[Federal Register Volume 67, Number 182 (Thursday, September 19, 2002)]
[Notices]
[Pages 59051-59052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23840]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071002A]


Marine Mammals; Notice of Intent to Prepare an Environmental 
Impact Statement for a Take Reduction Plan for the Western North 
Atlantic Coastal Stock of Bottlenose Dolphins

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS); reopening of comment period.

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SUMMARY: NMFS announced its intention to prepare an EIS on July 22, 
2002. The EIS, prepared in accordance with the National Environmental 
Policy Act, is for the development of a Bottlenose Dolphin Take 
Reduction Plan (BDTRP) to reduce the incidental mortality and serious 
injury of the Atlantic coastal stock of bottlenose dolphins in 
commercial fisheries to below the potential biological removal (PBR) 
level for the stock. The purpose of this action is to solicit public 
comments on the scope of the issues to be addressed in the EIS. The 
original comment period closed on August 21, 2002. However, in response 
to public comments and to ensure that the public has ample opportunity 
to provide comments, NMFS is reopening the pubic comment period for an 
additional 45 days.

DATES: Comments on the scope of the EIS must be postmarked or 
transmitted via facsimile by 5 p.m. Eastern Standard Time November 4, 
2002.

ADDRESSES: Send comments on the scope of the EIS to Chief, Marine 
Mammal Conservation Division, Office of Protected Resources, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910, Attn: Bottlenose Dolphin EIS. Comments may also be sent via 
facsimile to 301-713-0376. NMFS will not accept comments submitted via 
e-mail or Internet.

FOR FURTHER INFORMATION CONTACT: Katie Moore, NMFS Southeast Region, 
phone: 727-570-5312, e-mail: [email protected]; or Emily Menashes, 
NMFS Office of Protected Resources, phone: 301-713-2322, e-mail: 
[email protected]. Individuals who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service at 1-800-877-8339

[[Page 59052]]

between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, 
excluding Federal holidays.

SUPPLEMENTARY INFORMATION: Electronic AccessFor additional information 
on Atlantic coastal bottlenose dolphins, refer to the draft 2002 
Atlantic and Gulf of Mexico Marine Mammal Stock Assessment Reports 
(SARs). The reports can be accessed via the internet at: http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html.

Background

    NMFS intends to develop and implement a BDTRP pursuant to section 
118(f) of the Marine Mammal Protection Act (MMPA). The purpose of the 
proposed action is to reduce the incidental mortality and serious 
injury of the Atlantic coastal stock of bottlenose dolphins in 
commercial fisheries to below the PBR level for the stock. The BDTRP 
will address mortality and serious injury of Atlantic coastal 
bottlenose dolphins incidentally taken in 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.
    Section 118(f) of the MMPA requires NMFS to convene a take 
reduction team to assist in the recovery and prevent the depletion of 
each strategic stock that interacts with Category I or II fisheries. 
The western North Atlantic coastal stock of bottlenose dolphins is a 
strategic stock. More information about the stock is available in the 
draft 2002 SAR, which can be obtained via the internet or by contacting 
Katie Moore or Emily Menashes (see FOR FURTHER INFORMATION CONTACT). 
Strategic status was initially assigned because the stock is designated 
as depleted under the MMPA as a result of a large-scale mortality event 
that occurred in 1987-1988 (58 FR 17789, April 6, 1993). However, the 
stock also qualifies as strategic because mortality and serious injury 
of this stock incidental to commercial fishing exceeds the PBR level of 
the stock.
    The immediate goal of a take reduction plan for a strategic stock 
of marine mammals is to reduce, within 6 months of plan implementation, 
the incidental mortality or serious injury of marine mammals taken in 
the course of commercial fishing operations to levels less than the PBR 
level. The long-term goal of the plan is to reduce, within 5 years of 
its implementation, the incidental mortality or serious injury of 
marine mammals 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.
    The Secretary of Commerce (Secretary) may establish a take 
reduction team to address mortality or serious injury of strategic 
stocks of marine mammals interacting with Category I or II fisheries. 
Not later than 6 months after the date of establishment of a take 
reduction team, the team is required to submit a draft take reduction 
plan for such stock to the Secretary, consistent with the other 
provisions of section 118 of the MMPA. The Secretary is required to 
take the draft take reduction plan submitted by the team into 
consideration and publish in the Federal Register a summary of the 
draft plan submitted by the team, any changes proposed by the Secretary 
with an explanation of the reasons therefore, and proposed regulations 
to implement such plan, for public review and comment.

Public Scoping Process

    The Bottlenose Dolphin Take Reduction Team (Team) was established 
on November 7, 2001. A Federal Register notification announcing the 
convening of the Team and their first meeting was published on October 
24, 2001 (66 FR 53782). The Team met a total of five times before 
delivering consensus recommendations for the BDTRP to NMFS on May 7, 
2002. The dates of the five meetings were: November 7-8, 2001, January 
23-25, 2002, February 27-March 1, 2002, March 27-28, 2002, and April 
23-25, 2002. Team meetings were open to the public and a public comment 
period was held following each day of meetings. Additionally, NMFS held 
three public meetings with potential Team members and other interested 
members of the public on May 15-16, 2001, July 11-12, 2001, and 
November 6, 2001. An additional meeting of the Team, tentatively 
scheduled for January of 2003 and open to the public, will be held 
prior to development of the proposed rule implementing the BDTRP and 
completion of the draft EIS. This document provides additional 
opportunity for public involvement in the scope of the issues to be 
addressed in the EIS.
    NMFS hired a commercial fisheries liaison to involve potentially 
affected sectors of the commercial fishing industry in the Team process 
by providing information about the purpose of the Team, meeting dates 
and locations, and discussion topics for upcoming meetings. The liaison 
used dockside visits, commercial fishing publications, and a commercial 
fishing expo to disseminate the information. NMFS generated and 
distributed a fact sheet about the Team and upcoming Team meetings and 
used mail and electronic mail to distribute information about meeting 
logistics and summaries to over 200 interested persons.

Analysis of Alternatives

    NMFS will be analyzing alternatives that are reasonably expected to 
reduce mortality and serious injury of Atlantic coastal bottlenose 
dolphins to less than the PBR level within 6 months of implementation 
of the BDTRP. NMFS will be analyzing all reasonable alternatives, which 
include a status quo alternative and the recommendations submitted by 
the Team. The Team's recommendations can be obtained by contacting 
Katie Moore or Emily Menashes (see FOR FURTHER INFORMATION CONTACT).

    Dated: September 13, 2002.
Chris Mobley,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-23840 Filed 9-18-02; 8:45 am]
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