Notice of Intent to Conduct Public Scoping Meetings and Prepare an Environmental Impact Statement on the Activities of the National Marine Mammal Health and Stranding Response Program, 76777-76780 [E5-7990]
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
scope of this order. These include
stainless steel strip in coils used in the
production of textile cutting tools (e.g.,
carpet knives).5 This steel is similar to
American Iron and Steel Institute (AISI)
grade 420 but containing, by weight, 0.5
to 0.7 percent of molybdenum. The steel
also contains, by weight, carbon of
between 1.0 and 1.1 percent, sulfur of
0.020 percent or less, and includes
between 0.20 and 0.30 percent copper
and between 0.20 and 0.50 percent
cobalt. This steel is sold under
proprietary names such as ‘‘GIN4 Mo.’’6
The second excluded stainless steel
strip in coils is similar to AISI 420–J2
and contains, by weight, carbon of
between 0.62 and 0.70 percent, silicon
of between 0.20 and 0.50 percent,
manganese of between 0.45 and 0.80
percent, phosphorus of no more than
0.025 percent and sulfur of no more
than 0.020 percent. This steel has a
carbide density on average of 100
carbide particles per 100 square
microns. An example of this product is
‘‘GIN5’’7 steel. The third specialty steel
has a chemical composition similar to
AISI 420 F, with carbon of between 0.37
and 0.43 percent, molybdenum of
between 1.15 and 1.35 percent, but
lower manganese of between 0.20 and
0.80 percent, phosphorus of no more
than 0.025 percent, silicon of between
0.20 and 0.50 percent, and sulfur of no
more than 0.020 percent. This product
is supplied with a hardness of more
than Hv 500 guaranteed after customer
processing, and is supplied as, for
example, ‘‘GIN6.’’8
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Rescission of Review
The applicable regulation, 19 CFR
351.213(d)(1), states that if a party that
requested an administrative review
withdraws the request within 90 days of
the publication of the notice of the
initiation of the requested review, the
Secretary will rescind the review. It
further states that the Secretary may
extend this time limit if the Secretary
finds it reasonable to do so. As noted
above, three of the five petitioners that
requested this review timely withdrew
their request for review. On December 1,
2005, the Department informed counsel
to petitioners that the instant review
cannot be rescinded unless all five
petitioners withdraw their request. See
Memorandum to the File from Richard
O. Weible, Office Director, Regarding
5 This list of uses is illustrative and provided for
descriptive purposes only.
6 ‘‘GIN4 Mo’’ is the proprietary grade of Hitachi
Metals America, Ltd.
7‘‘GIN5’’ is the proprietary grade of Hitachi
Metals America, Ltd.
8 ‘‘GIN6’’ is the proprietary grade of Hitachi
Metals America, Ltd.
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‘‘Phone Conversation with David
Hartquist,’’ dated December 6, 2005. By
December 6, 2005, one week after the
90-day deadline, all five petitioners
(Allegheny Ludlum Corporation, North
American Stainless, United Auto
Workers Local 3303, Zanesville Armco
Independent Organization, Inc., and the
United Steelworkers), withdrew their
request for review.
The Department finds it reasonable to
extend the time limit by which a party
may withdraw its request for review in
the instant proceeding. The Department
has not yet devoted considerable time
and resources to this review, all five
petitioners have withdrawn their
request, and no other party requested
the review. Therefore, we are rescinding
this review of the antidumping duty
order on SSSS in coils from Italy
covering the period July 1, 2004,
through June 30, 2005. The Department
will issue appropriate assessment
instructions directly to U.S. Customs
and Border Protection within 15 days of
publication of this notice.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement could
result in the Secretary’s assumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
Notification of Administrative
Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the return on
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversation to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation that
is subject to sanction.
This notice is issued and published in
accordance with sections 751 and 777(i)
of the Act and 19 CFR 351.213(d)(4).
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Dated: December 21, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–7984 Filed 12–27–05; 8:45 am]
BILLING CODE 3510–05–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 120805B]
Notice of Intent to Conduct Public
Scoping Meetings and Prepare an
Environmental Impact Statement on
the Activities of the National Marine
Mammal Health and Stranding
Response Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent to prepare
environmental impact statement;
request for comments.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) announces its
intent to prepare an Environmental
Impact Statement (EIS) to analyze the
environmental impacts of the national
administration of the Marine Mammal
Health and Stranding Response Program
(MMHSRP).
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, provides information
on how to participate, and identifies a
set of preliminary alternatives to serve
as a starting point for discussions.
ADDRESSES: See SUPPLEMENTARY
INFORMATION for specific dates, times,
and locations of public scoping
meetings for this issue.
