[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Rules and Regulations]
[Page 18143-18145]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap03-21]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 030407078-3078-01; I.D. 040103A]
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: Temporary rule.
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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 1,810 square nautical miles (nm\2\) (3,354
km\2\), east and southeast of Cape Cod, MA for 15 days and anchored
gillnet fishermen are asked to remove their gear voluntarily from the
Sliver Area of the Great South Channel Critical Habitat. 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 April 10, 2003, through 2400
hours April 25, 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,
[[Page 18144]]
NMFS, Office of Protected Resources, 301-713-2322.
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 four species of whales (right, fin, humpback, and
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 within that
area 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 March 23, 2003, NMFS Aerial Survey Team reported a sighting of
42 right whales in the proximity of 41[deg] 41' N lat. and 69[deg] 48'
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) West zone, Cape Cod Bay
Critical Habitat, and Great South Channel Critical Habitat overlap the
DAM zone, these areas are excluded from the DAM zone. Thus, the DAM
zone triggered on March 23, 2003, is divided into two sections: the
Northeastern DAM and the Southern DAM.
NMFS has reviewed the factors and management options noted above
relative to the DAM zone 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. NMFS requests
voluntary restrictions within the DAM zone and Sliver Area because of
the minimal amount of fishing gear in these waters during this time of
year, and based on what we know about right whale migration, the
animals should be moving into other protected areas such as the SAM
zone and the Great South Channel Critical Habitat.
The DAM zone is bound by the following coordinates:
Northeastern DAM zone
41[deg]14'N, 69[deg]24'W (NW Corner)
41[deg]48.5'N, 69[deg]24'W
41[deg]56.5'N, 69[deg]04'W
41[deg]14'N, 69[deg]04'W
Southern DAM zone
41[deg]33'N, 70[deg]32'W (NW Corner)
41[deg]24.5'N, 70[deg]32'W and east along the coast to
41[deg]21.5'N, 70[deg]32'W
41[deg]08'N, 70[deg]32'W
41[deg]08'N, 69[deg]13'W
41[deg]40'N, 69[deg]45'W
41[deg]45'N, 69[deg]33'W
41[deg]45'N, 69[deg]56'W and returning to
41[deg]33'N, 70[deg]32'W along the coast
In addition, NMFS is requesting the voluntary removal of all
gillnet gear from the Sliver Area of the Great South Channel Critical
Habitat during the 15-day restricted period and asks anchored gillnet
fishermen not to set any new gear in this area during the 15-day
restricted period. The Sliver Area is bound by the following
coordinates:
41[deg]02.2'N, 69[deg]02'W
41[deg]43.5'N, 69[deg]36.3'W
41[deg]40'N, 69[deg]45'W
41[deg]00'N, 69[deg]05'W
The voluntary restrictions 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 for Fisheries (AA) 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
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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).
Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3).
Dated: April 9, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 03-9222 Filed 4-10-03; 3:34 pm]
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