[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Proposed Rules]
[Pages 39668-39670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14326]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 18


Marine Mammals: Incidental Take During Specified Activities

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of intent to prepare an environmental impact statement 
(EIS).

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA), we, 
the Fish and Wildlife Service, intend to prepare an EIS to evaluate the 
effects of authorizing the incidental, unintentional take of small 
numbers of Florida manatees (Trichechus manatus latirostris). Pursuant 
to the Marine Mammal Protection Act (MMPA), we are currently in the 
process of developing incidental take regulations for government 
activities related to the operation of watercraft and watercraft access 
facilities within the geographic area of the species' range in Florida 
for a period of not more than five years.

DATES: We will consider comments on the proposed Programmatic 
Environmental Impact Statement that are received by July 25, 2002.

ADDRESSES: If you wish to comment, you may submit your comments by any 
one of several methods:

[[Page 39669]]

    1. You may submit written comments and information to the Field 
Supervisor, Jacksonville Field Office, U.S. Fish and Wildlife Service, 
6620 Southpoint Drive, South, Suite 310, Jacksonville, Florida 32216.
    2. You may hand-deliver written comments to our Jacksonville Field 
Office, at the above address, or fax your comments to 904/232-2404.
    3. You may send comments by electronic mail (e-mail) to [email protected]. For directions on how to submit electronic 
comment files, see the ``Public Comments Solicited'' section.
    Comments and materials received, as well as supporting 
documentation used in the preparation of this proposed rule, will be 
available for public inspection, by appointment, during normal business 
hours from 8 a.m. to 4:30 p.m., at the above address.

FOR FURTHER INFORMATION CONTACT: Peter Benjamin, Assistant Field 
Supervisor Jacksonville Field Office, U.S. Fish and Wildlife Service 
(see ADDRESSES section), telephone 904/232-2580; or visit our Web site 
at http://northflorida.fws.gov.