FOR FURTHER INFORMATION CONTACT: All
comments, written statements and
questions regarding the scoping process,
NEPA process, and preparation of the
EIS must be postmarked by February 28,
2006, and should be mailed to: P.
Michael Payne, Chief, Marine Mammal
and Sea Turtle Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Room 13635, Silver Spring,
MD 20910–3226, Fax: 301–427–2584
ATTN: MMHSRP EIS or e-mail at
mmhsrpeis.comments@noaa.gov with
the subject line MMHSRP EIS.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 248 / Wednesday, December 28, 2005 / Notices
Background
NMFS proposes to continue to
coordinate and operate the National
Marine Mammal Health and Stranding
Response Program (MMHSRP) for
response to stranded marine mammals
and research into questions related to
marine mammal health, including
causes and trends in marine mammal
health and the causes of strandings,
pursuant to Title IV of the Marine
Mammal Protection Act (MMPA; 16
U.S.C. 1421). Title IV of the MMPA
established the MMHSRP under NMFS.
The mandated goals and purposes for
the program are to: (1) facilitate the
collection and dissemination of
reference data on the health of marine
mammals and health trends of marine
mammal populations in the wild; (2)
correlate the health of marine mammals
and marine mammal populations, in the
wild, with available data on physical,
chemical, and biological environmental
parameters; and (3) coordinate effective
responses to unusual mortality events
by establishing a process in the
Department of Commerce in accordance
with section 404.
To meet the goals of the MMPA, the
MMHSRP carries out several important
activities, including the National Marine
Mammal Stranding Network, the John
H. Prescott Marine Mammal Rescue
Assistance Grant Program, the Marine
Mammal Disentanglement Program, the
Marine Mammal Unusual Mortality
Event and Emergency Response
Program, the Marine Mammal
Biomonitoring Program, the Marine
Mammal Tissue and Serum Bank
Program, the Marine Mammal
Analytical Quality Assurance Program,
the MMHSRP Information Management
Program, and the facilitation of several
regional health assessment programs on
wild marine mammals.
A marine mammal is defined as
‘‘stranded’’ under the MMPA if it is
dead and on the beach or shore or
floating in waters under US jurisdiction,
or alive and on the beach and unable to
return to the water, in need of medical
assistance, or out of its natural habitat
and unable to return to its natural
habitat without assistance. NMFS is
currently developing and plans to issue
national protocols that will help
standardize the stranding network
across the country while maintaining
regional flexibility. These protocols are
proposed to be issued in one
consolidated manual, titled Policies and
Best Practices for Marine Mammal
Stranding Response, Rehabilitation and
Release (Policies and Practices). This
document is currently released on an
interim basis, and will be available on
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our website after January 9, 2006, at:
https://www.nmfs.noaa.gov/pr/health/
for reference and review. The future
development of these policies may
involve issuance of regulations, but
none are currently proposed.
Individuals, groups and organizations
throughout the country have been
responding to stranded marine
mammals for decades. After the passage
of Title IV, NMFS codified the roles and
responsibilities of participant
organizations in the National Marine
Mammal Stranding Network through a
Letter of Agreement (LOA) or Stranding
Agreement (SA), issued under MMPA
section 112(c). By issuing SAs, NMFS
allows stranding network response
organizations, acting as ’agents’ of the
government, an exemption to the
prohibition on ‘‘takes’’ of marine
mammals established under the MMPA.
Federal, state and local government
officials already have an exemption to
the take prohibition under section
109(h) of the MMPA, which allows the
taking of marine mammals (not listed as
threatened or endangered) during the
course of official duties, provided such
taking is for the protection or welfare of
the mammal, for public health, or for
the nonlethal removal of nuisance
animals. SAs (as conceived) extend the
same exemption to organizations and
individuals that are outside of the
government.
Stranding Agreements are issued by
NMFS Regional Administrators, and in
the past a high level of variability has
occurred between regions. A
standardized national template for the
format of the SA has been developed,
including sections that may be
customized by each region in order to
maintain flexibility. This SA template
has been subject to public comment on
several occasions after publication on
NMFS’ public website and distribution
to interested parties (most recently on
Nov. 8, 2004). NMFS has also developed
a list of minimum criteria for
organizations wishing to obtain a SA
and participate in the stranding
network, and these have also been
distributed for public comment. These
criteria differ based on the level of
involvement of the participant (response
only; response and transport;
rehabilitation, etc.). Substantive
comments received on these documents
have been either incorporated or
responded to, if the authors chose not to
incorporate them. The LOA Template
and Minimum Eligibility Criteria are the
first two elements of the ‘‘Policies and
Practices’’ manual.
