[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 40909-40910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 070103B]


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP)

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

ACTION: Notice of voluntary restrictions on anchored gillnet and 
lobster trap/pot fishing gear.

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SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, 
announces that lobster trap/pot and anchored gillnet fishermen are 
requested to remove on a voluntary basis their gear from an area 
totaling approximately 1,640 square nautical miles (nm\2\) (5,625 
km\2\), east of Cape Cod, MA for 15 days. These fishermen are also 
asked not to set additional gear during this period. The purpose of 
this action is to provide protection to an aggregation of North 
Atlantic right whales (right whales).

DATES: Effective beginning at 0001 hours July 3, 2003, through 2400 
hours July 17, 2003.

ADDRESSES: Copies of the proposed and final Dynamic Area Management 
rules, Environmental Assessment (EA), Atlantic Large Whale Take 
Reduction Team (ALWTRT) meeting summaries, and progress reports on 
implementation of the ALWTRP may also be obtained by writing Diane 
Borggaard, NMFS/Northeast Region, One Blackburn Drive, Gloucester, MA 
01930.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast 
Region, 978-281-9328; or Kristy Long, NMFS, Office of Protected 
Resources, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Several of the background documents for the ALWTRP and the take 
reduction planning process can be downloaded from the ALWTRP web site 
at http://www.nero.nmfs.gov/whaletrp/.

Background

    The ALWTRP was developed pursuant to section 118 of the Marine 
Mammal Protection Act (MMPA) to reduce the incidental mortality and 
serious injury of three endangered species of whales (right, fin, and 
humpback) as well as provide conservation benefits to a fourth non-
endangered species (minke) due to incidental interaction with 
commercial fishing activities. The ALWTRP, implemented through 
regulations codified at 50 CFR 229.32, relies on a combination of 
fishing gear modifications and time/area closures to reduce the risk of 
whales becoming entangled in commercial fishing gear (and potentially 
suffering serious injury or mortality as a result).
    On January 9, 2002, NMFS published the final rule to implement the 
ALWTRP's Dynamic Area Management (DAM) program (67 FR 1133). The DAM 
program provides specific authority for NMFS to restrict temporarily on 
an expedited basis the use of lobster trap/pot and anchored gillnet 
fishing gear in areas north of 40[deg] N. lat. to protect right whales. 
Under the DAM program, NMFS may: (1) require the removal of all lobster 
trap and anchored gillnet fishing gear for a 15-day period; (2) allow 
lobster trap and anchored gillnet fishing within a DAM zone with gear 
modifications determined by NMFS to sufficiently reduce the risk of 
entanglement; and/or (3) issue an alert to fishermen requesting the 
voluntary removal of all lobster trap and anchored gillnet gear for a 
15-day period, and asking fishermen not to set any additional gear in 
the DAM zone during the 15-day period.
    A DAM zone is triggered when NMFS receives a reliable report from a 
qualified individual of three or more right whales sighted within an 
area (75 nm\2\ (139 km\2\)) such that right whale density is equal to 
or greater than 0.04 right whales per nm\2\ (1.85 km\2\). A qualified 
individual is an individual ascertained by NMFS to be reasonably able, 
through training or experience, to identify a right whale. Such 
individuals include, but are not limited to, NMFS staff, U.S. Coast 
Guard and Navy personnel trained in whale identification, scientific 
research survey personnel, whale watch operators and naturalists, and 
mariners trained in whale species identification through 
disentanglement training or some other training program deemed adequate 
by NMFS. A reliable report would be a credible right whale sighting.
    On June 25, 2003, NMFS Aerial Survey Team reported a sighting of 11 
right whales in the proximity of 42[deg] 06' N lat. and 69[deg] 32' W 
long. This position lies east of Cape Cod, MA. Thus, NMFS has received 
a reliable report from a qualified individual of the requisite right 
whale density to trigger the DAM provisions of the ALWTRP.
    Once a DAM zone is triggered, NMFS determines whether to impose 
restrictions on fishing and/or fishing gear in the zone. This 
determination is based on the following factors, including but not 
limited to: the location of the DAM zone with respect to other fishery 
closure areas, weather conditions as they relate to the safety of human 
life at sea, the type and amount of gear already present in the area, 
and a review of recent right whale entanglement and mortality data.
    Because the Seasonal Area Management (SAM) East zone overlaps a 
portion of the DAM zone, this area is excluded from the DAM zone.
    NMFS has reviewed the factors and management options noted above 
relative to the DAM under consideration. NMFS requests the voluntary 
removal of lobster trap/pot and anchored gillnet gear and asks lobster 
trap/pot and anchored gillnet fishermen not to set any new gear in this 
area during the 15-day restricted period. The DAM zone is bound by a 
straight line connecting the following coordinates:
    42[deg]30'N, 70[deg]06'W (NW Corner)
    42[deg]30'N, 69[deg]24'W
    41[deg]49'N, 69[deg]24'W
    41[deg]58'N, 69[deg]00'W
    41[deg]42'N, 69[deg]00'W
    41[deg]42'N, 69[deg]59'W (MA Coast)
    Follow MA Coast northward to
    42[deg]03'N, 70[deg]06'W
    42[deg]30'N, 70[deg]06'W
    NMFS requests voluntary action within the DAM zone because, based 
on what is known about right whale migration, the animals will likely 
move

[[Page 40910]]

into other protected areas, such as the SAM East zone. The request for 
removal of gear and no setting of additional gear will be in effect 
beginning at 0001 hours July 3, 2003, through 2400 hours July 17, 2003, 
unless terminated sooner or extended by NMFS, through another 
notification in the Federal Register.
    The request for voluntary action will be announced to state 
officials, fishermen, Atlantic Large Whale Take Reduction Team (ALWTRT) 
members, and other interested parties through e-mail, phone contact, 
NOAA website, and other appropriate media immediately upon filing with 
the Federal Register.

Classification

    In accordance with section 118(f)(9) of the MMPA, the Assistant 
Administrator (AA) for Fisheries has determined that this action is 
necessary to implement a take reduction plan to protect North Atlantic 
right whales.
    This action falls within the scope of alternatives and impacts 
analyzed in the Final EA prepared for the ALWTRP's DAM program. Further 
analysis under the National Environmental Policy Act (NEPA) is not 
required.
    NMFS determined that the regulations establishing the DAM program 
and actions such as this one taken pursuant to those regulations are 
consistent to the maximum extent practicable with the enforceable 
policies of the approved coastal management program of the U.S. 
Atlantic coastal states. This determination was submitted for review by 
the responsible state agencies under section 307 of the Coastal Zone 
Management Act. Following state review of the regulations creating the 
DAM program, no state disagreed with NMFS' conclusion that the DAM 
program is consistent to the maximum extent practicable with the 
enforceable policies of the approved coastal management program for 
that state.
    The DAM program under which NMFS is taking this action contains 
policies with federalism implications warranting preparation of a 
federalism assessment under Executive Order 13132. Accordingly, in 
October 2001, the Assistant Secretary for Intergovernmental and 
Legislative Affairs, DOC, provided notice of the DAM program to the 
appropriate elected officials in states to be affected by actions taken 
pursuant to the DAM program. Federalism issues raised by state 
officials were addressed in the final rule implementing the DAM 
program. A copy of the federalism Summary Impact Statement for that 
final rule is available upon request (ADDRESSES).
    The rule implementing the DAM program has been determined to be not 
significant under Executive Order 12866.

    Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3).

    Dated: July 2, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-17321 Filed 7-3-03; 11:08 am]
BILLING CODE 3510-22-S