[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Notices]
[Pages 44536-44538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BC90


Marine Mammals; Notice of Availability of a Draft Environmental 
Impact Statement To Amend the Atlantic Large Whale Take Reduction Plan

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

ACTION: Notice of Availability of a Draft Environmental Impact 
Statement; notice of public hearing meetings; request for comments.

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SUMMARY: NMFS proposes to amend the regulations implementing the 
Atlantic Large Whale Take Reduction Plan (Plan). The proposed rule 
revises the management measures for reducing the incidental mortality 
and serious injury to the North Atlantic right whale (Eubalaena 
glacialis), humpback whale (Megaptera novaeangliae), and fin whale 
(Balaenoptera physalus) in commercial trap/pot and gillnet fisheries to 
meet the goals of the Marine Mammal Protection Act (MMPA) and the 
Endangered Species Act (ESA). A Draft Environmental Impact Statement 
(DEIS) was prepared in accordance with the National Environmental 
Policy Act (NEPA), to analyze impacts to the environment of the 
management alternatives under consideration. NMFS will hold 16 public 
hearings along the East coast in August and September for the purpose 
of answering questions and receiving public testimony on the DEIS.

DATES: The public hearings will be held in August and September. For 
specific dates, times, and locations see SUPPLEMENTARY INFORMATION 
section. The public comment period is from July 12, 2013, to September 
13, 2013.

ADDRESSES: You may submit comments on this document, identified by 
130201095-3095-01, by any of the following methods:

[[Page 44537]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0095 click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Mary Colligan, Assistant 
Regional Administrator for Protected Resources, NMFS Northeast Region, 
55 Great Republic Dr., Gloucester, MA 01930, Attn: Large Whale Proposed 
Rule.
     Fax: 978-281-9394 Attn: Large Whale Proposed Rule
     In-Person: Attend a public hearing. See SUPPLEMENTARY 
INFORMATION section for locations, dates, and times.

FOR FURTHER INFORMATION CONTACT: Kate Swails, NMFS, Northeast Region, 
978-282-8481, [email protected]; Kristy Long, NMFS Office of 
Protected Resources, 301-427-8440, [email protected]; or Barb 
Zoodsma, NMFS Southeast Region, 904-321-2806, [email protected].

SUPPLEMENTARY INFORMATION:

 Background

    Large whale entanglements resulting in serious injuries and 
mortalities are still occurring; therefore, NMFS believes modifications 
to the Plan are needed to meet the goals of the Marine Mammal 
Protection Act (MMPA). Under the MMPA, NMFS is required to reduce the 
incidental mortality and serious injury to three strategic large whale 
stocks--the Western Stock of the North Atlantic right whales (Eubalaena 
glacialis), the Gulf of Maine stock of humpback whales (Megaptera 
novaeangliea), and the Western North Atlantic stock of fin whales 
(Balaenoptera physalus)--incidentally taken in commercial fisheries to 
below the Potential Biological Removal (PBR) level for each stock.

Atlantic Large Whale Take Reduction Team (Team)

    At its 2009 meeting, the Team agreed on a schedule to develop a 
management approach to reduce the risk of serious injury and mortality 
due to vertical line. As a result of this schedule NMFS committed to 
publishing a final rule to address vertical line entanglement by 2014. 
The approach for the vertical line rule will focus on reducing the risk 
of vertical line entanglements in high impact areas versus a wide-broad 
scale management scheme. Using fishing gear survey data and whale 
sightings per unit effort (SPUE), a model was developed to determine 
the co-occurrence of fishing gear density and whale density.
    The Team's Northeast Subgroup met in November 2010 and the Mid-
Atlantic/Southeast Subgroup met in April 2011 to review the model and 
consider its implications for an overall management strategy to address 
vertical line entanglements.
    The Team agreed NMFS should use the model 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.
    To solicit additional stakeholder involvement, on June 14, 2011, 
NMFS published a Notice of Intent in the Federal Register (76 FR 34654) 
to announce the agency's intent to prepare an Environmental Impact 
Statement that would analyze the impacts of alternatives for amending 
the Plan. In July and August 2011, NMFS held 15 scoping meetings to 
solicit feedback on the vertical line risk reduction strategy. The 
information provided at the scoping meetings was also reviewed at a 
full Team meeting in January 2012. Team members further refined their 
vertical line risk reduction proposals and the team met via 
teleconference in February 2012 to review the final proposals 
submitted. The Team reviewed five proposals: three from state agencies, 
one from the scientist/academic community, and one from the 
conservation community. Results of the proposals were presented via 
teleconference in April 2012. Each vertical line risk reduction 
proposal was analyzed to assess its impact on both the number of 
vertical lines and co-occurrence scores relative to the baseline in the 
Northeast and coastwide.
    NMFS designed the proposed alternatives in the DEIS based on 
comments received during public scoping and using many of the measures 
submitted by the team in their stakeholder proposals. The alternatives 
include measures requiring increased traps per trawl, the use of weaker 
weak links and/or vertical lines of lower breaking strength, and 
potential time-area closures.
    Several of the background documents for the Plan and the take 
reduction planning process can be downloaded from the Plan Web site at 
http://www.nero.noaa.gov/whaletrp/. Copies of the DEIS/Regulatory 
Impact Review for this action can also be obtained online. NMFS has 
scheduled public hearings on the DEIS. The purpose of the hearings is 
to provide the public the opportunity to ask questions and provide 
comments on the upcoming action.