While the MMPA provides an
exception to the take prohibition for the
health and welfare of stranded marine
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mammals, no similar exemption is
contained in the Endangered Species
Act (ESA). Not all, but many, species of
marine mammals are listed as
threatened or endangered under the
ESA, and are therefore protected by both
laws. Therefore, the MMHSRP has
obtained a permit from the Permits,
Conservation and Education Division of
the NMFS Office of Protected Resources,
issued under the MMPA and section
10(a)(1)(A) of the ESA, to provide the
necessary exemption to the take
prohibition where the stranded animal
in question is listed under the ESA, or
when response to a stranded animal
would or could incidentally harass a
listed species. The permit covers
stranding and emergency response
activities, including for example,
disentanglement, hazing, close
approaches, and humane euthanasia.
Captures of wild (presumably healthy)
animals are also permitted to conduct
health assessment studies, where such
activities are part of an investigation
into a morbidity or mortality issue in
the wild population, but this is a rare
occurrence (not routine procedure).
Stranding network responders are listed
as co-investigators under this permit.
The permit also authorizes a variety of
research projects utilizing stranded
animals, tissue samples, and marine
mammal parts for investigations into
die-offs and other questions regarding
marine mammal health and stranding.
The current permit issued to the
MMHSRP will expire on June 30, 2007,
and a NEPA analysis of the activities
covered under the permit must be
completed prior to the issuance of a new
permit. This EIS will serve as the NEPA
analysis of these permitted activities.
Marine mammals that are undergoing
rehabilitation, and the facilities that are
conducting rehabilitation activities, are
not subject to inspection or review by
the Animal and Plant Health Inspection
Service (APHIS) under the United States
Department of Agriculture, provided
that they are not also a public display
facility (separate from their
rehabilitation activities) or a research
facility. These facilities are therefore not
subject to APHIS minimum
requirements for facilities, husbandry,
or veterinary standards. NMFS has
developed minimum standards for
marine mammal rehabilitation facilities
that will be required of all facilities
operating under a SA with NMFS, and
the interim rehabilitation facility
standards document is the third element
of the Policies and Practices manual.
Section 402 (a) of the MMPA charges
NMFS with providing ‘‘guidance for
determining at what point a
rehabilitated marine mammal is
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releasable to the wild.’’ Interim
standards for release of rehabilitated
marine mammals have been developed
by NMFS and the US Fish and Wildlife
Service in consultation with marine
mammal experts through review and
public comments, including publication
in the Federal Register on April 8, 1998
(63 FR 17156). Three panels of experts
were also assembled in 2001 to provide
individual recommendations, which
have been incorporated into the current
interim document. These guidelines
provide an evaluative process for the
veterinarians and animal husbandry
staff at rehabilitation facilities to use in
determining if a stranded marine
mammal is suitable for release to the
wild, and under what conditions such a
release should occur. The interim
standards are provided in the Policies
and Practices manual.
Purpose and Scope of the Action
NMFS will prepare an EIS to evaluate
the cumulative impacts of the activities
of the MMHSRP, including the issuance
of a final Policies and Procedures
manual and a new MMPA/ESA permit
for the program. This EIS will assess the
likely environmental effects of marine
mammal health and stranding response
under a range of alternatives
characterized by different methods,
mitigation measures, and level of
response. In addition, the EIS will
identify potentially significant direct,
indirect, and cumulative impacts on
geology and soils, air quality, water
quality, other fish and wildlife species
and their habitat, vegetation,
socioeconomics and tourism, treaty
rights and Federal trust responsibilities,
environmental justice, cultural
resources, noise, aesthetics,
transportation, public services, and
human health and safety, and other
environmental issues that could occur
with the implementation of the
proposed action. For all potentially
significant impacts, the EIS will identify
avoidance, minimization and mitigation
measures to reduce these impacts,
where feasible, to a level below
significance.
Major environmental concerns that
will be addressed in the EIS include:
NMFS’ information needs for the
conservation of marine mammals; the
types and levels of stranding response
and rehabilitation activities, including
level of effort; and the cumulative
impacts of MMHSRP activities on
marine mammals and the environment.
Comments and suggestions are invited
from all interested parties to ensure that
the full range of issues related to the
MMHSRP and its activities are
identified. NMFS is therefore seeking
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public comments especially in the
following areas:
(1) Types of activities. What sort of
activities in response to stranded marine
mammals or outbreaks of disease in
marine mammals should be conducted
on a national level? Are there critical
research needs that may be met by
stranding investigations, rehabilitation,
biomonitoring, disentanglement, and
other health-related research activities?
If so, are these needs currently being
met? If there are additional needs, what
are they, how are they likely to benefit
the marine mammal species, and how
should they best be met?
(2) Level of response effort. For
example, should there be different
standards or levels of effort for different
species or groups of species (i.e.
pinnipeds vs. cetaceans; threatened or
endangered species vs. increasing
populations, etc.)? How should NMFS
set these standards or limits?
