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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules 219.34

2. Amend Subpart D to part 219 to read as follows:

Subpart DTaking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region Sec.
219.31 Specified activity and specified geographical region.
219.32 Effective dates.
219.33 Permissible methods of taking.
219.34 Prohibitions.
219.35 Mitigation requirements.
219.36 Requirements for monitoring and reporting.
219.37 Letters of Authorization.
219.38 Renewals and modifications of Letters of Authorization.
219.39 Reserved 219.40 Reserved
Subpart DTaking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region 219.31 Specified activity and specified geographical region.

a Regulations in this subpart apply only to the National Marine Fisheries Services NMFS Northeast Fisheries Science Center and those persons it authorizes or funds to conduct activities in the area outlined in paragraph b of this section during research survey program operations.
b The incidental taking of marine mammals by Northeast Fisheries Science Center may be authorized in a Letter of Authorization LOA only if it occurs within the Northeast and Southeast Large Marine Ecosystem.
219.32

Effective dates.

Regulations in this subpart are effective from September 10, 2021
through September 9, 2026.
219.33

Permissible methods of taking.

a Under LOAs issued pursuant to 216.106 of this chapter and 219.37, the Holder of the LOA hereinafter NEFSC may incidentally, but not intentionally, take marine mammals within the area described in 219.31b of this chapter by Level B harassment associated with use of active acoustic systems and physical or visual disturbance of hauled out pinnipeds and by Level A harassment, serious injury, or mortality associated with use of trawl, dredge, bottom and pelagic longline, gillnet, pot and trap, and fyke net gears, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA.

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Prohibitions.

Except for takings contemplated in 219.33 and authorized by a LOA
issued under 216.106 of this chapter and 219.37, it shall be unlawful for any person to do any of the following in connection with the activities described in 219.31:
a Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under 216.106 of this chapter and 219.37;
b Take any marine mammal not specified in such LOA;
c Take any marine mammal specified in such LOA in any manner other than as specified;
d Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or e Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses.
219.35

Mitigation requirements.

When conducting the activities identified in 219.31a, the mitigation measures contained in any LOA issued under 216.106 of this chapter and 219.37 must be implemented. These mitigation measures must include but are not limited to:
a General conditions:
1 NEFSC must take all necessary measures to coordinate and communicate in advance of each specific survey with the National Oceanic and Atmospheric Administrations NOAA Office of Marine and Aviation Operations OMAO or other relevant parties on non-NOAA platforms to ensure that all mitigation measures and monitoring requirements described herein, as well as the specific manner of implementation and relevant eventcontingent decision-making processes, are clearly understood and agreed upon;
2 NEFSC must coordinate and conduct briefings at the outset of each survey and as necessary between the ships crew Commanding Officer/
master or designees, contracted vessel owners, as appropriate and scientific party or in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures;
3 NEFSC must coordinate as necessary on a daily basis during survey cruises with OMAO personnel or other relevant personnel on non-NOAA
platforms to ensure that requirements, procedures, and decision-making
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processes are understood and properly implemented;
4 When deploying any type of sampling gear at sea, NEFSC must at all times monitor for any unusual circumstances that may arise at a sampling site and use best professional judgment to avoid any potential risks to marine mammals during use of all research equipment;
5 All vessels must comply with applicable and relevant take reduction plans, including any required use of acoustic deterrent devices;
6 If a NEFSC vessel 65 ft or longer is traveling within a North Atlantic right whale Seasonal Management Area, the vessel shall not exceed 10 knots in speed. When practicable, all NEFSC
vessels traveling within a Dynamic Management Area shall not exceed 10
knots in speed;
7 All NEFSC vessels shall maintain a separation distance of 500 m and 100
m from a North Atlantic right whale and other large whales, respectively;
8 If a North Atlantic right whale is observed at any time during NEFSC
research activities, NEFSC must immediately report sighting information to NMFS 8667556622, the U.S.
Coast Guard via channel 16 and through the WhaleAlert app http
www.whalealert.org/;
9 NEFSC must implement handling and/or disentanglement protocols as specified in the guidance provided to NEFSC survey personnel; and 10 In the case of a bottlenose dolphin entanglement resulting in mortality and stock origin is unknown, the NEFSC must request and arrange for expedited genetic sampling for stock determination and photograph the dorsal fin and submit the image to the NMFS Regional Marine Mammal Stranding Coordinator for identification/matching to bottlenose dolphins in the Bottlenose Dolphin Photo-identification Catalog.
b Trawl survey protocols:
1 NEFSC must conduct trawl operations as soon as is practicable upon arrival at the sampling station;
2 NEFSC must initiate marine mammal watches visual observation 15 minutes prior to sampling within 1
km of the site. Marine mammal watches must be conducted by scanning the surrounding waters with the naked eye and binoculars or monocular. During nighttime operations, visual observation will be conducted using the naked eye and available vessel lighting;
3 NEFSC must implement the following move-on rule. If a marine mammal is sighted within 1 nautical mile nm of the planned location in the 15 minutes before gear deployment,
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