Rule2025-08349
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 16, 2025
Effective
May 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS' Office of Protected Resources (OPR), upon request from NMFS' Pacific Islands Fisheries Science Center (PIFSC), hereby issues regulations to govern the unintentional taking of marine mammals incidental to fisheries research conducted in multiple specified geographical regions over the course of 5 years. These regulations, which allow for the issuance of Letters of Authorization (LOAs) for the incidental take of marine mammals during the described activities and specified timeframes, prescribe the permissible methods of taking and other means of effecting the least practicable adverse impact on marine mammal species or stocks and their habitat, as well as requirements pertaining to the monitoring and reporting of such taking. Upon publication of this final rule, NMFS will issue an LOA to PIFSC for the effective period of the final rule.
Full Text
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Rules and Regulations]
[Pages 21134-21179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08349]
[[Page 21133]]
Vol. 90
Friday,
No. 94
May 16, 2025
Part II
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 219
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental
to Pacific Islands Fisheries Science Center Fisheries Research; Direct-
Interim-Final Rule
Federal Register / Vol. 90, No. 94 / Friday, May 16, 2025 / Rules and
Regulations
[[Page 21134]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 219
[Docket No. 250505-0076]
RIN 0648-BG31
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Pacific Islands Fisheries Science Center Fisheries
Research
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; notice of issuance of letter of authorization.
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SUMMARY: NMFS' Office of Protected Resources (OPR), upon request from
NMFS' Pacific Islands Fisheries Science Center (PIFSC), hereby issues
regulations to govern the unintentional taking of marine mammals
incidental to fisheries research conducted in multiple specified
geographical regions over the course of 5 years. These regulations,
which allow for the issuance of Letters of Authorization (LOAs) for the
incidental take of marine mammals during the described activities and
specified timeframes, prescribe the permissible methods of taking and
other means of effecting the least practicable adverse impact on marine
mammal species or stocks and their habitat, as well as requirements
pertaining to the monitoring and reporting of such taking. Upon
publication of this final rule, NMFS will issue an LOA to PIFSC for the
effective period of the final rule.
DATES: Effective May 16, 2025, the sunset date of January 15, 2026, for
part 219 added at 86 FR 3868, Jan. 15, 2021, is removed. This rule is
effective as of May 16, 2025, except for amendatory instruction 4,
which is effective from May 16, 2025 through May 15, 2030.
ADDRESSES: A copy of PIFSC's application and supporting documents, as
well as a list of the references cited in this document, may be
obtained online at: <a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research">www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research</a>. In
case of problems accessing these documents, please call the contact
listed below.
FOR FURTHER INFORMATION CONTACT: Benjamin Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
A copy of PIFSC's application and any supporting documents, as well
as a list of the references cited in this document, may be obtained
online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research</a>. In
case of problems accessing these documents, please call the contact
listed above (see FOR FURTHER INFORMATION CONTACT).
Purpose and Need for Regulatory Action
These regulations establish a framework under the authority of the
Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) to allow
for the authorization of take of marine mammals incidental to the
PIFSC's fisheries research activities in the Hawaiian Archipelago,
Mariana Archipelago, American Samoa Archipelago, and Western and
Central Pacific Ocean.
We received an application from the PIFSC requesting 5-year
regulations and an LOA to take multiple species of marine mammals. Take
would occur by Level B harassment incidental to the use of active
acoustic devices, as well as by visual disturbance of pinnipeds, and by
Level A harassment, serious injury, or mortality incidental to the use
of fisheries research gear. Please see Background below for definitions
of harassment.
Legal Authority for the Final Action
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs
the Secretary of Commerce to allow, upon request, the incidental, but
not intentional taking of small numbers of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region for up to 5 years if,
after notice and public comment, the agency makes certain findings and
issues regulations that set forth permissible methods of taking
pursuant to that activity and other means of effecting the ``least
practicable adverse impact'' on the affected species or stocks and
their habitat (see the discussion below in the Mitigation section), as
well as monitoring and reporting requirements. Section 101(a)(5)(A) of
the MMPA and the implementing regulations at 50 CFR part 216, subpart
I, provide the legal basis for issuing this rule containing 5-year
regulations, and for any subsequent LOAs. As directed by this legal
authority, this rule contains mitigation, monitoring, and reporting
requirements.
Summary of Major Provisions Within the Regulations
Following is a summary of the major provisions of this final rule
regarding PIFSC fisheries research activities. These measures include,
but are not limited to:
<bullet> Monitoring the sampling areas to detect the presence of
marine mammals before and during deployment of certain research gear;
<bullet> Delaying setting or haul in gear if marine mammal
interaction may occur;
<bullet> Hauling gear immediately if marine mammals may interact
with gear; and
<bullet> Implementing the mitigation strategy known as the ``move-
on rule,'' which incorporates best professional judgment, when
necessary during certain research fishing operations.
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and set forth requirements pertaining to the
mitigation, monitoring and reporting of the takings. The definitions of
all applicable MMPA statutory terms cited above are included in the
relevant sections below.
Summary of Request
On November 30, 2015, we received an adequate and complete
application
[[Page 21135]]
from PIFSC requesting authorization to take small numbers of marine
mammals incidental to fisheries research activities. On December 7,
2015 (80 FR 75997), we published a notice of receipt of PIFSC's
application in the Federal Register, requesting comments and
information related to the PIFSC request. The public comment period was
open for 30 days, from December 7, 2015, through January 1, 2016. We
received joint comments from The Humane Society of the United States
and Whale and Dolphin Conservation (HSUS/WDC). These comments were
considered in development of the proposed rule and are available online
at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research">https://www.fisheries.noaa.gov/action/incidental-take-authorization-noaa-fisheries-pifsc-fisheries-and-ecosystem-research</a>.
In accordance with the MMPA, we published a notice of proposed
rulemaking in the Federal Register on March 22, 2021 (86 FR 15298), and
requested comments and information from the public. The public comment
period was open for thirty days, from March 22, 2021, through April 21,
2021. We did not receive any comments on the proposed rule.
As explained below, subsequent to the publication of the proposed
rule, PIFSC advised NMFS of an additional research program that was not
identified in the proposed rule. Despite the time that has elapsed
since the PIFSC's application was initially received and publication of
the proposed rule and although the additional research program was not
identified in the proposed rule, we believe it is unnecessary to engage
in another round of notice and comments because the description of the
specified activity that can be expected to result in incidental take of
marine mammals, the type of incidental take authorization that is being
requested, the method of incidental take, and the anticipated impact of
the activity on the species or stock of marine mammals remains
unchanged. Further, new science and information necessary to evaluate
this application that has become available since the PIFSC submitted
their application has been considered and is addressed in this rule.
NMFS has reviewed newly available information since publication of the
proposed rule for comment, including updated SARs and scientific
literature, and determined that there is no new information that would
warrant new solicitation of public comment.
PIFSC plans to conduct fisheries research using trawl gear used at
various levels in the water column, hook-and-line gear (including
longlines with multiple hooks, bottomfishing, and trolling), and
deployed instruments (including various traps). If a marine mammal
interacts with gear deployed by PIFSC, the outcome could potentially be
Level A harassment, serious injury (i.e., any injury that will likely
result in mortality), or mortality. Although any given gear interaction
could result in an outcome less severe than mortality or serious
injury, we do not have sufficient information to allow parsing these
potential outcomes. Therefore, PIFSC presents a pooled estimate of the
number of potential incidents of gear interaction and, for analytical
purposes we assume that gear interactions would result in serious
injury or mortality. PIFSC also uses various active acoustic devices
while conducting fisheries research, and use of some of these devices
has the potential to result in Level B harassment of marine mammals.
Level B harassment of pinnipeds hauled out may also occur, as a result
of visual disturbance from vessels conducting PIFSC research.
The LOA issued under this final rule authorizes take of small
numbers of marine mammals of 15 species by serious injury or mortality
(hereafter referred to as M/SI) or Level A harassment incidental to
gear interactions, and of 20 species by Level B harassment incidental
to use of active acoustic devices and vessel operation during fisheries
and ecosystem research.
Description of the Specified Activity
Overview
The Federal Government has a responsibility to conserve and protect
living marine resources in U.S. waters and has also entered into a
number of international agreements and treaties related to the
management of living marine resources in international waters outside
the United States. NOAA has the primary responsibility for managing
marine finfish and shellfish species and their habitats, with that
responsibility delegated within NOAA to NMFS.
In order to direct and coordinate the collection of scientific
information needed to make informed fishery management decisions,
Congress created six regional fisheries science centers, each a
distinct organizational entity and the scientific focal point within
NMFS for region-based Federal fisheries-related research. This research
is aimed at monitoring fish stock recruitment, abundance, survival and
biological rates, geographic distribution of species and stocks,
ecosystem process changes, and marine ecological research. The PIFSC is
the research arm of NMFS in the Pacific Islands region of the United
States. The PIFSC conducts research and provides scientific advice to
manage fisheries and conserve protected species in the geographic
research area described below and provides scientific information to
support the Western Pacific Fishery Management Council and other
domestic and international fisheries management organizations.
The PIFSC collects a wide array of information necessary to
evaluate the status of exploited fishery resources and the marine
environment. PIFSC scientists conduct fishery-independent research
onboard NOAA-owned and operated vessels or on chartered vessels. Such
research may also be conducted by cooperating scientists on non-NOAA
vessels when the PIFSC helps fund the research. The PIFSC plans to
administer and conduct multiple survey programs over the 5-year period,
within 4 separate research areas (some survey programs are conducted
across more than 1 research area; see table 1-1 in PIFSC's
application). Surveys identified and described here are a
representative but not necessarily exclusive list of the research that
PIFSC may undertake during the period for which this authorization will
be valid. The gear types used fall into several categories: towed trawl
nets fished at various levels in the water column, hook-and-line gear
(including longlines with multiple hooks, bottomfishing, and trolling),
deployed instruments (including various traps), and other instruments.
Only use of trawl nets, longlines, and deployed instruments are likely
to result in interaction with marine mammals via entanglement or
hooking. Many of these surveys also use active acoustic devices that
may result in Level B harassment.
Dates and Duration
The specified activity may occur at any time during the 5-year
period of validity of the regulations. Dates and duration of individual
surveys are inherently uncertain, based on congressional funding levels
for the PIFSC, weather conditions, or ship contingencies. In addition,
cooperative research is designed to provide flexibility on a yearly
basis in order to address issues as they arise. Some cooperative
research projects last multiple years or may continue with
modifications. Other projects only last 1 year and are not continued.
Most cooperative research projects go through an annual competitive
selection process to determine which projects should be funded based on
proposals developed by many independent researchers and fishing
industry participants. PIFSC survey activity occurs during most
[[Page 21136]]
months of the year. Trawl surveys occur primarily during May through
June and September but may occur during any month, and hook-and-line
surveys generally occur during fall.
Specified Geographical Region
The PIFSC conducts research in the Pacific Islands within four
research areas: the Hawaiian Archipelago Research Area (HARA), the
Mariana Archipelago Research Area (MARA), the American Samoa
Archipelago Research Area (ASARA), and the Western and Central Pacific
Research Area (WCPRA). The first three research areas are considered to
extend approximately 24 nautical miles (nmi; 44.5 kilometers (km)) from
the baseline of the respective archipelagos (i.e., approximately the
outer limit of the contiguous zone). The WCPRA is considered to include
the remainder of archipelagic U.S. exclusive economic zone (EEZ)
waters, the high seas between the archipelagic U.S. EEZ waters, and
waters around the Pacific remote islands. Please see figures 1.2 and
2.1 through 2.4 in the PIFSC application for maps of the four research
areas. Detailed descriptions of the PIFSC's research areas were
provided in the notice of proposed rulemaking (86 FR 15298, March 22,
2021). Those descriptions remain accurate and sufficient, and we refer
the reader to that document rather than reprinting the information
here.
Detailed Description of Activities
A detailed description of the PIFSC's planned activities was
provided in the notice of proposed rulemaking (86 FR 15298, March 22,
2021) and is not repeated here except for the list of surveys provided
in table 1. No changes aside from the addition of one research program,
as described below, have been made to the specified activities
described therein.
After publication of the proposed rulemaking, PIFSC informed us of
an additional research program that was not identified in the proposed
rulemaking. The Marine Turtle Biology and Assessment Program (MTBAP)
conducts research with the potential to cause incidental disturbance of
Hawaiian monk seals only. No take of any other species of marine
mammals is expected to occur incidental to MTBAP research activities.
The MTBAP engages in long-term monitoring of sea turtles in order to
understand population status, abundance, and trends, including
permitted directed research which may result in incidental disturbance
of seals present near turtles that are the target of the research
activities. MTBAP conducts research activities year round in the HARA,
with a peak in activities occurring typically between March and
September each year when Northwestern Hawaiian Islands (NWHI) field
camps are deployed. Most field work that may incidentally disturb
Hawaiian monk seals occurs on shore where seals haul out, and in the
nearshore waters, while operating a vessel, where seals may be
swimming.
[[Page 21137]]
Table 1--Summary Description of PIFSC Fisheries and Ecosystem Research Activities in the Pacific Islands Region
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Season, frequency & Total number of
Survey name Survey description General area of yearly days at sea Gear used Gear details samples
operation (DAS) (approximated)
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Sampling Pelagic Stages of Results of sampling <bullet> HARA, <bullet> Year-round <bullet> Cobb <bullet> Tow <bullet> 40 tows
Insular Fish Species. inform life MARA, ASARA, <bullet> HARA: up trawl (midwater speed: 2.5-3.5 kt. per survey per
history and stock WCPRA. to 20 Days at Sea trawl) or Isaacs- <bullet> Duration: year.
structure studies <bullet> 3-200 nmi (DAS). Kidd 10-foot (ft) 60-240 minutes .................
for pelagic larval from shore.. <bullet> MARA, (3-meter (m)) net (min). .................
and juvenile stage ASARA, WCPRA: up (midwater trawl). <bullet> Depth: .................
specimens of to 30 DAS .................. deployed at .................
insular fish. approximately once .................. various depths .................
Additional habitat in research area <bullet> Isaacs- during same tow <bullet> 40 tows
information is every three years. Kidd 6-ft (1.8-m) to target fish at per survey per
also collected. <bullet> Midwater net (surface different water year.