(3) Organization and qualifications.
How should the national stranding
network be organized at the local, state,
regional, eco-system, and national
levels? How should health assessment
research be coordinated or organized
nationally? What should the minimum
qualifications of an individual or
organization be prior to becoming an SA
holder or researcher (utilizing samples
from stranded animals) to ensure that
animals are treated successfully,
humanely, and with the minimum of
adverse impacts?
(4) Effects of activities. NMFS will be
assessing possible effects of the
activities conducted by, for, and under
the authorization of the MMHSRP using
all appropriate available information.
Anyone having relevant information
they believe NMFS should consider in
its analysis should provide a complete
citation or reference for retrieving the
information. We seek public input on
the scope of the required NEPA
analysis, including th range of
reasonable alternatives; associated
impacts of any alternatives on the
human environment, including geology
and soils, air quality, water quality,
other fish and wildlife species and their
habitat, vegetation, socioeconomics and
tourism, treaty rights and Federal trust
responsibilities, environmental justice,
cultural resources, noise, aesthetics,
transportation, public services, and
human health and safety, and suitable
mitigation measures. We ask that
comments be as specific as possible.
Alternatives
NMFS has identified several
preliminary alternatives for public
comment during the scoping period and
encourage information on additional
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76779
alternatives to consider. Alternative 1,
the Proposed Action Alternative, would
result in the publication of the Practices
and Protocols Handbook and the
establishment of required minimum
standards for the national marine
mammal stranding and disentanglement
networks. The MMHSRP permit would
also be issued under this alternative to
permit response activities for
endangered species, disentanglement
activities, biomonitoring projects, other
research projects conducted by or in
cooperation with the program, and
import and export of tissue and other
diagnostic or research samples.
Alternative 2, the No Action
Alternative, would continue the
activities of the national stranding and
disentanglement networks without
issuance of the Policies and Practices.
No new or renewal Stranding
Agreements would be issued or
extended, and the MMHSRP would not
apply for or receive a new permit. As
Stranding Agreements with
organizations expired, the network
would cease to function. The No Action
Alternative is required to be included
for consideration by CEQ regulations.
Alternative 3 is considered the Status
Quo alternative and would allow for the
continuation of the stranding and
disentanglement networks currently in
place in the country, and the Policies
and Practices documents would not be
issued. However, under the Status Quo
alternative, Stranding Agreements could
be renewed or extended (though not
modified), such that the current level of
response would continue. No new SAs
would be issued to facilities that are not
currently part of the national stranding
network. This would preclude adaptive
changes in the stranding network as
organizations change priorities and wish
to leave the network, or as new facilities
are created and wish to become
involved. The MMHSRP permit could
be renewed or reissued as written, with
no modifications. There could be no
adaptive changes to the research
protocols as new issues were raised or
advances made in technology.
Other alternatives considered by
NMFS may be eliminated from detailed
study because they would limit or
prohibit activities necessary for the
conservation of the species by NMFS.
The other alternatives that have been
considered but may be eliminated from
further study are: (1) An alternative that
allows for biomonitoring activities only
(tissue sampling and study of animals
caught during targeted health
assessment projects, subsistence hunts,
and as incidental bycatch in fishery
activities only); (2) an alternative that
allows for a stranding response only (no
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rehabilitation activities; response to live
animals would be limited to euthanasia
or release; no disentanglement or health
assessment activities; ); (3) an
alternative that allows for response and
rehabilitation for cetaceans only; and (4)
an alternative that allows for response
and rehabilitation for ESA-listed marine
mammals only. The elimination of any
of these activities would impede data
collection regarding strandings and the
health of marine mammals that is
necessary for NMFS conservation and
recovery efforts for many species.
In addition to the alternatives listed
above, NMFS will also utilize the
scoping process to identify other
alternatives for consideration. It should
be noted that although several of the
listed alternatives would not allow for
the mandated activities listed in the
MMPA, under 40 CFR 1506.2(d),
reasonable alternatives cannot be
excluded strictly because they are
inconsistent with Federal or state laws,
but must still be evaluated in the EIS.
For additional information about the
MMHSRP, the national stranding
network, and related information, please
visit our website at https://
www.nmfs.noaa.gov/pr/health/.
