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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules TABLE 7HISTORICAL INTERACTIONS WITH GILLNET GEAR
Gear
Survey
Date
Gillnet

COASTSPAN

Gillnet

NEFOP Observer Gillnet Training Trips.
NEFOP Observer Gillnet Training Trips.

Number killed
Species
Total
1

0

1

5/4/2009

Common Bottlenose dolphin Northern South Carolina Estuarine System stock 1.
Gray seal

1

0

1

5/4/2009

Harbor porpoise

1

0

1

Total individuals captured total number of interactions given in parentheses.

Bottlenose dolphin 1

1

0

1

Gray seal 1
Harbor porpoise 1

1
1

0
0

1
1

Gillnet

11/29/2008

Number released alive
1 In 2008, the COASTSPAN gillnet survey caught and killed one common bottlenose dolphin in 2008 while a cooperating institution was conducting the survey in South Carolina. This was the only occurrence of incidental take in these surveys. Although no genetic information is available from this dolphin, based on the location of the event, NMFS retrospectively assigned this mortality to the Northern South Carolina Estuarine System stock in 2015 from the previous classification as the western North Atlantic stock Waring et al., 2014.

TABLE 8HISTORICAL INTERACTIONS WITH FYKE NET GEAR
Gear
Survey
Fyke Net

Date
Maine Estuaries Diadromous Survey.

Number killed
Species
Number released alive
10/25/2010

Harbor seal

1

0

Total

1

0

1

The NEFSC has no recorded interactions with any gear other than midwater and bottom trawl, gillnet, and fyke net gears. As noted previously in Potential Effects of the Specified Activity on Marine Mammals, we anticipate future interactions with the same gear types.
In order to use these historical interaction records in a precautionary manner as the basis for the take estimation process, and because we have no specific information to indicate
whether any given future interaction might result in M/SI versus Level A
harassment, we conservatively assume that all interactions equate to mortality.
In order to estimate the potential number of incidents of M/SI take that could occur incidental to the NEFSCs use of midwater and bottom trawl, gillnet, fyke net, and longline gear in the Atlantic coast region over the five-year period the rule would be effective 20212026, we first look at the six species described that have been taken
Total 1

historically and then evaluate the potential vulnerability of additional species to these gears.
Table 9 shows the average annual captures rate of these six species and the projected five-year totals for this proposed rule, for trawl, gillnet, and fyke net gear. Below we describe how these data were used to estimate future take for these and proxy species which also have the potential to be taken.

TABLE 9AVERAGE RATE OF ANIMAL GEAR INTERACTION FROM 20042020
Average rate per year 20042020

Gear
Species
Trawl

Short-beaked common dolphin
Minke whale
Gray seal
Common bottlenose dolphin
Harbor porpoise
Gray seal
Harbor seal

Gillnet
Fyke net

The NEFSC only estimated takes for NEFSC gear that: 1 Had a prior take in the historical record, or 2 by analogy to commercial fishing gear. Further, given the rare events of M/SI in NEFSC
fishery research, the NEFSC binned gear into categories e.g., trawls rather than partitioning take by gear, as it would
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result in estimated takes that far exceed the recorded take history.
Vulnerability of analogous species to different gear types is informed by the record of interactions by the analogous and reference species with commercial fisheries using gear types similar to those used in research. Furthermore,
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when determining the amount of take requested, we make a distinction between analogous species thought to have the same vulnerability for incidental take as the reference species and those analogous species that may have a similar vulnerability. In those cases thought to have the same
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