[Federal Register Volume 61, Number 152 (Tuesday, August 6, 1996)]
[Notices]
[Pages 40819-40821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20026]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 020696C]
Atlantic Large Whale Take Reduction Team Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of establishment of a Large Whale Take Reduction Team.
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SUMMARY: The following individuals have been invited to participate on
a Take Reduction Team (TRT) to address bycatch of large baleen whales,
specifically the northern right whale (Eubalaena glacialis) and the
humpback whale (Megaptera novaeangliae) in the following fisheries: The
Gulf of Maine/U.S. mid-Atlantic lobster trap/pot fishery, the mid-
Atlantic coastal gillnet fishery, the southeastern U.S. Atlantic shark
gillnet fishery, and the Gulf of Maine sink-gillnet fishery. These
large whale marine mammal stocks are considered strategic under the
Marine Mammal Protection Act (MMPA) because they are listed as an
endangered species under the Endangered Species Act (ESA), and because
the level of human-caused mortality is greater than their Potential
Biological Removal (PBR) levels.
FOR FURTHER INFORMATION CONTACT: Dr. Kathy Wang, Southeast Regional
Office, NMFS, (813) 570-5312, or Dr. Sal Testaverde, Northeast Regional
Office, NMFS, (508) 281-9254, or Michael Payne, Office of Protected
Resources, NMFS, (301) 713-2322.
[[Page 40820]]
SUPPLEMENTARY INFORMATION: On April 30, 1994, the 1994 Amendments to
the MMPA were signed into law. Section 117 of the MMPA requires that
NMFS complete stock assessment reports for all marine mammal stocks
within U.S. waters. Each stock assessment report is required to
categorize the status of the stock as one that either has a level of
human-caused mortality and serious injury that is not likely to cause
the stock to be reduced below its optimum sustainable population; or is
a strategic stock, with a description of the reasons therefore; and
estimate the PBR level for the stock, describing the information used
to calculate it, including the recovery factor. Stock Assessment
Reports and the calculated PBR were published by NMFS in July 1995.
The MMPA defines a ``strategic stock'' as a marine mammal stock for
which the level of direct human-caused mortality exceeds the PBR level;
which, based on the best available scientific information, is declining
and is likely to be listed as a threatened species under the Endangered
Species Act of 1973 (ESA) within the foreseeable future; which is
listed as a threatened species or endangered species under the ESA, or
is designated as depleted under the MMPA. The MMPA further defines the
term ``potential biological removal,'' or PBR, as ``the maximum number
of animals, not including natural mortalities, that may be removed from
a marine mammal stock while allowing that stock to reach or maintain
its optimum sustainable population.''
Description of Fisheries to be Reviewed by Large Whale TRT
Gulf of Maine, U.S. mid-Atlantic lobster trap/pot fishery: Based on
a review of 1990-1994 large whale entanglement reports received by the
agency and new information received about the prosecution of the
lobster fishery, the inshore and offshore fisheries were proposed to be
combined into a single fishery, the Gulf of Maine/U.S. mid-Atlantic
lobster trap/pot fishery, and proposed to be placed in Category I in
the 1997 List of Fisheries (LOF) (see 61 FR 37035, July 16, 1996).
Serious injuries and/or mortalities to large whales are known to occur
in this fishery. An examination of large whale entanglement records
were reviewed at 61 FR 37035, July 16, 1996. Based on this analysis the
annual serious injury and mortality across all fisheries for humpback
and northern right whale stocks interacting with this fishery exceeded
10 percent of the PBR for both of these species. The single record of a
serious injury and/or mortality of a northern right whale, and 11
records of serious injury and/or mortality of humpback whales, were
reported for this fishery from 1990-1994.
