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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
AprilNovember; and rotary screw trap surveys from AprilJune.
We anticipate that trawl and fyke net surveys may disturb harbor seals and gray seals hauled out on tidal ledges through physical presence of researchers. The NEFSC conducts these surveys in upper Penobscot Bay above Fort Point Ledge where there is only one minor seal ledge Odum Ledge used by approximately 50 harbor seals i.e., based on a June 2001 survey. In 2017, only 20 seals were observed in the water during the Penobscot Bay surveys
NEFSC 2018 as described below.
Although one cannot assume that the number of seals using this region is stable over the AprilNovember survey period; use of this area by seals likely lower in spring and autumn.
There were no observations of gray seals in the 2001 survey, but recent anecdotal information suggests that a few gray seals may share the haulout site. These fisheries research activities do not entail intentional approaches to seals on ledges i.e., boats avoid close approach to tidal ledges and no gear is
deployed near the tidal ledges; only behavioral disturbance incidental to small boat activities is anticipated. It is likely that some pinnipeds on the ledges would move or flush from the haulout into the water in response to the presence or sound of NEFSC survey vessels. Behavioral responses may be considered according to the scale shown in Table 15. We consider responses corresponding to Levels 23 to constitute Level B harassment.

TABLE 15SEAL RESPONSE TO DISTURBANCE
Level
Type of response
Definition
1

Alert

2

Movement

3

Flush

Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animals body length.
Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animals body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees.
All retreats flushes to the water.

Only two research projects would involve the physical presence of researchers that may result in Level B
incidental harassment of pinnipeds on haulouts. These surveys would occur in Penobscot Bay. Seals observed by NEFSC researchers on haulouts and in adjacent waters from 2017 through 2020
are presented in Table 16. The 2016
final rule 81 FR 53061 estimated that all hauled out seals could be disturbed
by passing research skiffs. This was a conservative assumption given that only 20 seals were observed in the water during the actual 2017 Penobscot Bay surveys NEFSC 2018b, and researchers have estimated that only about 10
percent of hauled out seals had been visibly disturbed in the past NMFS
2016. Thus, for this proposed rule, it is assumed that 10 percent of the animals hauled out could be flushed into the
water and taken. The resulting requested take is estimated based on the number of days per year the activity might take place, times the number of seals potentially affected 10 percent of the number hauled. Table 17 provides the estimated annual and 5-year takes of harbor and gray seals due to behavioral harassment during surveys in the lower estuary of the Penobscot River.

TABLE 16SEALS OBSERVED IN PENOBSCOT BAY DURING HYDROACOUSTIC SURVEYS FROM 20172020
2017
Species
Count on haulout
Harbor seals
Gray seals

2018

Count in water
242
2

Count on haulout
65
17

2019

Count in water
401
11

Count on haulout
52
2

Count in water
330
33

50
29

TABLE 17ESTIMATED TAKE, BY LEVEL B HARASSMENT, OF PINNIPEDS DURING PENOBSCOT RIVER SURVEYS
Estimated number of seals hauled out1

Common name
Harbor seals
Gray seals

400
30

Summary of Estimated Incidental Take Here we provide summary tables detailing the total proposed incidental
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Estimated number of seals potentially disturbed per day2

Estimated annual instances of harassment Fyke net 100
DAS

40
3

Mamou shrimp trawl 12 DAS

4,000
300

take authorization on an annual basis for the NEFSC in the Atlantic coast region, as well as other information
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480
36

Total
5-Year total harassment takes requested all gears
4,480
336

relevant to the negligible impact analyses.

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04JNP2

22,400
1,680