SEL; represented as dB re 1 μPa

2

−s) represents the total energy contained within a pulse, and considers both intensity and duration of exposure. For a single pulse, the numerical value of the SEL measurement is usually 5-15 dB lower than the rms sound pressure in dB re 1 μPa, with the comparative difference between measurements of rms and SEL measurements often tending to decrease with increasing range (Greene, 1997; McCauley

et al.,

1998). Peak sound pressure is the maximum instantaneous sound pressure measurable in the water at a specified distance from the source, and is represented in the same units as the rms sound pressure. Another common metric is peak-to-peak sound pressure (p-p), which is the algebraic difference between the peak positive and peak

negative sound pressures. Peak-to-peak pressure is typically approximately 6 dB higher than peak pressure (Southall

et al.,

2007).

When underwater objects vibrate or activity occurs, sound-pressure waves are created. These waves alternately compress and decompress the water as the sound wave travels. Underwater sound waves radiate in a manner similar to ripples on the surface of a pond and may be either directed in a beam or beams (as for the sources considered here) or may radiate in all directions (omnidirectional sources). The compressions and decompressions associated with sound waves are detected as changes in pressure by aquatic life and man-made sound receptors such as hydrophones.

Even in the absence of sound from the specified activity, the underwater environment is typically loud due to ambient sound. Ambient sound is defined as environmental background sound levels lacking a single source or point (Richardson

et al.,

1995), and the sound level of a region is defined by the total acoustical energy being generated by known and unknown sources. These sources may include physical (

e.g.,

waves, earthquakes, ice, atmospheric sound), biological (

e.g.,

sounds produced by marine mammals, fish, and invertebrates), and anthropogenic (

e.g.,

vessels, dredging, construction) sound. A number of sources contribute to ambient sound, including the following (Richardson

et al.,

1995):

• Wind and waves: The complex interactions between wind and water surface, including processes such as breaking waves and wave-induced bubble oscillations and cavitation, are a main source of naturally occurring ambient sound for frequencies between 200 Hz and 50 kHz (Mitson, 1995). In general, ambient sound levels tend to increase with increasing wind speed and wave height. Surf sound becomes important near shore, with measurements collected at a distance of 8.5 km from shore showing an increase of 10 dB in the 100 to 700 Hz band during heavy surf conditions.

• Precipitation: Sound from rain and hail impacting the water surface can become an important component of total sound at frequencies above 500 Hz, and possibly down to 100 Hz during quiet times.

• Biological: Marine mammals can contribute significantly to ambient sound levels, as can some fish and shrimp. The frequency band for biological contributions is from approximately 12 Hz to over 100 kHz.

• Anthropogenic: Sources of ambient sound related to human activity include transportation (surface vessels), dredging and construction, oil and gas drilling and production, seismic surveys, sonar, explosions, and ocean acoustic studies. Vessel noise typically dominates the total ambient sound for frequencies between 20 and 300 Hz. In general, the frequencies of anthropogenic sounds are below 1 kHz and, if higher frequency sound levels are created, they attenuate rapidly. Sound from identifiable anthropogenic sources other than the activity of interest (

e.g.,

a passing vessel) is sometimes termed background sound, as opposed to ambient sound.

The sum of the various natural and anthropogenic sound sources at any given location and time—which comprise “ambient” or “background” sound—depends not only on the source levels (as determined by current weather conditions and levels of biological and human activity) but also on the ability of sound to propagate through the environment. In turn, sound propagation is dependent on the spatially and temporally varying properties of the water column and sea floor, and is frequency-dependent. As a result of the dependence on a large number of varying factors, ambient sound levels can be expected to vary widely over both coarse and fine spatial and temporal scales. Sound levels at a given frequency and location can vary by 10-20 dB from day to day (Richardson

et al.,

1995). The result is that, depending on the source type and its intensity, sound from the specified activity may be a negligible addition to the local environment or could form a distinctive signal that may affect marine mammals. Details of source types are described in the following text.

Sounds are often considered to fall into one of two general types: Pulsed and non-pulsed (defined in the following). The distinction between these two sound types is important because they have differing potential to cause physical effects, particularly with regard to hearing (

e.g.,

Ward, 1997 in Southall

et al.,

2007). Please see Southall

et al.

(2007) for an in-depth discussion of these concepts.

Impulsive sound sources (

e.g.,

explosions, airguns, sonic booms, impact pile driving) produce signals that are brief (typically considered to be less than one second), broadband, atonal transients (ANSI, 1986, 2005; Harris, 1998; NIOSH, 1998; ISO, 2003) and occur either as isolated events or repeated in some succession. Pulsed sounds are all characterized by a relatively rapid rise from ambient pressure to a maximal pressure value followed by a rapid decay period that may include a period of diminishing, oscillating maximal and minimal pressures, and generally have a greater potential to affect hearing sensitivity as compared to sounds that lack these features.

