[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Proposed Rules]
[Pages 55023-55025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[I.D.081803A]


Environmental Impact Statement for Consideration and 
Determination Regarding the Application for the Issuance of a Permit 
for Incidental Take in the Inshore Fisheries of the Main Hawaiian 
Islands Managed by the State of Hawaii; Public Scoping Meetings

AGENCY:  National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Department of Commerce.

ACTION:  Notice of scoping meetings and supplemental notice of intent 
to prepare environmental impact statement.

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SUMMARY:  The National Marine Fisheries Service (NMFS) is announcing 
its intent to hold scoping meetings to inform interested parties of the 
Environmental Impact Statement (EIS) process as it applies to the 
evaluation of the State of Hawaii's permit application for an 
Endangered Species Act (ESA) incidental take permit (ITP) and the 
evaluation of fishery management alternatives, any of which may produce 
a different effect on impacted ESA-listed species. NMFS also 
supplements its initial notice of intent to prepare an environmental 
impact statement to assess the potential impacts on the human 
environment of the issuance of the ITP to authorize take of Hawaiian 
monk seals during commercial fishing activities in the state of Hawaii.

DATES:  See SUPPLEMENTARY INFORMATION for specific dates and locations 
of the meetings. Written comments (see ADDRESSES) should be received no 
later than December 31, 2003.

[[Page 55024]]


ADDRESSES:  Written comments on fisheries interactions with sea turtles 
and Hawaiian monk seals or other information that NMFS should consider 
in preparing the EIS and requests to be included on a mailing list of 
persons interested in the EIS should be sent to Sarah Malloy, Protected 
Resources Division, Pacific Islands Regional Office, National Marine 
Fisheries Service, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814.

FOR FURTHER INFORMATION CONTACT: Sarah Malloy, telephone (808) 973-
2937, fax (808) 973-2941

SUPPLEMENTARY INFORMATION:

Endangered Species Act Requirements

    The ESA requires the development of a list of species determined to 
be in danger of extinction throughout all or a significant portion of 
its range (endangered) or likely to become endangered in the 
foreseeable future (threatened). Section 9 of the ESA prohibits 
``take'' of such endangered species. ``Take'' has been defined as ``to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct.'' Section 9 of 
the ESA prohibits all take of endangered species, regardless of whether 
the take is directed or incidental. Through section 4(d) of the ESA, 
NMFS has extended the prohibition of take to threatened sea turtles 
under 50 CFR 223.205.
    One exemption to the ESA take prohibition is provided through an 
ESA section 10(a)(1)(B) incidental take permit (ITP). Specifically, 
section 10(a)(1)(B) authorizes NMFS, under some circumstances, to 
permit the taking of fish and wildlife otherwise prohibited if such 
taking is incidental to, and not the purpose of carrying out, otherwise 
lawful activities.
    Applicants seeking an ESA section 10(a)(1)(B) permit must include a 
conservation plan with their application that: (1) identifies the 
impacts to species and critical habitat; (2) identifies actions to 
minimize and mitigate any negative impacts; (2) identifies funding for 
minimization and mitigation efforts; (3) illustrates that there will be 
no appreciable reduction in the likelihood of survival and recovery of 
the species; and (4) contains adequate assurances that the plan will be 
fully implemented.
    To determine whether to grant the issuance of a permit, NMFS must 
conduct a thorough and collaborative review of all data and potential 
effects on listed species of the activity(ies) identified in the 
permit. NMFS cannot authorize an ITP unless it can determine that the 
permit application and related conservation plan establish that (1) the 
taking will be incidental; (2) the applicant will, to the maximum 
extent practicable, minimize and mitigate the impacts of such taking; 
(3) the applicant will ensure that adequate funding for the plan is 
provided; (4) the taking will not appreciably reduce the likelihood of 
the survival and recovery of the species in the wild; and (5) any other 
measures or assurances required by NMFS as being necessary or 
appropriate for purposes of the conservation plan will be met.
    Section 7 of the ESA also states that actions taken by Federal 
agencies must not jeopardize the continued existence of threatened and 
endangered species and directs these agencies to take affirmative steps 
to enhance prospects for recovery of such species. In evaluating 
section 10 permit applications, NMFS must ensure that allowing 
incidental take as described in the application would not likely 
jeopardize the continued existence of the listed species or adversely 
modify critical habitat and that the permit is consistent with recovery 
requirements identified to date for the species.
    ESA-listed species that may be impacted by the interactions with 
fishing gear associated with State of Hawaii-managed fisheries include 
five species of sea turtles and monk seals. Therefore, as part of its 
management of inshore fisheries in the main Hawaiian islands (MHI), the 
State of Hawaii has applied for a permit for the incidental take of the 
five species of sea turtles and monk seals. NMFS is now undertaking a 
review of the permit application, as amended, and the impacts of the 
State of Hawaii's management of its fisheries on ESA-listed species to 
determine whether or not a permit should be issued for the incidental 
take of such species.