Target species are trawls are trawl). depths, usually
snapper, grouper, conducted at <bullet> Dip net to 250 m.
and coral reef night, surface (surface).. <bullet> Tow
fish species trawls are <bullet> Trawl speed: 2.5-3.5
within the 0-175 m conducted day and mounted OES kts..
depth range. night. Netmind <bullet> Duration:
(midwater).. 60 min..
<bullet> Depth:
Surface..
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Spawning Dynamics of Highly Early life history <bullet> HARA, <bullet> Year-round <bullet> Isaacs- <bullet> Tow <bullet> 140 tows
Migratory Species. studies provide MARA, ASARA, <bullet> HARA: up Kidd 6-ft (1.8-m) speed: 2.5-3.5 per survey per
larval stages for WCPRA. to 25 DAS.. net (surface). kts. year.
population genetic <bullet> 1-25 nmi <bullet> MARA, .................. <bullet> Duration: .................
studies and from shore.. ASARA, WCPRA: up <bullet> Neuston 60 min.. <bullet> 140 tows
include the to 25 DAS tows (surface). <bullet> Depth: per survey per
characterization approximately once <bullet> 1-m ring Surface.. year.
of habitat for in research area net (surface). <bullet> Tow
early life stages every three years. Speed: 2.5-3.5
of pelagic <bullet> Surface kts.
species. Egg and trawls are <bullet> Duration:
larval collections conducted day and 30-60 min..
are taken in night. <bullet> Depth: 0-
surface waters 3 m..
using a variety of
plankton gear,
primarily Isaac-
Kidd 6-ft (1.8-m)
surface trawl, but
also sometimes
including 1-m ring
net and surface
neuston net.
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Cetacean Ecology Assessment.... Survey transects <bullet> HARA, <bullet> Variable <bullet> Cobb <bullet> Tow <bullet> 180 tows
conducted in MARA, ASARA, timing, depending trawl (midwater speed: 3 kts. total per year.
conjunction with WCPRA. on ship trawl). <bullet> Duration: <bullet> 180 tows
cetacean visual availability, up <bullet> Small- 60-240 min.. per research
and acoustic to 180 DAS. mesh towed net <bullet> Tow area.
surveys within the <bullet> Usually (surface trawl). Speed: 2.5-3.5
Hawai[revaps]i EEZ conducted in non- kts.
to develop winter months. <bullet> Duration:
ecosystem models <bullet> Midwater 30-60 min..
for cetaceans. trawls are
Sampling also conducted at
includes active night, surface
acoustics to trawls are
determine relative conducted day and
biomass density of night.
sound scattering
layers; trawls to
sample within the
scattering layers;
cetacean
observations;
surface and water
column
oceanographic
measurements and
water sample
collection.
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Marine Debris Research and Surface and <bullet> HARA, <bullet> Annually, <bullet> Neuston, <bullet> Tow <bullet> Up to
Removal. midwater plankton MARA, ASARA, or on an as-needed or similar, Speed: varied. 250 tows per
tows to quantify WCPRA. basis, up to 30 plankton nets <bullet> Duration: survey per year.
floating DAS. surface towed <1 hour..
microplastic in <bullet> Surface alongside ship
seawater. trawls are and/or small
conducted day and boats.
night.
<bullet> Unmanned
aircraft surveys
are conducted
during the day or
night.
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[[Page 21138]]
Insular Fish Life History Provide size ranges <bullet> HARA, <bullet> HARA: July- <bullet> Hook-and- <bullet> Hand <bullet> HARA:
Survey and Studies. of deepwater MARA, ASARA, September, up to line. line, electric or 350 operations
eteline snappers, WCPRA. 15 DAS/yr. hydraulic reel: per year.
groupers, and <bullet> 0.2-5 nmi <bullet> Other <bullet> Each <bullet> Other
large carangids to from shore. areas: Year-round, operation areas: 240
determine sex- up to 30 DAS for involves 1-3 operations per
specific length-at- each research area lines with. 4-6 year for each
age growth curves, once every three hooks per line; research area.
longevity years. soaked 1-30 min..
estimates, length <bullet> Day and <bullet> Squid
and age at 50% night.. bait on circle
reproductive hooks (typically
maturity within 10/0 to 12/0).
the Bottomfish
Management Unit
Species (BMUS) in
Hawai[revaps]i and
the other Pacific
Islands regions.
Specimens are
collected in the
field and sampled
at markets.
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Pelagic Troll and Handline Surveys would be <bullet> HARA, <bullet> Variable, <bullet> Pelagic <bullet> Troll <bullet> A total
Sampling. conducted to MARA, ASARA,. up to 14 DAS Day troll and fishing with up of up to 2
collect life <bullet> 0 to 24 and night. handline (hook to 4 troll lines operations of
history and nmi from shore and line) fishing. each with 1-2 any of these
molecular samples (excluding any baited hooks or 1- gear types per
from pelagic special resource 2 hook trolling DAS, totaling 28
species. Other areas). lures at 4-10 kts. operations (all
target species <bullet> Pelagic types combined)
would be tagged- handline (hook- for the survey.
and-released. and-line) fishing
Different tags at 10-100 m
would used midwater depths,
depending upon the with hand,
species and study, electric, or
but could include: hydraulic reels.
passive, archival, Up to 4 lines.
ultrasonic, and Each line is
satellite tags. baited with 4
hooks.
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Insular fish Abundance Comparison of <bullet> HARA, <bullet> Variable, <bullet> Hook-and- <bullet> Hand, <bullet> HARA:
Estimation Comparison Surveys. fishery- MARA, ASARA, up to 30 DAS per line. electric, 7,680 operations
independent WCPRA. research area per hydraulic reels. per year.
methods to survey year. <bullet> Each <bullet> MARA:
bottomfish <bullet> HARA vessel fishes 2 1.920 every 3rd
assemblages in the surveyed annually, lines. Each line year (average)
Main Hawaiian ASARA, WCPRA is baited with 4- 640 operations
Islands: surveyed every 3 6 hooks. per year).
coordinated years. <bullet> 1-30 <bullet> ASARA:
research between <bullet> Sampling minutes per 1,920 every 3rd
PIFSC and various occurs day and fishing operation. year (average e
partners Day and night. 640 per year).
night surveys are <bullet> WCPRA:
used to develop 1,920 every 3rd
fishery- year (average
independent 640 per year).
methods to assess
stocks of
economically
important insular
fish.
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Kona Integrated Ecosystem Survey transects <bullet> HARA; 2- <bullet> Variable <bullet> Cobb <bullet> Tow <bullet> 15-20
Assessment Cruise. conducted off the 10 nmi from shore. timing, depending trawl (midwater speed: 3 kts. tows/yr.
Kona coast and on ship trawl). <bullet> Duration: .................
Kohala Shelf area availability, up <bullet> Hook-and- 60-240 min.. <bullet> No more
to develop to 10 DAS. line. <bullet> Electric than 50 hours of
ecosystem models <bullet> Day and or hydraulic effort.
for coral reefs, night.. reel: Each <bullet>
socioeconomic operation Approximately 10
indicators, involves 1-3 mesopelagic
circulation lines, with squid squid caught per
patterns, larval lures, soaked 10- yr.
fish transport and 60 min at depths
settlement. between 200m to
Sampling includes 600m.
active acoustics
to determine
relative biomass
density of sound
scattering layers;
trawls to sample
within the
scattering layers;
cetacean
observations;
surface and water
column
oceanographic
measurements and
water sample
collection.
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[[Page 21139]]
Sampling of Juvenile-stage Sampling activity <bullet> HARA..... <bullet> July- <bullet> Trap <bullet> <bullet> 10 traps
Bottomfish via Settlement to capture <bullet> 0.2-5 nmi September. (settlement). Cylindrical traps per line set; up
Traps. juvenile recruits from shore.. <bullet> Up to 25 are clipped to 4 line sets
of eteline DAS Day and night.. throughout the soaked per day,
snappers and water column onto from overnight
grouper that have a vertical line up to 3 days.
recently anchored on <bullet> Up to
transitioned from bottom at up to 100 lines of
the pelagic to 400 m, supported traps set per
demersal habitat. by a surface yr.
Target species float. <bullet> Catch of
include Deep-7 2500 juvenile
bottomfish and the stage bottomfish
settlement per year.
habitats these
stages are
associated with.
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Mariana Resource Survey........ Sampling activity <bullet> MARA..... <bullet> May-August <bullet> Large- <bullet> Tow <bullet> 15-20
to quantify <bullet> 0-25 nmi Up to 102 DAS mesh Cobb speed: 3 kts. tows per survey
baseline from shore.. (once every three midwater trawl. <bullet> Duration: per year
bottomfish and years). <bullet> Isaacs- 60-240 min .................
reef fish <bullet> Midwater Kidd midwater trawls; 2 tows .................
resources in the trawls are trawl. per night. .................
Mariana conducted at .................. <bullet> Depth(s): .................
Archipelago night, surface .................. deployed at .................
Research Area. trawls are .................. various depths .................
Various artificial conducted day and .................. during same tow <bullet> 15-20
habitat designs, night. <bullet> Small- to target fish at tows (any
Cobb trawl and IK <bullet> In-water mesh surface different water combination of
trawls will be activities are trawl nets depths, usually the nets
developed, conducted during (Isaacs-Kidd, between 100 m and described).
enclosed in mesh the day. All neuston, ring, 200m. .................
used to retain others are day and bongo nets). <bullet> Tow <bullet> 25 gear
captures, and night. <bullet> Traps speed: 3 kts. sets per cruise.
evaluated collect (Kona crab, <bullet> Duration: <bullet> Up to
pelagic-stage enclosure). up to 60 min.. 400 strings set
specimens of reef <bullet> Depth: 0- per year.
fish and 200 m..
bottomfish ..................
species. Traps <bullet> Up to ten
will be primarily Kona crab traps
set in mesophotic can be tied
habitats (50-200 m together with a
depths) and in the buoy on the end
quality of each net for
habitat for recent retrieval. They
recruits. deep- are left for
slope bottomfish approximately 20
habitats (200-500m min. Two strings
depths). of six enclosure
traps each would
be deployed at
night on sand,
rubble and
pavement (i.e.,
not coral)
substrate, and
retrieved the
next morning.
<bullet> Up to 20
traps per string,
separated by 20
fathoms of ground
line; two depths
10-35 fathoms.
<bullet> Up to 2
strings per DAS..
<bullet> Hook-and- <bullet> Electric <bullet> 1,000
line. or hydraulic sets per survey.
reel: each
operation
involves 1-3
lines, with squid
lures, soaked 10-
60 min at depths
between 200 m to
600 m.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pelagic Longline, Troll, and Investigate <bullet> HARA..... <bullet> 21 DAS.... <bullet> Pelagic <bullet> Soak <bullet> Up to 21
Handline Gear Trials. effectiveness of <bullet> Longline <bullet> Day and longline. time: 600-1800 longline
various types of fishing would night.. <bullet> Trolling, min. operations per
hooks, hook occur outside of: and handline <bullet> Troll year.
guards, gear (1) all longline (hook-and-line). fishing with up <bullet> Up to 21
configurations, or exclusions zones to 4 troll lines troll or
other modified in the each with 1-2 handline
fishing practices Hawai[revaps]i baited hooks or 1- (combined)
for reducing the EEZ; (2) the 2 hook troll operations per
bycatch of non- Insular False lures at 4-10 kts. year.
target species and Killer Whale <bullet> Pelagic
retaining or range, and (3) handline (hook-
increasing target all special and-line) fishing
catch. resource areas. at 10-100 m
<bullet> Longline midwater depths,
fishing would with hand,
occur up to electric, or
approximately 500 hydraulic reels.
nmi from the Up to 4 lines.
shores of the Each line is
Hawai[revaps]i baited with 4
Archipelago. hooks.
<bullet> Trolling <bullet> Up to 4
and handline hrs per troll or
occurs 25 to 500 handline
nmi from shore operation.
(excluding any
special resource
areas).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21140]]
Pelagic Oceanographic Cruise... Investigate <bullet> WCPRA.... <bullet> Annual <bullet> Large- <bullet> Tow <bullet> 20 tows
physical (e.g., <bullet> 25-1000 (season variable) mesh Cobb speed: 3 kts. per year,
fronts) and nmi from shore in Up to 30 DAS. midwater trawl. <bullet> Duration: alternating with
biological any direction. <bullet> Midwater .................. 60-240 min.. Kona IEA cruise
features that trawls are .................. .................. 4 liters of
define the conducted at <bullet> Plankton .................. micronekton per
habitats for night, surface drop net <bullet> 1 m tow.
important trawls are (stationary diameter plankton <bullet> 20 drops
commercial and conducted day and surface sampling). drop net would be per year
protected species night. .................. deployed down to (collections
of the North <bullet> All other <bullet> Small- 100 m. would be less
Pacific Ocean. activities are mesh surface and .................. than one liter
Sampling also conducted day and midwater trawl <bullet> Duration: of plankton).
includes active night. nets (Isaacs- up to 60 min.. <bullet> 15-20
acoustics to Kidd, neuston, <bullet> Depth: 0- tows (any
determine relative ring, bongo nets). 200 m.. combination of
biomass density of the nets
sound scattering described) <1
layers; trawls to liter of
sample within the organisms per
scattering layers; tow.
surface and water
column
oceanographic
measurements and
water sample
collection.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lagoon Ecosystem Measure the <bullet> WCPRA.... <bullet> Up to 14 <bullet> Divers <bullet> SCUBA, <bullet> 10 dives
Characterization. abundance and DAS. with hand net or snorkel, 12-inch per survey.
distribution of <bullet> Conducted speargun. diameter small <bullet> 10 fin
reef fish during the day.. <bullet> Hook-and- mesh hand net. clips collected
(including line. <bullet> Standard for genetic
juvenile bumphead rod and reel analyses.
parrotfish). using lures or <bullet> 1-30
fish bait from minute casts.
shoreline or <bullet> 60 casts
small boat. per survey.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 21141]]
Comments and Responses
We published a notice of proposed rulemaking in the Federal
Register on March 22, 2021 (86 FR 15298), and requested comments and
information from the public. During the 30-day comment period, we did
not receive any public comments.
Changes From Proposed Rule to Final Rule
As discussed above, we have included evaluation of a PIFSC research
program (MTBAP) not previously identified in the proposed rulemaking.
As detailed in the Estimated Take section, later in this document,
anticipated impacts from these research activities are not different in
type from what has already been analyzed under the proposed rule, and
the expected take of marine mammals is not increased as a result of our
evaluation of these activities. There are no other changes from the
proposed rule to this final rule.
