[Federal Register Volume 66, Number 139 (Thursday, July 19, 2001)]
[Notices]
[Pages 37641-37642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18005]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 062701B]


Marine Mammals: Environmental Assessment on Allocating Gray 
Whales to the Makah Tribe for the years 2001 and 2002

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

ACTION: Notice of availability.

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SUMMARY: NMFS announces the availability of an Environmental Assessment 
(EA) that examines the environmental consequences of issuing the 
International Whaling Commission (IWC) quota for gray whales to the 
Makah Tribe for the years 2001 and 2002. NMFS has identified a 
preferred alternative in the EA that will grant the Makah Tribe the IWC 
quota of five whales per year with restrictions that would allow a 
limited hunt on the gray whale summer feeding aggregation.

ADDRESSES: Copies of the EA may be obtained over the Internet at http://www.nmfs.noaa.gov/prot_res/prot_res.html under ``New Arrivals.'' 
Copies of the EA may also be requested by writing to Gale Heim, NOAA/
NMFS, Office of Protected Resources, 13th Floor, 1315 East-West Hwy, 
Silver Spring, MD 20910. Mark the outside of the envelope with 
``Request for Makah EA.'' Copies of the EA may also be obtained by 
contacting Gale Heim at 301/713-2322.

FOR FURTHER INFORMATION CONTACT: Cathy Campbell or Chris Yates, 301-
713-2322.

SUPPLEMENTARY INFORMATION: Prior to the 1997 Annual International 
Whaling Commission (IWC) Meeting, NMFS formally analyzed the 
environmental impacts of a decision to support or not support whaling, 
and to determine whether an annual subsistence quota of up to five 
Eastern Pacific gray whales would significantly affect the quality of 
the human environment. A draft EA was distributed for public comment on 
August 22, 1997. After reviewing and addressing the comments received, 
NMFS issued a final EA and Finding of No Significant Impact on October 
17, 1997.
    At its 1997 annual meeting, the IWC approved a quota of 620 gray 
whales for an aboriginal subsistence harvest during the years 1998 
through 2002. The basis for the quota was a joint request by the 
Russian Federation (for a total of 600

[[Page 37642]]

whales) and the United States (for a total of 20 whales). In 1998 and 
1999, NOAA granted an allocation of up to five whales a year to the 
Makah Indian Tribe, whose subsistence and ceremonial needs had been the 
foundation of the U.S. request to the IWC.
    U.S. Congressman Jack Metcalf, Breach Marine Protection, and 
several other plaintiffs brought a lawsuit, Metcalf v. Daley, in 
October 1997, alleging that the U.S. Government had violated the 
National Environmental Policy Act (NEPA), the Whaling Convention Act, 
and other statutes. In September 1998, the U.S. District Court for the 
Western District of Washington ruled in favor of the U.S. Government on 
all issues.
    On June 9, 2000, the Ninth Circuit Court of Appeals overturned one 
aspect of that decision, ruling that the 1997 EA should have been 
completed before the U.S. and the Makah Tribe entered into a 
cooperative agreement. That agreement had provided that, if the Tribe 
prepared an adequate needs statement documenting a cultural and 
subsistence need to harvest gray whales, NOAA would request a quota of 
gray whales from the IWC. Two judges on a three-judge panel held that 
the timing of the EA, which was completed after the 1996 agreement was 
signed and before the 1997 annual meeting of the IWC, may have 
predisposed the preparers to find that the whaling proposal would not 
significantly affect the environment. The Court ordered NOAA to set 
aside that finding and comply with NEPA under circumstances that would 
ensure an objective evaluation of the environmental consequences of the 
gray whale harvest.
    Following the Court action, NOAA rescinded its cooperative 
agreement with the Makah Tribe on August 11, 2000. NOAA subsequently 
set the gray whale quota for 2000 (65 FR 75186, December 1, 2000) and 
2001 (65 FR 14862, March 14, 2001) at zero, pending completion of its 
NEPA analysis.
    NEPA requires that Federal agencies conduct an environmental 
analysis of their actions to determine if the actions may affect the 
environment. Accordingly, NMFS prepared a draft EA, published on 
January 12, 2001, conducted a public hearing in Seattle, WA on February 
1, 2001, and held a 30-day public comment period to allow for public 
input on the Draft EA. This final EA explores the environmental 
consequences of four alternatives: (1) grant Makah Tribe the IWC quota 
with restrictions that allow a limited hunt on the pacific coast 
feeding aggregation; (2) grant Makah Tribe the IWC quota with 
restrictions to target hunt on migrating whales (similar to the 1999 
regime); (3) grant Makah Tribe the IWC quota without time-area 
restrictions; and (4) (no action) - do not grant Makah Tribe the IWC 
quota. NMFS has identified the preferred alternative as alternative 1, 
which will grant the Makah Tribe the IWC quota of five whales per year 
with restrictions that would allow a limited hunt on the gray whale 
summer feeding aggregation.
    This EA was prepared in accordance with NEPA and implementing 
regulations at 40 CFR parts 1500 through 1508 and NOAA guidelines 
concerning implementation of NEPA found in NOAA Administrative Order 
216-6.

    Dated: July 13, 2001.
Don Knowles,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 01-18005 Filed 7-16-01; 10:34 am]
BILLING CODE 3510-22-S