NEPA Process

    The authorization of an ITP constitutes a Federal action. Under the 
National Environmental Policy Act (NEPA), Federal agencies must insure 
that environmental information is available to public officials and 
citizens before Federal decisions are made and before Federal actions 
are taken. The purpose is to promote management and policy decisions 
that will prevent or eliminate damage to the environment, stimulate the 
health and welfare of the public, and enrich the understanding of the 
ecological systems and natural resources important to the nation. A key 
element of the NEPA process is the identification not only of the 
proposed action but also a set of alternatives to the proposed action. 
The NEPA process, involving public review of the alternatives, is 
designed to provide the agency with information that enables 
identification of the most satisfactory alternative. Therefore, public 
involvement, including public meetings and other opportunities for 
public input, in the scoping and selection of alternatives is an 
important part of the EIS process.
    The proposed action now under consideration and the subject of this 
EIS is the issuance of a permit for the incidental take of sea turtles 
and monk seals associated with fishing activities in MHI inshore waters 
under the authority of the State of Hawaii. A no-action alternative and 
its environmental consequences will be considered and evaluated. Other 
alternatives that may be considered may include those listed in the 
conservation plan and other appropriate measures. For instance, 
alternative actions may call for gear modifications, reporting 
requirements, and other remedial actions on the part of fishers 
designed to minimize the number of individual animals affected and 
mitigate the injuries of animals that are taken.
    Public scoping for this EIS commenced with publication of the 
Notice of Intent on May 9, 2002 (67 FR 31172), which is intended to 
meet the NEPA scoping guidelines at 40 CFR 1501.7 and 1508.22. This 
document furthers the scoping process by announcing scoping meetings. 
In addition to the meetings, NMFS is accepting written comments on the 
range of actions, alternatives, and impacts it should consider in the 
EIS. These comments will be part of the public record. In rendering a 
decision on whether or not an incidental take permit should be issued, 
NMFS will consider fully the application and its associated 
conservation plan as well as the alternatives considered.

Issues Associated with Permit Application

    A number of issues associated with the State of Hawaii permit 
application have been identified. These issues include: (1) number of 
sea turtle and monk seal hookings, entanglements and injuries/ 
mortalities expected to result from the fisheries; (2) effects of those 
hookings, entanglements and injury/mortality levels on sea turtle and 
monk seal populations; (3) the cumulative effect on sea turtle and monk 
seal populations resulting from fishing and other activities; (4) how 
each of the five sea turtle populations and the monk seal population 
would be affected if the fishing activities would cease; (5) the 
economic and social impacts of changes

[[Page 55025]]

in state inshore fishery management; (6) the likelihood that take 
minimization techniques would be adopted by the fishing community; and 
(7) the need for and means of compliance with the Marine Mammal 
Protection Act. NMFS solicits and invites public comment on these as 
well as other relevant issues.

Additional Information Available

    The 2002 Application for an Incidental Take Permit, as amended, is 
available from the NMFS Office of Protected Resources, Permits 
Division, 1315 East West Highway, Silver Spring, MD 20910. The 
Responsible Program Manager for this EIS is Ms. Laurie Allen, Acting 
Director, Office of Protected Resources, NMFS, 1315 East West Highway, 
Silver Spring, MD 20910, phone: (301) 713-2332.

Scoping Meetings Dates and Locations

    All meetings will be held 7 p.m. to 9 p.m., local time.
    1. October 27, 2003: Honolulu, Oahu, HI at Washington Intermediate 
School, 1633 S. King St., Honolulu, HI.
    2. October 28, 2003: Hilo, Island of Hawaii, HI at Waiakea High 
School, 155 W. Kawili St., Hilo, HI.
    3. October 29, 2003: Kailua-Kona, Island of Hawaii, HI at Kealakehe 
High School, 74-5000 Puohulihuli St., Kailua-Kona, HI.
    4. October 30, 2003: Lihue, Kauai, HI at Wilcox Elementary School, 
4319 Hardy St., Lihue, HI.
    5. November 3, 2003: Kahului, Maui, HI at Maui Waena Intermediate 
School, 795 Onehee St., Kahului, HI.
    6. November 4, 2003: Lanai City, Lanai, HI at Lanai High School, 
555 Fraser Ave., Lanai City, HI.
    7. November 5, 2003: Hoolehua, Molokai, HI at Molokai High School, 
2140 Farrington Ave., Hoolehua, HI.
    8. November 6, 2003: Haleiwa, Oahu, HI at Haleiwa Intermediate 
School, 66-505 Haleiwa Rd., Haleiwa, HI.

Special Accommodations

    These meetings are accessible to people with disabilities. Requests 
for sign language interpretation or other auxiliary aids should be 
directed to Sarah Malloy, telephone 808-973-2937, fax 808-973-2941 at 
least five days before the scheduled meeting date.

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

    Dated: September 15, 2003.
Laurie K. Allen,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 03-23994 Filed 9-18-03; 12:01 pm]
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