Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southeast Fisheries Science Center and Texas Parks and Wildlife Department Fisheries Research

Federal RegisterFeb 27, 2019

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 219

[Docket No. 161109999-8999-01]

RIN 0648-BG44

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southeast Fisheries Science Center and Texas Parks and Wildlife Department Fisheries Research

AGENCY:

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

ACTION:

Proposed rule; request for comments.

SUMMARY:

NMFS' Office of Protected Resources has received a request from NMFS' Southeast Fisheries Science Center (SEFSC) for authorization to take marine mammals incidental to fisheries research conducted in the Atlantic Ocean along the southeastern U.S. coast and select estuaries, the Gulf of Mexico and select estuaries, and the Caribbean Sea over the course of five years from the date of issuance. We have also received a request from the Texas Parks and Wildlife Department (TPWD) for authorization to take marine mammals incidental to fisheries research in Texas bay systems. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue regulations to the SEFSC and, separately, TPWD, to incidentally take marine mammals during the specified activities. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.

DATES:

Comments and information must be received no later than March 29, 2019.

ADDRESSES:

You may submit comments on this document, identified by NOAA-NMFS-2019-0016, by any of the following methods:

•

Electronic submission:

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

www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0016,

click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

•

Mail:

Submit written comments to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.

Instructions:

Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on

www.regulations.gov

without change. All personal identifying information (

e.g.,

name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT:

Jaclyn Daly, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at:

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

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

SUPPLEMENTARY INFORMATION:

Purpose and Need for Regulatory Action

This proposed rule, to be issued under the authority of the MMPA (16 U.S.C. 1361

et seq.

), establishes a framework for authorizing the take of marine mammals incidental to fisheries-independent research conducted by the SEFSC (in the Atlantic Ocean and associated estuaries, Gulf of Mexico and associated estuaries, and Caribbean Sea) and TPWD (in Texas bays and estuaries). SEFSC and TPWD fisheries research has the potential to take marine mammals due to possible physical interaction with fishing gear (

e.g.,

trawls, gillnets, hook-and-line gear) andexposure to noise generated by SEFSC sonar devices (

e.g.,

echosounders, side-scan sonar). The SEFSC submitted an application to NMFS requesting five-year regulations and a letter of authorization (LOA) to take multiple species and stocks of marine mammals in the three specified research areas (Atlantic, Gulf of Mexico, and Caribbean). The SEFSC has requested take, by mortality, serious injury, and Level A harassment, incidental to the use of various types of fisheries research gear and Level B harassment incidental to the use of active acoustic survey sources. TPWD has requested take of dolphins from four stocks, by mortality or serious injury, incidental to gillnet fishing in Texas bays. For both applicants, the regulations would be valid from 2018 to 2023.

Legal Authority for the Proposed Action

Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs the Secretary of Commerce to allow, upon request, the incidental, but not intentional taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region for up to five years if, after notice and public comment, the agency makes certain findings and issues regulations that set forth permissible methods of taking pursuant to that activity, as well as monitoring and reporting requirements.

Section 101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR part 216, subpart I provide the legal basis for issuing this proposed rule containing five-year regulations and Letters of Authorization. As directed by this legal authority, this proposed rule contains mitigation, monitoring, and reporting requirements.

Summary of Major Provisions Within the Proposed Regulations

Following is a summary of the major provisions for the SEFSC within the proposed rulemaking. The SEFSC is required to:

• Delay setting or haul in gear if marine mammal interaction may occur.

• Monitor prior to and during sets for signs of potential marine mammal interaction.

• Implement the “move-on rule” mitigation strategy during select surveys (note: this measure does not apply to bottlenose dolphins).

• Limit gear set times (varies based on gear type).

• Haul gear immediately if marine mammals may interact with gear.

• Utilize dedicated marine mammal observations during select surveys.

• Prohibit chumming.

• Continue investigation on the effectiveness of modifying lazy lines to reduce bottlenose dolphin entanglement risk.

• Establish and convene the South Carolina Department of Natural Resources (SCDNR) Working Group to better understand bottlenose dolphin entanglement events and apply effective mitigation strategies.

Following is a summary of the major provisions for the TPWD within the proposed rulemaking. The TPWD is required to:

• Set only new or fully repaired gill nets thereby eliminating holes.

• Set gillnets with minimal slack and a short marker buoy attached to the deep end of the net.

• Conduct dedicated marine mammal observations at least 15 minutes prior to setting nets and avoid setting nets if dolphins are observed at or approaching the sampling station.

• Minimize soak time by utilizing the “last out/first in” strategy for gillnets set in grids where marine mammals have been encountered within the last 5 years.

• Avoid fishing grids where dolphins have interacted with gear on more than one occasion or where multiple adjacent grids have had at least one dolphin encounter.

• Modify gillnets to avoid more than a 4 inch (in.) gap between float/lead line and net when net is set.

Background

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

et seq.

) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

An authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth.

NMFS has defined “negligible impact” in 50 CFR 216.103 as an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term “take” means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal.

Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

National Environmental Policy Act

To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321

et seq.

) and NOAA Administrative Order (NAO) 216-6A, NMFS must review our proposed action (

i.e.,

the issuance of an incidental harassment authorization) with respect to potential impacts on the human environment.

Accordingly, NMFS is preparing an Environmental Assessment (EA) to consider the environmental impacts associated with the issuance of the proposed regulations to SEFSC and TPWD. NMFS'

Draft Programmatic Environmental Assessment (PEA) for Fisheries and Ecosystem Research Conducted and Funded by the Southeast Fisheries Science Center

was made available for public comment from April 20 through May 20, 2016 (81 FR 23276). NMFS is modifying the draft EA to include TPWD gillnet fishing. We will review all comments submitted in response to this notice as we complete the NEPA process, prior to making a final decision on the incidental take authorization request.

Summary of Request

On May 4, 2015, NMFS Office of Protected Resources (OPR) received an application from the SEFSC for a rulemaking and associated 5-year Letter of Authorization (LOA) to take marine mammals incidental to fisheries research activities conducted by the SEFSC and 18 cooperating research partners in the Atlantic Ocean Research Area (ARA), Gulf of Mexico Research Area (GOMRA), and Caribbean Research Area (CRA). The SEFSC submitted a revised draft in October 2015, followed by another revision on April 6, 2016, which we deemed adequate and complete. On April 22, 2016 (81 FR 23677), we published a notice of receipt of the SEFSC's application in the

Federal Register

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

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

. The SEFSC request is for the take of 15 species of marine mammals by mortality, serious injury, and Level A harassment (hereafter referred as “M/SI” assuming worst case scenario) and 34 species of marine mammals by Level B harassment.

On July 29, 2015, NMFS received an application from TPWD requesting authorization for take of marine mammals incidental to fishery-independent monitoring activities in Texas. On January 6, 2017 (82 FR 1721), we published a notice of receipt of the TPWD's application in the

Federal Register

, requesting comments and information related to the TPWD's request for thirty days. We received comments from the Marine Mammal Commission and the Texas Chapter of the Coastal Conservation Association which we considered in the development of this proposed rule and are available on the internet at:

https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act

. In response to comments, TPWD submitted a subsequent application on May 11, 2017, which we deemed adequate and complete.

Description of the Specified Activity

SEFSC Overview

The SEFSC is the research arm of NMFS in the Southeast Region. The SEFSC plans, develops, and manages a multidisciplinary program of basic and applied research to generate the information necessary for the conservation and management of the region's living marine resources, including the region's marine and anadromous fish and invertebrate populations to ensure they remain at sustainable and healthy levels. The SEFSC collects a wide array of information necessary to evaluate the status of exploited fishery resources and the marine environment from fishery independent (

i.e.,

non-commercial or recreational fishing) platforms. Surveys are conducted from NOAA-owned and operated vessels, NOAA chartered vessels, or research partner-owned or chartered vessels in the state and Federal waters of the Atlantic Ocean south of Virginia, Gulf of Mexico, and Caribbean Sea. All work will occur within the Exclusive Economic Zone (EEZ) except two surveys which may occur outside the EEZ.

The SEFSC plans to administer, fund, or conduct 74 fishery-independent survey programs over the five-year period the proposed regulations would be effective (see Table 1-1 in the SEFSC's application). The SEFSC works with 18 Federal, state, or academic partners to conduct these surveys (see

Table 1-1 in SEFSC's application for a list of cooperating research partners). Of the 74 surveys, only 38 involve gear and equipment with the potential to take marine mammals. Gear types include towed trawl nets fished at various levels in the water column, seine nets, traps, longline and other hook and line gear. Surveys using any type of seine net (

e.g.,

gillnets), trawl net, or hook and line (

e.g.,

longlines) have the potential for marine mammal interaction (

e.g.,

entanglement, hooking) resulting in M/SI harassment. In addition, the SEFSC conducts hydrographic, oceanographic, and meteorological sampling concurrent with many of these surveys which requires the use of active acoustic devices (

e.g.,

side-scan sonar, echosounders). These active sonars result in elevated sound levels in the water column, resulting in the potential to behaviorally disturb marine mammals resulting in Level B harassment.

Many SEFSC surveys only occur at certain times of the year to align with the target species and age class being researched (see Table 1-1 in SEFSC's application); however, in general, the SEFSC conducts some type of sampling year round in various locations. Specific dates and duration of individual surveys are inherently uncertain because they are based on congressional funding levels, weather conditions, and ship contingencies. For example, some surveys are only conducted every two or three years or when funding is available. Timing of the surveys is a key element of their design. Oceanic and atmospheric conditions, as well as ship contingencies, often dictate survey schedules even for routinely-conducted surveys. In addition, cooperative research is designed to provide flexibility on a yearly basis in order to address issues as they arise. Some cooperative research projects last multiple years or may continue with modifications. Other projects only last one year and are not continued. Most cooperative research projects go through an annual competitive selection process to determine which projects should be funded based on proposals developed by many independent researchers and fishing industry participants. The exact location of survey effort also varies year to year (albeit in the same general area) because they are often based on randomized sampling designs. Year-round, in all research areas, there is one or more than one survey planned that has the potential to take marine mammals.

TPWD Overview

TPWD conducts a long-term standardized fishery-independent monitoring program to assess the relative abundance and size of finfish and shellfish in ten Texas bay systems using gillnets set perpendicular to the shoreline. Gill nets are set overnight during each spring and fall season for a total of four weeks per year. Bottlenose dolphins have the potential to become entangled in gillnet gear which can result in M/SI harassment.

Specified Geographic Region—SEFSC

The SEFSC conducts research in three research areas: The Atlantic Ocean from North Carolina to Florida and associated estuaries (ARA), the Gulf of Mexico and associated estuaries (GOMRA), and the Caribbean around Puerto Rico and the US Virgin Islands (CRA). Research surveys occur both inside and outside the U.S. Exclusive Economic Zone (EEZ), and sometimes span across multiple ecological, physical, and political boundaries (see Figure1-2 in the SEFSC's application for map). With respect to gear, Appendix B in the SEFSC Draft Programmatic Environmental Assessment (PEA) includes a table and figures showing the spatial and temporal distribution of fishing gears used during SEFSC research.

The three research areas fully or partially encompass four Large Marine Ecosystems (LMEs): The Northeast U.S. Continental Shelf LME (NE LME), the Southeast U.S. Continental Shelf LME (SE LME), the Gulf of Mexico LME, (GOM LME), and the Caribbean Sea LME (CS LME). LMEs are large areas of coastal ocean space, generally include greater than 200,000 square kilometers (km

2

) of ocean surface area and are located in coastal waters where primary productivity is typically higher than in open ocean areas. LME physical boundaries are based on four ecological criteria: bathymetry, hydrography, productivity, and trophic relationships. NOAA has implemented a management approach designed to improve the long-term sustainability of LMEs and their resources by using practices that focus on ensuring the sustainability of the productive potential for ecosystem goods and services. Figure 2-1 in the SEFSC's application shows the location and boundaries of the three research areas with respect to LME boundaries. We note here that, while the SEFSC specified geographical region extends outside of the U.S. EEZ, into the Mexican EEZ (not including Mexican territorial waters), the MMPA's authority does not extend into foreign territorial waters. The following provides a brief introduction to the characteristics of each research area. Additional descriptive material concerning the geology, oceanography, and physical environment influencing species distribution within each of the research areas can be found in Chapter 3 of the Draft PEA.

Atlantic Research Area

The ARA constitutes more than 530,000 square miles (mi

2

) from North Carolina to Florida. Three key features of the ARA include the NE LME (however SEFSC research is only conducted south of Virginia), SE LME, and Gulf Stream. The NE LME encompasses approximately 115,831 mi

2

, and is structurally complex, with marked temperature changes, winds, river runoff, estuarine exchanges, tides and complex circulation regimes. The Shelf-Slope Front is associated with a southward flow of cold, fresh water from the Labrador Sea. The Mid-Shelf Front follows the 50-m isobath (Ullman and Cornillon 1999). The Nantucket Shoals Front hugs the namesake bank/shaols along 20-30-m isobaths. The Wilkinson Basin Front and Jordan Basin Front separate deep basins from Georges Bank and Browns Bank (Mavor and Bisagni 2001). The SE LME extends from the Straits of Florida to Cape Hatteras, North Carolina in the Atlantic Ocean. It is characterized by a temperate climate and has a surface area of about 300,000 km

2

, of which 2.44 percent is protected. It contains 0.27 percent of the world's coral reefs and 18 estuaries and river systems. These estuarine and river systems, such as the Albemarle-Pamlico Sound (the second largest estuary in the nation) contain nearshore and barrier islands, fresh and estuarine waters, and extensive coastal marshes that provide unique habitats for living marine resources, including marine mammals (Aquarone 2009). Adjacent to the SE LME is the warm, saline, northward flowing Gulf Stream which is bounded by two fronts; the inshore Gulf Stream Front and the offshore Gulf Stream Front (see Figure 2-2). The inshore Gulf Stream Front extends over the upper continental slope and shelf break, approximately aligned with the 50-meter isobath (Atkinson and Menzel 1985), while the offshore Gulf Stream Front runs parallel to it approximately 100 kilometers offshore. The Gulf Stream forms a semi-permanent offshore deflection near a deepwater bank southeast of Charleston, South Carolina, called the `Charleston Bump' at 31.5 degrees north. The Mid-Shelf Front is aligned approximately with the 35-to-40 meter isobaths. Other shelf fronts separate a mixture of water masses formed by wintertime cold air outbreaks, river discharge, tidal mixing and wind-induced coastal upwelling

(Pietrafesa et al. 1985, Belkin et al. 2009).

Gulf of Mexico Research Area

The GOMRA encompasses more than 800,000 mi

2

. The SEFSC conducts fisheries research in portions of the GOM LME, a deep marginal sea bordered by Cuba, Mexico, and the U.S. It is the largest semi-enclosed coastal sea of the western Atlantic, encompassing more than 1.5 million km

2

, of which 1.57 percent is protected, as well as 0.49 percent of the world's coral reefs and 0.02 percent of the world's sea mounts (Sea Around Us 2007). The continental shelf is very extensive, comprising about 30 percent of the total area and is topographically very diverse (Heileman and Rabalais 2009). Oceanic water enters this LME from the Yucatan channel and exits through the Straits of Florida, creating the Loop Current, a major oceanographic feature and part of the Gulf Stream System (Lohrenz et al. 1999) (see Figure 2-4). The LME is strongly influenced by freshwater input from rivers, particularly the Mississippi-Atchafalaya, which accounts for about two-thirds of the flows into the Gulf (Richards & McGowan 1989) while freshwater discharges from the Mississippi River estuary and rivers of the Florida Panhandle contribute to the development and maintenance of 6 major oceanic fronts. Similar to the ARA, the GOMRA includes forty-seven major estuaries, many of which support numerous recreational and commercial fisheries and are home to resident bottlenose dolphin stocks.

Caribbean Research Area

The CRA is the smallest of the SEFSC research areas (approximately 400,000 mi

2

) and includes portions of the CS LME. The CS LME is a tropic sea bounded by North America (South Florida), Central and South America, and the Antilles chain of islands. The LME has a surface area of about 3.3 million km

2

, of which 3.89 percent is protected (Heileman and Mahon 2009). It contains 7.09 percent of the world's coral reefs and 1.35 percent of the world's sea mounts. The average depth is 2,200 meters, with the Cayman Trench being the deepest part at 7,100 meters. Most of the Caribbean islands are influenced by the nutrient-poor North Equatorial Current that enters the Caribbean Sea through the passages between the Lesser Antilles islands. Run-off from two of the largest river systems in the world, the Amazon and the Orinoco, as well as numerous other large rivers, dominates the north coast of South America (Muller-Karger 1993). Unlike the ARA and GOMRA, the SEFSC does not conduct research in estuarine waters within the CRA.

TPWD Specified Geographic Area

TPWD conducts fisheries research using gillnets in ten Texas bay systems: Laguna Madre, Corpus Christi Bay, Aransas Bay, San Antonio Bay, Matagorda Bay, East Matagorda Bay, Cedar Lakes, West Bay, Galveston Bay, and Sabine Lake (see Figure 1 and 2 in TPWD's application). These systems are wide and shallow with little tidal elevation change.