Non-pulsed (

i.e.,

continuous) sounds can be tonal, narrowband, or broadband, brief or prolonged, and may be either continuous or non-continuous (ANSI, 1995; NIOSH, 1998). Some of these non-pulsed sounds can be transient signals of short duration but without the essential properties of pulses (

e.g.,

rapid rise time). Examples of non-pulsed sounds include those produced by vessels, aircraft, machinery operations such as drilling or dredging, vibratory pile driving, and active sonar systems (such as those used by the U.S. Navy). The duration of such sounds, as received at a distance, can be greatly extended in a highly reverberant environment.

We use generic sound exposure thresholds (see Table 1 in this notice) to determine when an activity that produces sound might result in impacts to a marine mammal such that a take by harassment might occur. These thresholds should be considered guidelines for estimating when harassment may occur (

i.e.,

when an animal is exposed to levels equal to or exceeding the relevant criterion) in specific contexts; however, useful contextual information that may inform our assessment of effects is typically lacking and we consider these thresholds as step functions.

Table 1—Current Acoustic Exposure Criteria

Criterion

Definition

Threshold

Level A harassment (underwater)

Injury (PTS—any level above that which is known to cause TTS)

180 dB (cetaceans)/190 dB (pinnipeds) (rms).

Level B harassment (underwater)

Behavioral disruption

160 dB (impulsive source)/120 dB (continuous source) (rms).

These are simple step-function thresholds that do not consider the repetition or sustained presence of a sound source nor does it account for the known differential hearing capabilities between species. Sound produced by the NEFSC's acoustic sources here are very short in duration (typically on the order of milliseconds), intermittent, have high rise times, and are operated from moving platforms. Thus, we consider them as impulsive sources.

NMFS is currently revising these acoustic guidelines; for more information on that process, please visit

www.nmfs.noaa.gov/pr/acoustics/guidelines.htm.

NMFS has determined that the 160-dB threshold for impulsive sources is most appropriate for use in considering the potential effects of the NEFSC's activities.

Sound Propagation Assumptions

The degree to which underwater sound propagates away from a sound source is dependent on a variety of factors, most notably the water bathymetry and presence or absence of reflective or absorptive conditions including in-water structures and sediments. Spherical spreading occurs in a perfectly unobstructed (free-field) environment not limited by depth or water surface, resulting in a 6-dB reduction in sound level for each doubling of distance from the source (20*log[range]). Cylindrical spreading occurs in an environment in which sound propagation is bounded by the water surface and sea bottom, resulting in a reduction of 3 dB in sound level for each doubling of distance from the source (10*log[range]). A practical spreading value of fifteen is often used under conditions where water increases with depth as the receiver moves away from the shoreline, resulting in an expected propagation environment that would lie between spherical and cylindrical spreading loss conditions. Practical spreading loss (4.5 dB reduction in sound level for each doubling of distance) is not assumed for this proposed rulemaking. The use of a spherical spreading remains a reasonable, if not conservative, assumption for a generalized approach assessing the Level B harassment zones around various echo-sounders for this proposed rulemaking.

For the frequencies of the echo sounders/sonars used in the fisheries acoustics applications (greater than 10 kHz) and the realistic water depths involved in the surveys (greater than 30 m), the ratio of depth to the wave length is typically greater than 200, unlikely causing any type of cylindrical-like spreading,

i.e.

waveguide effect.

Due to the relatively short distances these sounds travel before falling below threshold due to spreading loss and absorption of these typically high-frequency sources, most are unlikely to reach distances far enough from the source to transition to propagation loss approaching cylindrical spreading. The multi-path arrivals that might lead to a lower propagation loss for more continuous signals, are more likely for these very short duration signals to lead to a lengthening of the signal (or even discrete pulses if surface/bottom bounces occur) rather than an increase in sound pressure level. This would leave the range at which the signal drops to a particular SPL (

e.g.,

160 dB re 1uPa rms) unaltered from the spherical spreading model. Also critically important to consider is that these sources are highly directional, and most often pointed towards the bottom. When this acoustic energy hits the bottom at low angles of incidence or large grazing angle (

e.g.

on a path nearly perpendicular to the ocean floor), the much of this energy will be both absorbed and scattered, rather than reflected, leading to a very high loss of energy due to interaction with the bottom. As a result, the transmission loss would likely be much higher, rather than having a perfect reflection of all energy which could then lead to a less than 20LogR transmission loss overall.

Finally, there are also a number of very conservative assumptions used in the NEFSC's calculations (

e.g.,

highest source level and lowest frequency for range calculations) which leads to overestimates of the potential range where Level B harassment might occur, since operationally, parameters like the source level are likely to be lower in shallow water where a large range detection is unnecessary.

Description of NEFSC's Active Acoustic Devices

NEFSC's fisheries surveys may use a wide range of active acoustic devices 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. The NEFSC may also use passive listening sensors (

i.e.,

remotely and passively detecting sound rather than producing it), which do not have the potential to impact marine mammals. NEFSC 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.,

acoustic Doppler current profilers).

Mid- and high-frequency 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° (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. Please see Zykov and Carr (2014) for further discussion of electromechanical sound sources.

