[Federal Register Volume 68, Number 147 (Thursday, July 31, 2003)]
[Notices]
[Pages 44925-44926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19521]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 071003D]


Marine Mammals; Notice Announcing Preparation of an Environmental 
Assessment 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 announcing preparation of an Environmental 
Assessment(EA).

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SUMMARY: NMFS announces its intention to prepare a draft EA, in 
accordance with the National Environmental Policy Act (NEPA), for the 
development of a Bottlenose Dolphin Take Reduction Plan (BDTRP) to 
reduce the incidental mortality and serious injury of the western North 
Atlantic coastal stock of bottlenose dolphins (bottlenose dolphin) in 
commercial fisheries to below the potential biological 
removal(PBR)level for the stock. Through a previous notice, NMFS 
informed the public of the agency's intent to prepare an Environmental 
Impact Statement (EIS). NMFS has since received information indicating 
that in this case an EA is a more appropriate analysis under NEPA.

DATES: See SUPPLEMENTARY INFORMATION section for information on the 
comment period for the EA.

ADDRESSES: For additional information on the BDTRP, contact Katie 
Moore, NMFS Southeast Regional Office, 9721 Executive Center Drive N, 
St. Petersburg, FL 33702, fax: 727-570-5517; Brian Hopper, NMFS 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930-
2298, fax: 978 281-9394; or Tanya Dobrzynski, NMFS Office of Protected 
Resources, 1315 East-West Highway, Silver Spring, MD 20910, fax: 301-
713-0376.

FOR FURTHER INFORMATION CONTACT: Katie Moore, phone: 727-570-5312; or 
Tanya Dobrzynski, phone: 301-713-2322. Individuals who use a 
telecommunications device for the deaf (TDD) may call the Federal 
Information Relay Service at 1-800-877-8339 between 8 a.m. and 4 p.m. 
Eastern time, Monday through Friday, excluding Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    For additional information on western North Atlantic coastal 
bottlenose dolphins, refer to the final 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.html. For more information on the BDTRP, 
access the BDTRP site at: http://www.nmfs.noaa.gov/prot_res/PR2/Health_html.
    On July 22, 2002, NOAA Fisheries published in the Federal Register 
a Notice of Intent (NOI) to Prepare an Environmental Impact 
Statement(EIS)(67 FR 47772) for the development of a BDTRP. At that 
time, given the best available information, NMFS believed that the 
regulations to implement the BDTRP would have a significant adverse 
impact on participants in the related fisheries, as well as a 
significant beneficial impact on the western North Atlantic coastal 
stock of bottlenose dolphin. On September 19, 2002, NMFS published a 
notice reopening the comment period for an additional 45 days to ensure 
that the public had ample opportunity to provide comments. Since 
publication of the NOI, NMFS has received additional information on the 
status of the western North Atlantic Bottlenose Dolphin stock complex. 
New abundance estimates indicate an increase in stock abundance and an 
associated increase in potential biological removal (PBR) for 6 of the 
8 management units within the bottlenose dolphin stock complex. Because 
of this new information, NMFS believes that take reduction measures 
necessary to reach PBR are much less likely to significantly impact 
either the stock or the related fisheries, as previously believed.
    Pursuant to the National Oceanic and Atmospheric Administration 
(NOAA's) Administrative Order 216-6, when the agency determines not to 
pursue a proposed action after a notice of intent has been published, a 
second notice should be published to inform the public of the change. 
Through this action, NMFS is providing notice that it will prepare an 
EA rather than an EIS as previously announced. The purpose of an EA is 
to determine whether significant environmental impacts could result 
from a proposed action. If the action is determined not to be 
significant, the EA and resulting Finding of No Significant Impact will 
be the final environmental documents required by the NEPA. If the EA 
reveals that significant environmental impacts may be reasonably 
expected to occur, then the agency will prepare an EIS. Through 
comments received on the NOI for the EIS and the associated public 
review process for the draft EA and proposed rule to implement the 
BDTRP, the agency will receive feedback on its determination of 
significance.
    NMFS intends to develop and implement a BDTRP pursuant to section 
118 of the Marine Mammal Protection Act (MMPA). The purpose of the 
proposed action is to reduce the incidental mortality and serious 
injury of the western North 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 western North 
Atlantic coastal bottlenose dolphins incidentally taken in the 
following Category I and 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. The take 
reduction plan is being developed pursuant to the process described in 
section 118(f) of the MMPA.
    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. For more information about the stock, consult the SAR, 
as described in the Electronic Access portion of this notice. 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). 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

[[Page 44926]]

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 (16 U.S.C. 1387). 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 (16 U.S.C. 1387).
    The Secretary of Commerce (Secretary) shall 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 the draft plan 
submitted by the team, any changes proposed by the Secretary with an 
explanation of the reasons therefor, and proposed regulations to 
implement such plan, for public review and comment.

Public Scoping Process

    The BDTRT was established on November 7, 2001. A Federal Register 
notice announcing the convening of the BDTRT and its 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, and also met in April 2003 to review updated 
bottlenose dolphin abundance information and to augment the original 
recommendations where they did not meet the statutory requirements of 
the MMPA. The dates of the six meetings were: November 7-8, 2001; 
January 23-25, 2002; February 27-March 1, 2002; March 27-28, 2002; 
April 23-25, 2002; and April 1-3, 2003. 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. No additional scoping 
meetings are scheduled.
    NMFS hired a commercial fisheries liaison to engage the commercial 
fishing sector by sharing information about the purpose of the Team, 
meeting dates and locations, and the 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, developed a Web site regarding the issue, 
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 western North 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 Tanya Dobrzynski (see FOR 
FURTHER INFORMATION CONTACT).
    NMFS will provide an opportunity for comment on the draft EA in 
conjunction with publication of the proposed regulations to implement 
the BDTRP. At that time, NMFS will also consider public comments 
received during the public comment period on the NOI to prepare an EIS 
for the BDTRP.

    Dated: July 25, 2003.
Rebecca Lent,
Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-19521 Filed 7-30-03; 8:45 am]
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