Description of Marine Mammals in the Area of the Specified Activity
We have reviewed PIFSC's species descriptions--which summarize
available information regarding status and trends, distribution and
habitat preferences, behavior and life history, and auditory
capabilities of the potentially affected species--for accuracy and
completeness and refer the reader to sections 3 and 4 of PIFSC's
application, instead of reprinting the information here (note that
PIFSC provides additional information regarding marine mammal
observations around the Main Hawaiian Islands (MHI) in table 3.3 of
their application, including information about group size and
seasonality). Additional information regarding population trends and
threats may be found in NMFS's Stock Assessment Reports (SAR; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS'
website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 2 lists all species with expected potential for occurrence in
the specified geographical regions where PIFSC plans to conduct the
specified activity and summarizes information related to the population
or stock, including regulatory status under the MMPA and Endangered
Species Act (ESA) and potential biological removal (PBR), where known.
For taxonomy, we follow the Society for Marine Mammalogy Committee on
Taxonomy. PBR, defined by the MMPA as the maximum number of animals,
not including natural mortalities, that may be removed from a marine
mammal stock while allowing that stock to reach or maintain its optimum
sustainable population, is discussed in greater detail later in this
document (see the Negligible Impact Analysis and Determination
section).
Stocks are not designated for most species in areas of the
specified geographical regions outside of the Hawaiian EEZ. Therefore,
while all species with expected potential for occurrence in the
specified geographical regions are listed in table 2, the listed stocks
are in most cases specific to the Hawaiian EEZ. The only exceptions are
NMFS-designated stocks for the humpback whale, rough-toothed dolphin,
spinner dolphin, and false killer whale in American Samoa (animals
belonging to these stocks would occur in the ASARA), and a false killer
whale stock designated for Palmyra Atoll (animals belonging to this
stock would occur in the WCPRA). With the exception of the humpback
whale and the aforementioned Palmyra Atoll stock of false killer whale,
animals of any species occurring in the MARA or areas of the WCPRA
outside of the Hawaiian EEZ and American Samoa EEZ would not be part of
any NMFS-designated stock. Aside from the four species listed above,
animals of any species occurring in the American Samoa EEZ would not be
part of any NMFS-designated stock. As a reminder, the HARA, MARA, and
ASARA are considered to include waters of the contiguous zone around
these archipelagoes (i.e., 0-24 nmi from land), while the WCPRA is
considered to include all remaining EEZ waters around those
archipelagoes as well as the high seas and waters around U.S.
possessions of the Pacific Remote Islands Area.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
Abundance estimates and related information, PBR values, and annual M/
SI values given in table 2 are specific to the stocks for which they
are listed. This information is generally not available for these
species occurring in areas outside the ranges of NMFS-designated
stocks. NMFS-designated stocks in the Hawai[revaps]i region include
animals found both within the Hawaiian Islands EEZ and in adjacent high
seas waters; however, because data on abundance, distribution, and
human-caused impacts are largely lacking for high seas waters, the
status of these stocks are generally evaluated based on data from the
U.S. EEZ waters of the Hawaiian Islands (including the Main Hawaiian
Islands and Northwestern Hawaiian Islands). For certain species,
existing data support the existence of demographically distinct
resident populations associated with different regions within the
Hawaiian Islands, and separate stocks are designated accordingly. NMFS-
designated stocks for American Samoa include animals occurring within
EEZ waters around American Samoa. All managed stocks in the specified
geographical regions are assessed in either NMFS's U.S. Pacific SARs or
U.S. Alaska SARs. All values presented in table 2 are the most recent
available at the time of publication, including from the draft 2023
SARs (available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports</a>).
A detailed description of the species likely to be affected by the
PIFSC's activities, including brief introductions to the species and
relevant stocks as well as available information regarding population
trends and threats, were provided in the PIFSC's LOA application and
summarized in the notice of proposed rulemaking for this action (86 FR
15298, March 22, 2021); since that time, we are not aware of any
changes (except changes to the humpback whale stock designation as
described below) in the status of these species or stocks; therefore,
detailed descriptions are not provided here.
[[Page 21142]]
Table 2--Marine Mammals Potentially Present in the Vicinity of PIFSC Research Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Occurrence \2\ Stock abundance
---------------------------- ESA/MMPA (CV, Nmin, most
Common name Scientific name Stock \1\ status; recent abundance PBR Annual M/
H A R M A R A S A W C P strategic (Y/ survey) \4\ SI \5\
A A R A R A N) \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenopteridae
(rorquals):
Humpback whale............. Megaptera American Samoa.... X X X X -; N unk (n/a; 150; 0.4 0
novaeangliae Hawaii............ -; N 2008). 127 27.1
kuzira. 11,278 (0.56;
7,265; 2020).
Western North E/D; Y 1,084 (0.09; 3.4 5.8
Pacific. 1,007; 2006).
Minke whale................ Balaenoptera Hawai[revaps]i.... X X X X -; N 438 (1.05; 212; 2.1 0
acutorostrata 2017).
scammoni.
Bryde's whale.............. B. edeni brydei... Hawai[revaps]i.... X X X X -; N 791 (0.29; 623; 6.2 0
2020).
Sei whale.................. B. borealis Hawai[revaps]i.... X X ..... X E/D; Y 391 (0.9; 204; 0.4 0.2
borealis. 2010).
Fin whale.................. B. physalus Hawai[revaps]i.... X X ..... X E/D; Y 203 (0.99; 101; 0.2 0
physalus. 2017).
Blue whale................. B. musculus CNP............... X X ..... X E/D; Y 133 (1.09; 63; 0.1 0
musculus. 2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
Sperm whale................ Physeter Hawai[revaps]i.... X X X X E/D; Y 5,707 (0.23; 18 0
macrocephalus. 4,486; 2017).
Family Kogiidae:
Pygmy sperm whale.......... Kogia breviceps... Hawa[revaps]i..... X X ..... X -; N 42,083 (0.64, 257 0
25,695, 2017).
Dwarf sperm whale.......... K. sima........... Hawai[revaps]i \6\ X X X X -; N unk.............. undet 0
Family Ziphiidae (beaked
whales):
Cuvier's beaked whale...... Ziphius Hawai[revaps]i X X X X -; N 4,431 (0.41; 32 0
cavirostris. Pelagic. 3,180; 2017).
Longman's beaked whale..... Indopacetus Hawai[revaps]i.... X ..... ..... X -; N 2,550 (0.67; 15 0
pacificus. 1,527; 2017).
Blainville's beaked whale.. Mesoplodon Hawai[revaps]i.... X X ..... X -; N 1,132 (0.99; 564; 5.6 0
densirostris. 2017).
Deraniyagala's beaked whale M. hotaula........ n/a............... ..... ..... ..... X -; N unk.............. undet unk
Family Delphinidae:
Rough-toothed dolphin...... Steno bredanensis. Hawai[revaps]i.... X X X X -; N 83,915 (0.49; 511 3.2
56,782; 2017).
American Samoa \6\ -; N unk.............. undet unk
Common bottlenose dolphin.. Tursiops truncatus Hawai[revaps]i X X X X -; N 24,669 (0.57; 158 0
truncatus. Pelagic. 15,783; 2020).
Kauai and -; N 112 (0.24; 92; 0.9 unk
Ni[revaps]ihau. 2018).
Oahu.............. -; N 112 (0.17; 97; 1.0 unk
2017).
Maui Nui.......... -; N 64 (0.15; 56; 0.6 unk
2018).
Hawai[revaps]i -; N 136 (0.43; 96; 1.0 >=0.2
Island. 2018).
Pantropical spotted dolphin Stenella attenuata Hawai[revaps]i X X X X -; N 67,313 (0.27; 538 0
attenuata. Pelagic. 53,839; 2020).
Oahu.............. -; N unk.............. undet unk
Maui Nui.......... -; N unk.............. undet unk
Hawai[revaps]i -; N unk.............. undet >=0.2
Island.
Spinner dolphin............ S. longirostris Hawai[revaps]i X X X X -; N unk.............. undet 0
longirostris. Pelagic \6\.
Kauai and -; N 601 (0.2; unk; undet unk
Ni[revaps]ihau 2005).
\6\.
Oahu/4--Island -; N 355 (0.09; unk; undet >=0.4
Region \6\. 2007).
Hawai[revaps]i -; N 665 (0.09; 617; 6.2 >=1.0
Island. 2012).
Kure and Midway -; N 260 (n/a; 139; undet unk
Atoll \6\. 2010).
Pearl and Hermes -; N unk.............. undet unk
Reef \6\.
American Samoa \6\ -; N unk.............. undet unk
Striped dolphin............ S. coeruleoalba... Hawai[revaps]i X X ..... X -; N 64,343 (0.28; 511 0
Pelagic. 51,055; 2020).
Fraser's dolphin........... Lagenodelphis Hawai[revaps]i.... X X ..... X -; N 40,960 (0.70; 241 0
hosei. 24,068; 2017).
Risso's dolphin............ Grampus griseus... Hawai[revaps]i.... X X ..... X -; N 6,979 (0.29; 53 0
5,283; 2020).
Melon-headed whale......... Peponocephala Hawaiian Islands.. X X ..... X -; N 40,647 (0.74; 233 0
electra. .................. ............ 23,301; 2017). ........ ........
Kohala Resident... -; N 447 (0.12; unk; undet 0
2017).
Pygmy killer whale......... Feresa attenuata.. Hawai[revaps]i.... X X ..... X -; N 10,328 (0.75; 59 0
5,885; 2017).
[[Page 21143]]
False killer whale......... Pseudorca Northwestern X X X X -; N 477 (1.71; 178; 1.43 0.16
crassidens. Hawaiian Islands. 2017).
Hawai[revaps]i -; N 5,528 (0.35; 33 47
Pelagic. 4,152; 2017).
Main Hawaiian E/D; Y 138 (0.08; 129; 0.26 0.03
Islands Insular. 2015).
American Samoa.... -; N unk.............. undet unk
Palmyra Atoll..... -; N 1,329 (0.65; 806; 6.4 0.3
2005).
Killer whale............... Orcinus orca...... Hawai[revaps]i.... X X X X -; N 161 (1.06; 78; 0.8 0
2017).
Short-finned pilot whale... Globicephala Hawai[revaps]i.... X X X X -; N 19,242 (0.23; 159 0.2
macrorhynchus. 15,894; 2020).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless
seals):
Hawaiian monk seal......... Neomonachus Hawai[revaps]i.... X ..... ..... X E/D; Y 1,564 (0.05; 5.1 5.4
schauinslandi. 1,444; 2021).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ All species with potential for take by PIFSC are presented in table 2. All known stocks are presented here but marine mammals in the MARA, ASARA,
and WCPRA are generally not assigned to designated stocks.
\2\ HARA: Hawaiian Archipelago Research Area; MARA: Mariana Archipelago Research Area; ASARA: American Samoa Archipelago Research Area; WCPRA: Western
and Central Pacific Research Area.
\3\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\4\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\5\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum
value.
\6\ Abundance estimates for these stocks are not considered current. PBR is therefore considered undetermined for these stocks, as there is no current
minimum abundance estimate for use in calculation. We nevertheless present the most recent abundance estimates, as these represent the best available
information for use in this document.
Humpback Whale
On September 8, 2016, NMFS divided the once single humpback whale
species into 14 distinct population segments (DPS) under the ESA,
removed the species-level listing as endangered, and, in its place,
listed 4 DPSs as endangered and 1 DPS as threatened (81 FR 62259,
September 8, 2016). The remaining nine DPSs were not listed. There are
four DPSs in the North Pacific, including Western North Pacific, which
is listed as endangered, and Hawaii, which is not listed.
The 2022 Alaska and Pacific SARs described a revised stock
structure for humpback whales which modifies the previous stocks
designated under the MMPA to align more closely with the ESA-designated
DPSs (Caretta et al., 2023; Young et al., 2023). Specifically, the
three previous North Pacific humpback whale stocks (central and western
North Pacific stocks and a CA/OR/WA stock) were replaced by five
stocks, largely corresponding with the ESA-designated DPSs. These
include Western North Pacific and Hawaii stocks, which correspond with
the DPSs of the same names, and which (along with the American Samoa
stock) are the only stocks potentially affected by PIFSC activities.
The Hawai[revaps]i stock consists of one demographically
independent population (DIP) (Hawaii--southeast Alaska/northern British
Columbia DIP) and one unit (Hawaii--north Pacific unit), which may or
may not be composed of multiple DIPs (Wade et al., 2021). The DIP and
unit are managed as a single stock at this time, due to the lack of
data available to separately assess them and lack of compelling
conservation benefit to managing them separately (NMFS, 2023; NMFS,
2019; NMFS, 2022b). The DIP is delineated based on two strong lines of
evidence: genetics and movement data (Wade et al., 2021). Whales in the
Hawaii--southeast Alaska/northern British Columbia DIP winter off
Hawaii and largely summer in southeast Alaska and northern British
Columbia (Wade et al., 2021). The group of whales that migrate from
Russia, western Alaska (Bering Sea and Aleutian Islands), and central
Alaska (Gulf of Alaska excluding southeast Alaska) to Hawaii have been
delineated as the Hawaii--North Pacific unit (Wade et al., 2021). There
are a small number of whales that migrate between Hawaii and southern
British Columbia/Washington, but current data and analyses do not
provide a clear understanding of which unit these whales belong to
(Wade et al., 2021; Caretta et al., 2023; Young et al., 2023).
The Western North Pacific (WNP) stock consists of two units, the
Philippines/Okinawa--North Pacific unit and the Marianas/Ogasawara--
North Pacific unit. The units are managed as a single stock at this
time, due to a lack of data available to separately assess them (NMFS
2023a, NMFS 2019, NMFS 2022d). Recognition of these units is based on
movements and genetic data (Oleson et al., 2022). Whales in the
Philippines/Okinawa--North Pacific unit winter near the Philippines and
in the Ryukyu Archipelago and migrate to summer feeding areas primarily
off the Russian mainland (Oleson et al., 2022). Whales that winter off
the Mariana Archipelago, Ogasawara, and other areas not yet identified
and then migrate to summer feeding areas off the Commander Islands, and
to the Bering Sea and Aleutian Islands comprise the Marianas/
Ogasawara--North Pacific unit.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure
[[Page 21144]]
to sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Not all marine mammal species have equal
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al.