The types of active sources employed in fisheries acoustic research and monitoring may be considered in two broad categories here, based largely on their respective operating frequency (

e.g.,

within or outside the known audible range of marine species) and other output characteristics (

e.g.,

signal duration, directivity). As described below, these operating characteristics result in differing potential for acoustic impacts on marine mammals.

Category 1 active fisheries acoustic sources include those with high output frequencies (greater than 180 kHz) that are outside the known functional hearing capability of any marine mammal. Sounds that are above the functional hearing range of marine animals may be audible if sufficiently loud (

e.g.,

Mohl, 1968) or may elicit some type of behavioral response (

e.g.,

Deng

et al.,

2014; Hastie

et al.,

2014). However, the relative output levels of these sources mean that they would potentially be detectable to marine mammals at maximum distances of only a few meters, and are highly unlikely to be of sufficient intensity to result in behavioral harassment. These sources also generally have short duration signals and highly directional beam

patterns, meaning that any individual marine mammal would be unlikely to even receive a signal that would almost certainly be inaudible. 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 are present on most NEFSC fishery research vessels, 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 focused (highly directional) to serve their intended purpose of mapping specific objects, depths, or environmental features. These characteristics reduce the likelihood of an animal receiving or perceiving the signal. A number of these sources, particularly those 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) that may lessen the likelihood of perception by and potential impact on marine mammals.

We now describe specific acoustic sources used by the NEFSC. 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 (

i.e.,

good range) 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. We summarize characteristics of these sources in Table 2.

1.

Multi-Frequency Narrow Beam Scientific Echosounders

—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 NEFSC 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 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 NEFSC operates Simrad EK60 system, which transmits and receives at six frequencies ranging from 18 to 333 kHz.

2.

Multibeam Echosounder and Sonar

—Multibeam echosounders and sonars operate similarly to the devices described above. 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 NEFSC operates the Simrad ME70 system, which is mounted to the hull of the research vessels and emits frequencies in the 70-120 kHz range.

3.

Single-Frequency Omnidirectional Sonar

—Low-frequency, high-resolution, long range fishery sonars operate with user selectable frequencies between 20-30 kHz, which provide longer range and prevent interference from other vessels. These sources provide omnidirectional imaging around the source with three different vertical beamwidths available (single or dual vertical view and 180° tiltable). At the 30-kHz operating frequency, the vertical beamwidth is less than 7° and can be electronically tilted from +10 to −80°, which results in differential transmitting beam patterns. The cylindrical multi-element transducer allows the omnidirectional sonar beam to be electronically tilted down to −60°, allowing automatic tracking of schools of fish within the entire water volume around the vessel. The NEFSC operates the Simrad SX90 system.

4.

Acoustic Doppler Current Profiler (ADCP)

—An ADCP is a type of sonar used for measuring water current velocities simultaneously at a range of depths. Whereas current depth profile measurements in the past required the use of long strings of current meters, the ADCP enables measurements of current velocities across an entire water column. The ADCP measures water currents with sound, using the Doppler effect. A sound wave has a higher frequency when it moves towards the sensor (blue shift) than when it moves away (red shift). 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. Due to the Doppler effect, sound waves bounced back from a particle moving away from the profiler have a slightly lowered frequency when they return. 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.

An ADCP anchored to the seafloor can measure current speed not just at the bottom, but at equal intervals to the surface. An ADCP instrument may be

anchored to the seafloor or can be mounted to a mooring or to the bottom of a boat. ADCPs that are moored need an anchor to keep them on the bottom, batteries, and a data logger. Vessel-mounted instruments need a vessel with power, a shipboard computer to receive the data, and a GPS navigation system so the ship's movements can be subtracted from the current velocity data. ADCPs operate at frequencies between 75 and 300 kHz.

5.

Net Monitoring Systems

—During trawling operations, a range of sensors may be used to assist with controlling and monitoring gear. Net sounders give information about the concentration of fish around the opening to the trawl, as well as the clearances around the opening and the bottom of the trawl; catch sensors give information about the rate at which the codend is filling; symmetry sensors give information about the optimal geometry of the trawls; and tension sensors give information about how much tension is in the warps and sweeps. The NEFSC uses the NetMind System which measures door spread and monitors the door height off of the bottom and operates at 30 and 200 kHz. The NEFSC also uses a Simrad ITI Catch Monitoring System, which allows monitoring of the exact position of the gear and of what is happening in and around the trawl.

Table 2—Operating Characteristics of NEFSC Active Acoustic Sources

Active acoustic system

Operating frequencies

Maximum source level

(db)

Single ping duration (ms) and repetition rate

(Hz)

Orientation/directionality

Nominal beamwidth

(degrees)

Simrad EK60 (surrogate for ES60) narrow beam echosounder

18,

38, 70, 120, 200,

333 kHz; primary frequencies italicized

224 dB

Variable; most common settings are 1 ms and 0.5 Hz

Downward looking

7° at 38 kHz.

11° at 18 kHz.

