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Marine Mammals; Notice of Intent to Prepare an Environmental Impact Statement for the Atlantic Large Whale Take Reduction Plan (ALWTRP)
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 30, 2003 (Volume 68, Number 125)]
[Notices]
[Page 38676-38678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn03-53]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 061903A]
Marine Mammals; Notice of Intent to Prepare an Environmental
Impact Statement for the Atlantic Large Whale Take Reduction Plan
(ALWTRP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to prepare an Environmental Impact
Statement
[[Page 38677]]
(EIS); notice of public scoping meetings; request for comments.
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SUMMARY: NMFS announces its intention to prepare an EIS for the
ALWTRP, in accordance with the National Environmental Policy Act
(NEPA), to analyze impacts to the environment of the management
alternatives under consideration. The purpose of this action is to
solicit public comments on the scope of issues to be addressed in the
EIS. NMFS requests comments on management options, including those
provided by the Atlantic Large Whale Take Reduction Team (ALWTRT), for
this action. Additionally, NMFS is seeking information on the range of
impacts that should be considered for the various options designed to
reduce the incidental mortality and serious injury of right, humpback
and finback whales incidentally taken in commercial fisheries.
DATES: Written comments must be postmarked or transmitted via
facsimile (fax) at the appropriate address or number (see ADDRESSES) no
later than 5 p.m. Eastern Standard Time on July 30, 2003. The public
scoping meetings will be held in July. For specific dates and times see
SUPPLEMENTARY INFORMATION.
ADDRESSES: Written comments on this action should be sent to: Mary
Colligan, Assistant Regional Administrator for Protected Resources,
NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930, Attn:
Large Whale EIS. Comments may also be sent via fax to 978-281-9394.
Comments submitted via e-mail or Internet will not be accepted. Copies
of the most recent marine mammal stock assessment reports may be
obtained by writing Chief, Marine Mammal Division, Office of Protected
Resources, NMFS, Silver Spring, MD 20910 or may be downloaded from the
Internet (see Electronic Access). For locations of scoping meetings see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast
Region, 978-281-9328 ext. 6503; Juan Levesque, NMFS/Southeast Region,
727-570-5779; or Kristy Long, NMFS, Office of Protected Resources, 301-
713-2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
The ALWTRP is implemented under authority of the Marine Mammal
Protection Act (MMPA) by regulations at 50 CFR 229.32. Copies of the
background documents provided to the ALWTRT in advance of the April
2003 ALWTRT meeting and general information on the ALWTRP may be
obtained from the ALWTRP website at: http://www.nero.nmfs.gov/whaletrp.
Copies of the most recent marine mammal stock assessment
reports may be downloaded from the Office of Protected Resources website
at: http://www.nmfs.noaa.gov/pr/PR2/Stock_Assessment_Program/individual_
sars.html. Once available, a meeting summary of the April 2003
ALWTRT meeting will be posted on the ALWTRP website. A document which
summarizes ALWTRP options from the April 2003 meeting and subsequent
subgroup meetings will also be posted on the ALWTRP website on or about
July 1, 2003, and made available to the public at scoping meetings.
Background
On June 14, 2001, NMFS issued four Biological Opinions (BOs) as the
result of Endangered Species Act section 7 consultations on the Fishery
Management Plans (FMPs) for the monkfish, spiny dogfish, and Northeast
multispecies fisheries, and on the Federal regulations for the American
lobster fishery. The BOs concluded that the regulations implementing
the three FMPs and the lobster regulations were likely to jeopardize
the continued existence of right whales. In response to this finding,
NMFS developed a Reasonable and Prudent Alternative (RPA) with multiple
management components. As part of its RPA, NMFS developed gear
restrictions for the anchored gillnet and lobster trap fisheries based
on predictable annual concentrations of right whales. This management
component is known as the Seasonal Area Management (SAM) program.
The BOs established September 30, 2001 as the deadline for
identifying proposed rules to implement the RPA. NMFS complied with the
deadline by publishing an Advanced Notice of Proposed Rulemaking (ANPR)
and a Notice of Intent (NOI) to Prepare an EIS for the SAM program on
October 3, 2001 (66 FR 50390). However, the Federal District Court for
the District of Massachusetts ordered NMFS to prepare a proposed rule
to implement the SAM program by November 23, 2001, and a final rule to
implement the program by December 31, 2002. As a result of the Court's
findings, NMFS engaged in an accelerated rulemaking process for
implementing a SAM program. The SAM program was approved on December
31, 2002, and published as an interim final rule on January 9, 2002 (67
FR 1142). In support of the interim final rule for the SAM program,
NMFS prepared an Environmental Assessment and Regulatory Impact Review.
Information concerning the BOs, including the RPA may be found in the
original ANPR and NOI for the SAM program published on October 3, 2001
(see citation above) and is not repeated here.
This EIS was originally intended to analyze impacts to the
environment of different management alternatives that would finalize
the SAM program. However, due to continuing large whale entanglements
in fishing gear since the publication of the SAM interim final rule,
NMFS believes additional modifications to the ALWTRP are needed.
Therefore, this document announces NMFS' intent to change the scope of
the EIS and consider more alternatives for possible amendments to the
ALWTRP. NMFS believes modifications to the ALWTRP are needed to meet
the goals of the MMPA by reducing incidental mortality and serious
injury to three strategic large whale species - the North Atlantic
right whale (Eubalaena glacialis), humpback whale (Megaptera
novaeangliea), and fin whale (Balaenoptera physalus) - incidentally
taken in commercial fisheries to or below the Potential Biological
Removal (PBR) level for each stock.