(2007, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). Generalized hearing ranges were
chosen based on the ~65 decibel (dB) threshold from composite
audiograms, previous analyses in NMFS (2018), and/or data from Southall
et al. (2007) and Southall et al. (2019). We note that the names of two
hearing groups and the generalized hearing ranges of all marine mammal
hearing groups have been recently updated (NMFS, 2024) as reflected
below in table 3.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2024]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 36 kHz.
whales).
High-frequency (HF) cetaceans 150 Hz to 160 kHz.
(dolphins, toothed whales, beaked
whales, bottlenose whales).
Very High-frequency (VHF) cetaceans 200 Hz to 165 kHz.
(true porpoises, Kogia, river
dolphins, Cephalorhynchid,
Lagenorhynchus cruciger & L.
australis).
Phocid pinnipeds (PW) (underwater) 40 Hz to 90 kHz.
(true seals).
Otariid pinnipeds (OW) (underwater) 60 Hz to 68 kHz.
(sea lions and fur seals).
------------------------------------------------------------------------
** Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges may not be as broad. Generalized hearing range
chosen based on ~65 dB threshold from composite audiogram, previous
analysis in NMFS 2018, and/or data from Southall et al. 2007; Southall
et al. 2019. Additionally, animals are able to detect very loud sounds
above and below that ``generalized'' hearing range.
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2024) for a review of available information.
Potential Effects of the Specified Activity on Marine Mammals and Their
Habitat
Detailed descriptions of the potential effects of the various
elements of the PIFSC's specified activity on marine mammals and their
habitat were provided in the proposed rule (86 FR 15298, March 22,
2021) as well as the 2023 Programmatic Environmental Assessment (PEA).
Additionally, detailed descriptions of the potential effects of similar
specified activities have also been provided in other Federal Register
notices of proposed rulemaking (e.g., 81 FR 38516, June 13, 2016; 83 FR
37638; August 1, 2018; 84 FR 6576, February 27, 2019), and section 7 of
the PIFSC's LOA application provides a discussion of the potential
effects of their specified activity, which we have reviewed for
accuracy and completeness. No significant new information is available,
and these discussions provide the necessary, adequate and relevant
information regarding the potential effects of the PIFSC's specified
activities on marine mammals and their habitat. Therefore, we refer the
reader to these documents rather than repeating the information here.
The referenced information includes a summary and discussion of the
ways that components of the specified activity (e.g., gear deployment,
use of active acoustic sources, visual disturbance) may impact marine
mammals and their habitat.
As stated previously, the use of certain research gears, including
trawl nets, gillnets, longline gear, and fyke nets, has the potential
to result in interaction with marine mammals. In the event of a marine
mammal interaction with research gear, injury, serious injury, or
mortality may result from entanglement or hooking. Exposure to sound
through the use of active acoustic systems for research purposes may
result in Level B harassment. However, as detailed in the previously
referenced discussions, Level A harassment in the form of permanent
threshold shift (PTS) is extremely unlikely to occur, and we consider
such effects discountable. Finally, it is expected that hauled out
pinnipeds may be disturbed by approaching researchers such that Level B
harassment could occur. Ship strike is not a reasonably anticipated
outcome of PIFSC research activities, given the small amount of
distance covered by research vessels, use of observers, and their
relatively slow speed in comparison to commercial shipping traffic
(i.e., the primary cause of marine mammal vessel strikes).
With specific reference to Level B harassment that may occur as a
result of acoustic exposure, we note that the analytical methods
described in the incidental take regulations for other NMFS Science
Centers are retained here. However, the state of science with regard to
our understanding of the likely potential effects of the use of systems
like those used by PIFSC has advanced in recent years, as have readily
available approaches to estimating the acoustic footprints of such
sources, with the result that we view this analysis as highly
conservative. Although more recent literature provides documentation of
marine mammal responses to the use of these and similar acoustic
systems (e.g., Cholewiak et al., 2017; Quick et al., 2017; Varghese et
al., 2020), the described responses do not generally comport with the
degree of severity that should be associated with Level B harassment,
as defined by the MMPA. We retain the analytical approach described in
the incidental take regulations for other NMFS Science Centers for
consistency with existing analyses and for purposes of efficiency here,
and consider this acceptable because the approach provides a
conservative estimate of potential incidents of Level B harassment (see
Estimated Take section of this final rule). In summary, while we
authorize the amount of take by Level B harassment indicated in the
Estimated Take section, and consider these potential takings at face
value in our negligible impact analysis, it is uncertain whether use of
these acoustic systems are likely to cause take at all, much less at
the estimated levels.
The Estimated Take section later in this document includes a
quantitative analysis of the number of individuals that are expected to
be taken by this activity. The Negligible Impact Analysis and
Determination section considers the potential effects of the specified
activity, the Estimated Take section, and the Mitigation section, to
draw conclusions
[[Page 21145]]
regarding the likely impacts of these activities on the reproductive
success or survivorship of individuals and how those impacts on
individuals are likely to impact marine mammal species or stocks.
Estimated Take
This section provides an estimate of the number of incidental takes
to be authorized through an LOA, which will inform both NMFS'
determination of whether the number of takes are ``small'' and the
negligible impact determination.
Except with respect to certain activities not pertinent here, 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 PIFSC 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
The use of historical interactions as a basis to estimate future
take of marine mammals in fisheries research gear has been utilized in
the LOA applications and rules of other NMFS Fisheries Science Centers
(e.g., Southwest (SWFSC), Northwest (NWFSC)). However, because PIFSC
has no history of marine mammal take in any of the gear used during its
fisheries and ecosystem research, additional factors must be
considered. Instead, NMFS used information from commercial fisheries,
other NMFS Fisheries Science Centers operations, and published take as
described below.
NMFS believes it is appropriate to include estimates for future
incidental takes of a number of species that have not been taken by
PIFSC historically, but inhabit the same areas and show similar types
of behaviors and vulnerabilities to gear used by other NMFS Fisheries
Science Centers and used in commercial fisheries (based on the 2024
List of Fisheries (LOF), see <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>).
A number of factors were taken into account to determine whether a
species may have a similar vulnerability to certain types of gear as
species taken in commercial gear and research gear elsewhere (e.g.,
distribution, density, abundance, behavior, feeding ecology, travel in
groups, and common association with other species historically taken in
commercial gear or other Fisheries Science Centers). While such take
could potentially occur, NMFS believes that any occurrences would
likely be rare given that no such take in PIFSC research has occurred
(despite many years of the same or similar surveys occurring).
Moreover, marine mammal behavioral and ecological characteristics
reduce the risk of incidental take from research gear, and the required
mitigation measures reduce the risk of incidental take.
As background to the process of determining which species not
historically taken may have sufficient vulnerability to capture in
PIFSC gear to justify inclusion in these regulations, we note that the
PIFSC is NMFS's research arm in the central and western Pacific Ocean
and may be considered as a leading source of expert knowledge regarding
marine mammals (e.g., behavior, abundance, density) in the areas where
they operate. The species for which the take request was formulated
were selected by the PIFSC, and we have concurred with these decisions.
While PIFSC has not historically taken marine mammal species in its
longline gear, it is well documented that some species potentially
encountered during PIFSC surveys are taken in commercial longline
fisheries. In order to evaluate the potential vulnerability of species
to trawl and longline fishing gear and entanglement from instrument
deployment and traps, we first consulted the LOF. The LOF classifies
U.S. commercial fisheries into one of three categories according to the
level of incidental marine mammal M/SI that occurs on an annual basis
over the most recent 5-year period (generally) for which data has been
analyzed: Category I, frequent incidental M/SI; Category II, occasional
incidental M/SI; and Category III, remote likelihood of or no known
incidental M/SI. We provide summary information, as presented in the
2024 LOF (89 FR 12257, February 16, 2024), in table 4. In order to
simplify information presented, and to encompass information related to
other similar species from different locations, we group marine mammals
by genus (where there is more than one member of the genus found in
U.S. waters). Where there are documented incidents of M/SI incidental
to relevant commercial fisheries, we note whether we believe those
incidents provide sufficient basis upon which to infer vulnerability to
capture in PIFSC research gear. For a listing of all Category I, II,
and III fisheries using relevant gears, associated estimates of fishery
participants, and specific locations and fisheries associated with the
historical fisheries takes indicated in table 4 below, please see the
2024 LOF. For specific numbers of marine mammal takes associated with
these fisheries, please see the relevant SARs. More information is
available online at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a> and
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 4--U.S. Commercial Fisheries Interactions for Trawl and Longline Gear for Relevant Species
----------------------------------------------------------------------------------------------------------------
Vulnerability Vulnerability
Species \1\ Trawl \2\ inferred? \3\ Longline \2\ inferred \3\
----------------------------------------------------------------------------------------------------------------
Bottlenose dolphin.......................... N Y Y Y
False killer whale.......................... N N Y Y
Humpback whale.............................. N N Y Y
Kogia spp................................... N N Y Y
Pygmy killer whale.......................... N N Y Y
Risso's dolphin............................. N N Y Y
Rough-toothed dolphin....................... N Y Y Y
Short-finned pilot whale.................... N N Y Y
[[Page 21146]]
Sperm whale................................. N N Y Y
Striped dolphin............................. N Y Y Y
Cuvier's beaked whale....................... N N Y Y
Blainville's beaked whale................... N N Y Y
Pantropical spotted dolphin................. N Y N Y
Spinner dolphin............................. N Y N Y
----------------------------------------------------------------------------------------------------------------
\1\ Please refer to table 2 for taxonomic reference.
\2\ Indicates whether any member of the species has documented incidental M/SI in a U.S. fishery using that gear
in the most recent 5-year timespan for which data is available.
\3\ Indicates whether NMFS has inferred that a species not historically taken by PIFSC has the potential to be
taken in the future based on records of marine mammals taken by U.S. commercial fisheries. Y = yes, N = no.
Information related to incidental M/SI in relevant commercial
fisheries is not, however, the sole determinant of appropriateness for
authorizing take incidental to PIFSC survey operations. Numerous
factors (e.g., species-specific knowledge regarding animal behavior,
overall abundance in the geographic region, density relative to PIFSC
survey effort, feeding ecology, propensity to travel in groups commonly
associated with other species historically taken) were considered by
the PIFSC to determine whether a species not previously taken by PIFSC
may be taken during future research activities. In some cases, NMFS
have determined that species without documented M/SI may nevertheless
be vulnerable to capture in PIFSC research gear. Those species with no
records of historical interaction with PIFSC research gear and no
documented M/SI in relevant commercial fisheries, and for which the
PIFSC has not requested the authorization of incidental take, are not
considered further in this section. The PIFSC believes generally that
any sex or age class of those species for which take authorization is
requested could be taken.
To estimate the potential number of takes by M/SI from PIFSC
research gear, we first determine which species may have vulnerability
to capture by gear type. Of those species, we then determine whether
any may have similar propensity to be taken by a given gear as a
historically-taken species in U.S. commercial fisheries (inferred
vulnerability). For these species, we assume it is possible that take
could occur while at the same time contending that, absent significant
range shifts or changes in habitat usage, capture of a species not
historically taken by PIFSC research activities would likely be a very
rare event. Therefore, we assume that take by PIFSC would be a rare
event such that authorization of a single take over the 5-year period,
for each region where the gear is used and the species is present, is
likely sufficient given the low risk of marine mammals interacting with
PIFSC gear.
Longline--While longline research would only be conducted outside
of the longline exclusion areas (see <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/false-killer-whale-take-reduction">https://www.fisheries.noaa.gov/national/marine-mammal-protection/false-killer-whale-take-reduction</a>),
several species of small cetaceans were deemed to have a similar
vulnerability to longline gear as some historically-taken species by
other NMFS Fisheries Science Centers or by commercial fisheries using
factors outlined above. The commercial fisheries, HI deep-set longline
(Category I) and the HI shallow-set longline and American Samoa
longline (both Category II) fisheries, report taking marine mammals.
The longline fisheries the LOF identifies having taken marine mammals
on the High Seas are the Western Pacific Pelagic (HI Deep-set
component, Category I) and Western Pacific Pelagic (HI Shallow-set
component, Category II).
PIFSC assumes any take of marine mammals in longline fisheries
research activities will be a rare occurrence. As stated above, NMFS
expects that take of marine mammals by M/SI by PIFSC would be a rare
event such that no more than a single take of each species/stock by M/
SI over the 5-year period, is reasonably likely to occur. Therefore,
PIFSC requested, and NMFS is authorizing, one take in longline gear
over the 5-year authorization period throughout the PIFSC research area
for each of the following species: bottlenose dolphin (Hawai[revaps]i
pelagic stock), Blainville's beaked whale (Hawai[revaps]i pelagic
stock), Cuvier's beaked whale (Hawai[revaps]i pelagic stock), Kogia
spp. (Hawai[revaps]i stocks), false killer whale (Hawai[revaps]i
pelagic stock), Pantropical spotted dolphin (all stocks), pygmy killer
whale (Hawai[revaps]i stock), rough toothed dolphin (Hawai[revaps]i
stock), Risso's dolphin (Hawai[revaps]i stock), short-finned pilot
whale (Hawai[revaps]i stock), and striped dolphin (Hawai[revaps]i
stock) (table 5). While the LOF includes commercial fishery takes of
false killer whales and rough-toothed dolphins from the respective
American Samoa stocks, PIFSC has not requested, and NMFS has not
authorized, take by M/SI of these species/stocks because PIFSC does not
anticipate conducting longline research anywhere within the range of
these species/stocks throughout the time period addressed by this
application (e.g., longline surveys in the WCPRA would occur within 500
nmi of the HARA, which is at least 1600 nmi from the ASARA and outside
of the range of the American Samoa stocks of false killer whales and
rough-toothed dolphins). Additionally, the LOF includes commercial
fishery takes of the MHI insular stock of false killer whales, but
PIFSC will not be conducting longline research within the stock's
range; therefore, the PIFSC has not requested, and NMFS has not
authorized, M/SI takes of this stock. Spinner dolphins have not been
reported taken in Hawai[revaps]i based longline fisheries in the LOF.
The PIFSC therefore has not requested, and NMFS has not authorized, any
take of this species in analogous fisheries research gear.