Simrad ME70 multibeam echosounder

70-120 kHz

205 dB

0.06-5 ms; 1-4 Hz

Primarily downward looking

130°.

Simrad SX90 narrow beam sonar

20-30 kHz

219 dB

Variable

Omnidirectional

4-5° (variable for tilt angles from 0-45° from horizontal).

Teledyne RD Instruments ADCP, Ocean Surveyor

75 kHz

224 dB

0.2 Hz

Downward looking

30°.

Simrad ITI Catch Monitoring System

27-33 kHz

214 dB

0.05-0.5 Hz

Downward looking

40°.

Raymarine SS260 transducer for DSM300 (surrogate for FCV-292)

50, 200 kHz

217 dB

Unknown

Downward looking

19° at 50 kHz.

6° at 200 kHz.

Simrad EQ50

50, 200 kHz

210 dB

Variable

Downward looking

16° at 50 kHz.

7° at 200 kHz.

NetMind

30, 200 kHz

190 dB

Unknown

Downward looking

50°.

Proposed Mitigation

In order to issue an incidental take authorization under section 101(a)(5)(A) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, “and other means of effecting the least practicable adverse 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 subsistence uses.” Note that taxonomic information for certain species mentioned in this section is provided in the following section (“Description of Marine Mammals in the Area of the Specified Activity”).

The NEFSC proposed to implement the following suite of mitigation measures during fisheries research. The Center bases these procedures on protocols used during previous research surveys and/or best practices developed for commercial fisheries using similar gear. In addition, the proposed rule's adaptive management framework would require the NEFSC to review its procedures and investigate options for incorporating new mitigation measures and equipment into its on-going survey programs. The NEFSC will initiate a process for its Chief Scientists and vessel captains 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. Evaluations of new mitigation measures include assessments of their effectiveness in reducing risk to marine mammals. However, consideration of additionally proposed measures must also pass safety considerations and allow survey results to remain consistent with previous data sets.

General Measures

Coordination and communication

—When NEFSC 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 NEFSC 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 NEFSC survey effort is conducted aboard cooperative platforms (

i.e.,

non-NOAA vessels), ultimate responsibility, and decision authority again rests with non-NEFSC 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 NEFSC survey effort is composed, in part or whole, of NEFSC staff led by a Chief Scientist (CS). Therefore, because the NEFSC—not OMAO or any other entity that may have authority over survey platforms used by the NEFSC—is the applicant to whom any incidental take

authorization issued under the authority of these proposed regulations would be issued, we require that the NEFSC take all necessary measures to coordinate and communicate in advance of each specific survey with OMAO, or 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. NEFSC 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. 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.

Protected species training

—In an effort to help standardize and further emphasize the importance of protected species information, the NEFSC will implement a formalized protected species training program for all crew members as part of its continuing research program that will be required for all NEFSC-affiliated research projects, including cooperative research partners. The NEFSC would conduct training programs on a regular basis which would include topics such as monitoring and sighting protocols, species identification, decision-making factors for avoiding take, procedures for handling and documenting protected species caught in research gear, and reporting requirements. Required training would occur through participation in protected species training programs developed by the regional commercial Fisheries Observer Program, which would typically be the Northeast Fisheries Observer Program (NEFOP).

All NEFSC research crew members that may be assigned to monitor for the presence of marine mammals and sea turtles during future surveys will be required to attend an initial training course and refresher courses annually or as necessary. The implementation of this new training program will formalize and standardize the information provided to all crew that might experience protected species interactions during research activities.

Vessel speed

—Vessel speed during active sampling rarely exceeds 5 kt, with typical speeds being 2 to 4 kt. Transit speeds vary from 6 to 14 kt but average 10 kt. 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.

Other gears

—The NEFSC 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.,

plankton nets, video camera and ROV deployments) are not considered to pose any risk to marine mammals and are therefore not subject to specific mitigation measures. In addition, specific aspects of gear design, survey protocols (

e.g.,

number of hooks), and limited frequency of use indicate that certain types of gears that may otherwise be expected to have the potential to result in take of marine mammals do not pose significant risk to certain species of marine mammals (

e.g.,

large whales interactions with NEFSC longline gears) and are not subject to specific mitigation measures due to the low level of survey effort and small survey footprint relative to that of commercial fisheries. However, at all times when the NEFSC 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 use of all research equipment.

Handling procedures

—The NEFSC 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. Because incidental take of marine mammals in fishing gear is similar for commercial fisheries and research surveys, NEFSC proposes to adopt these protocols, which are expected to increase post-release survival. In general, following a “common sense” approach to handling captured or entangled marine mammals will present the best chance of minimizing injury to the animal and of decreasing risks to scientists and vessel crew. Handling or disentangling marine mammals carries inherent safety risks, and using best professional judgment and ensuring human safety is paramount. The NEFSC protected species training programs would include procedures for handling and documenting protected species caught in research gear, and reporting requirements. The CS and appropriate members of the research crews would also be trained using the same monitoring, data collection, and reporting protocols for protected species as is required by the NEFOP.

