[Federal Register: July 31, 2003 (Volume 68, Number 147)]
[Notices]
[Page 44925-44926]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy03-36]
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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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