While PIFSC has not historically taken large whales in its longline
gear, these species are taken in commercial longline fisheries. There
are two large whale species that have been taken by commercial longline
fisheries and for which PIFSC has requested a single take each over the
5-year authorization period in longline gear: the humpback whale and
the sperm whale. Sperm whales are listed as endangered under the ESA
and thus by definition, depleted under the MMPA. Although large whale
species could become entangled in longline gear, the probability of
interaction with PIFSC longline gear is extremely low
[[Page 21147]]
considering a much lower level of survey effort and shorter duration
sets relative to that of commercial fisheries. For example, in 2014
approximately 47.1 million hooks were deployed in commercial longline
fishing in the PIFSC research areas (see <a href="https://www.fisheries.noaa.gov/resource/data/hawaii-longline-fishery-logbook-summary-reports">https://www.fisheries.noaa.gov/resource/data/hawaii-longline-fishery-logbook-summary-reports</a>); in contrast PIFSC plans to deploy up to 73,500 hooks/
year or 0.0015 percent of the effort in these commercial fisheries. The
mitigation measures taken by PIFSC are also expected to reduce the
likelihood of taking large whales (see Mitigation section) Although
there is only a limited potential for take, PIFSC has requested, and
NMFS is authorizing, one take of humpback whale (Hawai[revaps]i stock)
in longline gear and one take of a sperm whale (Hawai[revaps]i stock)
by M/SI based on analogy with commercial fisheries over the 5-year
authorization period of this application.
Trawl--Although PIFSC has never taken small delphinids in a pelagic
midwater trawl such as an Isaacs-Kidd or Cobb trawl, and no commercial
trawl fisheries in PIFSC research areas have reported takes, there is a
remote possibility such a take could occur. This research targets very
small pelagic species (e.g., micronekton, pelagic larvae) not likely to
attract foraging small delphinids. Thus incidental catch of a small
delphinid is unlikely in either technique but even less so for the
Isaacs-Kidd trawl due to the very small opening (about 3 m x 3 m)
whereas the mouth of the PIFSC Cobb trawls are about 10 m x 10 m.
However, to address a rare situation or event, PIFSC requested, and
NMFS is authorizing, one take each of the following small delphinids in
trawl gear over the 5-year period of this rule: bottlenose dolphin (all
stocks), rough-toothed dolphin (Hawai[revaps]i stock), spinner dolphin
(all stocks), Pantropical spotted dolphin (all stocks), and striped
dolphin (Hawai[revaps]i stock).
Instrument and Trap Deployments-- Humpback whales inhabit shallow
waters, typically within the 100-fathom isobaths in the HARA (Baird et
al., 2000). PIFSC conducts a variety of instrument deployments and
insular fish abundance surveys between 50 m and 600 m and bottomfish
EFH surveys between 100-400 m (see table 1.1 in PIFSC's application)
using gear similar to that used in a variety of commercial fisheries.
Thus such research gear has the potential for entangling humpback
whales surfacing from dives. Such instruments include aMOUSS, BotCam,
baited remote underwater video systems (BRUVS) deployed from a vessel
and connected to the surface with a line to a float or vessel;
environmental sampling instruments deployed by line; and baited or
unbaited bottom traps such as lobster traps and fish traps deployed
from a vessel and connected to the surface with line to a float.
Therefore PIFSC requested, and NMFS is authorizing, one take of
humpback whale (Hawai[revaps]i stock) in gear associated with deployed
instruments and traps. In addition, based on a similarity in behavior,
several species of ``curious'' small delphinids have the potential for
becoming entangled in gear associated with instrument deployments.
PIFSC has established mitigation measures already in place to reduce
potential interactions (e.g., no deployment when marine mammals are
known to be in the immediate area). Because there is a remote chance
such entanglement may occur when an animal investigates such gear,
PIFSC requested, and NMFS is authorizing, one take each over the 5-year
authorization period of each of the following small delphinid species:
bottlenose dolphin (all stocks), rough-toothed dolphin (Hawai[revaps]i
stock), spinner dolphin (all stocks), and pantropical spotted dolphin
(all stocks) in ``instrument deployment'' gears.
Other gear--PIFSC considered the risk of interaction with marine
mammals for all the research gear and instruments it uses, but PIFSC
did not request, and NMFS has not authorized, incidental takes for
research gear other than midwater trawls, longline, instrument
deployments, and traps. PIFSC acknowledges that by having hooks, nets,
lines, or vessels in the water there is a potential for incidental take
of marine mammals during research activities. However, many of the
fisheries and ecosystem research activities conducted by PIFSC involve
gear or instruments that are not expected to cause mortality, serious
injury, or Level A harassment. These include gear and instruments that
are operated by hand or close enough to the vessel that they can be
continuously observed and controlled such as dip nets, scoop nets,
handheld gear and instruments used by SCUBA divers or free divers
(cameras, transect lines, and spears), environmental data collectors
deployed or attached by hand to the reef, marine debris removal tools
(knives and float bags), and small surface net trawls adjacent to the
vessel. Other gear or instruments that are used so infrequently,
operate so slowly, or carried out with appropriate mitigation measures
so as not to present a reasonable risk of interactions with marine
mammals include: autonomous vehicles such as gliders, autonomous
underwater vehicles (AUVs), unmanned aerial vehicles (UAVs), unmanned
aircraft systems (UASs), and towed optical assessment devices (TOADs);
submersibles; towed-divers; troll fishing; larval settlement traps
temporarily installed on the reef; expendable bathythermographs (XBTs);
and environmental data collectors temporarily deployed from a vessel to
the seafloor and then retrieved remotely such as high-frequency
recording packages (HARPs) and ecological acoustic readers (EARs).
Please refer to table 1.1 and appendix A in PIFSC's application for a
list of the research projects that use this gear and descriptions of
their use.
The gear and instruments listed above are not considered to have a
reasonable potential to take marine mammals given their physical
characteristics, how they are fished, and the environments where they
are used. There have been no marine mammal mortalities, serious
injuries, or takes by Level A harassment associated with any of these
gear types. Because of this, NMFS does not expect these activities to
result in take of marine mammals in the PIFSC research areas, and has
not authorized marine mammal take for these gears or instruments.
Bottomfishing--There is evidence that cetaceans and Hawaiian monk
seals occasionally pursue fish caught on various hook-and-line gear
(depredation of fishing lines) deployed in commercial and non-
commercial fisheries across Hawai[revaps]i (Nitta and Henderson, 1993;
Kobayashi and Kawamoto, 1994). This depredation behavior, which is
documented as catch loss from the hook-and-line gear, may be beneficial
to the marine mammal in providing prey but it also opens the
possibility for the marine mammal to be hooked or entangled in the
gear. PIFSC gave careful consideration to the potential for including
incidental take requests for marine mammals in bottom handline
(bottomfishing) gear because of the planned increase in research effort
using that gear in the Insular Fish Abundance Estimation Comparison
Survey (from approximately 700 sets per year to over 7000 sets per
year). PIFSC has not had any interactions in the past with marine
mammals while conducting research with bottomfishing gear in the MHI.
Bottlenose dolphins have been identified as the primary species
associated with depredation of catch in the bottomfish fishery and they
appear to be adept at pulling hooked fish from the gear without
breaking the line or taking hooks off the line (Kobayashi and Kawamoto,
1994). It is not known if
[[Page 21148]]
these interactions result in injury, serious injury, or mortality of
bottlenose dolphins or other cetaceans (Caretta et al., 2015). No
mortality or serious injuries of monk seals have been attributed to the
MHI bottomfish handline fishery (Caretta et al., 2019). In 2016, 11
seal hookings were documented and all were classified as non-serious
injuries, although 6 of these would have been deemed serious had they
not been mitigated (Henderson, 2017; Mercer, 2018). The hook-and-line
rigging used to target ulua (jacks, Caranx spp.) are typical of
shoreline fisheries that are distinct from the bottomfishing gear and
methods used by PIFSC during its fisheries and ecosystem research.
Although there are some similarities between the shoreline fishery and
the bottomfishing gear used by PIFSC (e.g., circle hooks), the general
size and the way the hooks are rigged (e.g., baits, leaders, weights,
tackle) are typically different and probably present different risks of
incidental hooking to monk seals. Ulua hooks are generally much larger
circle hooks than PIFSC uses because the targeted ulua are usually
greater than 50 pounds (23 kilograms) in weight. Shoreline fisheries
(deployed from shore with rod and reel) also typically use ``slide
bait'' or ``slide rigs'' that allow the use of live bait (small fish or
octopus) hooked in the middle of the bait. If a monk seal pursued this
live bait and targeted the center of the bait or swallowed it whole, it
could get hooked in the mouth. PIFSC research with bottomfishing gear
uses pieces of fish for bait that attract bottomfish but not monk
seals. Monk seals could be attracted to a caught bottomfish but, given
the length of the target bottomfish, it is unlikely that a monk seal
would be physically capable of swallowing the whole fish and thus
swallowing the hook. The risk of monk seals getting hooked on
bottomfishing gear used in PIFSC research is therefore less than the
risk of getting hooked on shoreline hook-and-line gears which are
identified in Caretta et al. (2019).
PIFSC has no records of marine mammals interacting with
bottomfishing research gear and given the mitigation measures the PIFSC
would be required to implement for bottomfishing research to prevent
marine mammals from interacting with bottomfishing activities (e.g.,
avoiding fishing when monk seals are present; see Mitigation below),
NMFS has determined that PIFSC use of research bottomfishing gear is
unlikely to result in incidental take of marine mammals. These
regulations require PIFSC to document potential depredation of its
bottomfish research gear (catch loss) in the future, and increase
monitoring efforts when catch loss becomes apparent, in an effort to
better understand the potential risks of hooking to monk seals and
other marine mammals.
Table 5--Total Estimated Take Due to Gear Interaction, 2025-30 \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Authorized M/SI Level A take (all areas combined)
-----------------------------------------------------------------------------------------------------------------
Midwater trawl Hook-and-line Instrument deployments Sum all gear
------------------------------------------------------ and traps (trawl, hook-
Common name (stock) --------------------------- and-line, and Sum all gears
Calculated Total takes Calculated Total takes Calculated Total takes instruments and 5-year
average take over 5-year average take over 5-year average take over 5-year traps) annual authorization
per year period per year period per year period request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blainville's beaked whale ............ ........... 0.2 1 ............ ........... 0.2 1
(Hawai[revaps]i stock)...............
Cuvier's Beaked whale (Hawai[revaps]i ............ ........... 0.2 1 ............ ........... 0.2 1
pelagic stock).......................
Bottlenose dolphin (Hawai[revaps]i 0.2 1 0.2 1 0.2 1 0.6 3
pelagic stock).......................
Bottlenose dolphin (All stocks, except 0.2 1 ............ ........... 0.2 1 0.4 2
above)...............................
False killer whale (Hawai[revaps]i ............ ........... 0.2 \c\ 1 ............ ........... 0.2 1
pelagic or unspecified \b\)..........
Humpback whale (Hawai[revaps]i stock). ............ ........... 0.2 1 0.2 1 0.4 2
Kogia spp. (Hawai[revaps]i stocks).... ............ ........... 0.2 1 ............ ........... 0.2 1
Pantropical spotted dolphin (all 0.2 1 0.2 1 0.2 1 0.6 3
stocks)..............................
Pygmy killer whale (Hawai[revaps]i ............ ........... 0.2 1 ............ ........... 0.2 1
stock )..............................
Risso's dolphin (Hawai[revaps]i stock) ............ ........... 0.2 1 ............ ........... 0.2 1
Rough-toothed dolphin (Hawai[revaps]i 0.2 1 0.2 1 0.2 1 0.6 3
stock)...............................
Rough-toothed dolphin (all stocks ............ ........... 0.2 1 0.2 1 0.4 2
except above)........................
Short-finned pilot whale ............ ........... 0.2 1 ............ ........... 0.2 1
(Hawai[revaps]i stock)...............
Sperm whale (Hawai[revaps]i stock )... ............ ........... 0.2 1 ............ ........... 0.2 1
Spinner dolphin (all stocks).......... 0.2 1 ............ ........... 0.2 1 0.4 2
Striped dolphin (all stocks).......... 0.2 1 0.2 1 ............ ........... 0.4 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Please see table 5 and preceding text for explanation of take estimates. Numbers of authorized takes are informed by area- and gear-specific
vulnerability. Because we have no specific information to indicate whether any given future interaction might result in M/SI versus Level A
harassment, we conservatively assume that all interactions equate to mortality for these fishing gear interactions.
\b\ Hawai[revaps]i pelagic stock is designated as strategic. ``Unspecified stock'' occurs on the high seas.
\c\ Longline research would only occur outside of FKW exclusion zone; potential take not in HARA, only within WCPRA.
Estimated Take Due to Acoustic Harassment
As described previously, we believe it is unlikely that PIFSC use
of active acoustic sources is realistically likely to cause Level B
harassment of marine mammals. However, per PISFC request, we
conservatively assume that, at worst, Level B harassment may result
from exposure to noise from these sources, and we carry forward the
analytical approach developed in support of all NMFS Science Center
incidental take regulations. In order to attempt to quantify the
potential for Level B harassment to occur, NMFS (including the PIFSC
and acoustics experts from other parts of NMFS) developed an analytical
framework considering characteristics of the active acoustic systems,
their expected patterns of use, and characteristics of the marine
mammal species that may interact with them. The framework incorporated
a
[[Page 21149]]
number of deliberately precautionary, simplifying assumptions, and the
resulting exposure estimates, which are presumed here to equate to take
by Level B harassment (as defined by the MMPA), may be seen as an
overestimate of the potential for such effects to occur as a result of
the operation of these systems.
Authorized takes from the use of active acoustic scientific sonar
sources (e.g., echosounders) are by Level B harassment only, in the
form of disruption of behavioral patterns for individual marine mammals
resulting from exposure to the use of active acoustic sources.
Regarding the potential for Level A harassment in the form of permanent
threshold shift to occur, the very short duration sounds emitted by
these sources reduces the likely level of accumulated energy an animal
is exposed to. An individual would have to remain exceptionally close
to a sound source for unrealistic lengths of time, suggesting the
likelihood of injury occurring is exceedingly small. Potential Level A
harassment is therefore not considered further in this analysis.
Generally speaking, we estimate take by considering: (1) acoustic
thresholds above which NMFS believes the best available science
indicates marine mammals will be behaviorally harassed or incur some
degree of permanent hearing impairment; (2) the area or volume of water
that will be ensonified above these levels in a day; (3) the density or
occurrence of marine mammals within these ensonified areas; and, (4)
and the number of days of activities. We note that while these basic
factors can contribute to a basic calculation to provide an initial
prediction of takes, additional information that can qualitatively
inform take estimates is also sometimes available (e.g., previous
monitoring results or average group size). Below, we describe the
factors considered here in more detail and present the take estimate.