Written protocols

—For all NEFSC-affiliated research projects and vessels, the vessel coordinator and center director reviews cruise instructions and protocols for avoiding adverse interactions with protected species. If the research is conducted on a NOAA vessel, the Commanding Officer finalizes these instructions. If any inconsistencies or deficiencies are found, the written instructions will be made fully consistent with the NEFOP training materials and any guidance on decision-making that arises out of the training opportunities described earlier. In addition, the NEFSC would review informational placards and reporting procedures and update them as necessary for consistency and accuracy. Many research cruises already include pre-sail review of protected species protocols. The NEFSC will require pre-sail briefings before all research cruises, including those conducted by cooperating partners, as part of its continuing research program.

Trawl Survey Visual Monitoring and Operational Protocols

The mitigation requirements described here are applicable to all beam, mid-water, and bottom trawl operations conducted by the NEFSC.

Visual monitoring

—The OOD, CS (or other designated member of the Scientific Party), and crew standing watch on the bridge visually scan for marine mammals (and other protected species) during all daytime operations. Marine mammal watches will be conducted by scanning the surrounding waters with bridge binoculars to survey the area upon arrival at the station, during visual and sonar reconnaissance of the trawl line to look for potential hazards (

e.g.,

commercial fishing gear, unsuitable bottom for trawling,

etc.

), and while the gear is deployed. During nighttime operations, visual observation will be conducted using the naked eye and available vessel lighting.

The NEFSC considered a modification of the move-on rule to monitor for marine mammals for a 30-minute period while on station before deploying trawl gear. However, the NEFSC deemed this as not practicable because the measure would result in substantial delays to complete the surveys, increased costs and days at sea, and reductions in the number of stations and amount of fish sampled annually. The reduction in effort would adversely affect the scientific integrity of its research programs and quality of data used to inform NEFSC stock assessments by compromising the statistical continuity of long-term time-series data sets which could affect future fisheries management decisions.

Operational procedures

—The primary purpose of conducting visual monitoring period is to implement the “move-on rule.” If marine mammals are sighted around the vessel before setting the gear, the OOD may decide to move the vessel away from the marine mammal to a different section of the sampling area if the animal appears to be at risk of interaction with the gear. During daytime trawl operations), research trawl gear is not deployed if marine mammals have been sighted near the ship unless those animals do not appear to be in danger of interactions with the trawl, as determined by the judgment of the OOD and CS. The efficacy of the move-on rule is limited during night time trawl operations or other periods of limited visibility. However, operational lighting from the vessel illuminates the water in the immediate vicinity of the vessel during gear setting and retrieval.

After moving on, if marine mammals are still visible from the vessel and appear to be at risk, the OOD may decide to move the vessel again or skip the sampling station. The OOD will consult with the CS or other designated scientist (identified prior to the voyage and noted on the cruise plan) and other experienced crew as necessary to determine the best strategy to avoid potential takes of these species. Strategies are based on the species encountered, their numbers and behavior, their position and vector relative to the vessel, and other factors. For instance, a whale transiting through the area and heading away from the vessel may not require any move, or may require only a short move from the initial sampling site, while a pod of dolphins gathered around the vessel may require a longer move from the initial sampling site or possibly cancellation of the station if the dolphins follow the vessel. If trawling operations have been delayed because of the presence of marine mammals, the vessel resumes trawl operations (when practical) only when the animals have not been sighted near the vessel or otherwise determined to no longer be at risk. This decision is at the discretion of the OOD and is situationally dependent.

In general, trawl operations will be conducted immediately upon arrival on station in order to minimize the time during which marine mammals may become attracted to the vessel. However, in some cases it will be necessary to conduct small net tows (

e.g.,

bongo net) prior to deploying trawl gear in order to avoid trawling through extremely high densities of gelatinous zooplankton that can damage trawl gear.

Once the trawl net is in the water, the OOD, CS, and/or crew standing watch will continue to visually monitor the surrounding waters and will maintain a lookout for marine mammal presence as far away as environmental conditions allow.

If marine mammals are sighted before the gear is fully retrieved, the most appropriate response to avoid marine mammal interaction will be determined by the professional judgment of the CS, watch leader, OOD and other experienced crew as necessary. This judgment will be based on past experience operating trawl gears around marine mammals (

i.e.,

best professional judgment) and on NEFSC training sessions that will facilitate dissemination of expertise operating in these situations (

e.g.,

factors that contribute to marine mammal gear interactions and those that aid in successfully avoiding such events). Best professional judgment takes into consideration the species, numbers, and behavior of the animals, the status of the trawl net operation (

e.g.,

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. We recognize that it is not possible to dictate in advance the exact course of action that the OOD or CS should take in any given event involving the presence of marine mammals in proximity to an ongoing trawl tow, given the sheer number of potential variables, combinations of variables that may determine the appropriate course of action, and the need to consider human safety in the operation of fishing gear at sea. Nevertheless, we require a full accounting of factors that shape both successful and unsuccessful decisions and these details will be fed back into NEFSC training efforts and ultimately help to refine the best professional judgment that determines the course of action taken in any given scenario (see further discussion in “Proposed Monitoring and Reporting”).

