[Federal Register Volume 67, Number 90 (Thursday, May 9, 2002)]
[Notices]
[Pages 31279-31280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11635]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 043002C]


Taking and Importing of Marine Mammals

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

ACTION: Request for nominations.

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SUMMARY: The Secretary of Commerce is required by the Marine Mammal 
Protection Act (MMPA) to conduct specified scientific research and, by 
December 31, 2002, to make a finding based on the results of that 
research, on information obtained under the International Dolphin 
Conservation Program (IDCP), and on any other relevant information as 
to whether the intentional deployment on or the encirclement of 
dolphins with purse seine nets is having a ``significant adverse 
impact'' on any depleted dolphin stock in the eastern tropical Pacific 
Ocean (ETP). A proposed organized decision process (ODP) and request 
for public comment were published in the Federal Register on Feb. 15, 
2002 describing information the Secretary will consider for the final 
finding and outlining two expert panels that will assess this 
information.
    This notice solicits nominations for scientists to serve on two 
expert panels referenced in the proposed ODP: the Ecosystem Expert 
Panel and the Indirect Effects Expert Panel. It also describes the 
process NMFS will carry out to solicit nominations, select five 
qualified scientists for each panel, and recommend them for appointment 
by the Secretary. The expert panels are scheduled to meet September 4-
6, 2002, in La Jolla, CA. Each expert panel will assess peer-reviewed 
scientific studies and other information and individually provide 
scientific advice to address specific issues the Secretary will be 
considering in making his final finding.

DATES: Nominations must be received by June 24, 2002.

ADDRESSES: Nominations should be sent to the Director, NMFS Office of 
Science and Technology, F/ST, 1315 East-West Highway, Silver Spring, 
MD, 20910. Nominations may also be sent via facsimile at 301-713-1875. 
Nominations will not be accepted if submitted via electronic mail or 
the Internet.

FOR FURTHER INFORMATION CONTACT: Nicole R. Le Boeuf, Office of 
Protected Resources, NMFS, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

    The MMPA, 16 U.S.C. 1361 et seq., as amended by the International 
Dolphin Conservation Program Act (IDCPA), (Public Law 105-42), requires 
the Secretary of Commerce to conduct scientific research on depleted 
dolphin stocks in the ETP. The Dolphin Protection Consumer Information 
Act (16 U.S.C. 1385), as amended by the IDCPA, requires the Secretary 
to make a finding by December 31, 2002, based on the scientific 
research, information obtained under the IDCP, and any other relevant 
information, as to whether the intentional deployment on or 
encirclement of dolphins with purse seine nets is having a 
``significant adverse impact'' on any depleted dolphin stock in the 
ETP. There are three depleted dolphin stocks in the ETP: northeastern 
offshore spotted, eastern spinner, and coastal spotted.

The Organized Decision Process

    The proposed ODP provides the Secretary with a systematic approach 
for evaluating multiple types of data. The ODP guides the Secretary 
through four separate questions regarding the extent of fishery and 
environmental effects on depleted dolphin stocks to assist in the final 
decision. These questions focus on (1) the ETP Ecosystem, (2) Direct 
Fishing Mortality, (3) Indirect Effects, and (4) Dolphin Stock Status 
and Trends.

Questions and Charge to the Ecosystem Panel

    The questions for the Ecosystem Panel are: during the period of the 
fishery, has the carrying capacity of the ETP for the three depleted 
dolphin stocks declined, or has the ecological structure of the ETP 
changed in a manner or to an extent that could impede depleted dolphin 
stocks from growing at rates expected in a stable ecosystem? Or has the 
carrying capacity increased substantially or the ecological structure 
changed in any way that could promote the three depleted dolphin stocks 
to grow at rates faster than expected in a static ecosystem?
    To determine the answer to these questions, the Secretary will 
consider scientific information collected and/or evaluated by NMFS, as 
well as information rendered individually from members of a panel of 
independent scientific experts in biological oceanography and ecology 
(the Ecosystem Panel). The panel members' assessments will be based on 
their review of relevant oceanographic and ecosystem data (physical and 
biological habitat and distribution, abundance, and ecology of other 
organisms in the ETP) from the period of the fishery.

