[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Notices]
[Pages 38676-38678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16430]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 061903A]


Marine Mammals; Notice of Intent to Prepare an Environmental 
Impact Statement for the Atlantic Large Whale Take Reduction Plan 
(ALWTRP)

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

ACTION: Notice of intent (NOI) to prepare an Environmental Impact 
Statement

[[Page 38677]]

(EIS); notice of public scoping meetings; request for comments.

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SUMMARY:  NMFS announces its intention to prepare an EIS for the 
ALWTRP, in accordance with the National Environmental Policy Act 
(NEPA), to analyze impacts to the environment of the management 
alternatives under consideration. The purpose of this action is to 
solicit public comments on the scope of issues to be addressed in the 
EIS. NMFS requests comments on management options, including those 
provided by the Atlantic Large Whale Take Reduction Team (ALWTRT), for 
this action. Additionally, NMFS is seeking information on the range of 
impacts that should be considered for the various options designed to 
reduce the incidental mortality and serious injury of right, humpback 
and finback whales incidentally taken in commercial fisheries.

DATES:  Written comments must be postmarked or transmitted via 
facsimile (fax) at the appropriate address or number (see ADDRESSES) no 
later than 5 p.m. Eastern Standard Time on July 30, 2003. The public 
scoping meetings will be held in July. For specific dates and times see 
SUPPLEMENTARY INFORMATION.

ADDRESSES:  Written comments on this action should be sent to: Mary 
Colligan, Assistant Regional Administrator for Protected Resources, 
NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 01930, Attn: 
Large Whale EIS. Comments may also be sent via fax to 978-281-9394. 
Comments submitted via e-mail or Internet will not be accepted. Copies 
of the most recent marine mammal stock assessment reports may be 
obtained by writing Chief, Marine Mammal Division, Office of Protected 
Resources, NMFS, Silver Spring, MD 20910 or may be downloaded from the 
Internet (see Electronic Access). For locations of scoping meetings see 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast 
Region, 978-281-9328 ext. 6503; Juan Levesque, NMFS/Southeast Region, 
727-570-5779; or Kristy Long, NMFS, Office of Protected Resources, 301-
713-2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The ALWTRP is implemented under authority of the Marine Mammal 
Protection Act (MMPA) by regulations at 50 CFR 229.32. Copies of the 
background documents provided to the ALWTRT in advance of the April 
2003 ALWTRT meeting and general information on the ALWTRP may be 
obtained from the ALWTRP website at: http://www.nero.nmfs.gov/whaletrp. 
Copies of the most recent marine mammal stock assessment reports may be 
downloaded from the Office of Protected Resources website at: http://www.nmfs.noaa.gov/pr/PR2/Stock_Assessment_Program/individual_sars.html. Once available, a meeting summary of the April 2003 ALWTRT 
meeting will be posted on the ALWTRP website. A document which 
summarizes ALWTRP options from the April 2003 meeting and subsequent 
subgroup meetings will also be posted on the ALWTRP website on or about 
July 1, 2003, and made available to the public at scoping meetings.

Background

    On June 14, 2001, NMFS issued four Biological Opinions (BOs) as the 
result of Endangered Species Act section 7 consultations on the Fishery 
Management Plans (FMPs) for the monkfish, spiny dogfish, and Northeast 
multispecies fisheries, and on the Federal regulations for the American 
lobster fishery. The BOs concluded that the regulations implementing 
the three FMPs and the lobster regulations were likely to jeopardize 
the continued existence of right whales. In response to this finding, 
NMFS developed a Reasonable and Prudent Alternative (RPA) with multiple 
management components. As part of its RPA, NMFS developed gear 
restrictions for the anchored gillnet and lobster trap fisheries based 
on predictable annual concentrations of right whales. This management 
component is known as the Seasonal Area Management (SAM) program.
    The BOs established September 30, 2001 as the deadline for 
identifying proposed rules to implement the RPA. NMFS complied with the 
deadline by publishing an Advanced Notice of Proposed Rulemaking (ANPR) 
and a Notice of Intent (NOI) to Prepare an EIS for the SAM program on 
October 3, 2001 (66 FR 50390). However, the Federal District Court for 
the District of Massachusetts ordered NMFS to prepare a proposed rule 
to implement the SAM program by November 23, 2001, and a final rule to 
implement the program by December 31, 2002. As a result of the Court's 
findings, NMFS engaged in an accelerated rulemaking process for 
implementing a SAM program. The SAM program was approved on December 
31, 2002, and published as an interim final rule on January 9, 2002 (67 
FR 1142). In support of the interim final rule for the SAM program, 
NMFS prepared an Environmental Assessment and Regulatory Impact Review. 
Information concerning the BOs, including the RPA may be found in the 
original ANPR and NOI for the SAM program published on October 3, 2001 
(see citation above) and is not repeated here.
    This EIS was originally intended to analyze impacts to the 
environment of different management alternatives that would finalize 
the SAM program. However, due to continuing large whale entanglements 
in fishing gear since the publication of the SAM interim final rule, 
NMFS believes additional modifications to the ALWTRP are needed. 
Therefore, this document announces NMFS' intent to change the scope of 
the EIS and consider more alternatives for possible amendments to the 
ALWTRP. NMFS believes modifications to the ALWTRP are needed to meet 
the goals of the MMPA by reducing incidental mortality and serious 
injury to three strategic large whale species - the North Atlantic 
right whale (Eubalaena glacialis), humpback whale (Megaptera 
novaeangliea), and fin whale (Balaenoptera physalus) - incidentally 
taken in commercial fisheries to or below the Potential Biological 
Removal (PBR) level for each stock.