Acoustic Thresholds
NMFS recommends the use of acoustic thresholds that identify the
received level of underwater sound above which exposed marine mammals
would be reasonably expected to be behaviorally harassed (equated to
Level B harassment) or to incur PTS of some degree (equated to Level A
harassment). As described in detail for PIFSC and other science centers
in previously issued Federal Register publications (e.g., 85 FR 53606,
August 28, 2020; 88 FR 27028, May 6, 2020), the use of the sources used
by NMFS Science Centers, including PIFSC, do not have the potential to
cause Level A harassment; therefore, our discussion is limited to
behavioral harassment (Level B harassment).
Level B Harassment for non-explosive sources--Though significantly
driven by received sound level, the onset of behavioral disturbance
from anthropogenic noise exposure is also informed to varying degrees
by other factors related to the source (e.g., frequency,
predictability, duty cycle), the environment (e.g., bathymetry), and
the receiving animals (hearing, motivation, experience, demography,
behavioral context) and can be difficult to predict (Southall et al.,
2007, Ellison et al., 2011). Based on the best available science and
the practical need to use a threshold based on a factor that is both
predictable and measurable for most activities, NMFS uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS predicts that marine mammals are likely to
be behaviorally harassed in a manner we consider Level B harassment
when exposed to underwater anthropogenic noise above received levels of
120 dB re 1 microPascal ([mu]Pa) root mean square (rms) for continuous
(e.g., vibratory pile-driving, drilling) and above 160 dB re 1 [mu]Pa
(rms) for intermittent (e.g., scientific sonar, seismic airgun)
sources.
The operating frequencies of active acoustic systems used by the
PIFSC range from 30-200 kHz (see table 2 in the Federal Register notice
of proposed rulemaking (86 FR 15298, March 22, 2021)). These
frequencies are within the very upper hearing range limits of baleen
whales (7 Hz to 35 kHz). The Simrad EM300 operates at a frequency of 30
kHz and the Simrad EK60 operates at 30-200 kHz. Baleen whales may be
able to detect sound from the Simrad EM300 and the Simrad EK60 when it
operates at the lower frequency. However, the beam pattern is extremely
narrow (1 degree) at that frequency. The Acoustic Doppler Current
Profiler (ADCP) Ocean Surveyor operates at 75 kHz, which is outside of
baleen whale hearing capabilities. Therefore, we would not expect any
exposures to these signals to result in behavioral harassment in baleen
whales.
The assessment paradigm for active acoustic sources used in PIFSC
fisheries research is relatively straightforward and has a number of
key simple and conservative assumptions. NMFS' current acoustic
guidance requires in most cases that we assume Level B harassment
occurs when a marine mammal receives an acoustic signal at or above a
simple step-function threshold. For use of these active acoustic
systems used during PIFSC research, NMFS uses the threshold is 160 dB
re 1 [mu]Pa (rms) as the best available science indicates the temporal
characteristics of a source are most influential in determining
behavioral impacts (Gomez et al., 2016), and it is NMFS long standing
practice to apply the 160 dB threshold to intermittent sources.
Estimating the number of exposures at the specified received level
requires several determinations, each of which is described
sequentially below:
(1) A detailed characterization of the acoustic characteristics of
the effective sound source or sources in operation;
(2) The operational areas exposed to levels at or above those
associated with Level B harassment when these sources are in operation;
(3) A method for quantifying the resulting sound fields around
these sources; and
(4) An estimate of the average density for marine mammal species in
each area of operation.
Quantifying the spatial and temporal dimension of the sound
exposure footprint (or ``swath width'') of the active acoustic devices
in operation on moving vessels and their relationship to the average
density of marine mammals enables a quantitative estimate of the number
of individuals for which sound levels exceed the relevant threshold for
each area. The number of potential incidents of Level B harassment is
ultimately estimated as the product of the volume of water ensonified
at 160 dB rms or higher and the volumetric density of animals
determined from simple assumptions about their vertical stratification
in the water column. Specifically, reasonable assumptions based on what
is known about diving behavior across different marine mammal species
were made to segregate those that predominately remain in the upper 200
m of the water column versus those that regularly dive deeper during
foraging and transit. Methods for estimating each of these calculations
are described in greater detail in the following sections, along with
the simplifying assumptions made, and followed by the take estimates.
Sound source characteristics--An initial characterization of the
general source parameters for the primary active acoustic sources
operated by the PIFSC was conducted, enabling a full assessment of all
sound sources used by the PIFSC and delineation of category 1 and
category 2 sources, the latter of which were carried forward for
analysis here. This auditing of the active acoustic sources also
enabled a determination of the predominant sources that, when
[[Page 21150]]
operated, would have sound footprints exceeding those from any other
simultaneously used sources. These sources were effectively those used
directly in acoustic propagation modeling to estimate the zones within
which the 160 dB rms received level would occur.
Many of these sources can be operated in different modes and with
different output parameters. In modeling their potential impact areas,
those features among those given previously in table 2 (e.g., lowest
operating frequency) of the proposed rulemaking that would lead to the
most precautionary estimate of maximum received level ranges (i.e.,
largest ensonified area) were used. The effective beam patterns took
into account the normal modes in which these sources are typically
operated. While these signals are brief and intermittent, a
conservative assumption was taken in ignoring the temporal pattern of
transmitted pulses in calculating Level B harassment events. Operating
characteristics of each of the predominant sound sources were used in
the calculation of effective line-kilometers and area of exposure for
each source in each survey.
Table 6--Effective Exposure Areas for Predominant Acoustic Sources Across Two Depth Strata
----------------------------------------------------------------------------------------------------------------
Effective exposure area:
Effective exposure area: Sea surface to depth at
Active acoustic system Sea surface to 200 m depth which sound is attenuated
(km\2\) to 160 dB SPL (km\2\) \a\
----------------------------------------------------------------------------------------------------------------
Simrad EK60........................................... 0.0082 0.0413
Simrad EM300.......................................... 0.112 3.7661
ADCP Ocean Surveyor................................... 0.0086 0.0187
----------------------------------------------------------------------------------------------------------------
\a\ Greater than 200 m depth.
Calculating effective line-kilometers--As described below, based on
the operating parameters for each source type, an estimated volume of
water ensonified at or above the 160 dB rms threshold was calculated.
In all cases where multiple sources are operated simultaneously, the
one with the largest estimated acoustic footprint was considered to be
the effective source. Two depth zones were defined for each of the four
research areas: 0-200 m and >200 m. Effective line distance and volume
ensonified was calculated for each depth strata (0-200 m and >200 m),
where appropriate. In some cases, this resulted in different sources
being predominant in each depth stratum for all line km (i.e., the
total linear distance traveled during acoustic survey operations) when
multiple sources were in operation. This was accounted for in
estimating overall exposures for species that utilize both depth strata
(deep divers). For each ecosystem area, the total number of line km
that would be surveyed was determined, as was the relative percentage
of surveyed line km associated with each source. The total line-
kilometers for each survey, the dominant source, the effective
percentages associated with each depth, and the effective total volume
ensonified are given below (table 7).
Calculating volume of water ensonified--The cross-sectional area of
water ensonified to a 160 dB rms received level was calculated using a
simple spherical spreading model of sound propagation loss (20 log R)
such that there would be 60 dB of attenuation over 1000 m. Spherical
spreading is a reasonable assumption even in relatively shallow waters
since, taking into account the beam angle, the reflected energy from
the seafloor will be much weaker than the direct source and the volume
influenced by the reflected acoustic energy would be much smaller over
the relatively short ranges involved. We also accounted for the
frequency-dependent absorption coefficient and beam pattern of these
sound sources, which is generally highly directional. The lowest
frequency was used for systems that are operated over a range of
frequencies. The vertical extent of this area is calculated for two
depth strata. These results, shown in table 7, were applied
differentially based on the typical vertical stratification of marine
mammals (see table 8).
Following the determination of effective sound exposure area for
transmissions considered in two dimensions, the next step was to
determine the effective volume of water ensonified at or above 160 dB
rms for the entirety of each survey. For each of the three predominant
sound sources, the volume of water ensonified is estimated as the
athwartship cross-sectional area (in square kilometers) of sound at or
above 160 dB rms (as illustrated in figure 6.1 of PIFSC's application)
multiplied by the total distance traveled by the ship. Where different
sources operating simultaneously would be predominant in each different
depth strata, the resulting cross-sectional area calculated took this
into account. Specifically, for shallow-diving species this cross-
sectional area was determined for whichever was predominant in the
shallow stratum, whereas for deeper-diving species this area was
calculated from the combined effects of the predominant source in the
shallow stratum and the (sometimes different) source predominating in
the deep stratum. This creates an effective total volume characterizing
the area ensonified when each predominant source is operated and
accounts for the fact that deeper-diving species may encounter a
complex sound field in different portions of the water column.
[[Page 21151]]
Table 7--Five-Year Total Line Kilometers for Each Vessel and Its Predominant Source Within Two Depth Strata
--------------------------------------------------------------------------------------------------------------------------------------------------------
Volume Volume
Average % Time Line km/ ensonified % Time Line km/ ensonified
Vessel--survey line kms Dominant source source dominant at 0-200 m source dominant at >200 m
per vessel dominant source (0- depth dominant source depth
(0-200m) 200m) (km\3\) (>200m) (>200m) (km\3\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hawaiian Archipelago Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hi[revaps]ialakai RAMP................. 36,000 Simrad EM 300............. 25 9,000 1,000.8 25 9,000 32,894.1
36,000 ADCP Ocean Surveyor....... 75 27,000 232.2 75 27,000 272.1
Hi[revaps]ialakai Coral Reef Benthic 17,000 Simrad EM 300............. 100 17,000 1,890.4 100 17,000 62,133.3
Mapping.
Oscar Elton Sette Kona IEA............. 5,000 EK60...................... 0 0 0 100 5,000 165.5
5,000 ADCP Ocean Surveyor....... 100 5,000 43.0 0 0 0
Oscar Elton Sette Insular Fish 3,000 EK60...................... 0 0 0 100 3,000 99.3
Abundance Estimation. 3,000 ADCP Ocean Surveyor....... 100 3,000 28.5 0 0 0
Hi[revaps]ialakai Deep Coral and Sponge 5,500 Simrad EM300.............. 100 5,500 611.6 100 5,500 20,102.0
Research.
Oscar Elton Sette Sampling Pelagic 4,000 EK60...................... 0 0 0 100 4,000 132.4
Stages of Insular Fish Species. 4,000 ADCP Ocean Surveyor....... 100 4,000 34.4 0 0 0
Oscar Elton Sette Cetacean Ecology 40,000 EK60...................... 0 0 0 100 40,000 1,324.0
Assessment. 40,000 ADCP Ocean Surveyor....... 100 40,000 344.0 0 0 0
Hi[revaps]ialakai or Oscar Elton Sette 2,500 EK60...................... 0 0 0 100 2,500 82.8
RAMP Gear & Instrument Development & 2500 ADCP Ocean Surveyor....... 100 2,500 21.5 0 0 0
Field Trials.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mariana Archipelago Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hi[revaps]ialakai RAMP................. 18,000 Simrad EK60............... 25 4,500 500.4 25 4,500 16,447.1
18,000 ADCP Ocean Surveyor....... 75 13,500 116.1 75 13,500 136.4
Hi[revaps]ialakai Coral Reef Benthic 8,600 Simrad EM 300............. 100 8,600 956.3 100 8,600 31,432.1
Mapping.
Oscar Elton Sette Insular Fish 2,000 EK60...................... 0 0 0 100 2,000 66.2
Abundance Estimation. 2,000 ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
Hi[revaps]ialakai Deep Coral and Sponge 5,500 Simrad EM 300............. 100 5,500 611.6 100 5,500 20,102.0
Oscar Elton Sette Sampling Pelagic 2,000 EK60...................... 0 0 0 100 2,000 66.2
Stages of Insular Fish. 2,000 ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
Oscar Elton Sette Cetacean Ecology 20,000 EK60...................... 0 0 0 100 20,000 662.0
Assessment. 20,000 ADCP Ocean Surveyor....... 100 20,000 172.0 0 0 0
Hi[revaps]ialakai Mariana Baseline 3,000 EK60...................... 0 0 0 100 3,000 99.3
Surveys. 3,000 ADCP Ocean Surveyor....... 100 3,000 25.8 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
American Samoa Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
NOAA ship Hi[revaps]ialakai RAMP....... 18,000 Simrad EK60............... 25 4,500 500.4 25 4,500 16,447.1
18,000 ADCP Ocean Surveyor....... 75 13,500 116.1 75 13,500 136.4
Hi[revaps]ialakai Coral Reef Benthic 8,600 Simrad EM 300............. 100 8,600 956.3 100 8,600 31,432.1
Mapping.
NOAA ship Oscar Elton Sette Insular 2,000 EK60...................... 0 0 0 100 2,000 66.2
Fish Abundance Estimation. ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
Hi[revaps]ialakai Deep Coral and Sponge 500 Simrad EM 300............. 100 500 55.6 100 500 1,827.5
Research.
Oscar Elton Sette Sampling Pelagic 2,000 EK60...................... 0 0 0 100 2,000 66.2
Stage of Insular Fish. 2,000 ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
Oscar Elton Sette Cetacean Ecology 20,000 EK60...................... 0 0 0 100 20,000 662.0
Assessment. 20,000 ADCP Ocean Surveyor....... 100 20,000 172.0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western and Central Pacific Research Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hi[revaps]ialakai RAMP................. 18,000 Simrad EK60............... 25 4,500 500.4 25 4,500 16,447.1
18,000 ADCP Ocean Surveyor....... 75 13,500 116.1 75 13,500 136.4
Hi[revaps]ialakai Coral Reef Benthic 8,600 Simrad EM 300............. 100 8,600 956.3 100 8,600 31,432.1
Mapping.
