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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules vulnerability, the request is for the same number per year as the reference species. In those cases thought to have similar vulnerability, the request is less than the reference species. For example, the NEFSC believes the vulnerability of harbor seals to be taken in gillnets is the same as for gray seals one per year and thus requests one harbor seal per year total of 5 over the authorization period. Alternatively, the potential for take of Atlantic white-sided dolphins in gillnets is expected to be similar to harbor porpoise one per year, and the reduced request relative to this reference species is one Atlantic white sided dolphin over the entire five-year authorization period.
The approach outlined here reflects:
1 Concern that some species with which we have not had historical interactions may interact with these gears, 2 acknowledgment of variation between sets, and 3 understanding that many marine mammals are not solitary so if a set results in take, the take could be greater than one animal. In these particular instances, the NEFSC
estimates the take of these species to be equal to the maximum interactions per any given set of a reference species historically taken during 20042019.
TrawlsTo estimate the requested taking of analogous species, the NEFSC
identified several species in the western North Atlantic Ocean which may have similar vulnerability to research-based trawls as the short-beaked common dolphin. Short-beaked common dolphins were taken in 2004 two individuals in one trawl set and in 2019 one dolphin during a bottom trawl. The NEFSC therefore estimates one take of a short-beaked common dolphin per year over the 5-year period to be precautionary i.e., five total. On the basis of similar vulnerability of other dolphin species, the NEFSC
estimates two potential takes over the five-year authorization period for each of the following species in trawls:
Rissos dolphin, common bottlenose dolphin offshore and northern coastal migratory stock, Atlantic-white-sided dolphin, white-beaked dolphin, Atlantic spotted dolphin, and harbor porpoise.
For these species, we propose to authorize a total taking by M/SI of two individuals over the five-year timespan Table 10.
In light of the low level of interaction and the mitigation measures to specifically reduce interactions with dolphins during COASTSPAN surveys such as hand-checking the gill net every 20 minutes, no takes are requested from the Southern Migratory, Coastal or Estuarine stocks of common bottlenose dolphin. Other dolphin species may
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have similar vulnerabilities as those listed above but because of the timing and location of NEFSC research activities, the NEFSC concluded that the likelihood for take of these species was low and therefore is not requesting, nor it NMFS proposing to authorize, take for the following species: Pantropical spotted dolphin, striped dolphin, Frasers dolphin, rough-toothed dolphin, Clymene dolphin, and spinner dolphin.
In 2015, one gray seal was killed during a trawl survey. Similar to other gear, the NEFSC believes that harbor seals have a similar vulnerability for incidental take as gray seals in this type of gear. To be conservative, for the period of this authorization, the NEFSC
has requested one take by trawl for harbor seals each year over the five-year authorization period. Thus, for harbor and gray seals, we propose to authorize a total taking by M/SI of five individuals over the five-year timespan for trawl gear Table 10.
GillnetsTo estimate the requested take of analogous species for gillnets, the NEFSC identified several species in the western North Atlantic Ocean which may have similar vulnerability to research-based gillnet surveys as the short-beaked common dolphindue to similar behaviors and distributions in the survey areas.
Gillnet surveys typically occur nearshore in bays and estuaries. One gray seal and one harbor porpoise were caught during a Northeast Fisheries Observer Program training gillnet survey. The NEFSC believes that harbor seals have the same vulnerability to be taken in gillnets as gray seals and therefore estimates five takes of harbor seals in gillnets over the five-year authorization period. For this species, we propose to authorize a total taking by M/SI of five individuals over the fiveyear timespan see Table 10.
Likewise, the NEFSC believes that Atlantic white-sided dolphins and short-beaked common dolphins have a similar vulnerability to be taken in gillnets as harbor porpoise and bottlenose dolphins Waring et al., 2014 and estimates one take each of Atlantic white-sided dolphin and shortbeaked common dolphin in gillnet gear over the five-year authorization period.
For these species, we propose to authorize a total taking by M/SI of one individual per species over the fiveyear timespan Table 10.
In 2008, a cooperating institution conducting the COASTSPAN gillnet survey in South Carolina caught and killed one bottlenose dolphin. Despite years of effort since that time, this was the only occurrence of incidental take in
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these surveys. The survey now imposes strict monitoring and mitigation measures see sections below on Proposed Mitigation and Proposed Monitoring and Reporting. With regard to common bottlenose dolphins, M/SI
takes are only requested for offshore and Northern migratory stocks 10 total over the 5-year period. Given the lack of recent take and the implementation of additional monitoring and mitigation measures, the NEFSC is not requesting, and NMFS is not proposing to authorize, take of bottlenose dolphins belonging to the Southern Coastal Migratory or Estuarine stocks as the NEFSC considers there to be a remote chance of incidentally taking a bottlenose dolphin from the estuarine stocks. However, in the future, if there is a bottlenose dolphin take from the estuarine stocks as confirmed by genetic sampling, the NEFSC will reconsider its take request in consultation and coordination with OPR and the Atlantic Bottlenose Dolphin Take Reduction Team.
In 2009, one gray seal was killed during a gillnet survey. Similar to other gear, the NEFSC believes that harbor seals have a similar vulnerability for incidental take as gray seals in this type of gear. To be conservative, for the period of this authorization, the NEFSC
has requested one take by gillnet for harbor seals each year over the five-year authorization period. Thus, for harbor and gray seals, we propose to authorize a total taking by M/SI of five individual over the five-year timespan Table 10.
Fyke netsFor fyke nets, the NEFSC
believes that gray seals have a similar vulnerability for incidental take as harbor seals which interacted once in a single fyke net set during the past 11
years. However, to be conservative, for the period of this authorization, the NEFSC has requested one take by fyke net for gray seals each year over the fiveyear authorization period. Thus, for gray seals, we propose to authorize a total taking by M/SI of five individual over the five-year timespan Table 10.
LonglinesWhile the NEFSC has not historically interacted with large whales or other cetaceans in its longline gear, it is well documented that some of these species are taken in commercial longline fisheries. The 2020 List of Fisheries classifies commercial fisheries based on prior interactions with marine mammals. Although the NEFSC used this information to help make an informed decision on the probability of specific cetacean and large whale interactions with longline gear, many other factors were also taken into account e.g., relative survey effort, survey location, similarity in gear type,
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