Detailed Description of Activities

SEFSC

The Federal government has a trust responsibility to protect living marine resources in waters of the U.S., also referred to as Federal waters. These waters generally lie 3 to 200 nautical miles (nm) from the shoreline. Those waters 3-12 nm offshore comprise territorial waters and those 12-to-200 nm offshore comprise the Exclusive Economic Zone (EEZ), except where other nations have adjacent territorial claims. NOAA also conducts research to foster resource protection in state waters (

i.e.,

estuaries and oceanic waters with 3 nm of shore). The U.S. government has also entered into a number of international agreements and treaties related to the management of living marine resources in international waters outside of the U.S. EEZ (

i.e.,

the high seas). To carry out its responsibilities over Federal and international waters, Congress has enacted several statutes authorizing certain Federal agencies to administer programs to manage and protect living marine resources. Among these Federal agencies, NOAA has the primary responsibility for protecting marine finfish and shellfish species and their habitats. Within NOAA, NMFS has been delegated primary responsibility for the science-based management, conservation, and protection of living marine resources.

The SEFSC conducts multi-disciplinary research programs to provide management information to support national and regional programs of NMFS and to respond to the needs of Regional Fishery Management Councils (FMCs), interstate and international fishery commissions, Fishery Development Foundations, government agencies, and the general public. SEFSC develops the scientific information required for fishery resource conservation, fishery development and utilization, habitat conservation, and protection of marine mammals and endangered marine species. Research is pursued to address specific needs in population dynamics, fishery biology and economics, engineering and gear development, and protected species biology. Specifically, research includes monitoring fish stock recruitment, abundance, survival and biological rates, geographic distribution of species and stocks, ecosystem process changes, and marine ecological research.

To carry out this research, the SEFSC proposes to administer or conduct 74 survey programs during the 5-year period the proposed regulations would be effective; however, only 44 surveys have the potential to take marine mammals from gear interaction or acoustic harassment. Surveys would be carried out by SEFSC scientists alone or in combination with Federal, state, or academic partners while some surveys would be carried out solely by cooperating research partners. Surveys not conducted by SEFSC staff are included here because they are funded or have received other support (

e.g.,

gear) by the SEFSC. SEFSC scientists conduct fishery-independent research onboard NOAA-owned and operated vessels or chartered vessels while partners conduct research aboard NOAA, their own or chartered vessels. Table 1 provides a summary of annual projects including survey name, entity conducting the survey, location, gear type, and effort. The information presented here augments the more detailed table included in the SEFSC's application. In the subsequent section, we describe relevant active acoustic devices, which are commonly used in SEFSC survey activities. Appendix A of the SEFSC's application contains detailed descriptions, pictures, and diagrams of all research gear and vessels used by the SEFSC and partners under this proposed rulemaking.

Table 1—Summary Description of Fisheries and Ecosystem Research Activities Conducted or Funded by the SEFSC in the GOMRA, ARA, and CRA

Survey name

(research agency)

General area of

operation

Season, frequency,

yearly days at sea

(DAS)

Vessel used

Gear used

Number of stations

Gulf of Mexico Research Area

HMS—GOM Shark Pupping & Nursery Survey (GULFSPAN), (SEFSC, USM/GCRL, UWF, FSU/CML)

1

* UWF is inactive

SEFSC—FL Panhandle in St. Andrew Bay and St. Joseph Bay, 1-10 m depths

Annual Apr-Oct, 30 DAS, (approximately 4 days/month), daytime operations only

USCG Class I: R/V

Mokarran,

R/V Pristis

Set gillnet

SEFSC—16-20 sets/month, up to 120 sets total.

Mississippi Sound, 1-9 m depths

Annual Apr-Oct, 8 DAS (1/month), daytime operations only

USCG Class I:

Small vessel

Set gillnet

3 sets/month, 21 sets total.

Perdido Bay, Pensacola Bay, Choctawhatchee Bay, and Santa Rosa Sound, 1.5-6 m depths

Annual May-Sep, 10 DAS (2/month), daytime operations only

USCG Class I: State vessel

Set gillnet

10 sets/month, 50 sets total.

Northwest FL state waters, 0.7-7 m depths

Annual

USCG Class I: R/V

Naucrates

Set gillnet

74 sets/yr total.

(A) Apalachee Bay

(A) Jan-Dec, 12 DAS (1/month)

(A) 24 sets.

(B) Alligator Pt.-Anclote Keys

(B) June & July, 20 DAS, daytime operations only

Bottom longline

(B) 50 sets.

74 sets/yr total.

(A) 24 total.

(B) 50 total.

State waters of southwest FL within Pine Island Sound in the Charlotte Harbor estuary. Depth ranges 0.6-4.6 m depth.

Annual May-Sep, 15 DAS, daytime operations only

USCG Class I: State vessel

Set gillnet

16 sets/month (within two designated 10 km

2

grids), 80 sets total.

IJA Coastal Finfish Gillnet Survey, (MDMR)

1

Mississippi Sound and estuaries; 0.2-2 m depths

Annual, Jan-Dec, 24 DAS, daytime operations only

USCG Class I:

Small vessel

Sinking gillnet, shallow deployment

8 sets/month, 96 sets total.

Smalltooth Sawfish Abundance Survey, (SEFSC)

1

Ten Thousand Islands, FL backcountry region, including areas in Everglades National Park and Ten Thousand Island National Wildlife Refuge in 0.2-1.0 m depths.

Annual, Mar-Nov, 56 DAS (6-7 DAS/trip), daytime operations only

USCG Class I: R/V

Pristis

Set gillnet, shallow deployment

~20 sets/month, 180-200 sets total.

Pelagic Longline Survey—GOM, (SEFSC)

1

U.S. GOM

Intermittent, Feb-May, 30 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Oregon II

Pelagic longline

CTD profiler

100-125 sets.

100-125 casts.

Shark and Red Snapper Bottom Longline Survey-GOM, (SEFSC)

1

Randomly selected sites from FL to Brownsville, TX between bottom depths 9-366 m

Annually, July-Sep, 60 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Oregon II, R/V Gordon Gunter;

USCG Small R/V: R/V

Caretta,

R/V

Gandy

Bottom longline

CTD profiler and rosette water sampler

175 sets

175 casts.

SEAMAP—GOM Bottom Longline Survey, (ADCNR, USM-GCRL, LDWF, TPWD)

1

AL—MS Sound, Mobile Bay, and near Dauphin Island

MS—MS Sound, south of the MS Barrier Islands, Chandeleur, and Breton Sound, and the area east of the Chandeleur Islands.

LA—LA waters west of the MS River

TX—near Aransas Pass and Bolivar Roads Ship Channel

Annually, Apr-May, June-July, Aug-Sep

AL—8 DAS, day operations only

MS—16 DAS, day operations only

LA—30 DAS, day operations only

TX—10 DAS, day operations only

USCG Class III: R/V

E.O. Wilson,

R/V

Alabama Discovery,

R/V

Defender I,

R/V

Tom McIlwain,

RV

Jim Franks,

R/V

Nueces,

R/V

SanJacinto

USCG R/V: R/V

Blazing Seven

(2011-2014)

Bottom longline

CTD Profiler

Water quality and chemistry (YSI instruments, Niskin bottles, turbidity meter)

AL—32 sets.

MS—40.

LA—98.

TX—20.

AL—32 casts.

LA—40.

MS—40 casts.

TX—20.

IJA Biloxi Bay Beam Trawl Survey, (MDMR)

1

MS state waters in Biloxi Bay, 1-5 ft depths

Annually, Jan-Dec, 25 DAS, day operations only

USCG Class I: R/V

Grav I,

R/V

Grav II,

R/V

Grav IV

Modified beam trawl

11 trawls/month, 132 trawls total.

IJA Inshore Finfish Trawl Survey, (MDMR)

1

MS state waters from Bay St. Louis, to approximately 2 miles south Cat Island, 5-25 ft depths

Annually, Jan-Dec, 12 DAS, day operations only

USCG Class I: small vessel R/V

Geoship

Otter trawl

72 trawls.

IJA Open Bay Shellfish Trawl Survey, (TPWD)

1

TX state waters in Galveston, Matagorda, Aransas, and Corpus Christi Bays and the lower Laguna Madre, 3-30 ft depths

Annually, Jan-Dec, 120 DAS, day operations only

USCG Class I: small vessel

USCG Class II: R/V

Trinity Bay,

R/V

Copano Bay,

R/V

RJ Kemp

Otter trawl

Water quality and chemistry (YSI instruments, Niskin bottles, turbidity meter)

90 trawls/month, 1080 trawls total.

Oceanic Deep-water Trawl—GOM, (SEFSC)

1

U.S. GOM waters >500 m deep

Intermittent due to funding, 20 DAS, 24 hour operations

* conducted in 2009 & 2010 and in the future as funding allows.

USCG R/V: R/V

Gunter,

R/V

Pisces

High Speed Midwater Trawl, Aleutian Wing Trawl

CTD profiler and rosette water sampler

60 trawls (2-3 per day).

60 casts.

Tow speed: 0.

Duration: 60-90 min.

St. Andrew Bay Juvenile Reef Fish Trawl Survey, (SEFSC)

1

St. Andrew Bay, FL, up to 2 m depths

Annually, May-Nov, 28 DAS, day operations only, (one day/week)

USCG Class I: Boston Whaler

Benthic Trawl

13 trawls per week, 24 weeks, 312 trawls total.

Small Pelagics Trawl Survey, (SEFSC)

1

U.S. GOM in depths of 50-500 m

Annually, Oct-Nov, 40 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Gordon Gunter,

R/V

Pisces

High-opening bottom trawl

150-200 trawls.

Simrad ME70 Multi-Beam echosounder

Continuous.

EK60 Multi-frequency single-beam active acoustics

Continuous.

ADCP

Continuous.

CTD profiler and rosette water sampler

250 casts.

SEAMAP-GOM Shrimp/Groundfish Trawl Survey, (SEFSC, FFWCC, ADCNR, USM/GCRL, LDWF)

1

U.S. GOM from FL to Mexico in depths of 30-360 ft

Annually, summer (June & July) and fall (Oct-Nov), effort evenly divided between seasons unless noted; all surveys have 24 hour operations-set/haul anytime day or night.

SEFSC—80 DAS

FL—20 DAS (summer only)

AL—6 DAS

MS—6 DAS

LA—5 DAS

USCG Class II: R/V

Trinity Bay,

R/V

Copano Bay,

R/V

RJ Kemp

USCG Class III: R/V

A.E. Verrill,

R/V

Alabama Discovery,

R/V

Sabine Lake,

R/V

Nueces,

R/V

San Jacinto,

R/V

San Antonio,

R/V

Matagorda Bay

USCG R/V: R/V

Oregon II,

R/V

Tommy Munro,

R/V

Weatherbird II,

R/V

Pelican,

R/V

Blazing Seven

(2011-2014), R/V

Point Sur

Otter trawl

CTD profiler and rosette water sampler TPWD uses YSI Datasonde 6600 v2-4

Effort evenly divided between seasons unless noted.

SEFSC—345 trawls (summer), 325 (fall).

FL—160 (summer only).

AL—16-24.

MS—60.

LA—32.

SEFSC—395 casts (summer), 305 (fall).

FL—200 (summer only).

AL—20.

MS—81.

LA—39.

SEFSC BRD Evaluations, (SEFSC)

1

State and Federal nearshore and offshore waters off FL, AL, MS, and LA at depths of 10-35 m. Also Mississippi Sound at depths of 3-6 m.

Annually, May & Aug (one week/month), 14 DAS, night operations only

USCG Class III: R/V

Caretta

Western jib shrimp trawls

20 paired trawls each season, 40 paired trawls total.

SEFSC-GOM TED Evaluations, (SEFSC)

1

State and Federal nearshore and offshore waters off FL, AL, MS, and LA at depths of 10-35 m. Also Mississippi Sound at depths of 3-6 m.

Annually, May, Aug, & Sep (one week/month), 21 DAS, day operations only

USCG Class I & II: NOAA small boats

USCG Class III: R/V

Caretta

Western jib shrimp trawls

30 paired trawls per season, 90 paired trawls total.

SEFSC Skimmer Trawl TED Testing, (SEFSC)

1

Conducted in Mississippi Sound, Chandeleur Sound, and Breton Sound at depths of 2-6 m.

Annually until 2016 (tentative depending on funding and need) May-Dec, 5-15 DAS/month, 60 DAS total, 24 hour operations-set/haul anytime day or night

USCG Class III: R/V

Caretta

Skimmer trawls

600 paired trawls.

SEFSC Small Turtle TED Testing and Gear Evaluations, (SEFSC)

1

State waters in St. Andrews Bay, FL and off Shell Island and/or Panama City Beach, FL at depths of 7-10 m

Annually , 21 DAS, day operations only

USCG Class III: R/V

Caretta

Western jib shrimp trawls are utilized during TED evaluations

100 paired trawls.

IJA Biloxi Bay Seine Survey, (MDMR)

1

MS state waters in Biloxi Bay, 1-5 ft depths

Annually, Jan-Dec, 25 DAS, day operations only

USCG Class I & II: R/V

Grav I,

R/V

Grav II,

R/V

Grav IV,

small vessel

Bag seine

11 sets/month, 132 sets total.

IJA Oyster Dredge Monitoring Survey, (MDMR)

MS state waters, at commercially important oyster reefs: Pass Christian Complex, Pass Marianne Reef, Telegraph Reef and St. Joe Reef, in 5-15 ft depths

Annually, Jan-Dec, 12 DAS, day operations only

USCG Class I: R/V

Rookie

USCG Class II: R/V

Silvership

Oyster dredge

38 tows.

IJA Shoreline Shellfish Bag Seine Survey, (TPWD)

1

TX state waters in Galveston, Matagorda, Aransas, and Corpus Christi Bays and the lower Laguna Madre, 0-6 ft depths

Annually, Jan-Dec, 120 DAS, day operations only

N/A

Bag seine

100 sets/month, 1200 total.

Marine Mammal and Ecosystem Assessment Survey-GOM, (SEFSC)

1

Northern GOM

Every three years, June-Sep, 60 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Gordon Gunter

CTD profiler and rosette water sampler

60 casts.

Expendable bathythermographs

300 units.

ADCP

Continuous.

Simrad ME70 Multi-Beam echosounder

Continuous.

EK60 Multi-frequency single-beam active acoustics

Continuous.

Passive acoustic arrays

Continuous.

Northeast GOM MPA Survey, (SEFSC)

*Currently Inactive

Madison-Swanson, Steamboat Lumps, and The Edges marine reserves on the West Florida Shelf

Annually, Feb-Mar, 60 DAS, day operations only

USCG Class III: R/V

Caretta

4-camera array

CTD Profiler

100—200 deployments

100—200 casts.

Panama City Laboratory Reef Fish (Trap/Video) Survey, (SEFSC)

Penscecola, FL to Cedar Key, FL

Annually, May-Sep, 40 DAS, day operations only

USCG Class II:

R/V Harold B,

USCG Class III:

R/V Caretta, R/V Defender, R/V Apalachee

4-camera array

Chevron fish trap outfitted with one GoPro video camera.

200 deployments.

100 sets.

CTD profiler

200 casts.

SEAMAP-GOM Finfish Vertical Line Survey, (ADCNR, LDWF, USM/GCRL)

State and Federal waters off Alabama at sampling depths from 60 to 500 ft and LA waters west of the Mississippi River across three depth strata (60-120 ft, 120-180 ft, and 180-360 ft) and selected areas of Texas at three depth strata (33-66 ft, 66-132 ft, and 132-495 ft). Stations are sampled during daylight hours

AL: Annually, two intervals: spring (Apr/May) and summer (July-Sep), 9 DAS, day operations only

LA and TX: Annually, April-Oct

USCG Class III: R/V

Escape,

R/V

Lady Ann,

R/V

Defender I

USCG R/V: R/V

Blazing Seven

(2011-2014),

Poseidon, Trident R/V Sabine, San Jacinto, San Antonio, Nueces, Laguna

Bandit gear

AL: 120 sets per season, 240 sets total.

LA: 100 sets total.

TX: 165 sets total.

State and Federal waters off MS. Sampling depths 5-55 fathoms.

Stations are sampled during daylight hours

Annually, Mar-Oct, 16 DAS (4 days/month), day operations only

USCG Class III: R/V

Jim Franks

Bandit gear

15 stations/season—45 stations total, 3 sets per station, 135 sets total.

SEAMAP-GOM Plankton Survey, (ADCNR, LDWF, USM/GCRL)

State and Federal waters off the coast of AL, MS, LA, and FL

AL: Annually, Aug-Sep, 2 DAS, day operations only

LA: Annually, June, Sep, 2 DAS, day operations only

MS: Annually, May and Sep, 4 DAS, 24 hour operations

USCG Class III: R/V

A.E. Verrill,

R/V

Alabama Discovery,

R/V

Acadiana

USCG R/V: R/V

Blazing Seven

(2011-2014), R/V

Point Sur;

R/V

Defender

Bongo net

Neuston net

CTD Profiler

AL: 6 tows.

LA: 9 tows.

MS: 20 tows.

AL: 6 tows.

LA: 9 tows.

MS/FL: 20 tows.

AL: 6 casts.

LA: 9 casts.

MS/FL: 20 casts.

SEAMAP-GOM Plankton Survey, (SEFSC)

Coastal, shelf and open ocean waters of the GOM

Annually, Feb-Mar (winter), 30 DAS;

Apr-May (spring), 60 DAS;

Aug-Sep (fall), 36 DAS

24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Oregon II,

R/V

Gordon Gunter,

R/V

Pisces

Bongo net

Neuston net

MOCNESS

Methot juvenile fish net

CTD profiler and rosette water sampler

650 tows.

650 tows.

378 tows.

126 tows.

756 casts.

SEAMAP-GOM Reef Fish Monitoring, (FFWCC)

West FL shelf from 26°N to Dry Tortugas, FL

Annual, July-Sep, 50 DAS, daylight hours

USCG Class I & II: R/V

No Frills,

R/V

Gulf Mariner,

R/V

Sonic,

R/V

Johnson,

chartered fishing vessels

USCG Small R/V: R/V

Bellows,

R/V

Apalachee

USCG R/V:

R/V Weatherbird

2-camera array

Chevron fish trap

CTD profiler

150 deployments.

