[Federal Register Volume 66, Number 170 (Friday, August 31, 2001)]
[Notices]
[Pages 45968-45970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22071]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 082001C]


Bottlenose Dolphin Take Reduction Team Meeting

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

ACTION: Notice of public meeting.

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SUMMARY: The Take Reduction Team for Western North Atlantic coastal 
bottlenose dolphins (BDTRT) will hold its first meeting to develop a 
take reduction plan as described in the Marine Mammal Protection Act 
(MMPA). Input will be sought from the BDTRT on a peer review process 
for all data related to stock structure, abundance, and human-caused 
mortality and serious injury rates. The BDTRT will focus on reducing 
bycatch in the following fisheries: Mid-Atlantic coastal gillnet, North 
Carolina inshore gillnet, Southeast Atlantic gillnet, Southeastern U.S. 
Atlantic shark gillnet, Atlantic blue crab trap/pot, Mid-Atlantic haul/
beach seine, North Carolina long haul seine, North Carolina roe mullet 
stop net, and Virginia pound net.

DATES: The meeting will be held on September 12, 2001, starting at 9 
a.m. and continue on September 13, 2001, starting at 8:30 a.m.

ADDRESSES: The BDTRT meeting will be held at the Sheraton International 
Hotel Baltimore Washington International (BWI) Airport, 7032 Elm Road, 
Baltimore, MD 21240; Phone: (410) 859-3300; Fax: (410) 859-0565.

FOR FURTHER INFORMATION CONTACT: Kathy Wang, Southeast Region, 727-570-
5312, or Emily Hanson, Office of Protected Resources, 301-713-2322, 
x101.

SUPPLEMENTARY INFORMATION: Section 117 of the MMPA requires that NMFS 
complete stock assessment reports for all marine mammal stocks within 
U.S. waters. Each draft stock assessment report, based on the best 
scientific information available, shall, among other things, categorize 
the status of the stock as one that either has a level of human-caused 
mortality and serious injury that is not likely to cause the stock to 
be reduced below its optimum sustainable population or is a strategic 
stock, with a description of the reasons therefore. In addition, each 
report shall estimate the potential biological removal (PBR) level for 
the stock, describing the information used to calculate it, including 
the recovery factor.
    The MMPA defines a strategic stock as a marine mammal stock: (1) 
for which the level of direct human-caused mortality exceeds the PBR 
level; (2) which, based on the best available scientific information, 
is declining and is likely to be listed as a threatened species under 
the Endangered Species Act of 1973 (ESA) within the foreseeable future; 
or, (3) which is listed as a threatened or endangered species under the 
ESA or is designated as depleted under the MMPA.
    The MMPA defines a stock as depleted if that species or population 
is below its optimum sustainable population or if it is a species or 
population stock that is listed as endangered or threatened under the 
ESA.
    The MMPA defines the PBR level to mean 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

[[Page 45969]]