Hearing Dates, Times, and Locations

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

1. Monday, August 5, 2013--Machias, ME 6-9 p.m.

University of Maine at Machias (Science Building), 116 O'Brien Avenue, 
Machias, ME 04654

2. Tuesday, August 6, 2013--Ellsworth, ME 6-9 p.m.

Ellsworth Public Library, 20 State Street, Ellsworth, Maine 04605

3. Wednesday, August 7, 2013--Rockland, ME 6-9 p.m.

Oceanside East High School (Auditorium), 400 Broadway, Rockland, ME 
04841

4. Thursday, August 8, 2013--Portland, ME 6-9 p.m.

Portland City Hall (State of Maine Room), 389 Congress St., Portland, 
ME 04101

5. Tuesday, August 13, 2013--Chatham, MA 6-9 p.m.

Chatham Community Center (Large Meeting Room), 702 Main St., Chatham, 
MA 02633

6. Wednesday August 14, 2013--Plymouth, MA 6-9 p.m.

Plymouth Public Library, 132 South St., Plymouth, MA 02360

7. Thursday, August 15, 2013--Narrangansett, RI 6-9 p.m.

URI Campus, Coastal Institute Building (large conference room), 215 
South Ferry Road, Narrangansett, RI 02882

8. Monday August 19, 2013--Gloucester, MA 6-9 p.m.

NOAA Northeast Regional Office (Hearing Room A&B), 55 Great Republic 
Dr., Gloucester, MA 01930

9. Tuesday, August 20, 2013--Portsmouth, NH 5-8 p.m.

Urban Forestry Center 27, Elwyn Road, Portsmouth, NH 03801

10. Monday, August 26, 2013--Wilmington, NC 5:30-7:30 p.m.

New Hanover County Public Library-Main Library (Masonboro Rm), 201 
Chestnut St., Wilmington, NC 28401

11. Tuesday, August 27, 2013--Virginia Beach, VA 6-9 p.m.

Meyera E. Obendorf Central Library (Auditorium), 4100 Virginia Beach 
Blvd., Virginia Beach, VA 23452

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12. Wednesday, August 28, 2013--Manahawkin, NJ 6-9 p.m.

Stafford Township (Court room), 260 E. Bay Ave., Manahawkin, NJ 08050

13. Monday September 9, 2013--Ormond Beach, FL 4:30-6:30 p.m.

Ormond Beach Public Library, 30 S. Beach St., Ormond Beach, FL 32174

14. Tuesday September 10, 2013--Jacksonville, FL 5-7 p.m.

Jacksonville Port Authority (Board Room), 2831 Talleyrand Avenue, 
Jacksonville, FL 32206

15. Wednesday September 11, 2013--Brunswick, GA 5-7 p.m.

Georgia Department of Natural Resources (Classroom), 1 Conservation 
Way, Brunswick, GA 31520

16. Thursday September 12, 2013--Charleston, SC 5-7 p.m.

South Carolina Department of Natural Resources, Marine Resources 
Research Institute (Auditorium), 217 Ft. Johnson Rd., Charleston, SC 
29412

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Request for sign language interpretation or other 
auxiliary aids should be directed to Kate Swails (978) 282-8481 at 
least 7 working days prior to the hearing date.

    Authority:  16 U.S.C. 1361 et seq.

    Dated: July 18, 2013.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-17737 Filed 7-23-13; 8:45 am]
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