Public Involvement and Scoping
Meetings Agenda
Public scoping meetings will be held
at the following dates, times, and
locations:
1. Tuesday, January 24, 2006, 7 – 10
p.m., Santa Barbara Natural History
Museum, 2559 Puesta del Sol, Santa
Barbara, CA;
2. Wednesday, January 25, 2006, 2 –
5 p.m.; Bay Conservation and
Development Commission, 50 California
Street, Suite 2600, San Francisco, CA;
3. Friday, January 27, 2006, 3 – 6
p.m., Hawaiian Islands Humpback
Whale National Marine Sanctuary O’ahu
Office, 6600 Kalaniana’ole Highway,
Honolulu, HI;
4. Monday, January 30, 2006, 2 – 5
p.m., NMFS Northwest Regional Office,
Building 9, 7600 Sand Point Way NE,
Seattle, WA;
5. Wednesday, February 1, 2006, 2 –
5 p.m., U.S. Fish and Wildlife Service,
1011 East Tudor Road, Anchorage, AK;
6. Tuesday, February 7, 2006, 5 – 8
p.m., NMFS Southeast Regional Office,
263 13th Avenue, South, St. Petersburg,
FL;
7. Monday, February 13, 2006, 5 – 8
p.m., New England Aquarium,
Conference Center, Central Wharf,
Boston, MA;
8. Friday, February 17, 2006, 2 – 5
p.m., Silver Spring Metro Center,
Building 4, Science Center, 1301 EastWest Highway, Silver Spring, MD.
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Comments will be accepted at these
meetings as well as during the scoping
period, and can be mailed to NMFS by
February 28, 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 (please
specify electronic or paper format of the
Draft EIS); and
(3) Any background documents to
support your comments as you feel
necessary.
All comments and material received,
including names and addresses, will
become part of the administrative record
and may be released to the public.
Special Accommodations
These meetings are accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Sarah Howlett or Sarah Wilkin, 301–
713–2322 (voice) or 301–427–2522 (fax),
at least 5 days before the scheduled
meeting date.
P. Michael Payne,
Chief, Marine Mammal and Sea Turtle
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E5–7990 Filed 12–27–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 122005C]
Notice of Intent to Prepare an
Environmental Impact Statement on
Impacts of Research on Steller Sea
Lions and Northern Fur Seals
Throughout Their Range in the United
States
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Intent to prepare
environmental impact statement.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) announces its
intent to prepare an Environmental
Impact Statement (EIS) to analyze the
environmental impacts of administering
grants and issuing permits associated
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with research on endangered and
threatened Steller sea lions (Eumetopias
jubatus) and depleted northern fur seals
(Callorhinus ursinus). 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.
The purpose of conducting research
on threatened and endangered Steller
sea lions is to promote the recovery of
the species’ populations such that the
protections of the Endangered Species
Act (ESA; 16 U.S.C. 1531 et seq.) are no
longer needed. Consistent with the
purpose of the Marine Mammal
Protection Act (MMPA; 16 U.S.C. 1361
et seq.), the purpose of conducting
research on northern fur seals is to
contribute to the basic knowledge of
marine mammal biology or ecology and
to identify, evaluate, or resolve
conservation problems for this depleted
species.
Research on Steller sea lions and
northern fur seals considered in this EIS
is funded and permitted by NMFS,
which are both federal actions requiring
National Environmental Policy Act
(NEPA; 42 U.S.C. 4321 et seq.)
compliance. The need for these actions
is to facilitate research to: (1) Prevent
harm and avoid jeopardy or
disadvantage to the species; (2) promote
recovery; (3) identify factors limiting the
population; (4) identify reasonable
actions to minimize impacts of humaninduced activities; (5) implement
conservation and management
measures; and (6) make data and results
available in a timely manner for
management of the species. As part of
this action, NMFS is developing
measures that will improve efficiency
and avoid unnecessary redundancy in
Steller sea lion and northern fur seal
research, utilize best management
practices, facilitate adaptive
management, and standardize research
protocols.
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 February 13, 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,
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]]>Agencies
[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76777-76780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7990]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 120805B]
Notice of Intent to Conduct Public Scoping Meetings and Prepare
an Environmental Impact Statement on the Activities of the National
Marine Mammal Health and Stranding Response Program
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare environmental impact statement;
request for comments.
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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 the national administration of the Marine
Mammal Health and Stranding Response Program (MMHSRP).
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, provides information on
how to participate, and identifies a set of preliminary alternatives to
serve as a starting point for discussions.
ADDRESSES: See SUPPLEMENTARY INFORMATION for specific dates, times, and
locations of public scoping meetings for this issue.
FOR FURTHER INFORMATION CONTACT: All comments, written statements and
questions regarding the scoping process, NEPA process, and preparation
of the EIS must be postmarked by February 28, 2006, and should be
mailed to: P. Michael Payne, Chief, Marine Mammal and Sea Turtle
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Room 13635, Silver Spring, MD 20910-
3226, Fax: 301-427-2584 ATTN: MMHSRP EIS or e-mail at
mmhsrpeis.comments@noaa.gov with the subject line MMHSRP EIS.
