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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules also alter the geochemistry of the seafloor and the water column, but impacts of alteration of turbidity and geochemistry in the water column are not very well understood Stevenson, Chiarella et al. 2004. These types of effects from fisheries research activities would be periodic, temporary, and localized and are considered negligible.
As described in the preceding, the potential for NEFSC research to affect the availability of prey to marine mammals or to meaningfully impact the quality of physical or acoustic habitat is considered to be insignificant for all species. Effects to marine mammal habitat will not be discussed further in this document.
Estimated Take This section provides an estimate of the number of incidental takes proposed for authorization through this IHA, which will inform both NMFS
consideration of small numbers and the negligible impact determination.
Except with respect to certain activities not pertinent here, section 318 of 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.
Take of marine mammals incidental to NEFSC research activities could occur as a result of 1 injury or mortality due to gear interaction Level A harassment, serious injury, or mortality; 2 behavioral disturbance resulting from the use of active acoustic sources Level B harassment only; or 3
behavioral disturbance of pinnipeds resulting from incidental approach of researchers and research vessels Level B harassment only. Below we describe how the potential take is estimated.
Estimated Take Due to Gear Interaction To estimate the number of potential takes that could occur by M/SI and Level A through gear interaction, consideration of past interactions between gear i.e., trawl, gillnet, and fyke gear used by NEFSC and specific marine mammal species provides important context. We also considered other species that have not been taken by NEFSC but are similar enough in nature and behavioral patterns as to consider them having the potential to be entangled. As described in the Potential Effects of Marine Mammals and their Habitat section, NEFSC has a history of taking marine mammals in fishing gear, albeit a very small amount compared to the amount of fishing effort. From 20042015, eight marine mammals were killed in interactions with trawl gear common dolphin, gray
seal, six were killed due to capture in gillnets Common bottlenose, Northern South Carolina estuarine stock, gray seal, harbor porpoise and bottlenose dolphin, and one suffered mortality in a fyke net harbor seal. Also over that time period, one minke whale was caught in trawl gear and released alive.
We note these interactions occurred prior to implementation of the existing regulations which heightened mitigation and monitoring efforts. From 2016
2018, no marine mammals were taken incidental to fishing. A lethal take of a common dolphin during a Cooperative Research NTAP cruise sponsored by the Center occurred in late September 2019.
The gear was a 4 seam 3 bridle Bigelow net with a spread restrictor cable. In 2020, no takes occurred.
Historical InteractionsIn order to estimate the number of potential incidents of take that could occur by M/
SI through gear interaction, we first consider the NEFSCs past record of such incidents, and then consider in addition other species that may have similar vulnerabilities to the NEFSCs trawl, gillnet, and fyke net gear for which we have historical interaction records. We describe historical interactions with NEFSC research gear in Tables 6, 7, and 8. Available records are for the years 2004 through the present. Please see Figure 4.22 in the NEFSC EA for specific locations of these incidents up through 2020.

TABLE 6HISTORICAL INTERACTIONS WITH TRAWL GEAR
Gear
Survey
Date
Gourock high speed midwater rope trawl.
Bottom trawl 4-seam, 3 bridle.
Gourock high speed midwater rope trawl.
Bottom trawl 4-seam, 3 bridle.
Bottom trawl 4-seam, 3 bridle.

Atlantic Herring Survey

10/8/2004

NEFSC Standard Bottom Trawl Survey.
Atlantic Herring Survey

11/11/2007

Number killed
Species
10/11/2009

Short-beaked common dolphin Western NA stock.
Short-beaked common dolphin Western NA stock.
Minke whale

Spring Bottom Trawl Survey
4/4/15

Gray seal

Cooperative NTAP

9/24/19

Total individuals captured total number of interactions given in parentheses.

Number released alive
Total
2

0

2

1

0

1

0

11

1

21

0

1

Short-beaked common dolphin Western NA stock.

1

0

1

Short-beaked common dolphin 4.
Minke whale 1
Gray seal 1

4

0

4

0
1

1
0

1
1

1 According to the incident report, The nets cod end and whale were brought aboard just enough to undo the cod end and free the whale. It was on deck for about five minutes. While on deck, it was vocalizing and moving its tail up and down. The whale swam away upon release and appeared to be fine. Estimated length was 19 feet. The NEFSC later classified this incidental take as a serious injury using NMFS criteria for such determinations published in January 2012 Cole and Henry, 2013.
2 The NEFSC filed an incident report for this incidental take on April 4, 2015.

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