ALWTRT

    NMFS reconvened the ALWTRT April 28-30, 2003, to help evaluate the 
ALWTRP, which currently regulates lobster trap/pot and gillnet 
fisheries, and discuss additional modifications that may be necessary 
to meet the goals of the MMPA. For example, five right whale 
mortalities and eight entanglements were documented in 2002. The ALWTRT 
was asked to consider and develop possible options to address fishery 
interactions with large whales by reducing the potential for 
entanglements, minimize adverse effects if entanglements occur, and 
mitigate the effects of any unavoidable entanglements. New fisheries 
(Northeast trap/pot, Mid-Atlantic mixed species trap/pot, and Mid-
Atlantic and Southeast Atlantic black sea bass trap/pot fisheries) were 
added to the ALWTRT process in 2003, including those that target 
hagfish, Jonah crab, red crab, shrimp, black sea bass, and conch/whelk. 
NMFS requested that the ALWTRT consider options for regulating these 
fisheries under the ALWTRP.
    It was agreed that the ALWTRT would meet in separate subgroups over 
the two months following the April 2003 meeting to further refine the 
proposals developed at the meeting. These

[[Page 38678]]

ALWTRT meetings included a ``Northeast Inshore Lobster Trap/Pot'' 
subgroup that met on May 19, 2003, in Portsmouth, NH; an ``Offshore 
Trap/Pot'' subgroup that met on June 17, 2003, in Gloucester, MA, and a 
``Southeast/Mid-Atlantic'' subgroup that is expected to meet on June 
23, 2003, in Philadelphia, PA. All ALWTRT meetings, including subgroup 
meetings, are open to the public. Recommendations and/or proposals from 
the full ALWTRT and subsequent subgroup meetings will be used to draft 
a management options document that will be distributed at scoping 
meetings.

Management Options

    This notice provides an opportunity for public involvement in 
identifying the scope of the issues to be addressed in the EIS. NMFS 
requests comments on management options, including those provided by 
the ALWTRT, for this action. Additionally, NMFS is seeking information 
on the range of impacts that should be considered for the various 
options. Background documents provided to the ALWTRT and general public 
in advance of the April 2003 meeting are available for review (see 
Electronic Access). A summary of options from the ALWTRT meetings will 
be made available prior to the scoping meetings (see Electronic 
Access). Comments received on this action will assist NMFS in 
determining the alternatives for rulemaking to reduce interactions of 
right, humpback, and fin whales with commercial fisheries.
    The ALWTRP (50 CFR 229.32) is a multi-faceted plan that includes 
area closures, gear modification requirements in areas open to fixed 
gear fishing, Dynamic Area Management (DAM) and SAM programs, gear 
research to develop new modifications to current practices and/or 
fishing techniques, a right whale Sighting Advisory System, and a 
disentanglement program to free whales incidentally caught in fishing 
gear. Proposals to amend the ALWTRP that were discussed by the ALWTRT 
included, but were not limited to, eliminating or modifying the DAM 
program; expanding the SAM program by increasing the areas in time and 
space; modifying the current gear modifications in SAM and DAM areas by 
allowing for two buoy lines and polypropylene line on the bottom third 
of the buoy line; eliminating the DAM and SAM programs and implementing 
a phase-in period for broad-based gear modifications, including a 
requirement for sinking/neutrally buoyant line in groundlines or 
reducing the line profile of groundlines; increased gear research to 
reduce risk associated with buoy lines; consideration of regional and 
seasonal differences in fishing practices in the waters regulated under 
the ALWTRP; regulating other trap/pot fisheries (e.g. hagfish, Jonah 
crab, red crab, black sea bass, scup, tautog, shrimp, conch/whelk) 
under the ALWTRP; exempting waters both by area and depth based on lack 
of whale sightings in these areas, or unlikelihood that whales dive to 
deep depths; consideration of ``special areas'' where additional time 
is needed to phase-in sinking/neutrally buoyant line in groundlines or 
reducing the line profile of groundlines due to rocky bottom areas; 
clarifications to the ALWTRP regulatory language; revised gear marking 
scheme; increased gear research to reduce risk associated with buoy 
lines; and expanded ALWTRP outreach.
    Within the comment period established by this notice (see DATES), 
NMFS will hold six public scoping meetings to gather public comment on 
the development and implementation of new management measures for the 
ALWTRP.

Schedule of Public Scoping Meetings

    The dates, times, and locations of the meetings are scheduled as 
follows:

1. Monday, July 7, 2003 - Fairhaven, MA, 6-9 p.m.

    Holiday Inn, 110 Middle Street, Fairhaven, MA 02719

2. Wednesday, July 9, 2003 - Cape May Court House, NJ, 6-9 p.m.

    Rutgers Cooperative Extension of Cape May County, 355 Court House/
South Dennis
    Road (Route 657), Cape May Court House, NJ

3. Thursday, July 10, 2003 - Washington, NC, 6-9 p.m.

    North Carolina Division of Marine Fisheries, Pamlico District 
Office, 943 Washington
    Square Mall, Washington, NC 27889

4. Monday, July 14, 2003 - Portland, ME, 6-9 p.m.

    Holiday Inn - Portland by the Bay, 88 Spring Street, Portland, ME 
04101

5. Tuesday, July 15, 2003 - Ellsworth, ME, 6-9 p.m.

    Holiday Inn, 215 High Street, Ellsworth, ME 04505

6. Thursday, July 17, 2003 - Ft. Pierce, FL, 6-9 p.m.

    Holiday Inn, Okeechobee Road, Ft. Pierce, FL 34950

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Request for sign language interpretation or other 
auxiliary aids should be directed to Diane Borggaard 978 - 281-9328.

    Dated: June 24, 2003.
Laurie K. Allen,
Acting Director of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 03-16430 Filed 6-27-03; 8:45 am]
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