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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
mitigation and monitoring protocols, marine mammal identification, completion of datasheets, and use of equipment. NEFSC may determine the agenda for these trainings;
2 NEFSC must also dedicate a portion of training to discussion of best professional judgment, including use in any incidents of marine mammal interaction and instructive examples where use of best professional judgment was determined to be successful or unsuccessful; and 3 NEFSC must coordinate with NMFS Southeast Fisheries Science Center SEFSC regarding surveys conducted in the southern portion of the Atlantic coast region, such that training and guidance related to handling procedures and data collection is consistent.
d Handling procedures and data collection:
1 NEFSC must develop and implement standardized marine mammal handling, disentanglement, and data collection procedures. These standard procedures will be subject to approval by NMFS Office of Protected Resources OPR;
2 When practicable, for any marine mammal interaction involving the release of a live animal, NEFSC must collect necessary data to facilitate a serious injury determination;
3 NEFSC must provide its relevant personnel with standard guidance and training regarding handling of marine mammals, including how to identify different species, bring/or not bring an individual aboard a vessel, assess the level of consciousness, remove fishing gear, return an individual to water, and log activities pertaining to the interaction; and 4 NEFSC must record such data on standardized forms, which will be subject to approval by OPR. The data must be collected at a sufficient level of detail e.g., circumstances leading to the interaction, extent of injury, condition upon release to facilitate serious injury determinations under the MMPA.
e Reporting:
1 NEFSC must report all incidents of marine mammal interaction to NMFS
Protected Species Incidental Take database within 48 hours of occurrence;
and 2 NEFSC must provide written reports to OPR upon request following any marine mammal interaction animal captured or entangled in research gear.
In the event of a marine mammal interaction, these reports must include details of survey effort, full descriptions of any observations of the animals, the context vessel and conditions, decisions made and rationale for
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decisions made in vessel and gear handling.
3 The NEFSC must submit annual reports.
i The period of reporting will be one year beginning at the date of issuance of the LOA. NEFSC must submit an annual summary report to OPR not later than ninety days following the end of the reporting period.
ii These reports must contain, at minimum, the following:
A Annual line-kilometers surveyed during which the EK60, ME70, DSM300
or equivalent sources were predominant;
B Summary information regarding use of the following: All trawl gear, all longline gear, all gillnet gear, all dredge gear, fyke net gear, and rotary screw trap gear including number of sets, hook hours, tows, and tending frequency specific to each gear type;
C Accounts of all incidents of marine mammal interactions, including circumstances of the event and descriptions of any mitigation procedures implemented or not implemented and why;
D Summary information from the pinniped haulout censuses in the and summary information related to any disturbance of pinnipeds, including event-specific total counts of animals present, counts of reactions according to a three-point scale of response severity, and distance of closest approach;
E A written evaluation of the effectiveness of NEFSC mitigation strategies in reducing the number of marine mammal interactions with survey gear, including best professional judgment and suggestions for changes to the mitigation strategies, if any;
F Final outcome of serious injury determinations for all incidents of marine mammal interactions where the animals were released alive; and G A summary of all relevant training provided by the NEFSC and any coordination with the NMFS Southeast Fishery Science Center, the Greater Atlantic Regional Fisheries Office, and the Southeast Regional Office.
f Reporting of injured or dead marine mammals:
1 In the event that personnel involved in the survey activities covered by the authorization discover an injured or dead marine mammal, NEFSC must report the incident to OPR and to the appropriate Northeast Regional Stranding Coordinator as soon as feasible. The report must include the following information:
i Time, date, and location latitude/
longitude of the first discovery and updated location information if known and applicable;

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ii Species identification if known or description of the animals involved;
iii Condition of the animals including carcass condition if the animal is dead;
iv Observed behaviors of the animals, if alive;
v If available, photographs or video footage of the animals; and vi General circumstances under which the animal was discovered.
2 In the event of a ship strike of a marine mammal by any vessel involved in the activities covered by the authorization, SEFSC must report the incident to OPR and to the appropriate Northeast Regional Stranding Coordinator as soon as feasible. The report must include the following information:
i Time, date, and location latitude/
longitude of the incident;
ii Species identification if known or description of the animals involved;
iii Vessels speed during and leading up to the incident;
iv Vessels course/heading and what operations were being conducted if applicable;
v Status of all sound sources in use;
vi Description of avoidance measures/requirements that were in place at the time of the strike and what additional measures were taken, if any, to avoid strike;
vii Environmental conditions e.g., wind speed and direction, Beaufort sea state, cloud cover, visibility immediately preceding the strike;
viii Estimated size and length of animal that was struck;
ix Description of the behavior of the marine mammal immediately preceding and following the strike;
x If available, description of the presence and behavior of any other marine mammals immediately preceding the strike;
xi Estimated fate of the animal e.g., dead, injured but alive, injured and moving, blood or tissue observed in the water, status unknown, disappeared;
and xii To the extent practicable, photographs or video footage of the animals.
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Letters of Authorization.

a To incidentally take marine mammals pursuant to these regulations, NEFSC must apply for and obtain an LOA.
b An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations.
c If an LOA expires prior to the expiration date of these regulations, NEFSC may apply for and obtain a renewal of the LOA.

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