300-450 sets.

300 casts.

SEAMAP-GOM Reef Fish Survey, (SEFSC)

Gulf-wide survey from Brownsville, TX to Key West, FL, in depths of 15-500 ft. Approximately 7.0% of this survey effort (458 stations) occurs within the Florida Garden Banks NMS

Annual, Apr-July, 60 DAS, 24 hour operations on large vessels (cameras, traps, bandit—daytime only), 12 hour operations on small vessels (daytime only)

USCG Class III: R/V

Caretta

, R/V

Gandy

USCG R/V: R/V

Pisces,

R/V

Oregon II

USCG R/V:

Southern Journey

NOAA Ship:

Gordon Hunter

4-camera array

Chevron trap (discontinued use in 2013)

CTD Profiler

Bandit Reels

Acoustic Doppler Current Profiler

Simrad ME70 Multi-beam echosounder

EK60 Multi-frequency single-beam active acoustics

400-600 deployments.

50-100 sets.

400-600 casts.

120 sets.

Continuous.

Continuous.

Continuous.

IJA Oyster Visual Monitoring Survey, (MDMR)

MS state waters, 5-15 ft depths

Annually, Sep/Oct to Apr/May of following year, 12 DAS, day operations only

USCG Class I & II: R/V

Silvership

, R/V

Rookie

SCUBA divers

~ 20 dives.

Reef Fish Visual Census Survey—Dry Tortugas, Flower Gardens (SEFSC)

Dry Tortugas area in the GOM, <33m deep

Biannually, May-Sept, 25 DAS, day operations only

USCG Class II & III: Chartered dive vessel

SCUBA divers with meter sticks, 30 cm rule and digital camera

300 stations (4 dives per station).

Tortugas Ecological Reserve Survey, (SEFSC) *

*Currently inactive since 2015.

Tortugas South Ecological Reserve, Florida Keys National Marine Sanctuary

Biannually, summer (June or July), 6 days, day and night 12 hour operations

*Survey has been discontinued since 2015

USCG Class II & III: Chartered vessel

SCUBA divers, transect tape, clipboards/pencils

16 stations, each station done 2-3 times.

Atlantic Research Area

ACFCMA American Eel Fyke Net Survey, (SCDNR)

Goose Creek Reservoir or the Cooper River, near Charleston, SC, 1-7 ft depths

Annually, Feb-Apr, 32 DAS, day operations only

USCG Class A: John Boat—no motor, walk/wade to work net

Fyke net

1 station per day, 40 collections total.

Thermometer

32 casts.

ACFCMA American Shad Drift Gillnet Survey, (SCDNR)

1

Santee, Edisto, Waccamaw, Combahee Rivers, SC

Annual, Jan-Apr, (2-3 trips/week), 40 DAS, day operations only

USCG Class I: R/V

Bateau

R/V

McKee Craft

Drift gillnet

4-5 sets/trip, 120 sets total.

RecFIN Red Drum Trammel Net Survey, (SCDNR)

Coastal estuaries and rivers of SC in depths of 6 ft or less along shoreline.

Annually, Jan-Dec, 120-144 DAS (14-18 days/month), day operations only

USCG Class I: Florida Mullet Skiffs

Trammel net

1000 sets/yr covering 225 stations/yr. Operates in 7-9 strata/month.

HMS Chesapeake Bay and Coastal Virginia Bottom Longline Shark Survey, (VIMS)

1

Chesapeake Bay and state and Federal waters off Virginia

Annually, May-Oct (5 days/month), 30 DAS, day operations only

USCG Class III: R/V

Bay Eagle

Bottom longline

Hydrolab MS5 Sonde

50 sets.

50 casts.

MARMAP Reef Fish Long Bottom Longline Survey, (SCDNR)

1

South Atlantic Bight (between 27°N and 34°N, but mostly off GA and SC). Sampling occurs in Federal waters. Depths from ~ 500 to 860 ft

Annually 1996-2012 *, Aug-Oct, 10-20 DAS, day operations only

*Halted in 2012 but will resume annually if funding obtained

USCG Small R/V: R/V

Lady Lisa

Bottom longline

CTD profiler

60 sets.

60 casts.

MARMAP/SEAMAP-SA Reef Fish Survey, (SCDNR)

1

*Inactive 2012-2014

South Atlantic Bight (between 27°N and 34°N)

Annually, year-round but primarily Apr-Oct, 70-120 DAS, day operations only

USCG R/V: R/V

Palmetto

Chevron fish trap outfitted with two cameras

600 sets.

Bottom longline

Bandit reels

CTD profiler

60 sets.

400 sets.

300 casts.

Pelagic Longline Survey-SA, (SEFSC)

1

(See also effort conducted in the GOMRA)

Cape Hatteras, NC to Cape Canaveral, FL

Intermittent, Feb-May, 30 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Oregon II

Pelagic Longline

CTD profiler

100-125 sets.

100-125 casts.

Shark and Red Snapper Bottom Longline Survey-SA, (SEFSC)

1

(See also effort conducted in the GOMRA)

Cape Hatteras, NC to Cape Canaveral, FL between bottom depths 9-183 m

Annually, July-Sep, 60 DAS, 24 hour operations (set/haul anytime day or night)

USCG Class III: R/V

Caretta

USCG R/V: R/V

Oregon II,

R/V

Gordon Gunter

Bottom longline

CTD profiler and rosette water sampler

Neuston and bongo effort if needed to augment SEAMAP plankton objectives

70 sets.

70 casts.

0-20 tows.

SEAMAP-SA Red Drum Bottom Longline Survey, (NCDEQ, SCDNR, GDNR)

1

NC: Pamlico Sound or in the nearshore waters of Ocracoke Inlet

SC: Estuaries out to 10 miles in Winyah Bay, Charleston Harbor, St. Helena Sound, and Port Royal Sound

GA: State and Federal waters off the coast of GA and NE FL, (~32°05′N latitude to the north, 29°20′N latitude to the south, 80°30′W longitude to the east, and the coastline to the west.)

Annually

NC: mid-July to mid-Oct (2 days/week for 12 weeks), 24 DAS, 12 hour operations, beginning at dusk

SC: Aug-Dec, day operations only 36 DAS

GA: Apr-Dec (6 days/month), 54 DAS, day operations only

USCG Class II: 26 ft outboard

USCG Class III: R/V

Marguerite,

R/V

Silver Crescent

Bottom longline

YSI (Dissolved oxygen, salinity, temperature)

NC: 75-100 sets total.

SC: 360 sets.

GA: 200-275 sets.

NC: 75-100 casts.

SC: 360 casts.

GA: 200-275 casts.

ACFCMA Ecological Monitoring Trawl Survey, (GDNR)

1

Georgia state waters out to three nm, 10-35 ft depths

Annually, Jan-Dec (7 days/month), 84 DAS, day operations only

USCG Class III: R/V

Anna

Otter trawl

42 trawls/month, 504 trawls total.

YSI 85 (Dissolved oxygen, salinity, temperature)

504 casts total.

ACFCMA Juvenile Stage Trawl Survey, (GDNR)

1

Creeks and rivers of three Georgia sound systems (Ossabaw, Altamaha, and St. Andrew)

Annually, Dec-Jan (3 days/month), 36 DAS, day operations only

USCG Class I: 19 ft Cape Horn; 25 ft Parker

Otter trawl

18 trawls/month, 216 trawls total.

YSI 85 (Dissolved oxygen, salinity, temperature)

216 casts total.

Atlantic Striped Bass Tagging Bottom Trawl Survey, (USFWS)

1

North of Cape Hatteras, NC, in state and Federal waters, 30-120 ft depths

Annually, Jan-Feb, 14 DAS, 24 hour operations (set/haul anytime day or night)

USCG R/V: R/V

Oregon II,

R/V

Cape Hatteras,

R/V

Savannah

65 ft high-opening bottom trawls

200-350 trawls.

Juvenile Sport Fish Trawl Monitoring in Florida Bay, (SEFSC)

1

Florida Bay, FL

Annually, May-Nov, 35 DAS, day operations only

USCG Class I: R/V

Batou

Otter trawl

−500 trawls.

Oceanic Deep-water Trawl Survey (SEFSC)

1

*Currently Inactive

Southeastern U.S. Atlantic waters >500 m deep

Intermittent due to funding, 20 DAS, 24 hour operations (trawls may be set and retrieved day or night),

*conducted as funding allows

USCG R/V: NOAA ships

High Speed Midwater Trawl, Aleutian Wing Trawl

60 trawls (2-3 per day).

CTD profiler and rosette water sampler

60 casts.

SEAMAP-SA NC Pamlico Sound Trawl Survey, (NCDENR)

1

Pamlico Sound and the Pamlico, Pungo, and Neuse rivers in waters ≥6 ft deep

Annually, June & Sep, 20 DAS (10 days/month), day operations only

USCG Class III: R/V

Carolina Coast

Otter trawl: paired mongoose-type Falcon bottom trawls

54 trawls each month, 108 trawls total.

Ponar grab

54 casts each month, 108 total.

YSI 556 (Dissolved oxygen, salinity, temperature)

54 casts each month, 108 total.

Secchi disk

54 casts each month, 108 total.

SEAMAP-SA Coastal Trawl Survey, (SCDNR)

1

Cape Hatteras, NC to Cape Canaveral, FL in nearshore oceanic waters of 15-30 ft depth

Annually, Apr-May (spring), July-Aug (summer), and Oct-Nov (fall), 60-65 DAS, day operations only

USCG Small R/V: R/V

Lady Lisa

Otter trawl: paired mongoose-type Falcon bottom trawls

300-350 trawls total, evenly divided between seasons.

SEABIRD electronic CTD

300-350 casts.

SEFSC-SA TED Evaluations, (SEFSC)

1

State and Federal waters off Georgia and eastern FL

Annually, Nov-Apr, 10 DAS, 24 hour operations-set/haul anytime day or night

USCG Class III: R/V

Georgia Bulldog

Otter trawl: Mongoose shrimp trawls

50 paired trawls.

In-Water Sea Turtle Research (SCDNR)

1

Winyah Bay, SC to St. Augustine, FL in water depths of 15-45 ft

Annually, mid-May through late Jul to early Aug, 24-30 DAS, day operations only

USCG Class III: R/V

Georgia Bulldog

USCG Small R/V: R/V

Lady Lisa

Paired flat net bottom trawls (NMFS Turtle Nets per Dickerson et al. 1995) with tickler chains

400-450 trawls.

ACFCMA American Eel Pot Survey for Yellow-phase Eels, (GADNR)

Georgia state waters in the Altamaha River System. Sampling is conducted during daylight hours. Depth ranges from 2 to 20 ft

Annually. Sampling monthly Nov-Apr. based on water temp. 36 DAS (6 days/month), day operations only

USCG Class I: 19 ft Cape Horn, 18 ft skiff

Eel traps/pots with float

30 stations (180 sets/month; 30 traps set each of 6 days).

Beaufort Bridgenet Plankton Survey, (SEFSC)

Pivers Island Bridge, NOAA Beaufort facility, Beaufort, NC

Annually, Nov-May (some years monthly Jan-Dec), night operations only sampling occurs once per week, n + 4 tows per night

None

Plankton net

125 tows.

Integrated Biscayne Bay Ecological Assessment and Monitoring Project (IBBEAM) Project, (SEFSC)

Western shoreline of Biscayne Bay, FL

Twice annually, May-Oct (wet season) and Nov-Apr (dry season), 14 DAS, day operations only

USCG Class II & III vessels

Human divers

Throw trap

100 dives

372 casts.

Intraspecific Diversity in Pink Shrimp Survey, (SEFSC)

*Currently inactive

Florida Bay, Whitewater Bay, Fakahatchee Bay, Biscayne Bay, Sanibel shrimp fishery, Tortugas shrimp fishery

Annually, June-Aug, 16 DAS, day operations only

USCG Class I: R/V

Privateer

Miniature roller-frame trawl

Dip net

Bag seine

40 trawls.

40 samples.

40 sets.

Marine Mammal and Ecosystem Assessment Survey-SA, (SEFSC)

1

Southeastern U.S. Atlantic

Every three years, June-Sep, 60 DAS, 24 hour operations

USCG R/V: R/V

Gordon Gunter

CTD profiler and rosette water sampler

60 casts.

Expendable bathythermographs

300 units.

Acoustic Doppler Current Profiler

Continuous.

Simrad ME70 Multi-Beam echosounder

Continuous.

EK60 Multi-frequency single-beam active acoustics

Continuous.

Passive acoustic arrays

Continuous.

RecFIN Red Drum Electrofishing Survey, (SCDNR)

Coastal estuaries and rivers of SC in depths of 6 ft or less in low salinity waters (0-12 ppt)

Annually, Jan-Dec, 60-72 DAS (5-6 days/month), day operations only

USCG Class I: Small vessels

18 ft elecrofishing boat

360 stations per year (30 sites/month).

St. Lucie Rod-and-Reel Fish Health Study, (SEFSC)

1

*Currently inactive

Nearshore reef, inlet, and estuary of St. Lucie River, FL inlet system (Jupiter or Ft. Pierce, FL)

Annually, Jan-Dec, weekly, 156 DAS, day operations only

USCG Class I: Small vessels

Rod and reel gear

468 stations per year: 3/day × 3 day/wk.

SEAMAP-SA Gag Ingress Study, (SCDNR)

*Inactive since 2016

In the vicinity of Swansboro, NC; Wilmington, NC; Georgetown, SC; Charleston, SC; Beaufort, SC; Savannah, GA; and Brunswick, GA

Annually, Mar-June, 100 DAS, day operations only

USCG Class I: Small vessels

Witham collectors

15 sets (4 collectors at each set), 60 sets total.

Southeast Fishery Independent Survey (SEFIS) (SEFSC)

1

Cape Hatteras, NC, to St. Lucie Inlet, FL

Fifteen survey stations occur within Gray's Reef NMS

Annually, Apr-Oct, 30-80 DAS, 24 hour operations (cameras & traps-daytime operations, acoustics—anytime day or night)

USCG R/V: R/V

Nancy Foster

, R/V

Pisces,

R/V

Savannah

Chevron fish trap outfitted with 2 high-definition video cameras

1000 deployments.

CTD profiler

100-200 casts.

Simrad ME70 Multi-Beam echosounder

Continuous.

Multi-frequency single-beam active acoustics

Continuous.

U.S. South Atlantic MPA Survey, (SEFSC)

1

Jacksonville, FL to Cape Fear, NC on or near the continental shelf edge at depths between 80 and 600 m

Annually, May-Aug, 14 DAS, 24 hour operations (ROV daytime operations, acoustics—anytime day or night)

USCG R/V: R/V

Pisces,

R/V

Nancy Foster,

R/V

Spree

ROV Phantom S2 vehicle with tether attached to CTD cable

CTD profiler

10-40 deployments.

28 casts.

Simrad ME70 Multi-Beam echosounder

Every other night for 6-12 hrs.

EK60 Multi-frequency single-beam active acoustics

Every other night for 6-12 hrs.

FL/Dry Tortugas Coral Reef Benthic Survey, (SEFSC)

Survey area encompasses Federal and territorial waters from Dry Tortugas to Martin County, FL. Surveys occur within the Florida Keys NMS (150 stations)

Quarterly-annually, May-Oct, 100 DAS

USCG Class I & II: small vessels

SCUBA divers with measuring devices, cameras, and hand tools

300 dives.

Demographic Monitoring of

Acropora

Species, (SEFSC)

Florida Keys National Marine Sanctuary

3x per year, ~35 DAS

USCG Class I

SCUBA divers

30 fixed plots.

Reef Fish Visual Census Survey—Florida Keys/SE Florida Shelf, (SEFSC)

Florida Keys NMS and SE Florida Shelf, <33 m deep

Annually, May-Sep, 25 DAS, day operations only

USCG Class I: R/V

Aldo Leopold

SCUBA divers with meter sticks, 30 cm rule and digital camera

300 dives.

Caribbean Research Area

.

Caribbean Plankton Recruitment Experiment, (SEFSC)

Caribbean and Mexican waters

Bi-annually, Feb or June, 15 DAS, 24 hour operations, anytime day or night

USCG R/V: R/V

Gordon Gunter,

R/V

Nancy Foster

Bongo net

MOCNESS

CTD profiler and rosette water sampler

75 tows

75 tows

75 casts.

Caribbean Reef Fish Survey, (SEFSC)

1

PR and USVI, continental shelf waters

Every two years, Mar-June, 40 DAS, 24 hour operations

USCG R/V: R/V

Pisces,

R/V

Oregon II

Bandit Reels

4-camera array

Chevron traps

CTD profiler

Simrad ME70 Multi-Beam echosounder

Acoustic Doppler Current Profiler

EK60 Multi-frequency single-beam active acoustics

300 sets.

150 deployments.

100 sets.

300 casts.

Continuous.

Continuous.

Continuous.

Marine Mammal and Ecosystem Assessment Survey-C, (SEFSC)

1

U.S. Caribbean Sea

Every three years, June-Sep, 60 DAS, 24 hour operations-acoustics—anytime day or night

USCG R/V: R/V

Gordon Gunter

CTD profiler and rosette water sampler

60 casts.

Expendable bathythermographs

Acoustic Doppler Current Profiler

Simrad ME70 Multi-Beam echosounder

EK60 Multi-frequency single-beam active acoustics

Passive acoustic arrays

300 units.

Continuous.

Continuous.

Continuous.

Continuous.

