[Federal Register: June 4, 2003 (Volume 68, Number 107)]
[Notices]
[Page 33474-33476]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn03-61]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 052303E]
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: Notice.
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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 925 square nautical miles (nm2) (1,714 km2),
northeast of Cape Cod, MA, for 15 days. 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 May 29, 2003, through 2400
hours June 13, 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
[[Page 33475]]
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, NMFS, Office of Protected
Resources, 301-713-1401.
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 nm2 (139 km2)) such that right whale density is equal to or
greater than 0.04 right whales per nm2 (1.85 km2). 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 May 18, 2003, NMFS Aerial Survey Team reported a sighting of 3
right whales in the proximity of 42[deg] 13' N latitude and 69[deg] 37'
W longitude. This position lies northeast of Cape Cod, MA, in an area
called Wilkinson Basin. 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) East zone overlaps a
portion of the DAM zone, this area is excluded the DAM zone.
NMFS has reviewed the factors and management options noted above
relative to the DAM 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. The DAM zone is bound by the
following coordinates:
42[deg]33'N, 69[deg]56'W (NW Corner)
42[deg]33'N, 69[deg]24'W
41[deg]55'N, 69[deg]24'W
41[deg]55'N, 69[deg]56'W
NMFS requests voluntary action within the DAM zone 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 East zone
and the Great South Channel Critical Habitat. The request for removal
of gear and no setting of additional gear will be in effect beginning
at 0001 hours May 29, 2003, through 2400 hours June 13, 2003, unless
terminated sooner or extended by NMFS, through another notification in
the Federal Register.
The request for voluntary action 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 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).
The rule implementing the DAM program has been determined to be not
significant under Executive Order 12866.
Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3)
[[Page 33476]]
Dated: May 28, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 03-13913 Filed 5-29-03; 4:39 pm]
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