The efficacy of the “move-on” rule is limited during night time or other periods of limited visibility; research gear is deployed as necessary when visibility is poor, although operational lighting from the vessel illuminates the water in the immediate vicinity of the vessel during gear setting and retrieval.

Tow duration and direction

—Standard survey protocols that are expected to lessen the likelihood of marine mammal interactions include standardized tow durations and distances. Standard tow durations of not more than thirty minutes at the target depth will be implemented, excluding deployment and retrieval time (which may require an additional thirty minutes, depending on target depth), to reduce the likelihood of attracting and incidentally taking marine mammals. Short tow durations decrease the opportunity for marine mammals to find the vessel and investigate. The exceptions to the 30-min tow duration are the Atlantic Herring Acoustic Pelagic Trawl Survey (AHAPTS) and the deep-water biodiversity survey where the total time in the water (deployment, fishing, haulback) are 40 to 60 min and 180 min, respectively.

Trawl tow distances will be less than 3 nm—typically 1-2 nm, depending on the specific survey and trawl speed—which is also expected to reduce the likelihood of attracting and incidentally taking marine mammals.

The NEFSC will tow the bottom trawl in either straight lines or following depth contours, whereas the AHAPTS tows would target fish aggregations and deep-water biodiversity tows along oceanographic or bathymetric features. Sharp course changes will be avoided in all surveys.

Gear maintenance

—The crew will be careful when emptying the trawl to avoid damage to marine mammals that may be caught in the gear but are not visible upon retrieval. The gear will be emptied as quickly as possible after retrieval in order to determine whether or not marine mammals are present. The vessel's crew will clean trawl nets prior to deployment to remove prey items that might attract marine mammals. Catch volumes are typically small with every attempt made to collect all organisms caught in the trawl.

Speed and course alterations

—The vessel's speed during active sampling with trawl nets will not exceed 5 kt. Typical towing speeds are 2-4 kt. Transit speed between active sampling stations will range from 10-12 kt, except in areas where vessel speeds are regulated to lower speeds. When

operating in North Atlantic right whale Seasonal Management Areas, Dynamic Management Areas, or in the vicinity of right whales or surface active groups of large baleen whales the vessel's speed will not exceed 10 kt. Further, vessels will reduce speed and change course in the vicinity of resting groups of large whales.

As noted earlier, if marine mammals are sighted prior to deployment of the trawl net, the vessel may be moved away from the animals to a new station at the discretion of the OOC. Also, at any time during a survey or in transit, any crew member that sights marine mammals that may intersect with the vessel course will immediately communicate their presence to the bridge for appropriate course alteration or speed reduction as possible to avoid incidental collisions.

Dredge Survey Visual Monitoring and Operational Protocols

The mitigation requirements described here are applicable to all hydraulic, New Bedford-type, commercial, and Naturalist dredge operations conducted by the NEFSC.

Visual monitoring

—Visual monitoring requirements for all dredge gears are the same as those described above for trawl surveys. Please see that section for full details of the visual monitoring and “move-on” protocols. The small size of the scallop dredge (eight feet wide) and clam dredge (13 feet wide) and the fishing orientation of the opening during most of the dredge haul (downward against the seabed) minimize the need for marine mammal excluding devices. However, care will be taken when emptying the dredge to avoid damage to protected species that may be caught in the gear but are not visible upon retrieval. The gear will be emptied as quickly as possible after retrieval in order to determine whether or not protected species are present.

Tow duration and direction

—Standard dredge durations are 15 min or less, excluding deployment and retrieval time, to reduce the likelihood of attracting and incidentally taking protected species.

Longline Gear Visual Monitoring and Operational Protocols

Visual monitoring

—Visual monitoring requirements for pelagic or demersal longline surveys are the same as those described above for trawl surveys. Please see that section for full details.

Operational procedures

—The precautions for setting longline gear apply to the following NEFSC surveys: Apex Predators Bottom Longline Coastal Shark, Apex Predators Pelagic Nursery Grounds Shark, COASTSPAN Longline Surveys, and the NEFOP Observer Bottom Longline Training Trips. Prior to setting the gear, the OOD, CS, and crew visually scan the waters surrounding the vessel for protected species at least 30 minutes before deploying the longline gear. This typically occurs during transit through the setting area and then returning back to the starting point. Longline sets may be delayed if marine mammals have been detected near the vessel in the 30 minutes prior to setting the gear.

For the Apex Predators Bottom Longline Coastal Shark Survey, the OOD, CS, and crew uses a one nautical mile radius around the vessel as to guide the decision on whether marine mammals are at risk of interactions before deploying the gear). The vessel may be moved to a new location if marine mammals are present and the OOD uses professional judgment to minimize the risk to marine mammals from potential gear interactions.

During longline sets, the OOD, CS, and crew standing watch will monitor the gear to look for hooked or entangled marine mammals and other protected species.