SEAMAP-C Reef Fish Survey (PR-DNER, USVI-DFW)

*Began 2017

USVI and PR territorial and Federal waters at 15-300 ft depths

Annually, Jan-Dec,

(Day operations only)

PR: 70 DAS for each coast

USVI: ~30 DAS.

USCG Class I & III:

Three chartered vessels

Camera array—two GoPro cameras and four lasers set on an aluminum frame

PR: 120 per coast total of 240.

USVI: 72 per island, 144 total.

SEAMAP-C Lane Snapper Bottom Longline Survey, (PR-DNER)

1

East, west, and south coasts of PR in territorial and Federal waters at depths ranging from 15-300 ft

Annually beginning July 2015, (summer, winter, fall, spring), 120 DAS (30 days/season), night operations only

USCG Class III:

Two chartered vessels

Bottom longline

45 sets/season, 180 sets total.

SEAMAP-C Yellowtail Snapper Rod-and-Reel Survey, (PR-DNER)

1

East, west, and south coasts of PR in territorial and Federal waters at depths ranging from 15-300 ft

Annually beginning 2014, (4 sampling seasons), 120 DAS, night operations only

USCG Class I & III:

Three chartered vessels

Rod-and-reel gear

120 stations (360 lines total).

Caribbean Coral Reef Benthic Survey, (SEFSC)

Federal and territorial waters around PR, USVI, and Navassa

Annual to triennial, May-Oct, 30 DAS, day operations only

USCG Class I & II: Small vessel <28 ft

SCUBA divers with measuring devices and hand tools

300 dives.

Reef Fish Visual Census Survey—U.S. Caribbean, (SEFSC)

PR and USVI waters <100 ft deep

Annually, May-Sept, 25 DAS, day operations only

USCG Class I & II: Small vessel <24 ft

SCUBA divers with meter sticks, 30 cm rule and digital camera

300 dives.

SEAMAP-C Queen Conch Visual Survey, (PR-DNER, USVI-DFW)

PR and USVI territorial waters in 10-90 ft depths, some sampling occurs in Federal waters

Annually,

PR: July-Nov, 35 DAS

USVI: June-Oct, 62 DAS, day operation only

USCG Class I & III:

Three chartered vessels

SCUBA divers, SCUBA gear and underwater scooters

PR: 100 dives.

USVI: 62 dives.

SEAMAP-C Spiny Lobster Post Larvae Settlement Surveys, (PR-DNER)

PR territorial waters in 6-90 ft depths

Every four years

West cost of PR: Jan-Dec, 84 DAS

USCG Class I & III:

Three chartered vessels

R/V Erdman.

Fifty-six modified Witham pueruli collectors

6 stations along the west coast platform per depth and distance from the shoreline.

SEAMAP-C Spiny Lobster Artificial Habitat Survey, (PR-DNER, USVI-DFW)

PR and USVI territorial waters in 6-90 ft depths

Annually,

PR: Jan-Dec, 84 DAS

USVI: Jan-Dec, 20 DAS, day operations only

USCG Class I & III:

Three chartered vessels

Juvenile lobster artificial shelters

SCUBA divers, SCUBA gear and underwater scooters

10 shelters, continuous deployment.

PR: 60 dives.

USVI: 20 dives.

1

These surveys have the potential to take marine mammals through M/SI and/or Level B harassment.

* Inactive projects are currently not conducted but could resume if funds became available.

Gillnets

—A gillnet is a wall of netting that hangs in the water column, typically made of monofilament or multifilament nylon. Mesh sizes are designed to allow fish to get only their head through the netting, but not their body. The fish's gills then get caught in the mesh as the fish tries to back out of the net. A variety of regulations and factors determine the mesh size, length, and height of commercial gillnets, including area fished and target species. Gillnets can be fished floating or sinking, and stationary or drifting. Set gillnets are attached to poles fixed in the substrate or an anchor system to prevent movement of the net (

i.e.,

stationary) while drift gillnets are free-flowing but kept afloat at the proper depth using a system of weights and buoys attached to the headrope, footrope, or floatline.

A trammel net is a type of gillnet. However, unlike single wall gillnets, which will catch a narrow range of fish sizes, a trammel net is a type of gillnet that will catch a wide variety of fish sizes. Essentially, a trammel net is three layers of netting tied together on a common floatline and common leadline. The two outer layers of netting (known as walls or brails) are constructed out of large mesh netting (12 in to 18 in square) with a twine size of #9 multifilament nylon or 0.81 millimeter (mm) to 0.90 mm monofilament. The light-weight or fine netting sandwiched between the two walls is usually small mesh multifilament or monofilament gill netting. Trammel nets have a large amount of lightweight gill netting hung in the nets, and fish will be caught by gilling or by tangling in the excess netting.

Trammel nets are only used by the SCDNR in the ARA. The SCDNR sets trammel nets in depths of 6 ft or less along a shoreline. Scientists monitor the immediate area 15 minutes prior to deploying the gear. Before the net is set, while the net is being deployed, during the soak, and during haulback, the scientists monitor the net and waters around the net, maintaining a lookout for protected species. Survey protocol calls for a short, 10 minute soak time before the net is hauled.

A total of six survey programs (3 in GOMRA, 3 in ARA) utilize gillnets to accomplish the SEFSC's research objectives (see Table 1-1 in SEFSC's application). In total, 545 set gillnet deployments and 96 sinking gillnet deployments would be made in the GOMRA, primarily in bays, sounds, and estuaries. These surveys occur year-round and each set typically lasts up to 1 hour with the exception of the gillnets fished in shallow waters (0.2 to 1 m) for the Smalltooth Sawfish Abundance Survey which can last 1 to 4 hours. In the ARA, 120 drift gillnet sets would be deployed in rivers and estuaries for the American Shad Drift Gillnet Survey conducted by the SCDNR.

Trawl nets

—A trawl is a funnel-shaped net towed behind a boat to capture fish. The codend (or bag) is the fine-meshed portion of the net most distant from the towing vessel where fish and other organisms larger than the mesh size are retained. In contrast to commercial fishery operations, which generally use larger mesh to capture marketable fish, research trawls often use smaller mesh to enable estimates of the size and age distributions of fish in a particular area. The body of a trawl net is generally constructed of relatively coarse mesh that functions to gather schooling fish so that they can be collected in the codend. The opening of the net, called the mouth, is extended horizontally by large panels of wide mesh called wings. The mouth of the net is held open by hydrodynamic force exerted on the trawl doors attached to the wings of the net. As the net is towed through the water, the force of the water spreads the trawl doors horizontally apart. The top of a net is called the headrope, and the bottom is called the footrope.

The SEFSC uses several types of trawl nets: Aleutian Wing Trawl, otter trawls, semi-balloon shrimp trawl, mongoose trawl, western jib shrimp trawls, skimmer trawls, roller frame trawl, and modified beam trawl. Bottom trawls (

e.g.,

shrimp trawls) are designed to capture target species at or near the seafloor. Skimmer trawls are used at the surface. Contrary to skimmer trawls, bottom trawls are not usually visible after they are deployed because they operate at or near the sea floor and the optical properties of the water limit the ability to see the bottom from the surface. Pelagic trawls are designed to operate at various depths within the water column and are most commonly set at the surface or mid-water depths. The trawl gear may be constructed and rigged for various target species and to operate over different types of bottom surfaces.

Trawls typically used in estuaries include semi-balloon shrimp trawls (fished near creeks and rivers of Georgia Sound) and miniature roller-frame trawls (fished at various South Florida estuaries). In coastal waters, the types of trawls (and operating depths) SEFSC and partners typically use include modified beam trawls (1-5 ft), otter trawls (3-360 ft), benthic trawls (up to 7 ft), western jib shrimp trawls (10-20 ft), and skimmer trawls (7-20 ft). Typical offshore trawls (and operating depths) include high speed midwater trawls (> 1,600 ft), Aleutian wing trawls (> 1,600 ft), and high-opening bottom trawls (160 to 1,600 ft).

All trawls have a lazy line attached to the codend. The lazy line floats free during active trawling, and as the net is hauled back, it is retrieved with a boat- or grappling-hook to assist in guiding and emptying the trawl nets. Twisted, three-strand, polypropylene is the most commonly used type of rope for lazy lines due to cost, strength, handling, and low specific gravity (0.91), which allows it to float.

Active acoustic devices (described later) incorporated into the research vessel and the trawl gear monitor the position and status of the net, speed of the tow, and other variables important to the research design. Gear details, schematics, and photos associated with each of these trawl net categories can be found in Table 1-1 of the SEFSC's application and Appendix A of the SEFSC's Draft PEA.

For research purposes, the speed and duration of the tow and the characteristics of the net must be standardized to allow meaningful comparisons of data collected at different times and locations. Typically, tow speed ranges from 2-4 knots (kts) while duration can range from thirty seconds to 3 hours at target depth; however most trawls last less than 30 minutes. The shorter trawls (30 seconds to 30 minutes) occur in estuaries and coastal waters less than 500 meters in depth while the longer trawls (1-3 hours) are reserved for offshore, deepwater research. The only exceptions to this are the BRD Evaluation Survey designed to test various gear for the shrimp fishery in the Gulf of Mexico and the SEFSC-South Atlantic (SA) Turtle Exclusion Device (TED) Evaluation Survey designed to test bycatch reduction devices and TEDs for commercial fishing vessels in the Atlantic Ocean. A total of 40 paired BRD Evaluation Survey trawls occur annually in May and August in state and Federal nearshore and offshore waters, including Mississippi Sound. Each trawl can last up to 2 hours. Fifty paired SEFSC-SA TED Evaluation Survey trawls occur annually from November through April in state and Federal waters off Georgia and Florida, and each trawl can last up to 4 hours.

Bag seines

—Bag seines used in the GOMRA during the Inter‐jurisdictional Fisheries Act (IJA) Biloxi Bay Seine Survey and IJA Shoreline Shellfish Bag Seine Survey are 50-60 feet long with 6 ft deep lateral wings (

1/2

in stretch nylon multifilament mesh) and 6 ft wide central bag. They are both fished by hand with the Biloxi Bay survey having a 20 minute soak time and the shoreline survey having a 2-3 minute soak time. Bag seines used in the Intraspecific Diversity Pink Shrimp Survey (also in the GOMRA) are 9 ft long and taper from 50 to 10 in at the closed codend. Bag seines and similar gear are not considered to pose any risk to protected species because of their small size, slow deployment speeds, and/or structural details of the gear and are therefore not subject to specific mitigation measures. However, the officer on watch and crew monitor for any unusual circumstances that may arise at a sampling site and use their professional judgment and discretion to avoid any potential risks to marine mammals during deployment of all research equipment.

Plankton nets

—SEFSC research activities include the use of several plankton sampling nets that employ very small mesh to sample plankton from various parts of the water column. Plankton sampling nets usually consist of fine mesh attached to a weighted frame. The frame spreads the mouth of the net to cover a known surface area.

1. Bongo nets are used by the SEFSC during various plankton surveys conducted throughout the three research areas. Bongo nets are also used to collect additional data during shark and finfish surveys. Bongo nets consist of two cylindrical nets that come in various diameters and fine mesh sizes (Figure A-13). The bongo nets are towed through the water at an oblique angle to sample plankton over a range of depths. During each plankton tow, the bongo nets are deployed to a depth of approximately 210 m and are then retrieved at a controlled rate so that the volume of water sampled is uniform across the range of depths. In shallow areas, the sampling protocol is adjusted to prevent contact between the bongo nets and the seafloor. A collecting bucket, attached to the end of the net, is used to contain the plankton sample. When the net is retrieved, the collecting bucket can be detached and easily transported to a laboratory. Some bongo nets can be opened and closed using remote control to enable the collection of samples from particular depth ranges. A group of depth-specific bongo net samples can be used to establish the vertical distribution of zooplankton species in the water column at a site. Bongo nets are generally used to collect zooplankton for research purposes and are not used for commercial harvest. There are no documented takes of marine mammals incidental to SEFSC research using bongo nets.

2.

Neuston net

—Neuston nets are used to collect zooplankton that lives in the top few centimeters of the sea surface (the neuston layer). This specialized net has a rectangular mouth opening (usually 2 or 3 times as wide as deep,

i.e.

60 cm by 20 cm). They are generally towed half submerged at 1-2 kts from the side of the vessel on a boom to avoid the ship's wake. There are no documented takes of marine mammals incidental to SEFSC research using bongo nets.

3.

Other small nets

—The SEFSC also uses Methot juvenile fish nets, Multiple Opening/Closing Net and Environmental Sensing System (MOCNESS), and bag seines. A complete description of this gear and SEFSC operational protocols can be found in Appendix A of the SEFSC's Draft PEA. There are no documented takes of marine mammals and NMFS incidental to research using this gear.

Oyster Dredge

—Oyster dredges are constructed from a metal frame with metal chain netting. Along the front edge of the dredge is a long bar with teeth that are dragged on the seafloor to pick up oysters and deposit them into the chain mesh netting. The oyster dredge used for the Mississippi Department of Marine Resource Oyster surveys consists of a nine-tooth bar about 20 inches wide with teeth 4 in. long and spaced 2 in. apart. There are no documented takes of marine mammals incidental to SEFSC research using oyster dredges.

Hook and Line Gear

—A variety of SEFSC surveys use hook-and-line gears to sample fish either in the water column or in benthic environments. These gear types include baited hooks deployed on longlines as well as rod-and-reel and bandit gear deployments.

1. Longline

—Longlines are basically strings of baited hooks that are either anchored to the bottom, for targeting groundfish, or are free-floating, for targeting pelagic species and represent a passive fishing technique. Pelagic longlines, which notionally fish near the surface with the use of floats, may be deployed in such a way as to fish at different depths in the water column. For example, deep-set longlines targeting tuna may have a target depth of 400 m, while a shallow-set longline targeting swordfish is set at 30-90 m depth. We refer here to bottom and pelagic longlines. Any longline generally consists of a mainline from which leader lines (gangions) with baited hooks branch off at a specified interval and is left to passively fish, or soak, for a set period of time before the vessel returns to retrieve the gear. Longlines are marked by two or more floats that act as visual markers and may also carry radio beacons; aids to detection are of particular importance for pelagic longlines, which may drift a significant distance from the deployment location. Pelagic longlines are generally composed of various diameter monofilament line and are generally much longer, and with more hooks, than are bottom longlines. Bottom longlines may be of monofilament or multifilament natural or synthetic lines.

Longline vessels fish with baited hooks attached to a mainline (or groundline). The length of the longline and the number of hooks depend on the species targeted, the size of the vessel, and the purpose of the fishing activity. Hooks are attached to the mainline by another thinner line called a gangion. The length of the gangion and the distance between gangions depends on the purpose of the fishing activity. Depending on the fishery, longline gear can be deployed on the seafloor (bottom longline), in which case weights are

attached to the mainline, or near the surface of the water (pelagic longline), in which case buoys are attached to the mainline to provide flotation and keep the baited hooks suspended in the water.

Target species for pelagic longline surveys conducted by the SEFSC are pelagic sharks and finfish species. These pelagic longline protocols have a five-nautical mile mainline with 100 gangions. The time period between completing deployment and starting retrieval of the longline gear is referred to as the soak time. Soak time is an important parameter for calculating fishing effort and is typically three hours for SEFSC surveys. Short soak times can help reduce longline interactions with sea turtles and marine mammals. Bottom longlines used by the SEFSC to survey species in deeper water, including sablefish, have a one-mile long monofilament mainline that is anchored on the seafloor with weights at the mid-point and ends. The line is marked at the surface by radar high flyers.

2. Bandit Reels

—Bandit reels are heavy duty fishing reels that are used for deep sea fishing. These are used by the SEFSC to sample fish in the nearshore reef inlet and estuary of the St. Lucie River, Florida. The SEFSC uses a bandit reel with a vertical mainline and 10 gangions that is either deployed from the vessel and marked at the surface by a buoy or is fished while maintaining an attachment to the reel. The hook sizes used are 8/0, 11/0, or 15/0 circle hooks with 0 offset.

Traps and pots

—Traps and pots are submerged, three-dimensional devices, often baited, that permit organisms to enter the enclosure but make escape extremely difficult or impossible. Most traps are attached by a rope to a buoy on the surface of the water and may be deployed in series. The trap entrance can be regulated to control the maximum size of animal that can enter, and the size of the mesh in the body of the trap can regulate the minimum size that is retained. In general, the species caught depends on the type and characteristics of the pot or trap used. The SEFSC uses fyke nets and various types of small traps and cages.

1.

Fyke nets

—A fyke net is a fish trap that consists of cylindrical or cone-shaped netting bags that are mounted on rings or other rigid structures and fixed on the bottom by anchors, ballast or stakes (Figure A-19). Fyke traps are often outfitted with wings and/or leaders to guide fish towards the entrance of the bags. The Fyke nets used by the SEFSC are constructed with wings that are 18.8 x 9 feet and bag netting of 700 micron mesh.

2.

Chevron traps, shrimp cages, eel traps and throw traps

—Chevron fish traps are wire mesh fish cages that are used to sample fish populations (Figure A-23). The SEFSC uses several different chevron fish traps of various dimensions that are baited to attract target species. Shrimp cages come in various shapes and are constructed of 1-inch PVC poles that were oriented vertically attached to two fiberglass hoops and wrapped in 2mm mesh netting. They work by being lowered from a vessel or shore onto the bottom of the sea floor where they are baited and left for a certain amount of time and then later retrieved. The SEFSC uses 16 x 20 x 11 inch eel traps with

1/2

-inch metal mesh. The openings for the internal funnels are 2 x 3 inches and the trap is baited with horseshoe crabs and shrimp heads. Throw traps are small open ended boxes of aluminum with 1 m

2

walls and a depth of 45 cm. Research using any of these traps or cages has little to no potential to result in marine mammal harassment.

