[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Notices]
[Pages 10703-10704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5285]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 022603D]


Marine Mammals; Notice of Intent to Prepare an Environmental 
Impact Statement for Issuing Annual Gray Whale Subsistence Quotas to 
the Makah Indian Tribe for the years 2003 through 2007

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

ACTION: Notice of intent to prepare an Environmental Impact 
Statement(EIS); request for written comments.

-----------------------------------------------------------------------

SUMMARY: NMFS announces its intention to prepare an EIS, in accordance 
with the National Environmental Policy Act, to assess the impacts of 
issuing annual subsistence quotas for gray whales to the Makah Tribe 
for the years 2003 through 2007. NMFS solicits comments and information 
to facilitate this analysis.

DATES: Comments and information must be postmarked by April 21, 2003.

ADDRESSES: Written comments should be sent to Chief, Marine Mammal 
Division (F/PR2), Office of Protected Resources, National Marine 
Fisheries Service, 13th Floor, 1315 East-West Hwy, Silver Spring, MD 
20910. Please mark the outside of the envelope with ``Comments on Gray 
Whale Analysis.'' Comments will not be accepted if submitted via e-mail 
or internet.

FOR FURTHER INFORMATION CONTACT: Chris Yates, 301-713-2322.

SUPPLEMENTARY INFORMATION: At its 2002 annual meeting, the 
International Whaling Commission (IWC) approved a quota of 620 gray 
whales for an aboriginal subsistence harvest for the years 2003 through 
2007. The basis for the quota was a joint request by the Russian 
Federation (for a total of 600 whales) and the United States (for a 
total of 20 whales). The subsistence and ceremonial needs of the Makah 
Indian Tribe were the foundation of the United States' request to the 
IWC.
    On December 20, 2002, the Ninth Circuit Court of Appeals reversed a 
district court ruling that upheld NMFS' issuance of a quota to the 
Makah Tribe to hunt a limited number of gray whales for aboriginal 
subsistence purposes in 2001 and 2002. See Anderson v. Evans, 314 F.3d 
1006 (9th Cir. 2002). The Federal Government is currently considering 
whether to request rehearing of Anderson v. Evans. Subject to the 
outcome of a possible rehearing, NMFS is preparing an EIS on the 
issuance of annual quotas to the Makah Tribe for a subsistence hunt on 
gray whales for the years 2003 through 2007. NMFS is evaluating the 
following four alternatives:
    Alternative 1 - Grant the Makah Tribe a quota of 5 whales per year 
over 5 years though annual quotas with restrictions that would allow a 
limited hunt on the gray whale summer feeding aggregation and limit the 
harvest to 20 landed whales over 5 years.
    Alternative 2 - Grant the Makah Tribe a quota of 5 whales per year 
over 5 years through annual quotas with restrictions to target the hunt 
on migrating whales and limit the harvest to 20 landed whales over 5 
years.
    Alternative 3 - Grant the Makah Tribe a quota of 5 whales per year 
over 5 years through annual quotas without time or area restrictions. 
The hunt would be limited to 20 landed whales over 5 years.
    Alternative 4 - (No Action) - Do not grant the Makah Tribe a quota.

Information Solicited

    To ensure that the review is comprehensive and based on the best 
available information, NMFS is soliciting information and comments from 
any interested party concerning

[[Page 10704]]

the issuance of annual gray whale quotas of 5 whales per year over 5 
years to the Makah Tribe for the years 2003 through 2007. NMFS is 
particularly interested in any new information on the affected 
environment or environmental consequences that has become available 
since the last analysis was completed. It is requested that data, 
information, and comments be accompanied by (1) supporting 
documentation, and (2) the name, address, andaffiliation of person 
submitting data. Following the issuance of the draft EIS NMFS will 
solicit additional public input.

    Dated: February 28, 2003.
Laurie K. Allen,
Acting Director, Office of Protected Resources,National Marine 
Fisheries Service.
[FR Doc. 03-5285 Filed 3-5-03; 8:45am]
BILLING CODE 3510-22-S