# Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southeast Fisheries Science Center and Texas Parks and Wildlife Department Fisheries Research > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2019-02738 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** February 27, 2019 - **Citation:** 84 FR 6576 ## Text 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2019-02738. Public record. Not legal advice.