[Federal Register: October 17, 2005 (Volume 70, Number 199)]
[Notices]
[Page 60285-60287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17oc05-31]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 101105C]
Notice of Intent to Prepare an Environmental Impact Statement on
Issuance of Permits for Research on Northern Right Whales in the
Atlantic and Pacific Oceans
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic
andAtmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare environmental impact statement.
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SUMMARY: The National Marine Fisheries Service (NMFS) announces its
intent to prepare an Environmental Impact Statement (EIS) to analyze
the environmental impacts of issuing permits facilitating research on
endangered northern right whales.
Publication of this notice begins the official scoping process that
will help identify alternatives and determine the scope of
environmental issues to be addressed in the EIS. This notice requests
public participation in the scoping process and provides information on
how to participate.
ADDRESSES: See SUPPLEMENTARY INFORMATION for specific dates, times, and
locations of public scoping meetings for this issue.
FOR FURTHER INFORMATION CONTACT:
Written statements and questions regarding the scoping process must
be postmarked by January 31, 2006, and should be mailed to: Steve
Leathery, Chief, Permits, Conservation and Education Division, Office
of Protected Resources, National Marine Fisheries Service, 1315 East-
West Highway, Room 13705, Silver Spring, MD 20910-3226, Fax: 301-427-
2582 or e-mail at rweis.comments@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS proposes to continue to issue permits
to various individuals and institutions for conduct of research on
northern right whales, Eubalaena glacialis, in the Atlantic and Pacific
Oceans. Note that the International Whaling Commission recognizes two
species of northern right whale: E. glacialis in the North Atlantic and
E. japonica in the North Pacific. NMFS is currently conducting a status
review to determine whether to list the population of northern right
whales in the Pacific as a separate species (E. japonica) from the
population in the Atlantic (E. glacialis). Permits would be issued
pursuant to the provisions of section 104 of the Marine Mammal
Protection Act (MMPA; 16 U.S.C. 1361 et seq.) and section 10(a)(1)(A)
of the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), and NMFS
regulations implementing these statutes.
NMFS is the Federal agency responsible under the MMPA and ESA for
management of right whales. NMFS issues permits to qualified
individuals and institutions so they can conduct research activities
likely to result in collection of information needed by NMFS to
conserve and recover northern right whales. NMFS has issued permits for
research on right whales for several decades.
The purpose of issuing permits is to allow an exemption to the
prohibition on ``takes'' established under the ESA and MMPA. The ESA
and the MMPA prohibit ``takes'' of threatened and endangered species,
and of marine mammals, respectively. The ESA defines ``take'' as ``to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct.'' Under the MMPA,
``take'' is defined as to ``harass, hunt, capture, collect or kill, or
attempt to harass, hunt, capture, collect or kill any marine mammal.''
The MMPA further defines harassment as ``any act of pursuit, torment,
or annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing a disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering but which does not have the potential to injure a marine
mammal or marine mammal stock in the wild [Level B harassment].''
In addition to the general prohibitions of the MMPA and ESA,
federal regulations (50 CFR 224.103) prohibit both boats and aircraft
from approaching any right whale in the North Atlantic closer than 500
yards, except by permit. Many research activities, including aerial and
vessel-based surveys, photo-identification, attachment of scientific
instruments, and collection of tissue samples (remote biopsy sampling),
require approaching right whales closer than this and may result in
harassment or other acts otherwise prohibited under the MMPA and ESA.
While the status of the right whale population has remained
critical, the interest in research that will identify or resolve
conservation problems for the species has grown. The level of research
effort relative to the population size has increased and researchers
are
[[Page 60286]]
developing ever more innovative techniques to study right whales. In
addition, Congress continues to appropriate funds to facilitate
research on right whales, which in turn drives requests for research
permits. Thus, NMFS has decided to prepare an EIS to evaluate the
cumulative impacts of research on right whales and to assess the likely
environmental effects of issuing permits under a range of alternatives
characterized by different research methods, mitigation measures, and
level of effort, including a range of sample sizes and temporal and
geographic scopes of research.
The Proposed Action Alternative would result in issuance of permits
to qualified individuals and institutions to conduct those research
activities determined critical or essential to NMFS' conservation and
recovery of right whales. To minimize the cumulative impacts of
research on right whales, no permits would be issued for lower priority
research activities until the highest priority tasks were completed or
unless there was sufficient information to determine that the
cumulative impacts of allowing additional takes for research would not
disadvantage or jeopardize the continued existence of the species. The
Proposed Action could thus be viewed as a minimum take alternative,
allowing the least amount of research practicable to meet NMFS' needs
for recovery of the species.
In addition to the Proposed Action, NMFS will consider other
alternatives for issuing permits for research on right whales. One
alternative to the Proposed Action is to issue all permits requested
regardless of their relative potential contribution to recovery of the
species, provided they meet all permit issuance criteria and would not
jeopardize the continued existence of the species. In contrast to the
Proposed Action, this could be viewed as the maximum allowable take
alternative.
Another alternative to the Proposed Action is the No Action
Alternative, which CEQ regulations require be included for
consideration. The No Action Alternative would only allow conduct of
that research on right whales already allowed under existing permits,
which are valid through 2010. No new permits would be issued to replace
the expiring permits, nor would existing permits be amended to allow
modifications in research activities, sample sizes, or objectives.