Conductivity, temperature, and depth profilers (CTD)

—A CTD profiler measures these parameters and is the primary research tool for determining chemical and physical properties of seawater. A CTD profiler may be a fairly small device or it may be deployed with a variety of other oceanographic sensors and water sampling devices in a large (1 to 2 meter diameter) metal rosette wheel. The CTD profiler is lowered through the water column on a cable, and CTD data are collected either within the device or via a cable connecting to the ship. The data from a suite of samples collected at different depths are often called a depth profile, and are plotted with the value of the variable of interest on the x-axis and the water depth on the y-axis. Depth profiles for different variables can be compared in order to glean information about physical, chemical, and biological processes occurring in the water column.

Remotely Operated Vehicle

—The Super Phantom S2 (Figure A-26) is a powerful, versatile remotely operated vehicle (ROV) with high reliability and mobility. This light weight system can be deployed by two operators and is designed as an underwater platform which provides support services including color video, digital still photography, navigation instruments, laser scaling device, lights, position information of the ROV and support ship, vehicle heading, vehicle depth, and a powered tilt platform. The Mini ROV is used during the SEFSC Panama City Reef Fish survey to help conduct line surveys and identify cryptic and rare fish species in the Gulf of Mexico.

Description of Active Acoustic Sound Sources

—A wide range of active acoustic devices are used in SEFSC fisheries surveys for remotely sensing bathymetric, oceanographic, and biological features of the environment. Most of these sources involve relatively high frequency, directional, and brief repeated signals tuned to provide sufficient focus and resolution on specific objects. SEFSC active acoustic sources include various echosounders (

e.g.,

multibeam systems), scientific sonar systems, positional sonars (

e.g.,

net sounders for determining trawl position), and environmental sensors (

e.g.,

current profilers). The SEFSC also uses passive listening sensors (

i.e.,

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

Underwater acoustic sources typically used for scientific purposes operate by creating an oscillatory overpressure through rapid vibration of a surface, using either electromagnetic forces or the piezoelectric effect of some materials. A vibratory source based on the piezoelectric effect is commonly referred to as a transducer. Transducers are usually designed to excite an acoustic wave of a specific frequency, often in a highly directive beam, with the directional capability increasing with operating frequency. The main parameter characterizing directivity is the beam width, defined as the angle subtended by diametrically opposite “half power” (-3 dB) points of the main lobe. For different transducers at a single operating frequency, the beam width can vary from 180 ° (almost omnidirectional) to only a few degrees. Transducers are usually produced with either circular or rectangular active surfaces. For circular transducers, the beam width in the horizontal plane (assuming a downward pointing main beam) is equal in all directions, whereas rectangular transducers produce more complex beam patterns with variable beam width in the horizontal plane. In general, the more narrow the beam, the shorter distance to which the sound propagates.

The types of active sources employed in fisheries acoustic research and monitoring may be considered in two broad categories here (Category 1 and Category 2), based largely on their respective operating frequency (

i.e.,

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

e.g.,

signal duration, directivity). As described

below, these operating characteristics result in differing potential for acoustic impacts on marine mammals.

Before identifying the active acoustic sources used by the SEFSC, we further describe scientific sonar sound source characteristics here relevant to our analysis. Specifically, we look at the following two ways to characterize sound: By its temporal (continuous or intermittent) and its pulse properties (

i.e.,

impulsive or non-impulsive). Continuous sounds are those whose sound pressure level remains above that of the ambient sound, with negligibly small fluctuations in level (NIOSH, 1998; ANSI, 2005), while intermittent sounds are defined as sounds with interrupted levels of low or no sound (NIOSH, 1998).

Sounds can also be characterized as either impulsive or non-impulsive. Impulsive sounds are typically transient, brief (< 1 sec), broadband, and consist of a high peak pressure with rapid rise time and rapid decay (ANSI, 1986; NIOSH, 1998). Impulsive sounds, by definition, are intermittent. Non-impulsive sounds can be broadband, narrowband or tonal, brief or prolonged, and typically do not have a high peak sound pressure with rapid rise/decay time that impulsive sounds do (ANSI 1995; NIOSH 1998). Non-impulsive sounds can be intermittent or continuous. Scientific sonars, such as the ones used by the SEFSC, are characterized as intermittent and non-impulsive. Discussion on the appropriate harassment threshold associated with these types of sources based on these characteristics can be found in the

Estimated Take

section.

Category 1 active fisheries acoustic sources include those with high output frequencies (>180 kHz) that are outside the known functional hearing capability of any marine mammal. Example Category 1 sources include short range echosounders and acoustic Doppler current profilers). These sources also generally have short duration signals and highly directional beam patterns, meaning that any individual marine mammal would be unlikely to even detect a signal.

While sounds that are above the functional hearing range of marine animals may be audible if sufficiently loud (

e.g.,

Møhl, 1968), the relative output levels of the sources used by the SEFSC would only be detectable to marine mammals out to a few meters from the source. If detected, these sound levels are highly unlikely to be of sufficient intensity to result in behavioral harassment. Two recent studies (Deng

et al.,

2014; Hastie

et al.,

2014) demonstrate some behavioral reaction by marine mammals to acoustic signals at frequencies above 180 kHz. These studies generally indicate only that sub-harmonics could be detectable by certain species at distances up to several hundred meters. However, this detectability is in reference to ambient noise, not any harassment threshold for assessing the potential for Level B incidental take for these sources. Source levels of the secondary peaks considered in these studies—those within the hearing range of some marine mammals—range from 135-166 dB, meaning that these sub-harmonics would either be below the threshold for behavioral harassment (160 dB) or would attenuate to such a level within a few meters. Beyond these important study details, these high-frequency (

i.e.,

Category 1) sources and any energy they may produce below the primary frequency that could be audible to marine mammals would be dominated by a few primary sources that are operated near-continuously, and the potential range above threshold would be so small as to essentially discount them. Therefore, Category 1 sources are not expected to have any effect on marine mammals and are not considered further in this document.

Category 2 acoustic sources, which would be present on many vessels operating under this rulemaking include a variety of single, dual, and multi-beam echosounders (many with a variety of modes), sources used to determine the orientation of trawl nets, and several current profilers with lower output frequencies than Category 1 sources. Category 2 active acoustic sources have moderate to high output frequencies (10 to 180 kHz) that are generally within the functional hearing range of marine mammals and therefore have the potential to cause behavioral harassment. However, while likely potentially audible to certain species, these sources have generally short ping durations and are typically highly directional (

i.e.,

narrow beam width) to serve their intended purpose of mapping specific objects, depths, or environmental features. These characteristics reduce the likelihood and or spatial extent of an animal receiving or perceiving the signal. In addition, sources with relatively lower output frequencies coupled with higher output levels, can be operated in different output modes (

e.g.,

energy can be distributed among multiple output beams) which may lessen the likelihood of perception by and potential impact on marine mammals.

Category 2 active acoustic sources are unlikely to be audible to whales and most pinnipeds, whereas they may be detected by odontocete cetaceans and high frequency specialists. Category 2 sources are described further in detail below because, unlike Category 1 sources, they have the potential to take a marine mammal by Level B (behavioral) harassment.

The acoustic system used during a particular survey is optimized for surveying under specific environmental conditions (

e.g.,

depth and bottom type). Lower frequencies of sound travel further in the water than in air but provide lower resolution (

i.e.,

are less precise). Pulse width and power may also be adjusted in the field to accommodate a variety of environmental conditions. Signals with a relatively long pulse width travel further and are received more clearly by the transducer (

i.e.,

good signal-to-noise ratio) but have a lower range resolution. Shorter pulses provide higher range resolution and can detect smaller and more closely spaced objects in the water. Similarly, higher power settings may decrease the utility of collected data. Power level is also adjusted according to bottom type, as some bottom types have a stronger return and require less power to produce data of sufficient quality. Power is typically set to the lowest level possible in order to receive a clear return with the best data.

Survey vessels may be equipped with multiple acoustic systems; each system has different advantages that may be utilized depending on the specific survey area or purpose. In addition, many systems may be operated at one of two frequencies or at a range of frequencies. Characteristics of these sources are summarized in Table 2.

1.

Multi-Frequency Narrow Beam Scientific Echosounders (Simrad EK60)

—Echosounders and sonars work by transmitting acoustic pulses into the water that travel through the water column, reflect off the seafloor, and return to the receiver. Water depth is measured by multiplying the time elapsed by the speed of sound in water (assuming accurate sound speed measurement for the entire signal path), while the returning signal itself carries information allowing “visualization” of the seafloor. Multi-frequency split-beam sensors are deployed from SEFSC survey vessels to acoustically map the distributions and estimate the abundances and biomasses of many types of fish; characterize their biotic and abiotic environments; investigate ecological linkages; and gather information about their schooling behavior, migration patterns, and avoidance reactions to the survey vessel. The use of multiple frequencies allows coverage of a broad range of marine

acoustic survey activity, ranging from studies of small plankton to large fish schools in a variety of environments from shallow coastal waters to deep ocean basins. Simultaneous use of several discrete echosounder frequencies facilitates accurate estimates of the size of individual fish and can also be used for species identification based on differences in frequency-dependent acoustic backscattering between species. The SEFSC uses devices that transmit and receive at six frequencies from 18 to 333 kHz.

2.

Multibeam Echosounder and Sonars (Simrad ME70, MS70, SX90)

—Multi-beam echosounders and sonars work by transmitting acoustic pulses into the water then measuring the time required for the pulses to reflect and return to the receiver and the angle of the reflected signal. However, the use of multiple acoustic “beams” allows coverage of a greater area compared to single beam sonar. The sensor arrays for multibeam echosounders and sonars are usually mounted on the keel of the vessel and have the ability to look horizontally in the water column as well as straight down. Multibeam echosounders and sonars are used for mapping seafloor bathymetry, estimating fish biomass, characterizing fish schools, and studying fish behavior. The multi-beam echosounders used by the SEFSC emit frequencies in the 70-120 kHz range.

3.

Acoustic Doppler Current Profiler (ADCP)

—An ADCP is a type of sonar used for measuring water current velocities simultaneously at a range of depths. It can be mounted to a mooring or to the bottom of a boat. The ADCP works by transmitting “pings” of sound at a constant frequency into the water. As the sound waves travel, they ricochet off particles suspended in the moving water and reflect back to the instrument (WHOI 2011). Sound waves bounced back from a particle moving away from the profiler have a slightly lowered frequency when they return and particles moving toward the instrument send back higher frequency waves. The difference in frequency between the waves the profiler sends out and the waves it receives is called the Doppler shift. The instrument uses this shift to calculate how fast the particle and the water around it are moving. Sound waves that hit particles far from the profiler take longer to come back than waves that strike close by. By measuring the time it takes for the waves to return to the sensor and the Doppler shift, the profiler can measure current speed at many different depths with each series of pings (WHOI 2011).

4.

Trawl Monitoring Systems (Simrad ITI)

—Trawl monitoring systems allow continuous monitoring of net dimensions during towing to assess consistency, maintain quality control, and provide swept area for biomass calculations. Transponders are typically located in various positions on the trawl or cables connecting the trawl to the ship. Data are monitored in real time to make adjustments in ship speed or depth of trawl to meet survey protocols. This system operates in the 27- 33 kHz range, below the functional hearing range of all marine mammals.

Table 2—Operating Characteristics of SEFSC Active Acoustic Sources

Active acoustic system

Operating frequencies (kHz)

Maximum source level (dB re: 1µPa @1 m)

Nominal beamwidth

Effective exposure area:

Sea surface to 200 m depth (km

2

)

Effective exposure area:

Sea surface to 160 dB threshold depth (km

2

)

Simrad EK60 narrow beam echosounder

18, 38, 70, 120, 200*, 333*

224

11 ° @18 kHz, 7 ° @38 kHz

0.0142

0.1411

Simrad ME70 multibeam echosounder

70-120

205

140 °

0.0201

0.0201

Teledyne RD Instruments ADCP, Ocean Surveyor

75

223.6

N/A

0.0086

0.0187

Simrad EQ50

50, 200*

210

16 @50kHz, 7 @200kHz

0.0075

0.008

Simrad ITI Trawl Monitoring System

27-33

<200

40 ° × 100 °

0.0032

0.0032

* Devices working at this frequency is outside of known marine mammal hearing range and is not considered to have the potential to result in marine mammal harassment.

SEFSC Vessels Used for Survey Activities

The SEFSC and its research partners use a variety of different types and sizes of vessels to meet their needs and objectives. Vessels may be owned and operated by NMFS, owned and operated by the cooperative partners, or chartered. Vessels vary in size, including, small fishing vessels (U.S. Coast Guard [USCG] Class A—up to 16 ft. and Class I—16 to <26 ft.), medium vessels (USCG Class II—26 to <40 ft. and Class III—40 to 65 ft.), USCG Small Research Vessel (R/V) (>65 ft. and <300 gross tons) and USCG Research Vessel (R/V) (>65 ft. and >300 gross tons). Several Motor Vessels (M/V) >65 feet and USCG Research Vessels are also chartered and used by partner agencies. Please see Appendix A of the SEFSC's Draft PEA for detailed information on all vessels over 65 ft used during fisheries research.

TPWD Gillnet Research

TPWD conducts a long-term standardized fishery-independent monitoring program to assess the relative abundance and size of finfish and shellfish in Texas bays. TPWD is mandated by the Texas Legislature to conduct continuous research and study the supply, economic value, environment, and breeding habits of the various species of finfish, shrimp and oysters under Parks and Wildlife Code sections 66.217, 76.302 and 77.004. Results from this program are primarily used by the agency to manage Texas' marine finfish and shellfish resources. Data are also available for use by other agencies (

e.g.,

USFWS, Gulf of Mexico Fishery Management Council, Gulf States Marine Fisheries Commission, Texas Water Development Board, and Texas Commission on Environmental Quality), universities, non-governmental organizations, and the private sector.

The current sampling protocol began in the spring of 1983 for seven of the ten bay systems; the remaining three bay systems were gradually added. The number of gill net sets was standardized in 1985. The monitoring program utilizes a stratified random sample design, with each bay system as an independent stratum. Gill net sample locations are randomly selected from grids (1 minute latitude by 1 minute longitude), with each selected grid further subdivided into 144 5-second gridlets. Sample sites are then randomly selected from gridlets containing less than 15.2 m of shoreline.

TPWD utilizes gill nets to conduct fishery-independent modeling on relative abundance, diversity, and age

and size distributions of adult and subadult finfish in Texas waters. Samples collected also provide data for genetic, life history and age and growth analyses. Statistically, gill nets provide for the lowest variability and the best fishery-independent measure of adult and subadult finfish abundance with a low coefficient of variation for most species requiring a low sample size. Standardized sampling methods have low operational bias allowing comparison between and among bay systems and years.

Gill nets are typically set in shallow open bay systems with little to no tidal movement. In this type of system, long gill net soak times are needed to catch a statistically-significant number of fish. The average number of fish caught in the overnight gill net sets is 90 fish per gill net which equates to 1 fish per 27 ft

2

or 6.7 ± 0.07 fish per hour (CPUE) of all species per hour. CPUE for two important recreational species, red drum and spotted seatrout, is 0.97 ± .02 and 0.68 ± .01 respectively.

Each gillnet is 183 m (600 ft) long, 1.2 m (3 ft) deep, and comprised of four 45 m (150 ft) long panels. Each panel is a different sized mesh: 7.6 cm (3 in.), 10.2 cm (4 in.), 12.7 cm (5 in.), and 15.2 cm (6 in.) to capture different sized fish. Each panel is sewn to the next panel; therefore, there are no gaps between panels. Currently, the float line and net mesh are tied together at 8 in. intervals. This results in a 6-8 in gap between the float line and the mesh when the net is set. TPWD will modify this design so that the float line and net mesh are tied together at 4 in. intervals. This will reduce the gap to approximately one to two inches. This gear modification would also be done for the lead line to reduce gaps between the lead line and net mesh. Reducing gaps between the lines and mesh are designed to minimize the potential of a dolphin getting its pectoral fins or flukes caught in these gaps.

Gill nets are set perpendicular to the shoreline with the smaller mesh end (3″ mesh panel) of the net anchored to the shoreline and the progressively larger mesh (up to 6″ mesh panel) extending baywards for 600 ft. All gill net are set in water depths ranging from 0.0-1.1 m on the shallow end of the net and from 0.1-4.6 m (0.33 to 15 ft) on the deep end of the net. However, 86 percent of gill net sets occur at a deep-end depth of 1.5 m (4 ft) or less. Where depths are greater than 4 ft, the top of the gillnet will be submerged because it is only 3 ft high. A marker bouy is typically attached to the float line at the intersection of each mesh panel (150 ft) with sufficant length line to reach the surface. When setting the net, TPWD pulls it as taut as possible with one person pulling on the net while the anchor is set.

Gill nets are set overnight during each spring and fall season. The spring season begins with the second full week in April and extends for ten weeks. The fall season begins with the second full week in September and extends for ten weeks. Nets are set within one hour before sunset and retrieved within 4 hours after the following sunrise. Soak times vary from approximately 12-14 hours. Gill nets are set overnight to eliminate day-use disturbances (boaters running the shoreline) that can alter normal fish behavior and movement patterns, reduce the amount of disturbance by and to anglers and boaters (user conflicts), and increase boater safety (reduced likelihood of striking nets). TPWD sets two to three nets on two separate nights for each of the 10 bay systems where they fish which are separated by at least 1 km and usually miles apart. No more than one gill net is set in the same grid on the same night, nor set more than two times in the same grid in a season. Fishing effort is evenly distributed between spring and fall season. Up to 90 sets per area could occur each year the proposed regulations would be valid. This sampling rate proposed for the next five years is identical to past sampling efforts.

