[Federal Register Volume 68, Number 39 (Thursday, February 27, 2003)]
[Notices]
[Pages 9062-9064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4565]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 021203B]


Environmental Impact Statement (EIS) for Scientific Research on 
Longline Fishing--National Marine Fisheries Service, Honolulu 
Laboratory

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

ACTION: Notice of intent to prepare an EIS; notice of scoping meetings; 
request for comments.

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SUMMARY: NMFS announces its intention to prepare an EIS, pursuant to 
NOAA policy as described in NOAA Administrative Order 216-6, to 
identify and analyze a range of alternatives for fishing experiments to 
test methods of reducing the incidental take and mortality of 
threatened and endangered sea turtles by Pacific longline fisheries, as 
well as the issuance of any permits necessary for the conduct of this 
activity.
    NMFS will hold scoping meetings to inform interested parties of the 
fishing experiments and solicit input from Federal, State and local 
agencies, other interested parties, and the general public on the range 
of actions, alternatives, and impacts that the EIS should consider, 
including a no-action alternative.

DATES: The meeting dates are:
    1. March 27, 2003, 6 - 8 p.m., Hilo, HI.
    2. April 3, 2003, 3 - 5 p.m., Silver Spring, MD.
    3. April 9, 2003, 6 - 8 p.m., Honolulu, HI.
    4. April 16, 2003, 3 - 5 p.m., Long Beach, CA.
    Comments should be received by April 16, 2003.

ADDRESSES: The scoping meeting locations are:
    1. Paki Hale, main floor, 3840 Paki Avenue, Honolulu, HI 96815.
    2. NOAA Silver Spring Metro Center Complex, NOAA Science Center, 
1301 East West Highway, Silver Spring, MD 20910.
    3. Naniloa Hotel, Kilohana Room, 93 Banyan Drive, Hilo, HI 96720.
    4. Glenn M. Anderson Federal Building, Room 3470, 501 W. Ocean 
Blvd., Long Beach, CA 90802.
    Written comments and requests to be included on a mailing list of 
persons interested in the EIS should be sent to Dr. Christofer Boggs, 
NMFS Honolulu Laboratory, 2570 Dole Street, Honolulu, HI 96822.

FOR FURTHER INFORMATION CONTACT: Wende Goo, Management Analyst, 
Honolulu Laboratory, 808-983-5303

SUPPLEMENTARY INFORMATION:

Background

    Given that sea turtles are known to interact with the Pacific 
longline fishery, NMFS believes that research is needed to investigate 
ways to reduce these interactions. Consequently, NMFS proposes that the 
Honolulu Laboratory conduct experiments to test gear modifications 
designed to reduce sea turtle bycatch in longline fisheries.
    The objective of the proposed research is to develop gear and 
fishing methods that will reduce the number of endangered and 
threatened sea turtles incidentally caught in longline fisheries in the 
Pacific Ocean. Regulations closing large segments of the North Pacific 
fishing area to the Hawaii-based U.S. longline fleet have proven to be 
effective in reducing the incidental catch of sea turtles by that 
fleet. However, foreign fisheries in the Pacific are responsible for 
the vast majority of longline bycatch of sea turtles. Development and 
export of commercially viable gear modifications are viewed as the best 
means to reduce foreign bycatch of sea turtles.
    The research effort is intended to meet the priority one recovery 
goal identified in the Final Recovery Plans for the U.S. Pacific 
Populations of the Loggerhead, Leatherback, Olive Ridley, and Green 
Turtles adopted by NMFS and the U.S. Fish and Wildlife Service (FWS). 
In these plans, NMFS and FWS identified monitoring and reduction of sea 
turtle mortality in commercial fisheries as a recovery action needed 
for all four species (green, leatherback, loggerhead, and olive 
ridley). The four species of sea turtles are listed as either 
endangered or threatened under the ESA, which requires that actions 
taken

[[Page 9063]]

by Federal agencies must not jeopardize these species and directs these 
agencies to take affirmative steps to enhance their prospects for 
recovery.
    In 2001, NMFS proposed to conduct a specific set of experiments for 
reducing sea turtle bycatch, and applied for a scientific research 
permit under the ESA in order to proceed. A permit was required because 
the research involved the take of listed sea turtles. That research 
proposal/permit application was evaluated in the Final Environmental 
Assessment on Issuance of Scientific Research Permit No. 1303 to the 
National Marine Fisheries Service, Honolulu Laboratory, dated January 
2002 (Jan. 2002 EA) and in the Endangered Species Act Section 7 
Consultation Biological Opinion signed January 25, 2002 (Jan. 25 BiOp). 
On January 25, 2002, Permit No. 1303 authorizing that research was 
issued under Section 10 of the ESA.
    As a result of litigation challenging the permit, NMFS was ordered 
by the U.S. District Court of Hawaii to prepare an EIS. The Court 
determined that Plaintiffs demonstrated a substantial likelihood that 
the taking of threatened and endangered species during the course of 
the research may adversely affect these species, a level of effect in 
this particular case that could be considered significant under the 
National Environmental Policy Act (NEPA). The Court also noted that an 
EIS would have a number of benefits, including a more thorough 
exploration of alternatives, greater opportunity for public 
involvement, and the preparation of a Record of Decision that clearly 
lays out the decision and rationale.
    NMFS subsequently withdrew Permit No. 1303 on January 8, 2003, to 
allow consideration of any information obtained or developed during 
preparation of an EIS, as well as the analysis of that information, in 
a reconsideration of those experiments.