SUPPLEMENTARY INFORMATION:
[[Page 76778]]
Background
NMFS proposes to continue to coordinate and operate the National
Marine Mammal Health and Stranding Response Program (MMHSRP) for
response to stranded marine mammals and research into questions related
to marine mammal health, including causes and trends in marine mammal
health and the causes of strandings, pursuant to Title IV of the Marine
Mammal Protection Act (MMPA; 16 U.S.C. 1421). Title IV of the MMPA
established the MMHSRP under NMFS. The mandated goals and purposes for
the program are to: (1) facilitate the collection and dissemination of
reference data on the health of marine mammals and health trends of
marine mammal populations in the wild; (2) correlate the health of
marine mammals and marine mammal populations, in the wild, with
available data on physical, chemical, and biological environmental
parameters; and (3) coordinate effective responses to unusual mortality
events by establishing a process in the Department of Commerce in
accordance with section 404.
To meet the goals of the MMPA, the MMHSRP carries out several
important activities, including the National Marine Mammal Stranding
Network, the John H. Prescott Marine Mammal Rescue Assistance Grant
Program, the Marine Mammal Disentanglement Program, the Marine Mammal
Unusual Mortality Event and Emergency Response Program, the Marine
Mammal Biomonitoring Program, the Marine Mammal Tissue and Serum Bank
Program, the Marine Mammal Analytical Quality Assurance Program, the
MMHSRP Information Management Program, and the facilitation of several
regional health assessment programs on wild marine mammals.
A marine mammal is defined as ``stranded'' under the MMPA if it is
dead and on the beach or shore or floating in waters under US
jurisdiction, or alive and on the beach and unable to return to the
water, in need of medical assistance, or out of its natural habitat and
unable to return to its natural habitat without assistance. NMFS is
currently developing and plans to issue national protocols that will
help standardize the stranding network across the country while
maintaining regional flexibility. These protocols are proposed to be
issued in one consolidated manual, titled Policies and Best Practices
for Marine Mammal Stranding Response, Rehabilitation and Release
(Policies and Practices). This document is currently released on an
interim basis, and will be available on our website after January 9,
2006, at: https://www.nmfs.noaa.gov/pr/health/ for reference and review.
The future development of these policies may involve issuance of
regulations, but none are currently proposed.
Individuals, groups and organizations throughout the country have
been responding to stranded marine mammals for decades. After the
passage of Title IV, NMFS codified the roles and responsibilities of
participant organizations in the National Marine Mammal Stranding
Network through a Letter of Agreement (LOA) or Stranding Agreement
(SA), issued under MMPA section 112(c). By issuing SAs, NMFS allows
stranding network response organizations, acting as 'agents' of the
government, an exemption to the prohibition on ``takes'' of marine
mammals established under the MMPA. Federal, state and local government
officials already have an exemption to the take prohibition under
section 109(h) of the MMPA, which allows the taking of marine mammals
(not listed as threatened or endangered) during the course of official
duties, provided such taking is for the protection or welfare of the
mammal, for public health, or for the nonlethal removal of nuisance
animals. SAs (as conceived) extend the same exemption to organizations
and individuals that are outside of the government.
Stranding Agreements are issued by NMFS Regional Administrators,
and in the past a high level of variability has occurred between
regions. A standardized national template for the format of the SA has
been developed, including sections that may be customized by each
region in order to maintain flexibility. This SA template has been
subject to public comment on several occasions after publication on
NMFS' public website and distribution to interested parties (most
recently on Nov. 8, 2004). NMFS has also developed a list of minimum
criteria for organizations wishing to obtain a SA and participate in
the stranding network, and these have also been distributed for public
comment. These criteria differ based on the level of involvement of the
participant (response only; response and transport; rehabilitation,
etc.). Substantive comments received on these documents have been
either incorporated or responded to, if the authors chose not to
incorporate them. The LOA Template and Minimum Eligibility Criteria are
the first two elements of the ``Policies and Practices'' manual.
While the MMPA provides an exception to the take prohibition for
the health and welfare of stranded marine mammals, no similar exemption
is contained in the Endangered Species Act (ESA). Not all, but many,
species of marine mammals are listed as threatened or endangered under
the ESA, and are therefore protected by both laws. Therefore, the
MMHSRP has obtained a permit from the Permits, Conservation and
Education Division of the NMFS Office of Protected Resources, issued
under the MMPA and section 10(a)(1)(A) of the ESA, to provide the
necessary exemption to the take prohibition where the stranded animal
in question is listed under the ESA, or when response to a stranded
animal would or could incidentally harass a listed species. The permit
covers stranding and emergency response activities, including for
example, disentanglement, hazing, close approaches, and humane
euthanasia. Captures of wild (presumably healthy) animals are also
permitted to conduct health assessment studies, where such activities
are part of an investigation into a morbidity or mortality issue in the
wild population, but this is a rare occurrence (not routine procedure).