These records represent a minimum serious injury and/or mortality
rate (from a 5-year average) of 0.2 per year for northern right whales,
and 2.2 per year for humpback whales. This rate is greater than 1
percent but less than 50 percent of the PBR for humpback whales, which
would have resulted in a proposed reclassification of this fishery to a
Category II fishery under the MMPA. However, the rate is equal to 50
percent of the PBR for northern right whales; therefore this fishery
was proposed to be placed in Category I in the 1997 LOF.
In addition to the one right whale entanglement used in the above
analysis, the agency has received several reports of right whale
entanglements prior to 1990 and after 1994 which are or may be
attributable to the lobster fishery.
U.S. mid-Atlantic coastal gillnet fishery: Between 1989 and 1992,
31 humpback whales stranded from New Jersey through Virginia (Wiley et.
al, 1995). Most of these strandings occurred between the Chesapeake Bay
and Cape Hatteras, North Carolina. Strandings increased from February
through April, and 25 percent had scars consistent with net
entanglement. Between 1990 and 1996, 10 humpbacks stranded in Virginia;
three animals had rope abrasion injuries consistent with entanglement
in gillnets.
This fishery includes, but is not limited to, Atlantic croaker,
Atlantic mackerel, Atlantic sturgeon, black drum, bluefish, herring,
menhaden, scup, shad, striped bass, sturgeon, weakfish, white perch,
yellow perch, dogfish, and monkfish (see 61 FR 37035, July 16, 1996).
NMFS proposed that the geographic definition for the mid-Atlantic
coastal gillnet fishery to be bounded on the east by the 72 deg.30' W.
long. line, running south from the southern Long Island shoreline, and
on the south by a line drawn from the North Carolina-South Carolina
border east to the 72 deg.30' line (61 FR 37035, July 16, 1996).
New England multispecies sink-gillnet fishery: Strategic marine
mammal species/stocks seriously injured/killed in this fishery (fishery
defined in the New England Multispecies fisheries Management Plan)
include several humpback whales and a northern right whale (see 60 FR
67063, December 28, 1995).
The geographic definition for the southern boundary of the
Northeast Multispecies sink gillnet fishery has been proposed to be
changed from 71 deg.40' W. long. to 72 deg.30' W. long. (61 FR 37035,
July 16, 1996).
Southeastern U.S. Atlantic shark gillnet fishery: A right whale
calf was observed in February, 1994, about ten miles off of
Jacksonville, Florida, with cuts nearly severing each fluke from the
leading edge, back. Additional injuries across the blowhole and head
area were similar to injuries observed on right whales entangled in
gillnet gear in New England. Researchers believe that the calf was
entangled in gillnet gear, and then hauled back into the fishing
vessel's props as the gear was being retrieved. Trent and Parshley's
1995 description of net retrieval in the shark gillnet fishery over the
stern of gillnet vessels is consistent with this theory. The gillnets
are set and retrieved at night, they are set in an east-west direction
crossing whale pathways, and the vessels are large enough to tow a
small calf. Given these data, and the precarious status of the northern
right whale, this fishery will be reviewed by this TRT.
List of invited participants: Section 118(f) of the MMPA requires
NMFS to establish a TRT to prepare a draft Take Reduction Plan (TRP)
designed to assist in the recovery or prevent the depletion of each
strategic marine mammal stock that interacts with certain fisheries.
Section 118(f)(6)(C) requires that members of the TRTs have expertise
regarding the conservation or biology of the marine mammal species that
the TRP will address, or the fishing practices that result in the
incidental mortality and serious injury of such species. The MMPA
further specifies that members of the TRT shall include representatives
of Federal agencies, each coastal state with fisheries that interact
with the species or stock, appropriate regional fishery management
councils, interstate fisheries commissions, academic and scientific
organizations, environmental groups, all commercial and recreational
fisheries groups and gear types which incidentally take the species or
stock, Alaska Native organizations, or Indian tribal organizations, and
others as deemed appropriate.