NEFSC longline sets are conducted with either drifting pelagic gear marked at both ends with high flyers or radio buoys and at specific intervals throughout the line with buoys or bottom set gear also marked at both ends with high flyers and buoys at specific intervals throughout the line. The NEFSC has established standard soak times of three hours for bottom longline and two to five hours for pelagic longline surveys. The CS will ensure that soak times do not exceed five hours, except in cases where weather or mechanical difficulty delay gear retrieval.

NEFSC longline protocols specifically prohibit chumming (releasing additional bait to attract target species to the gear). Bait is removed from hooks during retrieval and retained on the vessel until all gear is removed from the area. The crew will not discard offal or spent bait while longline gear is in the water to reduce the risk of marine mammals detecting the vessel or being attracted to the area.

If marine mammals are detected while longline gear is in the water, the OOD exercises similar judgments and discretion to avoid incidental take of marine mammals as described for trawl gear. The species, number, and behavior of the marine mammals are considered along with the status of the ship and gear, weather and sea conditions, and crew safety factors.

If marine mammals are present during setting operations, immediate retrieval or halting the setting operations may be warranted. If setting operations have been halted due to the presence of marine mammals, resumption of setting will not begin until no marine mammals have been observed for at least 15 min. When visibility allows, the OOD, CS, and crew standing watch will conduct set checks every 15 min to look for hooked, or entangled marine mammals.

If marine mammals are present during retrieval operations, haul-back will be postponed until the OOD determines that it is safe to proceed. The NEFSC would take extra caution during gear retrieval.

Gill Net Visual Monitoring and Operational Protocols

Visual monitoring

—The monitoring procedures for gill nets are similar to those described for trawl gear. The NEFSC does not propose to use pelagic gillnets in any survey.

Operational procedures

—Gill nets are not deployed if marine mammals have been sighted on arrival at the sample site. The exception is for animals that, because of their behavior, travel vector or other factors, do not appear to be at risk of interaction with the gillnet gear. If no marine mammals are present, the gear is set and monitored during the soak. If a marine mammal is sighted during the soak and appears to be at risk of interaction with the gear, then the gear is pulled immediately.

For the COASTSPAN surveys, the NEFSC will actively monitor for potential bottlenose dolphin entanglements by hand-checking the gillnet every 20 minutes by lifting the foot net. Also, in the unexpected case of a bottlenose dolphin entanglement, the NEFSC would request and arrange for expedited genetic sampling in order to determine the stock and would photograph the dorsal fin and submit to the Southeast Stranding Coordinator for identification/matching to bottlenose dolphins in the Mid-Atlantic Bottlenose Dolphin Photo-identification Catalog.

On the NEFOP Observer Training cruises, acoustic pingers and weak links are used on all gill nets consistent with the Harbor Porpoise Take Reduction Plan regulations at (50 CFR 229.33) for commercial fisheries to reduce marine mammal bycatch. Under the Harbor Porpoise Take Reduction Plan, gillnet gear used in specific areas during specific times are required to be equipped with pingers. We discuss the use of pingers and their acoustic characteristics later within the subsection titled “Cooperative Research

Visual Monitoring and Operational Protocols, Acoustic Deterrent Devices.”

All NEFOP protocols concerning monitoring and reporting protected species interactions are followed as per the current NEFOP Observer Manual (available on the Internet at

http://www.nefsc.noaa.gov/fsb/manuals/2013/NEFSC_Observer_Program_Manual.pdf

). The soak duration time is 12 to 24 hours. Communication with the NEFOP Training Lead and the vessel captain occurs within 24 to 48 hours prior to setting of gear. During these communications, the NEFOP Training Lead and Captain decide when to set the gear, specifically taking into account any possible weather delays to avoid a long soak period. They do not deploy the gear if a significant weather delay is expected that would increase the preferred soak duration to greater than 24 hours. In those situations, the gear set times will be delayed.

Fyke Net Visual Monitoring and Operational Protocols

Visual monitoring

—Fyke nets are normally set inshore by small boat crews, who will visually survey areas prior to deploying the nets. Monitoring is done prior to setting and during net retrieval which is is conducted every 12 to 24-. If marine mammals are in close proximity (approximately 100 m) of the setting location, the field team will make a determination if the set location needs to be moved. If marine mammals are observed to interact with the gear during the setting, the crew will lift and remove the gear from the water.

Operational procedures

—A 2-m fyke net will be deployed with a marine mammal excluder device that reduces the effective mouth opening to less than 15 cm. The 1-m fyke net does not require an excluder device as the opening is 12 cm. These small openings will prevent marine mammals from entering the nets.

Beach Seine Visual Monitoring and Operational Protocols

Visual monitoring

—Prior to setting the seine nets, researchers would visually survey the area for marine mammals. They would also observe for marine mammals continuously during sampling.