population. The PBR level is the product of the following factors: the 
minimum population estimate of the stock; one-half the maximum 
theoretical or estimated net productivity rate of the stock at a small 
population size; and, a recovery factor of between 0.1 and 1.0.
    The MMPA defines optimum sustainable population to mean, with 
respect to any population stock, the number of animals which will 
result in the maximum productivity of the population or the species, 
keeping in mind the carrying capacity of the habitat and the health of 
the ecosystem of which they form a constituent element.
    The Western North Atlantic stock of coastal bottlenose dolphins is 
designated as strategic under the MMPA because the direct human-caused 
mortality exceeds the PBR level. The fisheries that interact with this 
stock are listed later in this document. This stock is also designated 
as depleted under the MMPA.
    Section 118 (f) of the MMPA requires the Secretary of Commerce 
(Secretary) to develop and implement a take reduction plan designed to 
assist in the recovery or prevent the depletion of each strategic stock 
which interacts with a Category I or II commercial fishery. Based on 
section 118 (c) of the MMPA, 50 CFR 229.2 defines a Category I fishery 
as a commercial fishery that causes frequent incidental mortality and 
serious injury to marine mammals and a Category II fishery as a 
commercial fishery that causes occasional incidental mortality and 
serious injury to marine mammals.
    The immediate goal of a take reduction plan for a strategic stock 
is to reduce, within 6 months of plan implementation, the incidental 
mortality or serious injury of marine mammals incidentally taken in the 
course of commercial fishing operations to levels less than the PBR 
level established for that stock under section 117 of the MMPA. The 
long-term goal of the plan is to reduce, within 5 years of plan 
implementation, the incidental mortality or serious injury of marine 
mammals incidentally taken in the course of commercial fishing 
operations to insignificant levels approaching a zero mortality and 
serious injury rate, taking into account the economics of the fishery, 
the availability of existing technology, and existing state or regional 
fishery management plans.
    As explained under section 118 (f)(7) of the MMPA, where human-
caused mortality and serious injury from a strategic stock is estimated 
to be equal to or greater than the PBR level established under section 
117 for such stock and such stock interacts with Category I or II 
fisheries, the following procedures shall apply in the development of 
the take reduction plan for the stock:
    (A) Not later than 6 months after the date of establishment of a 
take reduction team for the stock, the team shall submit a draft take 
reduction plan for such stock to the Secretary. Such draft take 
reduction plan shall be developed by consensus. In the event that 
consensus cannot be reached, the team shall advise the Secretary in 
writing on the range of possibilities considered by the team, and the 
views of both the majority and the minority.
    (B) The Secretary shall take the draft take reduction plan into 
consideration and, not later than 60 days after the submission of the 
draft plan by the team, the Secretary shall publish in the Federal 
Register the plan proposed by the team, any changes proposed by the 
Secretary with an explanation of the reasons therefor, and proposed 
regulations to implement such plan, for public review and comment 
during a period not to exceed 90 days. In the event that the take 
reduction team does not submit a draft plan to the Secretary within 6 
months, the Secretary shall, not later than 8 months after the 
establishment of the team, publish in the Federal Register a proposed 
take reduction plan and implementing regulations, for public review and 
comment during a period not to exceed 90 days.
    (C) Not later than 90 days after the close of the comment period, 
the Secretary shall issue a final take reduction plan and implementing 
regulations.
    (D) The Secretary shall, during a period of 30 days after 
publication of a final take reduction plan, utilize newspapers of 
general circulation, fishery trade associations, electronic media, and 
other means of advising commercial fishermen of the requirements of the 
plan and how to comply with them.
    (E) The Secretary and the take reduction team shall meet every 6 
months, or at such other intervals as the Secretary deems are 
necessary, to monitor the implementation of the final take reduction 
plan until such time that the Secretary determines that the objectives 
of the plan have been met.
    (F) The Secretary shall amend the take reduction plan and 
implementing regulations as necessary to meet the requirements of this 
section, in accordance with the procedures in this section for the 
issuance of such plans and regulations.
    Section 118 (f)(6)(C) states that members of take reduction teams 
shall have expertise regarding the conservation or biology of the 
marine mammal species which the take reduction plan will address, or 
the fishing practices which result in the incidental mortality and 
serious injury of such species.
    The MMPA further specifies that members of a take reduction team 
shall include representatives of Federal agencies, each coastal state 
which has fisheries which interact with the species or stock, 
appropriate Regional Fishery Management Councils, interstate fisheries 
commissions, academic and scientific organizations, environmental 
groups, all commercial and recreational fisheries groups and gear types 
which incidentally take the species or stock, Alaska Native 
organizations or Indian tribal organizations, and others as the 
Secretary deems appropriate. Take reduction teams shall, to the maximum 
extent practicable, consist of an equitable balance among 
representatives of resource user interests and nonuser interests. 
Members of take reduction teams serve without compensation, but may be 
reimbursed by the Secretary, upon request, for reasonable travel costs 
and expenses incurred in performing their duties as members of the 
team.
    NMFS, through a letter dated September 27, 2001, has asked the 
following individuals to be members of the BDTRT: Mike Baker, Florida 
Gillnet Representative; Dave Beresoff, North Carolina Gillnet and Crab 
Pot Representative; Tina Berger, Atlantic States Marine Fisheries 
Commission; Paul Biermann, North Carolina Gillnet Representative; David 
Cupka, South Carolina Wildlife and Marine Resources; Joseph DeAlteris, 
University of Rhode Island, Fisheries Center; Martin Dunson, Florida 
Crab Pot Representative; Lewis Gillingham, Virginia Marine Resources 
Commission; Doug Guthrie, North Carolina Stop Net Representative; Bruce 
Halgren, New Jersey Division of Fish and Wildlife; Emily Hanson, NMFS 
Office of Protected Resources; Chris Hickman, Long Haul Seine Fishery 
Representative; Fulton Love, Georgia Shad Gillnet Representative; 
Richard Luedtke, New Jersey Gillnet Representative; Rick Marks, New 
Jersey Gillnet and Haul Seine Representative; Dave Martin, Maryland 
Gillnet Representative; Bill McLellan, University of North Carolina at 
Wilmington; Ken Moran, South Carolina Shad Gillnet Representative; 
Fentress Munden, North Carolina Division of Marine Fisheries; Robert 
Munson, New Jersey Gillnet, Crab Pot and Pound Net Representative; 
Peter Nickson, Virginia Gillnet, Beach Seine, Crab Pot, and Pound Net 
Representative; Kerry