Question and Charge to the Indirect Effects Panel

    The question for the Indirect Effects Panel is: for each depleted 
dolphin stock, is the estimated number of dolphins affected by the tuna 
fishery (considering data on sets per year, mortality attributable to 
the fishery, indicators of stress in blood, skin and other tissues, 
cow-calf separation, and other relevant indirect effects information) 
at a level that is cause for concern (how and to what degree)?
    To determine the answer to these questions, the Secretary will 
consider

[[Page 31280]]

scientific information collected and/or evaluated by NMFS, as well as 
information rendered individually from the Indirect Effects Panel. The 
panel will include independent scientific experts in veterinary 
science, physiology, and other stress-related fields. The panel 
members' assessments will be based on their review of relevant 
behavioral, ecological, immunological, pathological, and other 
information with respect to the three depleted dolphin stocks. For this 
question, the Secretary will also consider the evidence presented by 
the Ecosystem Panel members regarding possible changes in the carrying 
capacity and/or the ecosystem structure of the ETP and how it relates 
to adverse impacts attributable to the fishery on the dolphin stocks as 
described above.

Nomination Process

    Any individual or organization may submit nominations for either or 
both of the two expert panels. Nominations should include:
    1. The name of the nominee and their contact information;
    2. A statement of background;
    3. A statement of qualifications; and
    4. The submitting person or organization's name and affiliation.

Panel Member Qualifications

    Nominees must have outstanding scientific credentials relevant to 
the particular panel and be recognized internationally in their fields 
of expertise. Credentials must include: (1) doctorate degree from an 
accredited university or equivalent professional experience related to 
the questions before each panel; (2) established publication record in 
juried scientific journals related to the questions before each panel; 
(3) distinguished professional reputation. Nominees may be affiliated 
with international as well as domestic scientific bodies, academia, 
natural resource management agencies, or related organizations. 
Nominees must be available to travel to the expert panel meetings in La 
Jolla, CA, September 4-6, 2002, and they must be able to spend the 
necessary time in advance to prepare for the meeting.
    To avoid conflicts of interest and ensure an independent panel, 
nominees must be able to certify and appointees must certify that they 
will provide their expert advice free from the influence of Government 
managers, the fishing industry, environmental groups, or any other 
interested party and that:
    1. They have not received in the past 2 years funds in excess of 
$20 from any industry or environmental group with a vested interest in 
any resource for which NMFS has stewardship responsibilities, and
    2. They have not received in the past 2 years funds in excess of 
$20 directly from NMFS via a sole-source contract, other than for 
invitational travel.

Selection Process

    The Secretary will seek advice from professional societies on the 
qualifications of the nominees. A committee composed of one scientist 
from the Inter-American Tropical Tuna Commission, one scientist from 
the Marine Mammal Commission, one scientist from an independent 
reviewing agency, and three senior scientists from NMFS, including the 
Director, NMFS Office of Science and Technology, as the ex-officio 
chair, will select and rank qualified expert panel candidates, with 
advice from the professional societies. The Director will provide this 
committee's recommendations to the Secretary, including a ranked list 
of eight candidates for each panel. The Secretary will appoint two 
panels of five members each from the list of recommended candidates.

Format of the Expert Panel Meetings

    Each panel will meet for 3 days. The first day will involve 
overview presentations by specialists from NMFS, research institutions, 
fishery management agencies, and others. The second and third days of 
each panel discussion will entail panel deliberations and individual 
drafting sessions. Within five days of the expert panel adjournment, 
each panel member will submit a complete individual assessment report 
to the Director, NMFS Office of Science and Technology, for use in the 
ODP. The panel member reports will be made available to the public with 
the final finding.

Role of Expert Panel Members

    The expert panel members will agree to provide individual written 
assessments, explicitly addressing the relevant question, to the 
Secretary to assist in his determination. The panel members will base 
their assessments on the presentations to the panels, panel member 
deliberations, the peer-reviewed IDCPA science report, additional 
information obtained under the IDCP, and other relevant information. 
The use of independent expert judgment in obtaining guidance on complex 
and highly technical bodies of information, such as those relevant to 
the Ecosystem and the Indirect Effects Questions, is consistent with 
science-based, decision-making processes like that proposed here.

Cost Reimbursement

    Panel members will be paid $600 per diem. It is anticipated that 
preparation will require 80 hours and the panel meeting and travel will 
require another 40-60 hours. In addition, all travel expenses for panel 
members to attend the meeting will be paid by the federal government at 
the prevailing government rates.

Deadline for Submission of Nominations

    NMFS is soliciting nominations by June 24, 2002. See ADDRESSES 
above.

    Dated: May 3, 2002.
William W. Fox, Jr.
Director, Office of Science and Technology, National Marine Fisheries 
Service.
[FR Doc. 02-11635 Filed 5-8-02; 8:45 am]
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