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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules may use best professional judgment in making this decision;
5 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must implement standard survey protocols, including continuously monitoring the gillnet gear during soak time and removing debris with each pass as the net is reset into the water to minimize bycatch;
6 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must ensure that surveys deploy acoustic pingers on gillnets in areas where required for commercial fisheries.
NEFSC must ensure that the devices are operating properly before deploying the net;
7 NEFSC must ensure that cooperating institutions, contracted vessels, or commercially-hired captains conducting gillnet surveys adhere to monitoring and mitigation requirements and must include required protocols in all survey instructions, contracts, and agreements;
8 For the COASTSPAN gillnet surveys, the NEFSC will actively monitor for potential bottlenose dolphin entanglements by hand-checking the gillnet every 30 minutes; and 9 NEFSC will set only new or fully repaired gill nets, and modify nets to avoid large vertical gaps between float line and net as well as lead line and net when set.
f Pot and trap survey protocols:
1 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must deploy pot gear as soon as is practicable upon arrival at the sampling station;
2 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must initiate marine mammal watches visual observation no less than 30 minutes prior to both deployment and retrieval of the pot and trap gear. Marine mammal watches must be conducted by scanning the surrounding waters with the naked eye and binoculars or monocular. During nighttime operations, visual observation must be conducted using the naked eye and available vessel lighting;
3 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must implement the following move-on rule. If marine mammals are sighted within 1 nmi of the planned location in the 15 minutes before gear deployment, the NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains, as appropriate, may decide to move the
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vessel away from the marine mammal to a different section of the sampling area if the animal appears to be at risk of interaction with the gear, based on best professional judgement. If, after moving on, marine mammals are still visible from the vessel, the NEFSC, and/or its cooperating institutions, contracted vessels, or commercially-hired captains may decide to move again or to skip the station;
4 If marine mammals are sighted near the vessel during the soak and are determined to be at risk of interacting with the gear, then the NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must carefully retrieve the gear as quickly as possible. The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains may use best professional judgment in making this decision;
5 The NEFSC and/or its cooperating institutions, contracted vessels, or commercially-hired captains must ensure that surveys deploy gear fulfilling all Pot/Trap universal commercial gear configurations such as weak link requirements and marking requirements as specified by applicable take reduction plans as required for commercial pot/trap fisheries; and 6 The NEFSC must ensure that its cooperating institutions, contracted vessels, or commercially-hired captains conducting pot and trap surveys adhere to monitoring and mitigation requirements and must include required protocols in all survey instructions, contracts, and agreements.
g Fyke net gear protocols:
1 NEFSC must conduct fyke net gear deployment as soon as is practicable upon arrival at the sampling station;
2 NEFSC must visually survey the area prior to both deployment and retrieval of the fyke net gear. NEFSC
must conduct monitoring and retrieval of the gear every 12- to 24-hour soak period;
3 If marine mammals are in close proximity approximately 328 feet 100
meters of the set location, NEFSC must determine if the net should be removed from the water and the set location should be moved using best professional judgment;
4 If marine mammals are observed to interact with the gear during the setting, NEFSC must remove the gear from the water and implement best handling practices; and 5 NEFSC must install and use a marine mammal excluder device at all times when the 2-meter fyke net is used.
h Rotary screw trap gear protocols:
1 NEFSC must conduct rotary screw trap deployment as soon as is
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practicable upon arrival at the sampling station;
2 NEFSC must visually survey the area prior to both setting and retrieval of the rotary screw trap gear. If marine mammals are observed in the sampling area, NEFSC must suspend or delay the sampling. NEFSC may use best professional judgment in making this decision;
3 NEFSC must tend to the trap on a daily basis to monitor for marine mammal interactions with the gear; and 4 If the rotary screw trap captures a marine mammal, NEFSC must remove gear and and implement best handling practices.
219.36 Requirements for monitoring and reporting.

a Compliance coordinatorNEFSC
shall designate a compliance coordinator who shall be responsible for ensuring compliance with all requirements of any LOA issued pursuant to 216.106 of this chapter and 219.7 and for preparing for any subsequent requests for incidental take authorization.
b Visual monitoring program:
1 Marine mammal visual monitoring must occur: Prior to deployment of beam, mid-water, and bottom trawl, bottom and pelagic longline, gillnet, fyke net, pot, trap, and rotary screw trap gear; throughout deployment of gear and active fishing of all research gears; and throughout retrieval of all research gear;
2 Marine mammal watches must be conducted by watch-standers those navigating the vessel and/or other crew at all times when the vessel is being operated;
3 NEFSC must monitor any potential disturbance of pinnipeds on ledges, paying particular attention to the distance at which different species of pinniped are disturbed. Disturbance must be recorded according to a threepoint scale of response to disturbance;
and 4 The NEFSC must continue to conduct a local census of pinniped haulout areas prior to conducting any fisheries research in the Penobscot River estuary. The NEFSCs census reports must include an accounting of disturbance based on the three-point scale of response severity metrics.
c Training:
1 NEFSC must conduct annual training for all chief scientists and other personnel including its cooperating institutions, contracted vessels, or commercially-hired captains who may be responsible for conducting dedicated marine mammal visual observations to explain mitigation measures and monitoring and reporting requirements,
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