Stranding network responders are listed as co-investigators under this
permit. The permit also authorizes a variety of research projects
utilizing stranded animals, tissue samples, and marine mammal parts for
investigations into die-offs and other questions regarding marine
mammal health and stranding. The current permit issued to the MMHSRP
will expire on June 30, 2007, and a NEPA analysis of the activities
covered under the permit must be completed prior to the issuance of a
new permit. This EIS will serve as the NEPA analysis of these permitted
activities.
Marine mammals that are undergoing rehabilitation, and the
facilities that are conducting rehabilitation activities, are not
subject to inspection or review by the Animal and Plant Health
Inspection Service (APHIS) under the United States Department of
Agriculture, provided that they are not also a public display facility
(separate from their rehabilitation activities) or a research facility.
These facilities are therefore not subject to APHIS minimum
requirements for facilities, husbandry, or veterinary standards. NMFS
has developed minimum standards for marine mammal rehabilitation
facilities that will be required of all facilities operating under a SA
with NMFS, and the interim rehabilitation facility standards document
is the third element of the Policies and Practices manual.
Section 402 (a) of the MMPA charges NMFS with providing ``guidance
for determining at what point a rehabilitated marine mammal is
[[Page 76779]]
releasable to the wild.'' Interim standards for release of
rehabilitated marine mammals have been developed by NMFS and the US
Fish and Wildlife Service in consultation with marine mammal experts
through review and public comments, including publication in the
Federal Register on April 8, 1998 (63 FR 17156). Three panels of
experts were also assembled in 2001 to provide individual
recommendations, which have been incorporated into the current interim
document. These guidelines provide an evaluative process for the
veterinarians and animal husbandry staff at rehabilitation facilities
to use in determining if a stranded marine mammal is suitable for
release to the wild, and under what conditions such a release should
occur. The interim standards are provided in the Policies and Practices
manual.
Purpose and Scope of the Action
NMFS will prepare an EIS to evaluate the cumulative impacts of the
activities of the MMHSRP, including the issuance of a final Policies
and Procedures manual and a new MMPA/ESA permit for the program. This
EIS will assess the likely environmental effects of marine mammal
health and stranding response under a range of alternatives
characterized by different methods, mitigation measures, and level of
response. In addition, the EIS will identify potentially significant
direct, indirect, and cumulative impacts on geology and soils, air
quality, water quality, other fish and wildlife species and their
habitat, vegetation, socioeconomics and tourism, treaty rights and
Federal trust responsibilities, environmental justice, cultural
resources, noise, aesthetics, transportation, public services, and
human health and safety, and other environmental issues that could
occur with the implementation of the proposed action. For all
potentially significant impacts, the EIS will identify avoidance,
minimization and mitigation measures to reduce these impacts, where
feasible, to a level below significance.
Major environmental concerns that will be addressed in the EIS
include: NMFS' information needs for the conservation of marine
mammals; the types and levels of stranding response and rehabilitation
activities, including level of effort; and the cumulative impacts of
MMHSRP activities on marine mammals and the environment. Comments and
suggestions are invited from all interested parties to ensure that the
full range of issues related to the MMHSRP and its activities are
identified. NMFS is therefore seeking public comments especially in the
following areas:
(1) Types of activities. What sort of activities in response to
stranded marine mammals or outbreaks of disease in marine mammals
should be conducted on a national level? Are there critical research
needs that may be met by stranding investigations, rehabilitation,
biomonitoring, disentanglement, and other health-related research
activities? If so, are these needs currently being met? If there are
additional needs, what are they, how are they likely to benefit the
marine mammal species, and how should they best be met?
(2) Level of response effort. For example, should there be
different standards or levels of effort for different species or groups
of species (i.e. pinnipeds vs. cetaceans; threatened or endangered
species vs. increasing populations, etc.)? How should NMFS set these
standards or limits?
(3) Organization and qualifications. How should the national
stranding network be organized at the local, state, regional, eco-
system, and national levels? How should health assessment research be
coordinated or organized nationally? What should the minimum
qualifications of an individual or organization be prior to becoming an
SA holder or researcher (utilizing samples from stranded animals) to
ensure that animals are treated successfully, humanely, and with the
minimum of adverse impacts?