Scoping for Proposed Action

    Scoping for the EIS commences with publication of this Notice, 
which is intended to meet the NEPA scoping guidelines at 40 CFR 1501.7 
and 1508.22. In addition to holding the scoping meetings announced in 
this Notice, NMFS is accepting written comments on the range of 
actions, alternatives, and impacts it should consider in the EIS.
    Public involvement in the scoping of issues and alternatives is an 
important part of the EIS process. The action now under consideration 
and the subject of this EIS is the conduct of fishing experiments to 
test methods for reducing sea turtle bycatch by Pacific longline 
fisheries, including the issuance of any permits which may be necessary 
for the conduct of the research activity. A no-action alternative and 
its environmental consequences will also be considered and evaluated.
    The research activities proposed are similar to those previously 
authorized under Permit No. 1303. Modifications or alternatives could 
alter the specific gear to be tested, but would not increase the number 
of sea turtles affected. No alternative will be considered that 
requires a greater take of sea turtles than the research proposed and 
evaluated for Permit No. 1303. Some alternatives may reduce the number 
of gear modifications to be tested or reduce the number of turtles 
affected.
    NMFS anticipates that the conduct of the fishing experiments 
proposed will require the Office of Protected Resources to make a 
decision on whether or not a research permit should be issued.

Issues

    As a result of preparation of the Jan. 2002 EA, the Jan. 25 BiOp, 
and the litigation discussed above, a number of issues associated with 
the research have been identified. These issues include: (1) number of 
sea turtle hookings and mortalities expected to result from the 
research; (2) effects of those hookings and mortality levels on sea 
turtle populations; (3) the cumulative effect on sea turtle populations 
resulting from the research and the numbers and species of turtles 
already affected by ongoing fishing and other activities; (4) how each 
of the four sea turtle populations would be affected if the research is 
not conducted; (5) effects of the research on endangered short-tailed 
albatross and other species of interest; (6) whether the research could 
meet its goals while being conducted in ways that would reduce impacts 
to sea turtles; (7) the likelihood that any successful fishing methods 
detected could successfully be transferred to and adopted by foreign 
longliners; (8) whether the experiment could be conducted using active 
vessels in current fisheries so the research would not add to the 
number of sea turtles already being affected by ongoing fishing 
activity; (9) what options exist for different experimental designs 
that would meet the research goals; (10) whether the results of other 
research conducted in the North Atlantic, Azores, and elsewhere already 
answer the questions to be addressed by the research; and (11) whether 
the methods of longline fishing to be tested would likely be 
commercially viable. NMFS solicits and invites public comment on these 
as well as other relevant issues.

Additional Information Available

    The Endangered Species Act (ESA) requires a research permit for 
activities involving directed taking of a species listed as threatened 
or endangered that may include injury and potential mortality. The 
fishing experiments could also involve the importation of living, 
deeply hooked sea turtles for treatment and rehabilitation which would 
also require an ESA permit. The fishing experiments are anticipated to 
take place on the high seas as well as within the U.S. Exclusive 
Economic Zone (EEZ).
    The Office of Protected Resources issued a Final Environmental 
Assessment and Biological Opinion that evaluated the effects of the 
proposed fishing experiments and four alternatives. These documents 
(Jan. 2002 EA and Jan. 25 BiOp) provide descriptions and discussions of 
the initial research proposal and issuance of Permit No. 1303 (now 
withdrawn). In addition, the FWS issued its Biological Opinion on the 
Effects on the Short-tailed Albatross of National Marine Fisheries 
Service Research on Sea Turtles in December 2001, concluding that the 
estimated level of take resulting from the research would not result in 
jeopardy to that species nor impact any critical habitat.
    Alternatives considered in the Jan. 2002 EA included not issuing a 
permit and variations in the design of the experiments. The total takes 
of turtles requested to be authorized over the 3-year life of the 
research permit was 15 green, 44 leatherback, 233 loggerhead, and 24 
olive ridley, and the requested lethal take was 117 turtles (6 green, 
15 leatherback, 87 loggerhead, and 9 olive ridley). These were 
determined to be the number of turtles necessary for the fishing 
experiments to have sufficient statistical validity (that is, to be 
able to detect significant differences between gear types and fishing 
methods in their ability to reduce bycatch of sea turtles).
    The Jan. 2002 EA and both Biological Opinions are available from 
the NMFS Honolulu Laboratory (see ADDRESSES).
    The Responsible Program Manager for this EIS is Sam Pooley, Acting 
Director, Honolulu Laboratory, NMFS.

Special Accommodations

    These meetings are accessible to people with disabilities. Requests 
for sign language interpretation or other auxiliary aids should be 
directed to Wende Goo, 808-983-5303 (voice) or 808-983-2901 (fax), at 
least five days before the scheduled meeting date.

    Authority: 16 U.S.C. 1531 et seq., 42 U.S.C. 4371 et seq.


[[Page 9064]]


    Dated: February 20, 2003.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 03-4565 Filed 2-26-03; 8:45 am]
BILLING CODE 3510-22-S