Description of Marine Mammals in the Area of the Specified Activity

Sections 3 and 4 of the SEFSC's application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history, of the potentially affected species. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SAR;

https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region

) and more general information about these species (

e.g.,

physical and behavioral descriptions) may be found on NMFS' website (

https://www.fisheries.noaa.gov/find-species

). Additional species and stock information can be found in NMFS' Draft PEA (

https://www.fisheries.noaa.gov/node/23111

). In some cases, species are treated as guilds. In general ecological terms, a guild is a group of species that have similar requirements and play a similar role within a community. However, for purposes of stock assessment or abundance prediction, certain species may be treated together as a guild because they are difficult to distinguish visually and many observations are ambiguous. For example, NMFS' Atlantic SARs assess

Mesoplodon

spp. and

Kogia

spp. as guilds. Here, we consider pilot whales, beaked whales (excluding the northern bottlenose whale), and

Kogia

spp. as guilds. That is, where not otherwise specified, references to “pilot whales” includes both the long-finned and short-finned pilot whale, “beaked whales” includes the Cuvier's, Blainville's, Gervais, Sowerby's, and True's beaked whales, and “

Kogia

spp.” includes both the dwarf and pygmy sperm whale.

Table 3a lists all species (n = 33) with expected potential for occurrence in ARA, GOMRA, and CRA and summarizes information related to the population or stock, including regulatory status under the MMPA and ESA and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). The use of PBR in this analysis is described in later detail in the

Negligible Impact Analyses and Determination

section. Excluding bottlenose dolphins, species with potential occurrence in the ARA and GOMRA constitute 56 managed stocks under the MMPA. Bottlenose dolphins contribute an additional 17 stocks in the ARA (1 offshore, 5 coastal, and 11 estuarine), 36 stocks in the GOMRA (1 offshore, 1 continental shelf, 3 coastal, and 31 bays, sounds, and estuaries (BSE)), and 1 stock in the CRA for a total of 54 bottlenose dolphin stocks. In total, 110 stocks have the potential to occur in the SEFSC research area.

Species that could occur in a given research area but are not expected to have the potential for interaction with SEFSC research gear or that are not likely to be harassed by SEFSC's use of active acoustic devices are listed here but omitted from further analysis. These include extralimital species, which are species that do not normally occur in a given area but for which there are one or more occurrence records that are considered beyond the normal range of the species. Extralimital or rarely sighted species within the SEFSC's ARA include the North Atlantic bottlenose whale (

Hyperoodon ampullatus

), Bryde's whale (

B. edeni

), Atlantic white-sided dolphins (

Lagenorhynchus acutus

), white-beaked dolphins (

Lagenorhynchus albirostris

), Sowerby's beaked whale (

Mesoplodon bidens

), harp seal (

Pagophilus groenlandicus

), and hooded seal (

Cystophora cristata

).

Extralimital or rarely sighted species in the GOMRA include the North Atlantic right whale (

Eubalaena glacialis

), blue whale, fin whale (

B. physalus

), sei whale, minke whale (

B. acutorostrata

), humpback whale (

Megaptera novaeangliae

), and Sowerby's beaked whale. In the CRA, extralimital or rarely sighted species include blue whale, fin whale, sei whale, Bryde's whale, minke whale, harbor seal (

Phoca vitulina

), gray seal (

Halichoerus grypus

), harp seal, and hooded seal. In addition, Caribbean manatees (

Trichechus manatus

) may be found in all three research areas. However, manatees are managed by the U.S. Fish and Wildlife Service and are not considered further in this document.

Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. For some species, survey abundance (as compared to stock or species abundance) is the total number of individuals estimated within the survey area, which may or may not align completely with a stock's geographic range as defined in the SARs. These surveys may also extend beyond U.S. waters.

To provide a background for how estuarine bottlenose dolphin stocks are identified, we provide the following excerpt from the Bottlenose Dolphin Stock Structure Research Plan for the Central Northern Gulf of Mexico (NMFS, 2007) which more specifically describes the stock structure of bottlenose dolphins within the bays, sounds, and estuaries of the Gulf of Mexico: The distinct stock status for each of the 31 inshore areas of contiguous, enclosed, or semi-enclosed bodies of waters is community-based. That is, stock delineation is based on the finding, through photo-identification (photo-ID) studies, of relatively discrete dolphin “communities” in the few GOM areas that have been studied (Waring

et al.

2007). This finding was then generalized to all enclosed inshore GOM waters where bottlenose dolphins exist. A “community” consists of resident dolphins that regularly share large portions of their ranges, and interact with each other to a much greater extent than with dolphins in adjacent waters. The term emphasizes geographic, and social relationships of dolphins. Bottlenose dolphin communities do not necessarily constitute closed demographic populations, as individuals from adjacent communities may interbreed.

All values presented in Table 3a and 3b are the most recent available at the time of publication and are available in the most recent SAR for that stock, including draft 2018 SARs (Hayes et al., 2018) available at

https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports

) .

Table 3

a

—Marine Mammals Potentially Present in the Atlantic, Gulf of Mexico, and Caribbean Research Areas During Fishery Research

Common name

Scientific name

MMPA stock

Research area

ARA

GOM

CRA

ESA

status

(L/NL), MMPA strategic (Y/N)

1

Stock abundance (CV, N

min

)

2

PBR

3

Annual M/SI

4

Order Cetartiodactyla—Cetacea—Suborder Mysticeti (baleen whales)

Family Balaenopteridae (rorquals):

North Atlantic right whale

Eubalaena glacialis

Western North Atlantic

X

L, Y

451 (0, 445)

0.9

5.56

Humpback whale

Megaptera novaeangliae

Gulf of Maine

5

X

X

X

NL, Y

896 (0, 896 )

14.6

9.8

Blue whale

Balaenoptera musculus

Western North Atlantic

X

L, Y

unk (unk, 440, 2010)

0.9

unk

Fin whale

Balaenoptera physalis

Western North Atlantic

X

L, Y

1,618 (0.33, 1,234)

2.5

2.65

Minke whale

Balaenoptera acutorostrata

Canadian East Coast

X

X

X

NL, N

2,591 (0.81, 1,425)

14

7.5

Bryde's whale

Balaenoptera edeni

Northern Gulf of Mexico

X

NL,

6

Y

33 (1.07, 16)

0.03

0.7

Sei whale

Balaenoptera borealis

Nova Scotia

X

L, Y

357 (0.52, 236)

0.5

0.6

Order Cetartiodactyla—Cetacea—Suborder Odontoceti (toothed whales)

Family Physeteridae:

Sperm whale

Physeter macrocephalus

North Atlantic

X

L, Y

2,288 (0.28,1,815)

3.6

0.8

Northern Gulf of Mexico

X

L, Y

763 (0.38, 560)

1.1

0

Puerto Rico and U.S. Virgin Islands

X

L, Y

unk

unk

unk

Family Kogiidae:

Pygmy sperm whale

Kogia breviceps

Western North Atlantic

X

X

NL, N

3,785 (0.47, 2,598)

7

21

3.5

Northern Gulf of Mexico

X

NL, N

186 (1.04, 90)

8

0.9

0.3

Dwarf sperm whale

K. sima

Western North Atlantic

X

X

NL, N

3,785 (0.47, 2,598)

7

21

3.5

Northern Gulf of Mexico

X

NL, N

186 (1.04, 90)

8

0.9

0

Family Ziphiidae (beaked whales):

Cuvier's beaked whale

Ziphius cavirostris

Western North Atlantic

X

NL, N

6,532 (0.32, 5,021)

50

0.4

Northern Gulf of Mexico

X

NL, N

74 (1.04, 36)

0.4

0

Puerto Rico and U.S. Virgin Islands

X

NL, N

Unk

unk

unk

Blainville's beaked whale

Mesoplodon densirostris

Western North Atlantic

X

X

NL, N

7,092 (0.54, 4,632)

9

46

0.2

Northern Gulf of Mexico

X

NL, N

149 (0.91, 77)

0.8

0

Gervais' beaked whale

Mesoplodon europaeus

Western North Atlantic

X

X

NL, N

7,092 (0.54, 4,632)

9

46

0

Northern Gulf of Mexico

X

NL, N

149 (0.91, 77)

0.8

0

Sowerby's beaked whale

Mesoplodon bidens

Western North Atlantic

X

X

NL, N

7,092 (0.54, 4,632)

9

46

0

True's beaked whale

Mesoplodon mirus

Western North Atlantic

X

X

NL, N

7,092 (0.54, 4,632)

9

46

0

Family Delphinidae (dolphins):

Melon-headed whales

Peponocephala electra

Western North Atlantic

X

X

NL, N

unk

unk

0

Northern Gulf of Mexico

X

NL, N

2,235 (0.75, 1,274)

13

0

Risso's dolphin

Grampus griseus

Western North Atlantic

X

X

NL, N

18,250 (0.46, 12,619)

126

49.9

Northern Gulf of Mexico

X

NL, N

2,442 (0.57, 1,563)

16

7.9

Short-finned pilot whales

Globicephala macrorhynchus

Western North Atlantic

X

NL, N

28,924 (0.24, 23,637)

236

168

Northern Gulf of Mexico

X

NL, N

2,415 (0.66, 1,456)

15

0.5

Puerto Rico and U.S. Virgin Islands

X

NL, N

unk

unk

unk

Long-finned pilot whales

Globicephala melas

Western North Atlantic

X

NL, N

5,636 (0.63, 3,464)

35

27

Bottlenose dolphin

Tursiops truncatus

See table 3b

Common dolphin

Delphinus delphis

Western North Atlantic

X

NL, N

70,184 (0.28, 55,690)

557

406

Atlantic spotted dolphin

Stenella frontalis

Western North Atlantic

X

NL, N

44,715 (0.43, 31,610)

316

0

Northern Gulf of Mexico

X

NL, N

unk

unk

42

Puerto Rico and U.S. Virgin Islands

X

NL, N

unk

unk

unk

Pantropical spotted dolphin

Stenella attenuata

Western North Atlantic

X

X

NL, N

3,333 (0.91, 1,733)

17

0

Northern Gulf of Mexico

X

50,880 (0.27, 40,699)

407

4.4

Striped dolphin

Stenella coeruleoalba

Western North Atlantic

X

X

NL, N

54,807 (0.3, 42,804)

428

0

Northern Gulf of Mexico

X

NL, N

1,849 (0.77, 1,041)

10

0

Fraser's dolphin

Lagenodelphis hosei

Western North Atlantic

X

X

NL, N

unk

unk

0

Gulf of Mexico

X

NL, N

unk

undet

0

Rough-toothed dolphin

Steno bredanensis

Western North Atlantic

X

X

NL, N

136 (1.0, 67)

0.7

0

Northern Gulf of Mexico

X

NL, N

624 (0.99, 311)

2.5

0.8

Clymene dolphin

Stenella clymene

Western North Atlantic

X

X

NL, N

unk

undet

0

Northern Gulf of Mexico

X

NL, N

129 (1.0, 64)

0.6

0

Spinner dolphin

Stenella longirostris

Western North Atlantic

X

NL, N

unk

unk

0

Northern Gulf of Mexico

X

NL, N

11,441 (0.83, 6,221)

62

0

Puerto Rico and U.S. Virgin Islands

X

NL, N

unk

unk

unk

Killer whale

Orcinus orca

Western North Atlantic

X

X

NL, N

unk

unk

0

Northern Gulf of Mexico

X

NL, N

28 (1.02, 14)

0.1

0

Pygmy killer whale

Feresa attenuata

Western North Atlantic

X

X

NL, N

unk

unk

0

Northern Gulf of Mexico

X

NL, N

152 (1.02, 75)

0.8

0

False killer whale

Pseudorca crassidens

Western North Atlantic

X

X

NL, N

442 (1.06, 212)

2.1

unk

Northern Gulf of Mexico

X

NL, N

unk

undet

0

Family Phocoenidae (porpoises):

Harbor porpoise

Phocoena phocoena vomerina

Gulf of Maine/Bay of Fundy

X

NL, N

79,833 (0.32, 61,415)

706

255

Order Carnivora—Superfamily Pinnipedia

Family Phocidae (earless seals):

Harbor seal

Phoca vitulina richardii

Western North Atlantic

X

NL, N

75,834 (0.15, 66,884)

2,006

345

Gray seal

Halichoerus grypus

Western North Atlantic

X

NL, N

27,131 (0.19, 23,158)

1,389

5,688

1

Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). NL indicates that the species is not listed under the ESA and is not designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.

2

NMFS marine mammal stock assessment reports at:

www.nmfs.noaa.gov/pr/sars/.

CV is coefficient of variation; N

min

is the minimum estimate of stock abundance.).

3

PBR indicates Potential Biological Removal as referenced from NMFS 2017 SARs. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population. It is the product of minimum population size, one-half the maximum net productivity rate and a recovery factor for endangered, depleted, threatened stocks, or stocks of unknown status relative to OSP.

4

These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (

e.g.,

commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value. All M/SI values are as presented in the 2016 SARs.

5

Humpback whales present off the southeastern U.S. are thought to be predominantly from the Gulf of Maine stock; however, could include animals from Canadian stocks (

e.g.,

Nova Scotia) (NMFS, 2017). Here we provide estimates for the Gulf of Maine stock only as a conservative value.

6

The Bryde's whale is proposed for listing under the ESA (81 FR 88639, December 8, 2016). NMFS decision is pending.

7

This estimate includes both dwarf and pygmy sperm whales in the N. Atlantic stock.

8

This estimate includes both dwarf and pygmy sperm whales in the Gulf of Mexico stock.

9

This estimate includes all species of

Mesoplodon

in the N.Atlantic stock.

Table 3

b

—Bottlenose Dolphin Stocks Potentially Present in the Atlantic, Gulf of Mexico, and Caribbean Research Areas During Fishery Research

Stock

MMPA status

Stock abundance (CV, N

min

)

1

PBR

Annual M/SI

ATLANTIC RESEARCH AREA

Western North Atlantic, Offshore

Not Strategic

77,532 (0.40, 56,053)

561

39.4

Northern Migratory Coastal

Depleted

6,639 (0.41, 4,759)

48

6.1-13.2

Southern Migratory Coastal

Depleted

3,751 (0.06, 2,353)

23

0-14.3

South Carolina & Georgia Coastal

Depleted

6,027 (0.34, 4,569)

46

1.4-1.6

Northern Florida Coastal

Depleted

877 (0.0.49, 595)

6

0.6

Central Florida Coastal

Depleted

1,218 (0.71, 2,851)

9.1

0.4

Northern North Carolina Estuarine System

Strategic

823 (0.06, 782)

7.8

0.8-18.2

Southern North Carolina Estuarine System

Strategic

unk

Undet

0.4-0.6

Northern South Carolina Estuarine System

Strategic

unk

Undet

0.2

Charleston Estuarine System

Strategic

unk

Undet

unk

Northern Georgia/Southern South Carolina Estuarine System

Strategic

unk

undet

1.4

Central Georgia Estuarine System

Strategic

192 (0.04, 185)

1.9

unk

Southern Georgia Estuarine System

Strategic

194 (0.05, 185)

1.9

unk

Jacksonville Estuarine System

Strategic

unk

undet

1.2

Biscayne Bay

Strategic

unk

undet

unk

Florida Bay

Not Strategic

unk

undet

unk

GULF OF MEXICO RESEARCH AREA

Oceanic

Not Strategic

5,806 (0.39, 4,230)

42

6.5

Continental Shelf

Not Strategic

51,192 (0.1, 46,926)

469

0.8

Western Coastal

Not Strategic

20,161 (0.17, 17,491)

175

0.6

Northern Coastal

Not Strategic

7,185 (0.21, 6,004)

60

0.4

Eastern Coastal

Not Strategic

12,388 (0.13, 11,110)

111

1.6

Northern Gulf of Mexico Bay, Sound, and Estuary

2 3

Laguna Madre

Strategic

80 (1.57, unk)

undet

0.4

Nueces Bay, Corpus Christi Bay

Strategic

58 (0.61, unk)

undet

0

Copano Bay, Aransas Bay, San Antonio Bay, Redfish Bay, Espirtu Santo Bay

Strategic

55 (0.82, unk)

undet

0.2

Matagorda Bay, Tres Palacios Bay, Lavaca Bay

Strategic

61 (0.45, unk)

undet

0.4

West Bay

Strategic

48 (0.03, 46)

0.5

0.2

Galveston Bay, East Bay, Trinity Bay

Strategic

152 (0.43, unk)

undet

0.4

Sabine Lake

Strategic

0 (-,-)

undet

0.2

Calcasieu Lake

Strategic

0 (-,-)

undet

0.2

Vermillion Bay, West Cote Blanche Bay, Atchafalaya Bay

Strategic

0 (-,-)

undet

0

Terrebonne Bay, Timbalier Bay

Strategic

3,870 (0.15, 3426)

27

0.2

Barataria Bay

Strategic

2306 (0.09, 2,138)

17

160

Mississippi River Delta

Strategic

332 (0.93, 170)

1.4

0.2

Mississippi Sound, Lake Borgne, Bay Boudreau

Strategic

3,046 (0.06, 2,896)

23

310

Mobile Bay, Bonsecour Bay

Strategic

122 (0.34, unk)

undet

1

Perdido Bay

Strategic

0 (-,-)

undet

0.6

Pensacola Bay, East Bay

Strategic

33 (

undet

unk

Choctawhatchee Bay

Strategic

179 (0.04, unk)

undet

0.4

St. Andrews Bay

Strategic

124 (0.57, unk)

undet

0.2

St. Joseph Bay

Strategic

152 (0.08, unk)

undet

unk

St. Vincent Sound, Apalachicola Bay, St. Georges Sound

Strategic

439 (0.14,-)

undet

0

Apalachee Bay

Strategic

491 (0.39, unk)

undet

0

Waccasassa Bay, Withlacoochee Bay, Crystal Bay

Strategic

unk

undet

0

St. Joseph Sound, Clearwater Harbor

Strategic

unk

undet

0.4

Tampa Bay

Strategic

unk

undet

0.6

Sarasota Bay, Little Sarasota Bay

Strategic

158 (0.27, 126)

1.3

0.6

Pine Island Sound, Charlotte Harbor, Gasparilla Sound, Lemon Bay

Strategic

826 (0.09, -)

undet

1.6

Caloosahatchee River

Strategic

0 (-,-)

undet

0.4

Estero Bay

Strategic

unk

undet

0.2

Chokoloskee Bay, Ten Thousand Islands, Gullivan Bay

Strategic

unk

undet

0

Whitewater Bay

Strategic

unk

undet

0

Florida Keys (Bahia Honda to Key West)

Strategic

unk

undet

0

CARRIBEAN RESEARCH AREA

Puerto Rico and U.S. Virgin Islands

Strategic

unk

undet

unk

1

CV is coefficient of variation; N

min

is the minimum estimate of stock abundance).