As a result of stock assessment reports developed under section 117
of the MMPA, and an extended interview process conducted by a NMFS-
contracted facilitator, NMFS has asked the following individuals to be
a member of the TRT, which will focus on reducing bycatch of northern
right whales and humpback whales taken as bycatch in the Gulf of Maine/
U.S. mid-Atlantic lobster trap/pot fishery, the mid-Atlantic coastal
gillnet fishery, the southeastern U.S. Atlantic shark gillnet
[[Page 40821]]
fishery, and the Gulf of Maine sink-gillnet fishery:
Kathy Wang, NMFS, SER; Sal Testaverde, NMFS, NER; Michael Payne,
NMFS, Office of Protected Resources; Bill Brooks, Florida Department of
Environmental Protection; Philip Coates, Massachusetts Division of
Marine Fisheries; Chris Finlayson, Maine Department of Marine
Resources; Mike Harris, Georgia Department of Natural Resources;
William (Pete) Jensen, Maryland Department of Natural Resources; Jack
Travelstead, Virginia Marine Resources Commission; Mike Street, North
Carolina Division of Marine Fisheries; Jeff Goodyear, University of
British Columbia; Robert Kenney, University of Rhode Island; Scott
Kraus, New England Aquarium; David Laist, Marine Mammal Commission;
David Mattila and Charles Mayo, Center for Coastal Studies; Mark
Swingle, Virginia Marine Science Museum; Chris Croft, Environmental
Solutions International; Ellie Dorsey, Conservation Law Foundation;
Hans Neuhauser, Georgia Land Trust Service Center; David Wiley,
International Wildlife Coalition; Nina Young, Center for Marine
Conservation; Sharon Young, The Humane Society of the U.S.; Patricia
Fiorelli, New England Fishery Management Council; Tom Hoff, Mid-
Atlantic Fishery Management Council; Bill Adler, Massachusetts
Lobstermen's Association; Dick Allen, Atlantic Offshore Fishermen's
Association; Ron Hauck, southeast gillnet representative; Mike Baker,
Southeast Shark Gillnet Association; Chris Hickman, mid-Atlantic
coastal gillnet representative; Bill Foster, mid-Atlantic coastal
gillnet representative; Bob MacKinnon, Massachusett's Netters
Association; John Our, Jr., Cape Cod Gillnetters Association; Terry
Stockwell, Maine Gillnetters Association; and Pat White, Maine
Lobstermen's Association.
Other individuals from NMFS, state and Federal agencies, and the
Department of Fisheries and Oceans-Canada, may be present as observers,
or for their scientific expertise. The TRT will be facilitated by Abby
Dilley, The Keystone Center, Washington, D.C. This Take Reduction Team
will hold its first meeting to develop a TRP as described in the MMPA
focusing on reducing bycatch in these fisheries in September in Boston,
Massachusetts. The date, time and location of this meeting will be
announced in a subsequent notice published in the Federal Register and
each person invited to participate will be notified by the facilitator
by letter.
NMFS fully intends to convene a TRT process in a way that provides
for national consistency yet accommodates the unique regional needs and
characteristics of any one team. TRTs are not subject to the Federal
Advisory Committee Act (5 App. U.S.C.). Meetings are open to the
public.
References
Wiley, D. N., R. A. Asmutis, T. D. Pitchford and D. R. Gammon.
1994. Stranding and mortality of humpback whales (Megaptera
novaeangliae) in the mid-Atlantic and southeast United States, 1985-
1992. Fishery Bulletin 93: 196-205.
Trent, L. and D.Parshley. 1995. The shark drift gillnet fishery off
the east coasts of Florida and Georgia, 1993-1995. Draft report
prepared for Marine Fisheries Review.
Authority: 16 U.S.C. 1387
Dated: August 1, 1996.
Rennie S. Holt,
Acting Director, Office of Protected Resources.
[FR Doc. 96-20026 Filed 8-1-96; 3:37 pm]
BILLING CODE 3510-22-F