Oscar Elton Sette Oceanographic........ 7,000 EK60...................... 0 0 0 100 7,000 231.7
7,000 ADCP Ocean Surveyor....... 100 7,000 60.2 0 0 0
Oscar Elton Sette Insular Fish 2,000 EK60...................... 0 0 0 100 2,000 66.2
Abundance Estimation. 2,000 ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
Hi[revaps]ialakai Deep Coral and Sponge 500 Simrad EM 300............. 100 500 55.6 100 500 1,827.5
Oscar Elton Sette Sampling Pelagic 2,000 EK60...................... 0 0 0 100 2,000 66.2
Stages of Insular Fish. 2,000 ADCP Ocean Surveyor....... 100 2,000 17.2 0 0 0
[[Page 21152]]
Oscar Elton Sette Cetacean Ecology 20,000 EK60...................... 0 0 0 100 20,000 662.0
Assessment. 20,000 ADCP Ocean Surveyor....... 100 20,000 172.0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Marine Mammal Densities--One of the primary limitations to
traditional estimates of behavioral harassment from acoustic exposure
is the assumption that animals are uniformly distributed in time and
space across very large geographical areas, such as those being
considered here. There is ample evidence that this is in fact not the
case, and marine species are highly heterogeneous in terms of their
spatial distribution, largely as a result of species-typical
utilization of heterogeneous ecosystem features. Some more
sophisticated modeling efforts have attempted to include species-
typical behavioral patterns and diving parameters in movement models
that more adequately assess the spatial and temporal aspects of
distribution and thus exposure to sound. While simulated movement
models were not used to mimic individual diving or aggregation
parameters in the determination of animal density in this estimation,
the vertical stratification of marine mammals based on known or
reasonably assumed diving behavior was integrated into the density
estimates used.
First, typical two-dimensional marine mammal density estimates
(animals/km\2\) were obtained from various sources for each ecosystem
area. These were estimated from marine mammal SARs and other sources
(please see table 6-5 of PIFSC's application). There are a number of
caveats associated with these estimates:
(1) They are often calculated using visual sighting data collected
during one season rather than throughout the year. The time of year
when data were collected and from which densities were estimated may
not always overlap with the timing of PIFSC fisheries surveys (detailed
previously in Detailed Description of Activities).
(2) The densities used for purposes of estimating acoustic
exposures do not take into account the patchy distributions of marine
mammals in an ecosystem, at least on the moderate to fine scales over
which they are known to occur. Instead, animals are considered evenly
distributed throughout the assessed area, and seasonal movement
patterns are not taken into account.
(3) Marine mammal density information is in many cases based on
limited historical surveys and may be incomplete or absent for many
regions of the vast geographic area addressed by PIFSC fisheries
research. As a result density estimates for some species/stocks in some
regions are based on the best available data for other regions and/or
similar stocks.
In addition, and to account for at least some coarse differences in
marine mammal diving behavior and the effect this has on their likely
exposure to these kinds of often highly directional sound sources, a
volumetric density of marine mammals of each species was determined.
This value is estimated as the abundance averaged over the two-
dimensional geographic area of the surveys and the vertical range of
typical habitat for the population. Habitat ranges were categorized in
two generalized depth strata (0-200 m and greater than 200 m) based on
gross differences between known generally surface-associated and
typically deep-diving marine mammals (e.g., Reynolds and Rommel, 1999;
Perrin et al., 2009). Animals in the shallow-diving stratum were
assumed, on the basis of empirical measurements of diving with
monitoring tags and reasonable assumptions of behavior based on other
indicators, to spend a large majority of their lives (i.e., greater
than 75 percent) at depths shallower than 200 m. Their volumetric
density and thus exposure to sound is therefore limited by this depth
boundary. Species in the deeper diving stratum were reasonably
estimated to dive deeper than 200 m and spend 25 percent or more of
their lives at these greater depths. Their volumetric density and thus
potential exposure to sounds up to the 160 dB rms level is extended
from the surface to the depth at which this received level condition
occurs. Their volumetric density and thus potential exposure to sound
at or above the 160 dB rms threshold is extended from the surface to
500 m, (i.e., nominal maximum water depth in regions where these
surveys occur).
The volumetric densities are estimates of the three-dimensional
distribution of animals in their typical depth strata. For shallow-
diving species the volumetric density is the area density divided by
0.2 km (i.e., 200 m). For deeper diving species, the volumetric density
is the area density divided by a nominal value of 0.5 km (i.e., 500 m).
The two-dimensional and resulting three-dimensional (volumetric)
densities for each species in each ecosystem area are shown in table 8.
Table 8--Volumetric Densities Calculated for Each Species in the PIFSC Research Areas
----------------------------------------------------------------------------------------------------------------
Typical dive depth strata
Species (common name) ---------------------------------- Area density (#/ Volumetric
0-200 m >200 m km\2\) density (#/km\3\)
----------------------------------------------------------------------------------------------------------------
Hawaiian Archipelago Research Area
----------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin............. X ............... 0.02332 0.1166
Striped dolphin......................... X ............... 0.025 0.125
Spinner dolphin--all insular............ X ............... 0.009985 0.0499255
Rough-toothed dolphin................... X ............... 0.02963 0.14815
Bottlenose dolphin...................... X ............... 0.00899 0.04495
Risso's dolphin......................... ............... X 0.00474 0.00948
Fraser's dolphin........................ X ............... 0.02104 0.1052
[[Page 21153]]
Melon-headed whale...................... X ............... 0.00354 0.0177
Melon-headed whale--Kohala stock........ X ............... 0.001415 0.0070734
Pygmy killer whale...................... X ............... 0.00435 0.02175
False killer whale--pelagic............. ............... X 0.0006 0.0012
False killer whale--MHI insular......... ............... X 0.0009 0.0018
False killer whale--NWHI................ ............... X 0.0014 0.0028
Short-finned pilot whale................ ............... X 0.00797 0.01594
Killer whale............................ X ............... 0.00006 0.0003
Sperm whale............................. ............... X 0.00186 0.00372
Pygmy sperm whale....................... ............... X 0.00291 0.00582
Dwarf sperm whale....................... ............... X 0.00714 0.01428
Blainville's beaked whale............... ............... X 0.00086 0.00172
Cuvier's beaked whale................... ............... X 0.0003 0.0006
Longman's beaked whale.................. ............... X 0.00311 0.00622
Unidentified Mesoplodon................. ............... X 0.00189 0.00378
Unidentified beaked whale............... ............... X 0.00117 0.00234
Hawaiian monk seal...................... X ............... 0.003741 0.0187042
----------------------------------------------------------------------------------------------------------------
Mariana Archipelago Research Area
----------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin............. X ............... 0.0226 0.113
Striped dolphin......................... X ............... 0.00616 0.0308
Spinner dolphin......................... X ............... 0.009985 0.0499255
Rough-toothed dolphin................... X ............... 0.00314 0.0157
Bottlenose dolphin...................... X ............... 0.00029 0.00145
Risso's dolphin......................... ............... \1\ X 0.00021 0.00042
Fraser's dolphin........................ X ............... 0.02104 0.1052
Melon-headed whale...................... X ............... 0.00428 0.0214
Pygmy killer whale...................... X ............... 0.00014 0.0007
False killer whale--pelagic............. ............... \1\ X 0.00111 0.00222
Short-finned pilot whale................ ............... X 0.00159 0.00318
Killer whale............................ X ............... 0.00006 0.0003
Sperm whale............................. ............... X 0.00123 0.00246
Pygmy sperm whale....................... ............... X 0.00291 0.00582
Dwarf sperm whale....................... ............... X 0.00714 0.01428
Blainville's beaked whale............... ............... X 0.00086 0.00172
Cuvier's beaked whale................... ............... X 0.0003 0.0006
Unidentified beaked whale............... ............... X 0.00117 0.00234
----------------------------------------------------------------------------------------------------------------
American Samoa Research Area
----------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin............. X ............... 0.02332 0.1166
Spinner dolphin......................... X ............... 0.00475 0.02375
Rough-toothed dolphin................... X ............... 0.02963 0.14815
Bottlenose dolphin...................... X ............... 0.00899 0.04495
False killer whale...................... X ............... 0.00090 0.0045
Short-finned pilot whale................ ............... X 0.00797 0.01594
Killer whale............................ X ............... 0.00006 0.0003
Sperm whale............................. ............... X 0.00186 0.00372
Dwarf sperm whale....................... ............... X 0.00714 0.01428
Cuvier's beaked whale................... ............... X 0.00030 0.0006
Unidentified beaked whale............... ............... X 0.00117 0.00234
----------------------------------------------------------------------------------------------------------------
Western and Central Pacific Research Area
----------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin............. X ............... 0.02332 0.1166
Striped dolphin......................... X ............... 0.025 0.125
Spinner dolphin......................... X ............... 0.011095 0.055475
Rough-toothed dolphin................... X ............... 0.02963 0.14815
Bottlenose dolphin...................... X ............... 0.00899 0.04495
Risso's dolphin......................... ............... \1\ X 0.00474 0.00948
Fraser's dolphin........................ X ............... 0.02104 0.1052
Melon-headed whale...................... X ............... 0.00354 0.0177
Pygmy killer whale...................... X ............... 0.00435 0.02175
False killer whale...................... ............... \1\ X 0.00102 0.00204
Short-finned pilot whale................ ............... X 0.00797 0.01594
Killer whale............................ X ............... 0.00006 0.0003
Sperm whale............................. ............... X 0.00186 0.00372
Pygmy sperm whale....................... ............... X 0.00291 0.00582
Dwarf sperm whale....................... ............... X 0.00714 0.01428
Blainville's beaked whale............... ............... X 0.00086 0.00172
[[Page 21154]]
Cuvier's beaked whale................... ............... X 0.0003 0.0006
Deraniyagala's beaked whale............. ............... X 0.0003 0.0006
Longman's beaked whale.................. ............... X 0.00311 0.00622
Unidentified beaked whale............... ............... X 0.00117 0.00234
----------------------------------------------------------------------------------------------------------------
\1\ NMFS has classified these species as deep diving in the PIFSC research areas, which is different from their
classification as shallow-diving species by the other NMFS Fisheries Science Centers. These classifications of
deep-diving are based on unpublished data from telemetry studies including depth of dive and stomach contents
of deep-diving prey items (E. Oleson, personal communication, November 10, 2015).
Using Area of Ensonification and Volumetric Density to Estimate
Exposures--Estimates of potential incidents of Level B harassment
(i.e., potential exposure to levels of sound at or exceeding the 160 dB
rms threshold) are then calculated by using (1) the combined results
from output characteristics of each source and identification of the
predominant sources in terms of acoustic output; (2) their relative
annual usage patterns for each operational area; (3) a source-specific
determination made of the area of water associated with received sounds
at the extent of a depth boundary; and (4) determination of a
biologically-relevant volumetric density of marine mammal species in
each area. Estimates of Level B harassment by acoustic sources are the
product of the volume of water ensonified at 160 dB rms or higher for
the predominant sound source for each relevant survey and the
volumetric density of animals for each species. Source- and stratum-
specific exposure estimates are the product of these ensonified volumes
and the species-specific volumetric densities (tables 7, 8 and 9). The
general take estimate equation for each source in each depth stratum is
density * (ensonified area * line kms). To illustrate, we use the ADCP
Ocean Surveyor in the HARA and the pantropical spotted dolphin as an
example.
(1) ADCP Ocean Surveyor ensonified area (0-200 m) = 0.0086 km\2\.
(2) Total Line kms = 81,500 km.
(3) Pantropical spotted dolphin density (0-200 m) = 0.11660
dolphins/km\3\.
(4) Estimated exposures to sound >=160 dB rms = 0.11660 pantropical
spotted dolphin/km\3\ * (0.0086 km\2\ * 81,500 km) = 81.72 (rounded up)
= 82 estimated pantropical spotted dolphin exposures to SPLs >=160 dB
rms resulting from use of the ADCP Ocean Surveyor in the HARA.
Totals in tables 9-12 represent sums across all relevant surveys
and sources rounded up to the nearest whole number. Note that take of
baleen whales is not predicted due to the lack of overlap in their
hearing range with the operating frequencies of PIFSC acoustic sources.
Table 9--Densities and Estimated Source-, Stratum-, and Species-Specific 5-Year Estimates of Level B Harassment in the HARA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Level B harassment Estimated Level B
Volumetric (numbers of animals) in 0-200m harassment in >200m
Species/stocks density (#/ depth stratum depth stratum Total take
km\3\) ------------------------------------------------------------ \a\
EK60 EM300 ADCP EK60 EM300
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin....................................... 0.11660 0 408 82 0 0 490
Striped dolphin................................................... 0.12500 0 438 88 0 0 525
Spinner dolphin--all insular...................................... 0.04993 0 175 35 0 0 210
Rough-toothed dolphin............................................. 0.14815 0 519 104 0 0 623
Bottlenose dolphin (all stocks)................................... 0.04495 0 157 32 0 0 189
Risso's dolphin................................................... 0.00948 0 33 7 17 1,091 1,148
Fraser's dolphin.................................................. 0.10520 0 368 74 0 0 442
Melon-headed whale................................................ 0.01770 0 62 12 0 0 74
Melon-headed whale--Kohala stock.................................. 0.00707 0 25 5 0 0 30
Pygmy killer whale................................................ 0.02175 0 76 15 0 0 91
False killer whale--pelagic....................................... 0.00120 0 4 1 2 138 145
False killer whale--MHI insular................................... 0.00180 0 6 1 3 207 218
False killer whale--NWHI.......................................... 0.00280 0 10 2 5 322 339
Short-finned pilot whale.......................................... 0.01594 0 56 11 29 1,835 1,931
Killer whale...................................................... 0.00030 0 1 0 0 0 \b\ 6
Sperm whale....................................................... 0.00372 0 13 3 7 428 451
Pygmy sperm whale................................................. 0.00582 0 20 4 10 670 705
Dwarf sperm whale................................................. 0.01428 0 50 10 26 1,644 1,730
Blainville's beaked whale......................................... 0.00172 0 6 1 3 198 208
Cuvier's beaked whale............................................. 0.00060 0 2 0 1 69 73
Longman's beaked whale............................................ 0.00622 0 22 4 11 716 753
Unidentified Mesoplodon........................................... 0.00378 0 13 3 7 435 458
Unidentified beaked whale......................................... 0.00234 0 8 2 4 269 283
Hawaiian monk seal................................................ 0.01870 0 66 13 0 0 79
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes.
\b\ Where calculated take over 5 years is less than typical group size, authorized take has been increased to mean group size (U.S. Navy 2017).