A fourth alternative considered is the Status Quo. As with the No
Action Alternative, the Status Quo Alternative would allow conduct of
research on right whales already identified under existing permits, and
no permits would be amended to change research activities, sample
sizes, or objectives. However, under the Status Quo Alternative, new
permits would be issued to replace existing permits as they expire such
that the current level of research and types of research activities
would continue. Since the Status Quo would not allow issuance of
permits for any research activities, objectives, or sample sizes not
currently permitted, it would preclude adaptive changes in the research
program that may be responsive to changes in the population status or
threats to the recovery of the population.
The Status Quo and two other alternatives considered by NMFS may be
eliminated from detailed study because they would not allow conduct of
research identified by NMFS as necessary for conservation of the
species. The other two alternatives that may be eliminated from further
study are: (1) imposing a research permit moratorium (i.e., suspending
or revoking existing permits and not issuing new ones) and (2)
suspending all intrusive research activities (i.e., stopping biopsy
sampling, instrument attachment, and other activities that could result
in physical injury). In addition to preventing collection of
information about right whales needed for NMFS conservation and
recovery efforts for the species, a research permit moratorium would
seriously hinder conduct of the aerial surveys vital to operation of
networks established to minimize shipstrikes with right whales.
Suspending permits for intrusive research would impede collection of
information on right whale habitat use and population structure which
is needed for NMFS conservation and recovery efforts for the species.
Major environmental issues that will be addressed in the EIS
include: NMFS' information needs for conservation of the species; the
types of research activities to be permitted, including temporal and
geographic extent of activities, level of effort (sample sizes and
frequency of sampling), and standardized protocols; mitigation
measures; and the cumulative impacts of research activities on right
whales and the environment. To be consistent with the purposes and
policies of the MMPA and ESA and with NMFS' implementing regulations,
research permitted under any alternative should contribute to
fulfilling a research need or objective identified in the Right Whale
Recovery Plan; understanding the basic biology or ecology of marine
mammals; or identifying, evaluating, or resolving conservation problems
for the species. NMFS is therefore seeking public comments especially
in the following five areas related to permits for research on right
whales:
(1) Types of research. For example, are there critical research
needs for this species other than those identified in the Recovery
Plan? If so, what are they and how are they likely to benefit the
species? Of the research, information, and monitoring needs identified
in the Recovery Plan, what are the most appropriate methods to conduct
the study or obtain the information?
(2) Level of research effort. For example, how much of a specific
research activity (e.g., aerial survey, tagging, biopsy sampling, etc.)
is enough for management and conservation needs? Can there be too much?
If so, how should NMFS set limits? Should there be different standards
or more restrictions placed on research conducted on certain age, sex,
or reproductive classes or life-history stages? If so, what are those
classes/stages and what should those limitations be?
(3) Coordination of research. For example, assuming permits are
issued to multiple individuals, what are the most appropriate
mechanisms for ensuring research is coordinated to maximize information
and reduce adverse impacts? Alternatively, should NMFS consider
limiting the number of permits to increase coordination and
cooperation? If so, how should this be accomplished? Should researchers
operating under different permits (but studying the same or related
questions - such as aerial survey for population census or biopsy for
population genetics) be required to use the same or similar methods to
ensure the information collected is comparable and useful in NMFS
conservation of the species? If so, what methods are most appropriate
(for aerial surveys; vessel surveys; photo-identification; biopsy for
genetic analyses, contaminants analyses; etc.)? If not, how should NMFS
compare or use the data from various permit holders in its management
decisions?
(4) Qualifications of researchers. For example, to ensure the study
is conducted successfully and with the minimum of adverse impacts, how
much prior experience should a permit applicant, principal
investigator, or anyone else operating under a permit, have with the
specific methods for which they seek a permit?
(5) Effects of research. NMFS will be assessing possible effects of
the various research methods using all appropriate available
information. Anyone having relevant information they believe NMFS
should consider in its analysis should
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provide a complete citation or reference for retrieving the
information. In addition, NMFS is seeking recommendations for study
designs that could detect or predict the effects of research on right
whales.
For additional information about right whales, the permit process,
and related information, please visit our website at http://www.nmfs.noaa.gov/pr/rightwhale/
.
Scoping Meetings Agenda
Public scoping meetings will be held at the following dates, times,
and locations:
1. Thursday, November 3, 2005, 3 - 6 p.m., New Bedford Whaling
Museum, Auditorium, 18 Johnny Cake Hill, New Bedford, MA;
2. Saturday, December 10, 2005, 6:30 - 9:30 p.m., Manchester Grand
Hyatt, Elizabeth A Room, One Market Place, San Diego, CA; and
3. Thursday, January 19, 2006, 1 - 4 p.m., Silver Spring Metro
Center, Building 4, Science Center, 1301 East-West Highway, Silver
Spring, MD.
Comments will be accepted at these meetings as well as during the
scoping period, and can be mailed to NMFS by January 31, 2006 (see FOR
FURTHER INFORMATION CONTACT).
We will consider all comments received during the comment period.
All hardcopy submissions must be unbound, on paper no larger than 8\1/
2\ by 11 inches (216 by 279 mm), and suitable for copying and
electronic scanning. We request that you include in your comments:
(1) Your name and address;
(2) Whether or not you would like to receive a copy of the Draft
EIS; and
(3) Any background documents to support your comments as you feel
necessary.
Special Accommodations
These meetings are accessible to people with disabilities. Requests
for sign language interpretation or other auxiliary aids should be
directed to Carrie Hubard or Tammy Adams, 301-713-2289 (voice) or 301-
427-2582 (fax), at least 5 days before the scheduled meeting date.
Dated: October 12, 2005.
Patrick Opay,
Acting Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 05-20715 Filed 10-14-05; 8:45 am]
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