SUPPLEMENTARY INFORMATION: Section 104 of the Marine Mammal Protection 
Act of 1972, as amended (16 U.S.C. 1361-1407) (MMPA), sets a general 
moratorium, with certain exceptions, on the taking and importation of 
marine mammals and marine mammal products and makes it unlawful for any 
person to take, possess, transport, purchase, sell, export, or offer to 
purchase, sell, or export, any marine mammal or marine mammal product 
unless authorized. Take, as defined by section 3(13) of the MMPA means 
to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, 
or kill any marine mammal.
    ``Harassment'' is defined at section 3(18) of the MMPA as any act 
of pursuit, torment, or annoyance which--(i) has the potential to 
injure a marine mammal or marine mammal stock in the wild; or (ii) has 
the potential to disturb a marine mammal or marine mammal stock in the 
wild by causing disruption of behavioral patterns, including, but not 
limited to migration, breathing, nursing, breeding, feeding, or 
sheltering (16 U.S.C. 1362). You can find other definitions relevant to 
our proposed action at 50 CFR 18.27(c).
    The MMPA contains exceptions to the moratorium. For example, 
section 101(a)(5)(A) authorizes the Secretary, upon request by citizens 
of the United States who engage in a specified activity (other than 
commercial fishing) within a specified geographical region, to allow 
the incidental, but not intentional, take of small numbers of a species 
or stock of marine mammal if certain findings are made and regulations 
prescribed. The Secretary must find that the total of such taking 
during the specified time period (not more than five consecutive years 
each) will have a negligible impact on the species or stock and will 
not have an unmitigable impact on the availability of such species or 
stock for subsistence uses. The regulations implementing the MMPA 
define ``negligible impact'' as an impact resulting from the specified 
activity that cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the species or stock through effects on 
annual rates of recruitment or survival (50 CFR 18.27(c)). If such 
findings are made, we would then establish specific regulations setting 
forth permissible methods of taking pursuant to such activity, means of 
effecting the least practicable adverse impact on the species or stock 
and their habitat, and requirements for monitoring and reporting such 
taking. We have determined that the subsistence provision requiring a 
finding that the total taking not have an unmitigable impact on the 
availability of the species or stock for subsistence uses is not 
applicable to Florida manatees.
    Following promulgation of incidental take regulations, U.S. 
citizens (including government agencies) could apply for a Letter of 
Authorization, which, if granted, would authorize incidental take 
associated with an applicant's activities. Procedures for obtaining a 
Letter of Authorization are described at 50 CFR 18.27(f).
    The largest known human-related cause of manatee deaths is 
collisions with watercraft. Between 1976 and 1999, watercraft-related 
deaths increased at an average of 7.2 percent per year. In 2000 and 
2001, watercraft-related deaths accounted for 29 percent and 25 
percent, respectively. From 1996 to 2001, watercraft-related deaths 
have been the highest on record, ranging from 54 to 82.
    In the State of Florida, County, State, and Federal agencies engage 
in a variety of activities that may result in the incidental, 
unintentional take of manatees by watercraft. Many of these activities 
relate to the use and regulation of watercraft operated in Florida 
waters accessible to manatees, including: (1) Regulating boater 
behavior on the water (e.g., speed zones and vessel registration); (2) 
permitting construction of watercraft access facilities (marinas, 
docks, boat ramps); (3) funding construction of watercraft access 
facilities; (4) operating watercraft access facilities; and (5) 
operating watercraft. To date, there is no authorization for the 
incidental, unintentional death, injury, or harassment of manatees 
caused by these otherwise legal activities.
    We engage in, or have the authority to engage in, each of the above 
five categories of activities; therefore, our activities could result 
in the incidental, unintentional take of manatees. As such, we have 
initiated development of incidental take regulations for our own 
activities related to watercraft in Florida. We have also encouraged 
other Federal and State agencies involved in these same types of 
activities to join us in this evaluation in order to develop a more 
comprehensive rule that could address a broader range of activities 
that may result in watercraft-related take of manatees.
    The Environmental Impact Statement will evaluate the environmental 
effects of the incidental take regulations, and will evaluate 
alternatives for structuring and implementing the proposed regulations.
    Persons wishing to provide relevant information and comments 
regarding this activity should submit these to the above address. For 
information, please contact the individual identified above in the 
section entitled FOR FURTHER INFORMATION CONTACT.

Public Comments Solicited

    Interested persons are invited to submit comments regarding our 
preparation of an EIS related to development of incidental take 
regulations for manatees in Florida. We welcome any and all 
suggestions, materials, and recommendations to assist and guide us in 
this endeavor. Specifically, we are seeking:
     Information on the direct, secondary and cumulative 
effects of this rulemaking on manatees, manatee habitat, and other 
aspects of the human environment;
     Suggestions regarding the range of alternatives to be 
considered in the EIS, including alternatives for structuring the 
proposed incidental take regulations, and alternatives to incidental 
take regulations;
     Information regarding the potential social and economic 
effects of the proposed regulations;
     Information on potential mitigative measures, including 
technological measures, that would result in the least practicable 
impact on manatees and their habitat; and,
     Suggested means and measures to report and monitor the 
effects of incidental take on manatees.
    Our practice is to make comments, including names and home 
addresses of respondents, available for public review

[[Page 39670]]

during regular business hours. Individual respondents may request that 
we withhold their name and home address from the EIS record, which we 
will honor to the extent allowable by law. If you wish us to withhold 
your name and/or address, you must state this prominently at the 
beginning of your comment. However, we will not consider anonymous 
comments. We will make all submissions from organizations or business, 
and from individuals identifying themselves as representatives or 
officials of organizations or businesses, available for public 
inspection in their entirety.

    Dated: May 6, 2002.
Sam D. Hamilton,
Regional Director, Region 4.
[FR Doc. 02-14326 Filed 6-7-02; 8:45 am]
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