[[Page 21155]]
Table 10--Densities and Estimated Source-, Stratum-, and Species-Specific 5-Year Estimates of Level B Harassment in the MARA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Level B harassment Estimated Level B harassment in
Volumetric (numbers of animals) in 0-200m >200m depth stratum
Species density (#/ depth stratum --------------------------------- Total take
km\3\) --------------------------------- \a\
EK60 EM300 ADCP EK60 EM300 ADCP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin................................. 0.11300 0 234 37 0 0 0 271
Striped dolphin............................................. 0.03080 0 64 10 0 0 0 74
Spinner dolphin............................................. 0.04993 0 103 17 0 0 0 120
Rough-toothed dolphin....................................... 0.01570 0 32 5 0 0 0 38
Bottlenose dolphin.......................................... 0.00145 0 3 0 0 0 0 \b\ 6
Risso's dolphin............................................. 0.00042 0 1 0 0 29 0 30
Fraser's dolphin............................................ 0.10520 0 218 35 0 0 0 \b\ 283
Melon-headed whale.......................................... 0.02140 0 44 7 0 0 0 \b\ 73
Pygmy killer whale.......................................... 0.00070 0 1 0 0 0 0 \b\ 7
False killer whale (pelagic)................................ 0.00222 0 5 1 2 151 0 159
Short-finned pilot whale.................................... 0.00318 0 7 1 3 216 0 227
Killer whale................................................ 0.00030 0 1 0 0 0 0 \b\ 4
Sperm whale................................................. 0.00246 0 5 1 2 167 0 175
Pygmy sperm whale........................................... 0.00582 0 12 2 5 396 1 416
Dwarf sperm whale........................................... 0.01428 0 30 5 13 971 2 1,020
Blainville's beaked whale................................... 0.00172 0 4 1 2 117 0 123
Cuvier's beaked whale....................................... 0.00060 0 1 0 1 41 0 43
Unidentified beaked whale................................... 0.00234 0 5 1 2 159 0 167
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes.
\b\ Where calculated take over 5 years is less than typical group size, authorized take has been increased to mean group size (U.S. Navy 2017).
Table 11--Densities and Estimated Source-, Stratum-, and Species-Specific 5-Year Estimates of Level B Harassment in the ASARA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Level B harassment Estimated Level B harassment in
Volumetric (numbers of animals) in 0-200m >200m depth stratum
Species density (#/ depth stratum --------------------------------- Total take
km\3\) --------------------------------- \a\
EK60 EM300 ADCP EK60 EM300 ADCP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin................................. 0.11660 0 176 38 0 0 0 214
Spinner dolphin............................................. 0.02375 0 36 8 0 0 0 44
Rough-toothed dolphin....................................... 0.14815 0 224 48 0 0 0 272
Bottlenose dolphin.......................................... 0.04495 0 68 14 0 0 0 82
False killer whale.......................................... 0.00450 0 7 1 0 0 0 \b\ 10
Short-finned pilot whale.................................... 0.01594 0 24 5 13 792 2 836
Killer whale................................................ 0.00030 0 0 0 0 0 0 \b\ 4
Sperm whale................................................. 0.00372 0 6 1 3 185 1 195
Dwarf sperm whale........................................... 0.01428 0 22 5 11 710 2 749
Cuvier's beaked whale....................................... 0.00060 0 1 0 0 30 0 31
Unidentified beaked whale................................... 0.00234 0 4 1 2 116 0 123
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes.
\b\ Where calculated take over 5 years is less than typical group size, authorized take has been increased to mean group size (U.S. Navy 2017).
Table 12--Densities and Estimated Source-, Stratum-, and Species-Specific 5-Year Estimates of Level B Harassment in the WCPRA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Level B harassment Estimated Level B harassment in
Volumetric (numbers of animals) in 0-200m >200m depth stratum
Species density (#/ depth stratum --------------------------------- Total Take
km \3\) --------------------------------- \a\
EK60 EM300 ADCP EK60 EM300 ADCP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pantropical spotted dolphin................................. 0.11660 0 176 45 0 0 0 221
Striped dolphin............................................. 0.12500 0 189 48 0 0 0 237
Spinner dolphin............................................. 0.05548 0 84 21 0 0 0 105
Rough-toothed dolphin....................................... 0.14815 0 224 57 0 0 0 281
Bottlenose dolphin.......................................... 0.04495 0 68 17 0 0 0 85
Risso's dolphin............................................. 0.00948 0 14 4 10 471 1 500
Fraser's dolphin............................................ 0.10520 0 159 40 0 0 0 283\b\
Melon-headed whale.......................................... 0.01770 0 27 7 0 0 0 73\b\
Pygmy killer whale.......................................... 0.02175 0 33 8 0 0 0 41
[[Page 21156]]
False killer whale.......................................... 0.00204 0 3 1 2 101 0 107
Short-finned pilot whale.................................... 0.01594 0 24 6 16 792 2 841
Killer whale................................................ 0.00030 0 0 0 0 0 0 4\b\
Sperm whale................................................. 0.00372 0 6 1 4 185 1 197
Pygmy sperm whale........................................... 0.00582 0 9 2 6 289 1 307
Dwarf sperm whale........................................... 0.01428 0 22 5 15 710 2 754
Blainville's beaked whale................................... 0.00172 0 3 1 2 85 0 91
Cuvier's beaked whale....................................... 0.00060 0 1 0 1 30 0 32
Deraniyagala's beaked whale................................. 0.00060 0 1 0 1 30 0 32
Longman's beaked whale...................................... 0.00622 0 9 2 6 309 1 328
Unidentified beaked whale................................... 0.00234 0 4 1 2 116 0 123
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Total take may not equal sum of estimated take from each acoustic source and depth stratum due to rounding of fractional calculated takes.
\b\ Where calculated take over 5 years is less than typical group size, authorized take has been increased to mean group size (U.S. Navy 2018)
Table 13--Total Authorized Annual and 5-Year Takes by Level B Harassment From Acoustic Disturbance
----------------------------------------------------------------------------------------------------------------
All areas 5-year total All areas average
Species take by Level B annual take by Level B
harassment harassment \a\
----------------------------------------------------------------------------------------------------------------
Blainville's beaked whale..................................... 422 84
Bottlenose dolphin............................................ 362 72
Cuvier's beaked whale......................................... 179 36
Deraniyagala's beaked whale................................... 32 6
Dwarf sperm whale............................................. 4,253 851
False killer whale............................................ 978 196
Fraser's dolphin.............................................. 1,008 202
Hawaiian monk seal............................................ 79 16
Killer whale.................................................. 18 4
Longman's beaked whale........................................ 1,081 216
Melon-headed whale............................................ 250 50
Pantropical spotted dolphin................................... 1,196 239
Pygmy killer whale............................................ 139 28
Pygmy sperm whale............................................. 1,428 286
Risso's dolphin............................................... 1,678 336
Rough-toothed dolphin......................................... 1,214 243
Short-finned pilot whale...................................... 3,835 767
Sperm whale................................................... 1,018 204
Spinner dolphin............................................... 479 96
Striped dolphin............................................... 836 167
Unidentified beaked whale..................................... 696 139
Unidentified Mesoplodon....................................... 458 92
----------------------------------------------------------------------------------------------------------------
\a\ Average annual take calculated by dividing total 5-year take by five and rounding to nearest whole number.
Estimated Take Due to Physical Disturbance
Take due to physical disturbance could potentially happen, as it is
likely that some Hawaiian monk seals will move or flush from known
haul-outs into the water in response to the presence or sound of PIFSC
vessels or researchers. In the MHI and the NWHI, there are numerous
sites used by the Hawaiian monk seal to haul out (sandy beaches, rocky
outcroppings, exposed reefs) where the physical presence and sounds of
researchers walking by or passing nearby in small boats may disturb
animals present. Disturbance to Hawaiian monk seals would occur in the
HARA only. Physical disturbance would result in no greater than Level B
harassment. Behavioral responses may be considered according to the
scale shown in table 14 and based on the method developed by Mortenson
(1996). We consider responses corresponding to levels 2-3 to constitute
Level B harassment.
Table 14--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
1..................... Alert.................. 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
animal's body length.
[[Page 21157]]
2*.................... Movement............... Movements in response
to the source of
disturbance, ranging
from short withdrawals
at least twice the
animal's body length
to longer retreats
over the beach, or if
already moving a
change of direction of
greater than 90
degrees.
3*.................... Flush.................. All retreats (flushes)
to the water.
------------------------------------------------------------------------
* Only observations of disturbance levels 2 and 3 are recorded as takes.
The draft 2023 SAR for Hawaiian monk seal estimates the total
abundance in the Hawaiian archipelago is 1,564 seals (CV = 0.05). Not
all of these seals haul out at the same time or at the same places, and
therefore it is difficult to predict if any monk seals will be present
at any particular research location at any point in time. For MTBAP
activities, we use anecdotal information from the past 5 years on monk
seal presence during turtle surveys, but for the projects where seal
observations have not been recorded in the past, the best way to
estimate the amount of Level B harassment from those projects (i.e.,
Reef Assessment and Monitoring Program (RAMP) and Marine Debris
Research and Removal (MDRR)) would be to approximate the number of
seals hauled out at any point in time across the HARA and the
probability that a researcher would be close enough to actually disturb
the seal.
Since 2018, MTBAP has been systematically recording any potential
takes of monk seals during turtle survey activities in the NWHI. This
data includes the total number of seals present, and the number of
seals that reacted to the turtle research activities by level of
disturbance (table 14). On any given survey, the maximum number of
seals that were observed at one time over 664 surveys was 52 and the
average number of monk seals reacting to the presence of researchers at
levels 2-3 (table 14) in 1 year was 29 seals (NMFS unpublished data).
The greatest number of levels 2 and 3 disturbances of monk seal in
1 year was 62 in 2021; however the next highest annual disturbance
number was 28 in 2020 (NMFS unpublished data). 2021 was a peak sea
turtle nesting season and had a long field season (6 months, compared
to a typical 4 month season). In comparison, 2018 was also a peak sea
turtle nesting season that had a similarly long field season, but had
only 20 records of level 2-3 reactions. Given these data, and allowing
for a buffer for seals at other islands where sea turtle research
activities occur, we would not expect take of monk seals to exceed more
than approximately 70 instances of Level B harassment in any given year
due to MTBAP research activities. This estimate of potential annual
monk seal take resulting from MTBAP research activities is small
relative to the annual take by Level B harassment of monk seals from
other PIFSC research, as described in the 2021 proposed rule and
detailed in the following, and we anticipate that the total described
below would be inclusive of the amount anticipated to result from MTBAP
activities.
Parrish et al. (2002) estimated approximately one-third of the
total population may be hauled out at any point in time. Assuming that
all seals have an equal probability of hauling out anywhere in the
archipelago, one-third of 1,564 is approximately 500 individual monk
seals. Given that the two surveys with the highest probability of
disturbing monk seals, aside from MTBAP research, (i.e., RAMP and MDRR)
systematically circumnavigate all the islands and atolls when they are
conducted, we could estimate the annual maximum number of Level B
harassment takes as 1,000 during the years when these are conducted.
Over the course of 5 years, this would be approximately 5,000 potential
instances of Level B harassment if all the surveys took place every
year at every location across the HARA. However, RAMP surveys occur in
the HARA approximately twice every 5 years and MDRR Surveys are rarely
funded to a level that would support complete circumnavigation of the
HARA each year. In addition, during some RAMP surveys the location of
marine debris are identified (and recorded), thus precluding the need
for marine debris identification later (only removal). Therefore, the
approximately 5,000 potential disturbances over 5 years can be reduced
by assuming that the maximum annual harassment would occur on only 2 of
5 years, i.e., to approximately 2,000 potential disturbances over 5
years. Furthermore, not all small boat operations during the surveys
for these 2 programs are close enough to the shoreline to actually
cause a disturbance like those caused from MTBAP activities (e.g., a
seal may be hauled out on a beach in a bay but the shallow fringing
reef may keep the RAMP or MDRR small boats from getting within half of
a mile from shore). Additionally, all researchers implement avoidance
and minimization measures while carrying out the surveys to further
reduce the likelihood of disturbing monk seals. The approximately 2,000
potential disturbances can realistically be expected to be reduced
through avoidance or sheer geographical separation by at least 50
percent based on prior experience of the PIFSC. Therefore, the PIFSC
has requested, and NMFS is authorizing, 1,000 instances of Level B
harassment of Hawaiian monk seals due to the physical presence of
researchers over the 5-year authorization period, or an average of 200
takes by Level B harassment per year. We anticipate that this estimate
would be inclusive of the takes resulting from MTBAP activities.
Mitigation
In order to issue an incidental take authorization under Section
101(a)(5)(A) or (D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to the specified activity, ``and other means
of effecting the least practicable impact on [the] species or stock and
its habitat, paying particular attention to rookeries, mating grounds,
and areas of similar significance, and on the availability of such
species or stock'' for certain subsistence uses. NMFS' regulations
require applicants for incidental take authorizations to include
information about the availability and feasibility (economic and
technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is
[[Page 21158]]
expected to reduce impacts to marine mammals, marine mammal species or
stocks, and their habitat. This considers the nature of the potential
adverse impact being mitigated (likelihood, scope, range). It further
considers the likelihood that the measure will be effective if
implemented (probability of accomplishing the mitigating result if
implemented as planned) the likelihood of effective implementation
(probability implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations, personnel safety, and practicality of implementation.
Mitigation for Marine Mammals and Their Habitat
The PIFSC has invested significant time and effort in identifying
technologies, practices, and equipment to minimize the impact of the
planned activities on marine mammal species and stocks and their
habitat. The mitigation measures discussed here have been determined to
be both effective and practicable and, in some cases, have already been
implemented by the PIFSC. In addition, the PIFSC is actively conducting
research to determine if gear modifications are effective at reducing
take from certain types of gear; any potentially effective and
practicable gear modification mitigation measures will be discussed as
research results are available as part of the adaptive management
strategy included in this rule.
General Measures
Visual Monitoring--Effective monitoring is a key step in
implementing mitigation measures and is achieved through regular marine
mammal watches. Marine mammal watches are a standard part of conducting
PIFSC fisheries research activities, particularly those activities that
use gears that are known to or potentially interact with marine
mammals. Marine mammal watches and monitoring occur during daylight
hours prior to deployment of gear (e.g., trawls, longline gear), and
they continue until gear is brought back on board. If marine mammals
are sighted in the area and are considered to be at risk of interaction
with the research gear, then the sampling station is either moved or
canceled or the activity is suspended until the marine mammals are no
longer in the area. On smaller vessels, the Ch
[…truncated; see source link]Indexed from Federal Register on May 16, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.