Operational procedures

—Seines are deployed with one end held on shore by a crew member and the net slowly deployed by boat in an arc and then retrieved by pulling both ends onto shore. Typical seine hauls are less than 15 min with the resulting catch sampled and released. Scientists would look as far as field of view permits from the beach in the general sampling area before the net is fished and would not deploy if marine mammals are present. If marine mammals are observed to be interacting with the gear, it will be lifted and removed from the water.

Rotary Screw Trap Visual Monitoring and Operational Protocols

Visual monitoring

—Sites are visually surveyed for marine mammals prior to submerging the gear in the water channel. The traps remain in the water for an extended period of time and sampling crews tend the traps on a daily basis. The researchers would modify, delay, or conclude the sampling period depending on the numbers of marine mammals nearby and their potential for interacting with the gear as determined by the professional judgment of the researchers.

Operational procedures

—Under most conditions the live car (

i.e.,

catch holding pen) is about 75 percent full of water, which would allow any trapped mammals to breath until release from the trap. RST tending schedules are adjusted according to conditions of the river/estuary and threats to protected species (

i.e.,

presence of ESA-listed fish or marine mammals in the area). If capture occurs, animal is temporarily retained in live tank and released as soon as possible.

Cooperative Research Visual Monitoring and Operational Protocols

The mitigation requirements described earlier are applicable to commercial fishing vessels engaged in NEFSC cooperative research using trawls, dredges, longline, and gillnet gears.

These commercial fishing vessels are significantly smaller than the NOAA vessels and depending on their size and configuration, marine mammal sighting may be difficult to make during all aspects of fishing operations. Further, scientific personnel are normally restricted from the deck during gear setting and haulback operations. For all vessel size classes, it is unlikely that the individual(s) searching for marine mammals will have unrestricted 360 degree visibility around the vessel. However, observations during approach to a fishing station and during gear setting and haulback may be feasible and practicable from the wheelhouse.

These projects will also comply with the TRP mitigation measures and gear requirements specified for their respective fisheries and areas (

e.g.,

pingers, sinking groundlines, and weak links on gillnet gear).

The NEFSC will review all NEFSC-affiliated research instructions and protocols for avoiding adverse interactions with protected species. If those instructions/protocols are not fully consistent with NEFOP training materials and guidance on decision-making that arises from NEFSC protected species training, the NEFSC will incorporate specific language into its contracts and agreements with NEFSC-affiliated research partners requiring adherence to all required training requirements, operating procedures, and reporting requirements for protected species.

Visual monitoring

—Commercial fishing vessels are significantly smaller than the NOAA white boats, and depending on their size and configuration, marine mammal sighting may be difficult to make during all aspects of fishing operations. Also, scientific personnel are normally restricted from the deck during gear setting and haulback operations. However, observations during approach to a fishing station, and during gear setting and haulback may be feasible from the wheelhouse.

Operational procedures

—For the Apex Predators Bottom Longline Coastal Shark and COASTSPAN longline and gillnet surveys, NEFSC partners would implement the Move-on-Rule. During the soak, the line is run and if any marine mammals are sighted the line is pulled immediately. On COASTSPAN gillnet surveys, gillnets are continuously monitored during the 3-hour soak time by under-running it, pulling it across the boat while leaving the net ends anchored. All animals, algae and other objects are removed with each pass as the net is reset into the water to minimize bycatch mortality.

Acoustic deterrent devices

—NEFSC-affiliated cooperative research projects involving commercial vessels and gear, as well as the NEFOP Observer Training Gillnet Surveys currently deploy acoustic pingers on anchored sinking gillnets in areas where they are required by commercial fisheries to comply with requirements in the Harbor Porpoise Take Reduction Plan (50 CFR 229.33). A pinger is an acoustic deterrent device which, when immersed in water, broadcasts a 10 kHz (±2 kHz) sound at 132 dB (±4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds (±15 milliseconds), and repeating every 4 seconds (±.2 seconds).

Acoustic deterrent devices (pingers) are underwater sound-emitting devices that have been shown to decrease the probability of interactions with certain species of marine mammals when fishing gear is fitted with the devices. 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 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 contrast to the findings of Barlow and Cameron (2003), they report no significant difference in pinniped bycatch.

To be effective, a pinger must emit a signal that is sufficiently aversive to deter the species of concern, which requires that the signal is perceived while also deterring investigation. In rare cases, aversion may be learned as a warning when an animal has survived interaction with gear fitted with pingers (Dawson, 1994). The mechanisms by which pingers work in operational settings are not fully understood, but field trials and captive studies have shown that sounds produced by pingers are aversive to harbor porpoises (

e.g.,

Laake

et al.,

1998; Kastelein

et al.,

2000; Culik

et al.,

2001), and it is assumed that when marine mammals are deterred from interacting with gear fitted with pingers that it is because the sounds produced by the devices are aversive. 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; Carlstrom

et al.,

2009) and the “dinner bell effect” (Dawson, 1994; Richardson

et al.,

1995), which implies that certain predatory marine mammal species (

e.g.,

sea lions) may come to associate pingers with a food source (

e.g.,

fish caught in nets) with the resul

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