[[Page 45970]]

O'Malley, South Atlantic Fishery Management Council; William Outten, 
Maryland Department of Natural Resources; Mike Peele, North Carolina 
Beach Seine, Pound Net, and Gillnet Representative; Carl Poppell, 
Georgia Crab Pot Representative; Tim Ragen, Marine Mammal Commission; 
Andy Read, Duke University Marine Laboratory; John Reynolds III, Marine 
Mammal Commission; Jerry Schill, North Carolina commercial fisheries 
representative; Richard Seagraves, Mid-Atlantic Fishery Management 
Council; Larry Simns, Maryland Crab Pot Representative; Ann Spellman, 
Florida Fish and Wildlife Conservation Commission; Lee Spence, Delaware 
Division of Fish and Wildlife; Mark Swingle, Virginia Marine Science 
Museum; Leonard Voss, Delaware Gillnet and Crab Pot Representative; 
Chris Walker, Virginia Gillnet Representative; Kathy Wang, NMFS 
Southeast Regional Office; Rob West, North Carolina Gillnet, Pound Net, 
and Crab Pot Representative; A.D. Willis, North Carolina Recreational 
Crab Pot and Gillnet Representative; David Woolman, South Carolina Crab 
Pot Representative; Nina Young, The Ocean Conservancy; Sharon Young, 
The Humane Society of the United States; Chris Zeman, American Oceans 
Campaign; Barb Zoodsma, Georgia Coastal Resources, Georgia Department 
of Natural Resources. The BDTRT will be facilitated by Hans Neuhauser 
and Jim Feldt, Georgia Environmental Policy Institute.
    Section 118 (f)(6)(A)(ii) of the MMPA requires NMFS to publish the 
full geographic range of the marine mammal stock for which a take 
reduction team is being convened and list all commercial fisheries that 
cause incidental mortality and serious injury of marine mammals from 
such stock.
    Western North Atlantic coastal bottlenose dolphins range seasonally 
as far north as Long Island, NY and as far south as central Florida. 
Multiple stocks of Western North Atlantic coastal bottlenose dolphins 
exist, and include year-round residents, seasonal residents, and 
migratory groups. In addition to the coastal bottlenose dolphins, a 
distinct, offshore ecotype also exists. Research is underway to improve 
data about the stock structure of coastal bottlenose dolphins and to 
define the offshore range of coastal bottlenose dolphins.
    Western North Atlantic coastal bottlenose dolphins are known to 
interact with the following Category II commercial fisheries: Mid-
Atlantic coastal gillnet, North Carolina inshore gillnet, Southeast 
Atlantic gillnet, Southeastern U.S. Atlantic shark gillnet, Atlantic 
blue crab trap/pot, Mid-Atlantic haul/beach seine, North Carolina long 
haul seine, North Carolina roe mullet stop net, and Virginia pound net. 
Additional commercial fisheries, classified as Category III fisheries, 
are known to rarely cause incidental mortality and serious injury to 
Western North Atlantic coastal bottlenose dolphins. These fisheries are 
identified in the 2001 List of Fisheries (66 FR 42780, August 15, 
2001). Interactions between Western North Atlantic coastal bottlenose 
dolphins and recreational fisheries have also been documented.
    NMFS fully intends to conduct the BDTRT process in a way that 
provides for national consistency yet accommodates the unique regional 
needs and characteristics of the team. The data and analysis used to 
support the BDTRT will go through an external peer-review process, be 
reviewed by NMFS' Scientific Review Groups, and be made available for 
public review and comment as a Stock Assessment Report. Take Reduction 
Teams are not subject to the Federal Advisory Committee Act (5 App. 
U.S.C.). Meetings are open to the public.

    Dated: August 27, 2001.
Ann D. Terbush,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-22071 Filed 8-30-01; 8:45 am]
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