2

Details for these 25 stocks are included in the report: Common bottlenose dolphin (Tursiops truncatus truncatus), Northern Gulf of Mexico Bay, Sound, and Estuary Stocks.

3

The total annual human-caused mortality and serious injury for these stocks of common bottlenose dolphins is unknown because these stocks may interact with unobserved fisheries. Also, for Gulf of Mexico BSE stocks, mortality estimates for the shrimp trawl fishery are calculated at the state level and have not been included within mortality estimates for individual BSE stocks. Therefore, minimum counts of human-caused mortality and serious injury for these stocks are presented.

Take reduction planning

—Incidental take of marine mammals in commercial fisheries has been and continues to be a serious issue in the Southeast region. In compliance with section 118 of the MMPA, NMFS has developed and implemented several Take Reduction Plans (TRPs) to reduce serious injuries and mortality of strategic marine mammal stocks that interact with certain commercial fisheries. Strategic stocks are those species listed as threatened or endangered under the ESA, those species listed as depleted under the MMPA, and those species with human-caused mortality that exceeds the PBR for the species. The immediate goal of TRPs is to reduce serious injury and mortality for each species below PBR within six months of the TRP's implementation. The long-term goal is to reduce incidental serious injury and mortality of marine mammals from commercial fishing operations to insignificant levels approaching a zero serious injury and mortality rate, taking into account the economics of the fishery, the availability of existing technology, and existing state or regional fishery management plans.

TRPs relevant to the fisheries research areas in this rule include the Atlantic Large Whale Take Reduction Plan (ALWTRP), the Bottlenose Dolphin Take Reduction Plan (BDTRP), and the Pelagic Longline Take Reduction Plan (PLTRP). The ALWTRP was developed to reduce serious injury and mortality of North Atlantic right, humpback, fin, and minke whales from Northeast/Mid-Atlantic lobster trap/pot, Atlantic blue crab trap/pot, Atlantic mixed species trap/pot, Northeast sink gillnet, Northeast anchored float gillnet, Northeast drift gillnet, Mid-Atlantic gillnet, Southeastern U.S. Atlantic shark gillnet, and Southeastern Atlantic gillnet fisheries (NMFS 2010c). Gear requirements vary by geographic area and date. Universal gear modification requirements and restrictions apply to all traps/pots and anchored gillnets, including: no floating buoy line at the surface; no wet storage of gear (all gear must be hauled out of the water at least once every 30 days); fishermen are encouraged, but not required, to maintain knot-free buoy lines; and all groundlines must be made of sinking line. Additional gear modification requirements and restrictions vary by location, date, and gear type. Additional requirements may include the use of weak links, and gear marking and configuration specifications. Detailed requirements may be found in the regional guides to gillnet and pot/trap gear fisheries available at

http://www.nero.noaa.gov/Protected/

whaletrp/

. The SEFSC MARMAP/SEAMAP-SA Reef Fish Survey (carried out by the SCDNR) and SEFIS (carried

out by the SEFSC) surveys meet the requirements necessary to implement TRP regulations; both surveys abide by all ALWTRP requirements.

In 2006, NMFS implemented the BDTRP to reduce the serious injury and mortality of Western North Atlantic coastal bottlenose dolphins incidental to 13 Category I and II U.S. commercial fisheries. In addition to multiple non-regulatory provisions for research and education, the BDTRP requires modifications of fishing practices or gear for small, medium, and large-mesh gillnet fisheries from New York to Florida, and Virginia pound nets in Virginia state waters (50 CFR 229.35). The BDTRP also established seasonal closures for certain gillnet commercial fisheries in state waters. The following general requirements are contained with BDTRP: Spatial/temporal gillnet restrictions, gear proximity (fishermen must stay within a set distance of gear), gear modifications for gillnets and Virginia pound nets, non-regulatory gear modifications for crab pots, and other non-regulatory conservation measures (71 FR 24776, April 26, 2006; 77 FR 45268, July 31, 2012; and 80 FR 6925, February 9, 2015). Due to substantial differences between SEFSC research fishing practices (

e.g.,

smaller gear size, reduced set time, spatial and temporal differences) and scientific survey methods versus commercial fishing practices, the SEFSC and research partners do not have any surveys that meet the requirements necessary to implement BDTRP regulations. However, the SEFSC would abide by the mitigation, monitoring, and reporting requirements included in this proposed rule.

The Pelagic Longline Take Reduction Plan (PLTRP) addresses incidental serious injury and mortality of long-finned and short-finned pilot whales and Risso's dolphins in commercial pelagic longline fishing gear in the Atlantic. Regulatory measures include limiting mainline length to 20 nm or less within the Mid-Atlantic Bight and posting an informational placard on careful handling and release of marine mammals in the wheelhouse and on working decks of the vessel (NMFS 2009). Currently, the SEFSC uses gear that is only 5 nm long and per the PLTRP, uses the Pelagic Longline Marine Mammal Handling and Release Guidelines for any pelagic longline sets made within the Atlantic EEZ.

Unusual Mortality Events (UME)

—The marine mammal UME program was established in 1991. A UME is defined under the MMPA as a stranding that is unexpected; involves a significant die-off of any marine mammal population; and demands immediate response. From 1991 to present, there have been 62 formally recognized UMEs in the U.S., involving a variety of species and dozens to hundreds of individual marine mammals per event. Twenty-seven of these UMEs have occurred within SEFSC fisheries research operating areas (we note 7 of these UMEs were for manatees managed by the USFWS). For the GOMRA, Litz

et al.

(2014) provides a review of historical UMEs in the Gulf of Mexico from 1990 through 2009. For more information on UMEs, please visit the internet at:

www.nmfs.noaa.gov/pr/health/mmume/events.html.

From 2010 through 2014, NMFS declared a multi-year, multi-cetacean UME in response to the Deepwater Horizon (DWH) oil spill in the Northern Gulf of Mexico. The species and temporal and spatial boundaries included all cetaceans stranded in Alabama, Mississippi, and Louisiana from March 2010 through July 2014 and all cetaceans other than bottlenose dolphins stranded in the Florida Panhandle (Franklin County through Escambia County) from March 2010 through July 2014. The UME involved 1,141 cetacean strandings in the Northern Gulf of Mexico (5 percent stranded alive and 95 percent stranded dead).

The Deepwater Horizon Natural Resource Damage Assessment (NRDA) Trustees' 2016 Final Programmatic Damage Assessment and Restoration Plan (PDARP) and Final Programmatic Environmental Impact Statement (PEIS) quantified injuries to marine mammals in the Gulf of Mexico that were exposed to the oil spill, including bottlenose dolphins in four bay, sound, and estuary areas: Barataria Bay, the Mississippi River Delta, Mississippi Sound, and Mobile Bay (NRDA Trustees, 2016; DWH MMIQT, 2015). Both stocks are estimated to have been reduced significantly in population size from the DWH oil spill (DWH MMIQT 2015; Schwacke et al. 2017). According to the PDARP, 24 percent of the Mississippi Sound stock had adverse health effects from DWH oil spill. Of the pregnant females studied in Barataria Bay and Mississippi Sound between 2010 and 2014, 19.2 percent gave birth to a viable calf. In contrast, dolphin populations in Florida and South Carolina have a pregnancy success rate of 64.7 percent (DWH MMIQT, 2015).

Dolphin and whale species living farther offshore were also affected. Many of these species are highly susceptible to population changes because of their low initial population numbers. Thus, it is unclear how effectively these populations can recover from lower estimated injuries. For example, Deepwater Horizon oil exposure resulted in up to an estimated 7-percent decline in the population of endangered sperm whales, which will require 21 years to recover. For Bryde's whales, 48 percent of the population was impacted by Deepwater Horizon oil, resulting in up to an estimated 22-percent decline in population that will require 69 years to recover. For both nearshore and offshore populations, injuries were most severe in the years immediately following the spill. Health assessments on bottlenose dolphins in BBES and MS Sound have shown that there has been some improvement post spill, but that there are still persistent injuries (Smith et al. 2017).

Biologically Important Areas

In 2015, NOAA's Cetacean Density and Distribution Mapping Working Group identified Biologically Important Areas (BIAs) for 24 cetacean species, stocks, or populations in seven regions (US East Coast, Gulf of Mexico, West Coast, Hawaiian Islands, Gulf of Alaska, Aleutian Islands and Bering Sea, and Arctic) within U.S. waters through an expert elicitation process. BIAs are reproductive areas, feeding areas, migratory corridors, and areas in which small and resident populations are concentrated. BIAs are region-, species-, and time-specific. A description of the types of BIAs found within the SEFSC's fishery research areas follows:

Reproductive Areas:

Areas and months within which a particular species or population selectively mates, gives birth, or is found with neonates or other sensitive age classes.

Feeding Areas:

Areas and months within which a particular species or population selectively feeds. These may either be found consistently in space and time, or may be associated with ephemeral features that are less predictable but can be delineated and are generally located within a larger identifiable area.

Migratory Corridors:

Areas and months within which a substantial portion of a species or population is known to migrate; the corridor is typically delimited on one or both sides by land or ice.

Small and Resident Population:

Areas and months within which small and resident populations occupying a limited geographic extent exist.

The delineation of BIAs does not have direct or immediate regulatory consequences. Rather, the BIA assessment is intended to provide the best available science to help inform regulatory and management decisions

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

Table 4—Biologically Important Areas Within the ARA and GOMRA

BIA name

Species

BIA type

Time of year

Size (km

2

)

ATLANTIC RESEARCH AREA

Eastern Atlantic

N. Atlantic right whale

Migration

North: March-April; South: November-December

269,448

Southeast Atlantic—Calving

N. Atlantic right whale

Reproduction

Mid-Nov-April

43,783

Northern North Carolina Estuarine System—Inland & Coastal

Bottlenose dolphin

Small and resident

July-October

8,199

Northern North Carolina Estuarine System—Coastal

Bottlenose dolphin

Small and resident

July-March

534

Southern North Carolina Estuarine System

Bottlenose dolphin

Small and resident

July-October

783

Prince Inlet, SC; Charleston Harbor; North Edisto River

Bottlenose dolphin

Small and resident

Year-round

152

St. Helena Sound, SC to Ossabaw Sound, GA

Bottlenose dolphin

Small and resident

Year-round

676

Southern Georgia, GA

Bottlenose dolphin

Small and resident

Year-round

411

Jacksonville, FL

Bottlenose dolphin

Small and resident

Year-round

195

Indian River Lagoon Estuarine System

Bottlenose dolphin

Small and resident

Year-round

776

Biscayne Bay, FL

Bottlenose dolphin

Small and resident

Year-round

614

GULF OF MEXICO

Florida Bay, FL

Bottlenose dolphin

Small and resident

Year-round

1,527

Lemon Bay, Charlotte Harbor, Pine Island Sound, FL

Bottlenose dolphin

Small and resident

Year-round

892

Sarasota Bay and Little Sarasota Bay, FL

Bottlenose dolphin

Small and resident

Year-round

117

Tampa Bay, FL

Bottlenose dolphin

Small and resident

Year-round

899

St. Vincent Sound and Apalachicola Bay, FL

Bottlenose dolphin

Small and resident

Year-round

262

St. Joseph Bay, FL

Bottlenose dolphin

Small and resident

Year-round

371

Mississippi Sound, MS

Bottlenose dolphin

Small and resident

Year-round

1,335

Caminada Bay and Barataria Bay, LA

Bottlenose dolphin

Small and resident

Year-round

253

Galveston Bay, TX

Bottlenose dolphin

Small and resident

Year-round

1,222

San Luis Pass, TX

Bottlenose dolphin

Small and resident

Year-round

143

Matagorda Bay and Espiritu Santo Bay, TX

Bottlenose dolphin

Small and resident

Year-round

740

Aransas Pass, TX

Bottlenose dolphin

Small and resident

Year-round

273

Eastern Gulf of Mexico

Bryde's whale

Small and resident

Year round

23,559

Marine Mammal Hearing

Hearing is the most important sensory modality for marine mammals underwater, and exposure to anthropogenic sound can have deleterious effects. To appropriately assess the potential effects of exposure to sound, it is necessary to understand the frequency ranges marine mammals are able to hear. Current data indicate that not all marine mammal species have equal hearing capabilities (

e.g.,

Richardson

et al.

, 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall

et al.

(2007) recommended that marine mammals be divided into functional hearing groups based on directly measured or estimated hearing ranges on the basis of available behavioral response data, audiograms derived using auditory evoked potential techniques, anatomical modeling, and other data. Note that no direct measurements of hearing ability have been successfully completed for mysticetes (

i.e.,

low-frequency cetaceans). Subsequently, NMFS (2016) described generalized hearing ranges for these marine mammal hearing groups. Generalized hearing ranges were chosen based on the approximately 65 dB threshold from the normalized composite audiograms, with the exception for lower limits for low-frequency cetaceans where the lower bound was deemed to be biologically implausible and the lower bound from Southall

et al.

(2007) retained. The functional groups and the associated frequencies are indicated below (note that these frequency ranges correspond to the range for the composite group, with the entire range not necessarily reflecting the capabilities of every species within that group):

• Low-frequency cetaceans (mysticetes): Generalized hearing is estimated to occur between approximately 7 Hz and 35 kHz.

• Mid-frequency cetaceans (larger toothed whales, beaked whales, and most delphinids): Generalized hearing is estimated to occur between approximately 150 Hz and 160 kHz.

• High-frequency cetaceans (porpoises, river dolphins, and members of the genera Kogia and Cephalorhynchus; including two members of the genus Lagenorhynchus, on the basis of recent echolocation data and genetic data): Generalized hearing is estimated to occur between approximately 275 Hz and 160 kHz.

• Pinnipeds in water; Phocidae (true seals): Generalized hearing is estimated to occur between approximately 50 Hz to 86 kHz.

• Pinnipeds in water; Otariidae (eared seals): Generalized hearing is estimated to occur between 60 Hz and 39 kHz.

The pinniped functional hearing group was modified from Southall

et al.

(2007) on the basis of data indicating that phocid species have consistently demonstrated an extended frequency range of hearing compared to otariids, especially in the higher frequency range (Hemilä

et al.,

2006; Kastelein

et al.,

2009; Reichmuth and Holt, 2013).

For more detail concerning these groups and associated frequency ranges, please see NMFS (2016) for a review of available information. Thirty three marine mammal species (31 cetacean and 2 pinniped (both phocid) species) have the reasonable potential to co-occur with the proposed survey activities (Table 3a). Of the cetacean species that may be present, six are classified as low-frequency cetaceans (

i.e.,

all mysticete species), 24 are classified as mid-frequency cetaceans (

i.e.,

all delphinid and ziphiid species and the sperm whale), and 1 is classified as high-frequency cetaceans (

i.e.,

harbor porpoise and Kogia spp.).

Potential Effects of Specified Activities on Marine Mammals and Their Habitat

This section includes a summary and discussion of the ways that components of the specified activity may impact marine mammals and their habitat. The “Estimated Take by Incidental Harassment” section later in this document includes a quantitative analysis of the number of individuals that are expected to be taken by this activity. The “Negligible Impact Analysis and Determination” section considers the content of this section, the “Estimated Take by Incidental Harassment” section, and the “Proposed Mitigation” section, to draw conclusions regarding the likely impacts of these activities on the reproductive success or survivorship of individuals and how those impacts on individuals are likely to impact marine mammal species or stocks.

In the following discussion, we consider potential effects to marine mammals from ship strike, gear interaction (

e.g.,

entanglement in nets and trawls, accidental hooking) and exposure to active acoustic fisheries research sources. We also include, where relevant, knowns takes of marine mammals incidental to previous SEFSC research. These data come from NMFS' Protected Species Incidental Take (PSIT) database, a formal incidental take reporting system that documents incidental takes of protected species by all NMFS Science Centers and partners; NMFS requires this reporting to be completed within 48 hours of the occurrence. The PSIT generates automated messages to NMFS staff, alerting them to the event and to the fact that updated information describing the circumstances of the event has been entered into the database.