ALWTRT
NMFS reconvened the ALWTRT April 28-30, 2003, to help evaluate the
ALWTRP, which currently regulates lobster trap/pot and gillnet
fisheries, and discuss additional modifications that may be necessary
to meet the goals of the MMPA. For example, five right whale
mortalities and eight entanglements were documented in 2002. The ALWTRT
was asked to consider and develop possible options to address fishery
interactions with large whales by reducing the potential for
entanglements, minimize adverse effects if entanglements occur, and
mitigate the effects of any unavoidable entanglements. New fisheries
(Northeast trap/pot, Mid-Atlantic mixed species trap/pot, and Mid-
Atlantic and Southeast Atlantic black sea bass trap/pot fisheries) were
added to the ALWTRT process in 2003, including those that target
hagfish, Jonah crab, red crab, shrimp, black sea bass, and conch/whelk.
NMFS requested that the ALWTRT consider options for regulating these
fisheries under the ALWTRP.
It was agreed that the ALWTRT would meet in separate subgroups over
the two months following the April 2003 meeting to further refine the
proposals developed at the meeting. These
[[Page 38678]]
ALWTRT meetings included a ``Northeast Inshore Lobster Trap/Pot''
subgroup that met on May 19, 2003, in Portsmouth, NH; an ``Offshore
Trap/Pot'' subgroup that met on June 17, 2003, in Gloucester, MA, and a
``Southeast/Mid-Atlantic'' subgroup that is expected to meet on June
23, 2003, in Philadelphia, PA. All ALWTRT meetings, including subgroup
meetings, are open to the public. Recommendations and/or proposals from
the full ALWTRT and subsequent subgroup meetings will be used to draft
a management options document that will be distributed at scoping
meetings.
Management Options
This notice provides an opportunity for public involvement in
identifying the scope of the issues to be addressed in the EIS. NMFS
requests comments on management options, including those provided by
the ALWTRT, for this action. Additionally, NMFS is seeking information
on the range of impacts that should be considered for the various
options. Background documents provided to the ALWTRT and general public
in advance of the April 2003 meeting are available for review (see
Electronic Access). A summary of options from the ALWTRT meetings will
be made available prior to the scoping meetings (see Electronic
Access). Comments received on this action will assist NMFS in
determining the alternatives for rulemaking to reduce interactions of
right, humpback, and fin whales with commercial fisheries.
The ALWTRP (50 CFR 229.32) is a multi-faceted plan that includes
area closures, gear modification requirements in areas open to fixed
gear fishing, Dynamic Area Management (DAM) and SAM programs, gear
research to develop new modifications to current practices and/or
fishing techniques, a right whale Sighting Advisory System, and a
disentanglement program to free whales incidentally caught in fishing
gear. Proposals to amend the ALWTRP that were discussed by the ALWTRT
included, but were not limited to, eliminating or modifying the DAM
program; expanding the SAM program by increasing the areas in time and
space; modifying the current gear modifications in SAM and DAM areas by
allowing for two buoy lines and polypropylene line on the bottom third
of the buoy line; eliminating the DAM and SAM programs and implementing
a phase-in period for broad-based gear modifications, including a
requirement for sinking/neutrally buoyant line in groundlines or
reducing the line profile of groundlines; increased gear research to
reduce risk associated with buoy lines; consideration of regional and
seasonal differences in fishing practices in the waters regulated under
the ALWTRP; regulating other trap/pot fisheries (e.g. hagfish, Jonah
crab, red crab, black sea bass, scup, tautog, shrimp, conch/whelk)
under the ALWTRP; exempting waters both by area and depth based on lack
of whale sightings in these areas, or unlikelihood that whales dive to
deep depths; consideration of ``special areas'' where additional time
is needed to phase-in sinking/neutrally buoyant line in groundlines or
reducing the line profile of groundlines due to rocky bottom areas;
clarifications to the ALWTRP regulatory language; revised gear marking
scheme; increased gear research to reduce risk associated with buoy
lines; and expanded ALWTRP outreach.
Within the comment period established by this notice (see DATES),
NMFS will hold six public scoping meetings to gather public comment on
the development and implementation of new management measures for the
ALWTRP.
Schedule of Public Scoping Meetings
The dates, times, and locations of the meetings are scheduled as
follows:
1. Monday, July 7, 2003 - Fairhaven, MA, 6-9 p.m.
Holiday Inn, 110 Middle Street, Fairhaven, MA 02719
2. Wednesday, July 9, 2003 - Cape May Court House, NJ, 6-9 p.m.
Rutgers Cooperative Extension of Cape May County, 355 Court House/
South Dennis
Road (Route 657), Cape May Court House, NJ
3. Thursday, July 10, 2003 - Washington, NC, 6-9 p.m.
North Carolina Division of Marine Fisheries, Pamlico District
Office, 943 Washington
Square Mall, Washington, NC 27889
4. Monday, July 14, 2003 - Portland, ME, 6-9 p.m.
Holiday Inn - Portland by the Bay, 88 Spring Street, Portland, ME
04101
5. Tuesday, July 15, 2003 - Ellsworth, ME, 6-9 p.m.
Holiday Inn, 215 High Street, Ellsworth, ME 04505
6. Thursday, July 17, 2003 - Ft. Pierce, FL, 6-9 p.m.
Holiday Inn, Okeechobee Road, Ft. Pierce, FL 34950
Special Accommodations
These meetings are physically accessible to people with
disabilities. Request for sign language interpretation or other
auxiliary aids should be directed to Diane Borggaard 978 - 281-9328.
Dated: June 24, 2003.
Laurie K. Allen,
Acting Director of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 03-16430 Filed 6-27-03; 8:45 am]
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