[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59657-59658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29160]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 101497D]


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Offshore Cetacean Take Reduction Plan 
Environmental Assessment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has prepared an Environmental Assessment (EA) on the 
alternatives being considered for implementation of the Atlantic 
Offshore Cetacean Take Reduction Plan. NMFS is requesting comments on 
the EA before it is finalized.

DATES: Written comments must be received on or before December 4, 1997.

ADDRESSES: Copies of the EA or the draft Atlantic Offshore Cetacean 
Take Reduction Plan may be obtained from Chief, Marine Mammal Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910, or by calling (301) 713-2322.
    Written comments should be submitted to Chief, Marine Mammal 
Division, Office of Protected Resources, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Victoria Cornish, Office of Protected 
Resources, (301) 713-2322.

SUPPLEMENTARY INFORMATION: Section 118(f) of the Marine Mammal 
Protection Act (MMPA) requires NMFS to establish a Take Reduction Team 
(TRT) to prepare a draft Take Reduction Plan (TRP) designed to assist 
in the recovery or to prevent the depletion of each strategic marine 
mammal stock that interacts with certain fisheries. The immediate goal 
of a TRP is to reduce, within 6 months of its implementation, the 
mortality and serious injury of strategic stocks incidentally taken in 
the course of commercial fishing operations to below the Potential 
Biological Removal (PBR) levels established for such stocks.
    The U.S. Atlantic, Caribbean, Gulf of Mexico pelagic drift gillnet 
fishery for swordfish, tuna, and shark interacts with several strategic 
marine mammal stocks, including long-finned and short-finned pilot 
whales, common dolphins, Atlantic spotted dolphins, the offshore stock 
of bottlenose dolphin, humpback whales, northern right whales, and 
sperm whales. The U.S. Atlantic, Caribbean, Gulf of Mexico pelagic 
longline fishery for swordfish, tuna, and shark interacts with two 
strategic marine mammal stocks: Pilot whales and Atlantic spotted 
dolphins (62 FR 3005, January 21, 1997). These stocks are considered 
strategic under the MMPA because they are listed as either an 
endangered or threatened species under the Endangered Species Act or 
because the level of human-caused mortality is greater than their PBR 
levels.
    NMFS established the Atlantic Offshore Cetacean TRT on May 23, 1996 
(61 FR 25846) to prepare a draft plan aimed at reducing bycatch of the 
strategic marine mammals stocks taken as bycatch in the U.S. Atlantic 
pelagic drift gillnet and longline fisheries. The Team submitted a 
draft Atlantic Offshore Cetacean Take Reduction Plan to NMFS on 
November 25, 1996.
    NMFS has prepared an EA on the alternatives being considered for 
implementation of the final Plan. The EA addresses four alternatives: 
(1) A no-action alternative, (2) adoption of the draft plan as 
submitted by the Team, (3) adoption of a modified plan, with a marine 
mammal bycatch limit for drift gillnets, and (4) adoption of a modified 
plan, with a drift gillnet gear prohibition.
    This assessment considers information that was not available to the 
Team at the time of their deliberations. This new information has 
resulted in the development of Alternatives 3 and 4, which are based on 
take reduction strategies discussed by the team while they were 
developing their draft plan. NMFS is making this EA available to the 
public, with a discussion of the new information and the rationale for 
the development of Alternatives 3 and 4, to provide an opportunity for 
public consideration and comment before regulations to implement a TRP 
for the drift gillnet and longline fisheries are proposed. As a result, 
this EA does not indicate a preferred alternative or identify a 
proposed action for implementation of the plan. After the close of the 
public comment period on this EA, NMFS will identify the preferred 
alternative for reducing incidental takes of marine mammals in these 
fisheries and request public comments on these proposed regulations.
    A brief description of the take reduction strategies in each 
alternative is as follows:
    Alternative 1: Status Quo, or No Action, Alternative
    The no-action alternative would maintain existing regulations for 
both the pelagic drift gillnet and longline fisheries. This alternative 
would allow continued mortality and serious injury of strategic marine 
mammal stocks in these fisheries at a level above each stock's PBR 
level, which is in violation of section 118 of the MMPA.
    Alternative 2: Take Reduction Plan, as Drafted by the Atlantic 
Offshore Cetacean Take Reduction Team
    This alternative would adopt the Team's draft plan as submitted to 
NMFS on November 25, 1997. This plan would prohibit fishing in right 
whale critical habitat areas by both the drift gillnet and longline 
fisheries. This plan would regulate the drift gillnet fishery using the 
following strategies: (1) 100 percent marine mammal observer coverage, 
(2) limited entry for the swordfish drift gillnet fishery, (3) 
prohibition of drift gillnet gear south of Hudson Canyon from December 
1 through May 31, and (4) a set allocation designed to reduce the derby 
nature of the fishery. In the longline fishery, the following 
regulatory strategies would be implemented: (1) Length-of-gear limit on 
pelagic longline gear from August to November in the Mid-Atlantic 
Bight, (2) reduction in maximum soak time in the Mid-Atlantic Bight 
during August-November by hauling gear in the order it was set, and (3) 
a requirement that longliners move after one entanglement with a marine 
mammal. In addition to these regulatory changes, the Team's draft plan 
included several non-regulatory strategies which were not considered in 
the preparation of the EA. Non-regulatory measures recommended by the 
team primarily focus on NMFS' long-term research, monitoring, and 
management objectives which would not be implemented by regulation in 
the near future and are an extension of actions currently underway to

[[Page 59658]]

implement the broad management goals of the MMPA, Magnuson-Stevens 
Fishery Conservation and Management Act, and the Atlantic Tunas 
Convention Act.
    Alternative 3: Modified Plan, with Marine Mammal Bycatch Limit for 
the Drift Gillnet Fishery
    This alternative would modify the Team's draft plan to include a 
marine mammal bycatch limit for the drift gillnet fishery. Under this 
alternative, the following combination of measures are proposed for the 
drift gillnet fishery: (1) Limited entry to the drift gillnet fishery, 
(2) prohibition of drift gillnet gear south of Hudson Canyon year-
round, (3) prohibition on the use of drift gillnet gear from November 1 
through July 31, (4) 100 percent marine mammal observer coverage, (5) 
mandatory education workshops for all vessel operators, and (6) a per-
vessel marine mammal bycatch limit. The longline fishery would be 
subject to the same regulations specified in Alternative 2, with the 
following exceptions: (1) The areas subject to regulation would be 
expanded to include the Northeast Coastal area and (2) educational 
workshops would be mandatory for all vessel operators.
    Alternative 4: Modified Plan, with Prohibition of Drift Gillnet 
Gear
    This alternative would modify the team's draft plan to include a 
ban on the use of drift gillnet gear to target swordfish, tuna, and 
shark, except where otherwise authorized (i.e., the southeast U.S. 
shark gillnet fishery). This alternative would adopt the longline 
fishery take reduction strategies outlined in Alternative 3.

    Dated: October 29, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-29160 Filed 11-3-97; 8:45 am]
BILLING CODE 3510-22-F