Ship Strike

Vessel collisions with marine mammals, or ship strikes, can result in death or serious injury of the animal. Wounds resulting from ship strike may include massive trauma, hemorrhaging, broken bones, or propeller lacerations (Knowlton and Kraus, 2001). An animal at the surface may be struck directly by a vessel, a surfacing animal may hit the bottom of a vessel, or an animal just below the surface may be cut by a vessel's propeller. Ship strikes may kill an animal; however, more superficial strikes may result in injury. Ship strikes generally involve commercial shipping, which is much more common in both space and time than is research activity. Jensen and Silber (2004) summarized ship strikes of large whales worldwide from 1975-2003 and found that most collisions occurred in the open ocean and involved large vessels (

e.g.,

commercial shipping). Commercial fishing vessels were responsible for three percent of recorded collisions, while only one such incident (0.75 percent) was reported for a research vessel during that time period.

The severity of injuries typically depends on the size and speed of the vessel, with the probability of death or serious injury increasing as vessel speed increases (Knowlton and Kraus, 2001; Laist

et al.,

2001; Vanderlaan and Taggart, 2007; Conn and Silber, 2013). Impact forces increase with speed, as does the probability of a strike at a given distance (Silber

et al.,

2010; Gende

et al.,

2011). Pace and Silber (2005) found the predicted probability of serious injury or death increased from 45 to 75 percent as vessel speed increased from 10 to 14 kn, and exceeded ninety percent at 17 kn. Higher speeds during collisions result in greater force of impact and appear to increase the chance of severe injuries or death through increased likelihood of collision by pulling whales toward the vessel (Clyne, 1999; Knowlton

et al.,

1995). In a separate study, Vanderlaan and Taggart (2007) analyzed the probability of lethal mortality of large whales at a given speed, showing that the greatest rate of change in the probability of a lethal injury to a large whale as a function of vessel speed occurs between 8.6 and 15 kn. The chances of a lethal injury decline from approximately eighty percent at 15 kn to approximately twenty percent at 8.6 kn. At speeds below 11.8 kn, the chances of lethal injury drop below fifty percent, while the probability asymptotically increases toward one hundred percent above 15 kn.

In an effort to reduce the number and severity of strikes of the endangered North Atlantic right whale (

Eubalaena glacialis

), NMFS implemented speed restrictions in 2008 (73 FR 60173; October 10, 2008). These restrictions require that vessels greater than or equal to 65 ft (19.8 m) in length travel at less than or equal to 10 kn near key port entrances and in certain areas of right whale aggregation along the U.S. eastern seaboard. Conn and Silber (2013) estimated that these restrictions reduced total ship strike mortality risk levels by eighty to ninety percent.

For vessels used in SEFSC-related research activities, transit speeds average 10 kn (but vary from 6-14 kn), while vessel speed during active sampling is typically only 2-4 kn. At sampling speeds, both the possibility of striking a marine mammal and the possibility of a strike resulting in serious injury or mortality are discountable. At average transit speed, the probability of serious injury or mortality resulting from a strike is less than fifty percent. However, it is possible for ship strikes to occur while traveling at slow speeds. For example, a NOAA-chartered survey vessel traveling at low speed (5.5 kn) while conducting multi-beam mapping surveys off the central California coast struck and killed a blue whale in 2009. The State of California determined the whale had suddenly and unexpectedly surfaced beneath the hull, with the result that the propeller severed the whale's vertebrae, and that this was an unavoidable event. This strike represents the only such incident in approximately 540,000 hours of similar coastal mapping activity (

p

= 1.9 × 10

−

6

; 95% CI = 0-5.5 x 10

−

6

; NMFS, 2013). The NOAA vessel

Gordon Gunter

was conducting a marine mammal survey cruise off the coast of Savannah, Georgia in July 2011, when a group of Atlantic spotted dolphin began bow riding. The animals

eventually broke off and a dead calf was seen in the ship's wake with a large gash that was attributed to the propeller. This is the only documented ship strike by the SEFSC since 2002.

In summary, we anticipate that vessel collisions involving SEFSC research vessels, while not impossible, represent unlikely, unpredictable events. Other than the 2009 and 2011 events, no other ship strikes have been reported from any fisheries research activities nationally. Given the relatively slow speeds of research vessels, the presence of bridge crew watching for obstacles at all times (including marine mammals), the presence of marine mammal observers on some surveys, and the small number of research cruises, we believe that the possibility of ship strike is discountable. Further, the implementation of the North Atlantic ship strike rule protocols will greatly reduce the potential for interactions with North Atlantic right whales. As such, no incidental take resulting from ship strike is anticipated nor is proposed to be authorized; therefore, this potential effect of research will not be discussed further.

Gear Interaction

The types of research gear used by the SEFSC were described previously under “Detailed Description of Activity.” Here, we broadly categorize these gears into those which we believe may result in marine mammal interaction and those which we consider to have an extremely unlikely potential to result in marine mammal interaction. Gears with the potential for marine mammal interaction include trawl nets (

e.g.,

bottom trawls, skimmer trawls), gillnets, and hook and line gear (

i.e.,

longlines). Gears such as fyke nets, eel traps, ROVs, etc. do not have the potential for marine mammal interaction either due to small size of gear and fishing methods, and therefore do not have the potential for injury or harassment.

Entanglement in Nets, Trawls, or Longlines—Gillnets, trawl nets, and longlines deployed by the SEFSC are similar to gear used in various commercial fisheries which have a history of taking marine mammals. Read

et al.

(2006) estimated marine mammal bycatch in U.S. fisheries from 1990-99 and derived an estimate of global marine mammal bycatch by expanding U.S. bycatch estimates using data on fleet composition from the United Nations Food and Agriculture Organization (FAO). Most U.S. bycatch for both cetaceans (84 percent) and pinnipeds (98 percent) occurred in gillnets. However, global marine mammal bycatch in trawl nets and longlines is likely substantial given that total global bycatch is thought to number in the hundreds of thousands of individuals (Read

et al.,

2006). In addition, global bycatch via longline has likely increased, as longlines have become the most common method of capturing swordfish and tuna since the United Nations banned the use of high seas driftnets over 2.5 km long in 1991 (high seas driftnets were previously often 40-60 km long) (Read, 2008; FAO, 2001).

Gear interactions can result in injury or death for the animal(s) involved and/or damage to fishing gear. Coastal animals, including various pinnipeds, bottlenose dolphins, and harbor porpoises, are perhaps the most vulnerable to these interactions and set or passive fishing gear (

e.g.,

gillnets, traps) are the most likely to be interacted with (

e.g.,

Beverton, 1985; Barlow

et al.,

1994; Read

et al.,

2006; Byrd

et al.,

2014; Lewison

et al.,

2014). Although interactions are less common for use of trawl nets and longlines, they do occur with sufficient frequency to necessitate the establishment of required mitigation measures for multiple U.S. fisheries using both types of gear (NMFS, 2014). It is likely that no species of marine mammal can be definitively excluded from the potential for interaction with fishing gear (

e.g.,

Northridge, 1984); however, the extent of interactions is likely dependent on the biology, ecology, and behavior of the species involved and the type, location, and nature of the fishery.

As described above, since 2002, NMFS Science Centers have been documenting and recording all fishery research related incidental takes of marine mammals in PSIT database. There is also a documented take on record from 2001. We present all takes documented by the SEFSC in Table 5.

Table 5—SEFSC Research Gear Interactions With Marine Mammals Since 2001

Survey name

(lead organization)

Species taken

(stock)

Gear type

Date taken

# Killed

1

# Released alive

2

Total taken

ATLANTIC RESEARCH AREA

SEFSC In-Water Sea Turtle Research (SCDNR

3

)

Bottlenose dolphin (South Carolina/Georgia coastal)

Bottom trawl

20 July 2016

1

0

1

SEAMAP-SA Coastal Trawl Survey_Spring (SCDNR)

Bottlenose dolphin (Northern Florida coastal)

Bottom trawl

11 April 2014

1

0

1

SEAMAP-SA Coastal Trawl Survey_Summer (SCDNR)

Bottlenose dolphin (South Carolina/Georgia coastal)

Bottom trawl

2 Aug 2012

1

0

1

In-Water Sea Turtle Trawl Survey (SCDNR)

Bottlenose dolphin (South Carolina/Georgia coastal)

Bottom trawl

11 July 2012

0

1

1

SEAMAP-SA Coastal Trawl Survey_Fall (SCDNR)

Bottlenose dolphin (southern migratory)

Bottom trawl

5 October 2006

1

0

1

SEAMAP-SA Coastal Trawl Survey_Summer (SCDNR)

Bottlenose dolphin (South Carolina/Georgia coastal)

Bottom trawl

28 July 2006

1

0

1

RecFIN Red Drum Trammel Net Survey (SCDNR)

Bottlenose dolphin (Charleston Estuarine System)

Trammel net

22 August 2002

2

0

2

In-Water Sea Turtle Trawl Survey (SCDNR)

Bottlenose dolphin (unk)

Bottom Trawl

2001

3

0

1

1

ARA TOTAL

7

2

9

GULF OF MEXICO RESEARCH AREA

Gulf of Mexico Shark Pupping and Nursery GULFSPAN (SEFSC)

Bottlenose dolphin (Sarasota Bay)

Gillnet

03 July 2018

0

1

1

Gulf of Mexico Shark Pupping and Nursery GULFSPAN (USA/DISL

2

)

Bottlenose dolphin (northern Gulf of Mexico)

Gillnet

15 July 2016

1

0

1

Skimmer Trawl TED Testing (SEFSC)

Bottlenose dolphin (MS Sound, Lake Borgne, Bay Boudreau)

Skimmer trawl

1 October 2014

1

0

1

Skimmer Trawl TED Testing (SEFSC)

Bottlenose dolphin (MS Sound, Lake Borgne, Bay Boudreau)

Skimmer trawl

23 October 2013

0

1

1

SEAMAP-GOM Bottom Longline Survey (ADCNR

3

)

Bottlenose dolphin (Mobile Bay, Bonsecour Bay)

Bottom longline

6 August 2013

0

1 (SI)

1

Gulf of Mexico Shark Pupping and Nursery GULFSPAN (USA/DISL)

Bottlenose dolphin (MS Sound, Lake Borgne, Bay Boudreau)

Gillnet

18 April 2011

1

0

1

GOMRA TOTAL

3

3

6

TOTAL ALL AREAS

3

10

5

15

1

If there was question over an animal's fate after it was released (

e.g.,

it was struggling to breath/swim), it was considered “killed”. Serious injury determinations were not previously made for animals released alive but are now part of standard protocols for released animals and will be reported in stock assessment reports.

2

Animals released alive but were considered seriously injured as marked as SI.

3

This take occurred prior to development of the PSIT database but we include it here because it is documented.

4

There have been no SEFSC fishery research-related takes of marine mammals in the CRA.

Gillnets

—According to the PSIT database, there are five documented takes of marine mammals (2 ARA, 3 GOMRA) incidental to SEFSC gillnet fishery research since 2002. On August 22, 2002, two bottlenose dolphins belonging to the Charleston Estuarine System stock became entangled in a trammel net (a type of gillnet) during the RecFIN Red Drum Trammel Net survey. One animal died before biologists could untangle it. The second animal was disentangled and released but it was listless; and, when freed, it sank and no subsequent resurface or breath was observed. Both animals were documented as a mortality. On April 18, 2013, a single bottlenose dolphin calf became entangled during the Gulf of Mexico Shark Pupping and Nursery (GULFSPAN) survey. On July 15, 2016, the lead line of a gillnet used for the same survey became wrapped around the fluke of an adult bottlenose dolphin. Both animals were considered part of the Northern Gulf of Mexico coastal stock and documented as taken by mortality. Most recently, on July 3, 3018, a dolphin from the Sarasota Bay stock was entangled in a GULFSPAN survey gillnet. Researchers were attending the net when the dolphin became entangled and were able to respond immediately. All gear was removed from the animal, no injuries were observed, and the dolphin was observed breathing multiple times after release.

TPWD also has a history of taking bottlenose dolphins during gillnet fisheries research. In 35 years of TPWD gill net sampling (1983-2017), and with over 26,067 gillnet sets, there have been 32 to 35 dolphin entangled in the net (range is due to possible double counting incidents or two animals being entangled at the same time but logged as one incident during early years of reporting). According to the incident reports submitted to NMFS, 7 encounters (comprising eight animals) resulted in mortality, 2 were serious injury, 14 animals were released alive, and the condition of 10 animals was recorded as unknown.

Commercial gillnet fisheries are also implicated in taking marine mammals. In the ARA, the mid-Atlantic gillnet fishery has the highest documented level of mortality of coastal morphotype common bottlenose dolphins. The sink gillnet gear in North Carolina is the largest component in terms of fishing effort and observed takes (Waring

et al.

2015). The SEFSC does not use sink gillnets in the ARA. The North Carolina Division of Marine Fisheries (NCDMF) has operated systematic coverage of the fall (September-December) flounder gillnet fishery (greater 5 in. mesh) in Pamlico Sound. In May 2010, NCDMF expanded the observer coverage to include gillnet effort using nets greater than 4 in. mesh in most internal state waters and throughout the year, with a goal of 7-10 percent coverage. No bycatch of bottlenose dolphins has been recorded by state observers, although stranding data continue to indicate interactions with this fishery occur. One gillnet take has also occurred in commercial fishing off a Florida's east coast in March 2015 (eastern coastal stock); the animal was released alive but considered seriously injured. In the GOMRA, no marine mammal mortalities associated with commercial gillnet fisheries have been reported or observed despite observer coverage on commercial fishing vessels in Alabama, Mississippi, and Louisiana since 2012 (Waring

et al.

2016).

Trawl nets

—As described previously, trawl nets are towed nets (

i.e.,

active fishing) consisting of a cone-shaped net with a codend or bag for collecting the fish and can be designed to fish at the bottom, surface, or any other depth in the water column. Trawls are categorized as bottom, skimmer or mid-water trawls based on where they are towed in the water column. Trawl nets have the potential to capture or entangle marine mammals. The likelihood of an animal being caught in a skimmer trawl is less than a bottom trawl because the gear can be observed directly; the SEFSC research permit 20339 authorizing research on sea turtles contains monitoring and mitigation measures related to marine mammals during skimmer trawling.

Globally, at least seventeen cetacean species are known to feed in association with trawlers and individuals of at least 25 species are documented to have been killed by trawl nets, including several large whales, porpoises, and a variety of delphinids (Young and Iudicello, 2007; Karpouzli and Leaper, 2004; Hall

et al.,

2000; Fertl and Leatherwood, 1997; Northridge, 1991; Song

et al.,

2010). Fertl and Leatherwood (1997) provide a comprehensive overview of marine mammal-trawl interactions, including foraging behavior and considerations regarding entanglement risks. Capture or entanglement may occur whenever marine mammals are swimming near the gear, intentionally (

e.g.,

foraging) or unintentionally (

e.g.,

migrating), and any animal captured in a net is at significant risk of drowning unless quickly freed. Animals can also be captured or entangled in netting or tow lines (also called lazy lines) other than the main body of the net; animals may become entangled around the head, body, flukes, pectoral fins, or dorsal fin.

Interaction that does not result in the immediate death of the animal by drowning can cause injury (

i.e.,

Level A harassment) or serious injury. Constricting lines wrapped around the animal can immobilize the animal or injure by cutting into or through blubber, muscles and bone (

i.e.,

penetrating injuries) or constricting blood flow to or severing appendages. Immobilization of the animal can cause internal injuries from prolonged stress and/or severe struggling and/or impede the animal's ability to feed (resulting in starvation or reduced fitness) (Andersen

et al.,

2008).

As described in the

Description of Specific Activity

section, all trawls have lazy lines. For otter trawls, conventional lazy lines are attached at their forward end to the top/back edge of the inside trawl door closest to the vessel and at their aft end to either a “choker strap” that consists of a line looped around the forward portion of the codend or a ring in the “elephant ear,” which is a triangle of reinforced webbing sewn to the codend. Both “choker straps” and “elephant ears” act as lifting straps to bring the codend onboard the vessel. The length of the lazy line is dependent on trawl size with conventional lazy lines having sufficient length to allow the codend of the trawl to be hauled to the side of the vessel after trawls have been retrieved. The lazy line is routed through a block and wound around a capstan to lift the codend to the side of the boat where the catch can be easily emptied on deck. During active commercial trawling, the lazy line is long enough to form a 10-12 ft loop behind the codend. When traditional polypropylene rope is used, this loop floats even with or slightly above and behind the codend. It is in this loop section where many lazy line dolphin interactions have been observed.

Lazy lines are most commonly made from polypropylene. Because polypropylene is manufactured in a manner that produces soft lay rope, it is limber and can be dropped in a pile. This property lends to the potential risk of half hitching around bottlenose dolphin flukes when they interact with the line. In addition, polypropylene rope does not absorb water or lose strength when wet and becomes prickly to the touch as it ages, which may contribute to bottlenose dolphin rubbing behavior.

When interacting with lazy lines, bottlenose dolphins are often observed rubbing, corkscrewing, or biting the aft portion of the line ahead of the point of attachment on the trawl (Greenman 2012). Although reasons for these behaviors are poorly understood, this type of interaction poses an entanglement threat. When corkscrewing on the lazy line, animals run the risk of the line wrapping around their fluke in a half-hitch preventing escapement. Soldevilla

et al.

(2016) provided bottlenose dolphin bycatch estimates for the Gulf of Mexico (GOM) shrimp otter trawl fishery for 2012-2014. The study found interactions with lazy lines represented the most common mode of entanglement observed.

The SEFSC Harvesting Systems Unit (HSU) has conducted limited research examining the potential use of lazy lines constructed of alternative materials. In 2007, the HSU conducted preliminary diver assisted trials with polydac and polyester hard lay ropes as a replacement for traditional polypropylene. Polydac rope

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Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southeast Fisheries Science Center and Texas Parks and Wildlife Department Fisheries Research · 84 FR 6576 | Frix