(4) Effects of activities. NMFS will be assessing possible effects
of the activities conducted by, for, and under the authorization of the
MMHSRP using all appropriate available information. Anyone having
relevant information they believe NMFS should consider in its analysis
should provide a complete citation or reference for retrieving the
information. We seek public input on the scope of the required NEPA
analysis, including th range of reasonable alternatives; associated
impacts of any alternatives on the human environment, including geology
and soils, air quality, water quality, other fish and wildlife species
and their habitat, vegetation, socioeconomics and tourism, treaty
rights and Federal trust responsibilities, environmental justice,
cultural resources, noise, aesthetics, transportation, public services,
and human health and safety, and suitable mitigation measures. We ask
that comments be as specific as possible.
Alternatives
NMFS has identified several preliminary alternatives for public
comment during the scoping period and encourage information on
additional alternatives to consider. Alternative 1, the Proposed Action
Alternative, would result in the publication of the Practices and
Protocols Handbook and the establishment of required minimum standards
for the national marine mammal stranding and disentanglement networks.
The MMHSRP permit would also be issued under this alternative to permit
response activities for endangered species, disentanglement activities,
biomonitoring projects, other research projects conducted by or in
cooperation with the program, and import and export of tissue and other
diagnostic or research samples.
Alternative 2, the No Action Alternative, would continue the
activities of the national stranding and disentanglement networks
without issuance of the Policies and Practices. No new or renewal
Stranding Agreements would be issued or extended, and the MMHSRP would
not apply for or receive a new permit. As Stranding Agreements with
organizations expired, the network would cease to function. The No
Action Alternative is required to be included for consideration by CEQ
regulations.
Alternative 3 is considered the Status Quo alternative and would
allow for the continuation of the stranding and disentanglement
networks currently in place in the country, and the Policies and
Practices documents would not be issued. However, under the Status Quo
alternative, Stranding Agreements could be renewed or extended (though
not modified), such that the current level of response would continue.
No new SAs would be issued to facilities that are not currently part of
the national stranding network. This would preclude adaptive changes in
the stranding network as organizations change priorities and wish to
leave the network, or as new facilities are created and wish to become
involved. The MMHSRP permit could be renewed or reissued as written,
with no modifications. There could be no adaptive changes to the
research protocols as new issues were raised or advances made in
technology.
Other alternatives considered by NMFS may be eliminated from
detailed study because they would limit or prohibit activities
necessary for the conservation of the species by NMFS. The other
alternatives that have been considered but may be eliminated from
further study are: (1) An alternative that allows for biomonitoring
activities only (tissue sampling and study of animals caught during
targeted health assessment projects, subsistence hunts, and as
incidental bycatch in fishery activities only); (2) an alternative that
allows for a stranding response only (no
[[Page 76780]]
rehabilitation activities; response to live animals would be limited to
euthanasia or release; no disentanglement or health assessment
activities; ); (3) an alternative that allows for response and
rehabilitation for cetaceans only; and (4) an alternative that allows
for response and rehabilitation for ESA-listed marine mammals only. The
elimination of any of these activities would impede data collection
regarding strandings and the health of marine mammals that is necessary
for NMFS conservation and recovery efforts for many species.
In addition to the alternatives listed above, NMFS will also
utilize the scoping process to identify other alternatives for
consideration. It should be noted that although several of the listed
alternatives would not allow for the mandated activities listed in the
MMPA, under 40 CFR 1506.2(d), reasonable alternatives cannot be
excluded strictly because they are inconsistent with Federal or state
laws, but must still be evaluated in the EIS.
For additional information about the MMHSRP, the national stranding
network, and related information, please visit our website at https://
www.nmfs.noaa.gov/pr/health/.
Public Involvement and Scoping Meetings Agenda
Public scoping meetings will be held at the following dates, times,
and locations:
1. Tuesday, January 24, 2006, 7 - 10 p.m., Santa Barbara Natural
History Museum, 2559 Puesta del Sol, Santa Barbara, CA;
2. Wednesday, January 25, 2006, 2 - 5 p.m.; Bay Conservation and
Development Commission, 50 California Street, Suite 2600, San
Francisco, CA;
3. Friday, January 27, 2006, 3 - 6 p.m., Hawaiian Islands Humpback
Whale National Marine Sanctuary O'ahu Office, 6600 Kalaniana'ole
Highway, Honolulu, HI;
4. Monday, January 30, 2006, 2 - 5 p.m., NMFS Northwest Regional
Office, Building 9, 7600 Sand Point Way NE, Seattle, WA;
5. Wednesday, February 1, 2006, 2 - 5 p.m., U.S. Fish and Wildlife
Service, 1011 East Tudor Road, Anchorage, AK;
6. Tuesday, February 7, 2006, 5 - 8 p.m., NMFS Southeast Regional
Office, 263 13th Avenue, South, St. Petersburg, FL;
7. Monday, February 13, 2006, 5 - 8 p.m., New England Aquarium,
Conference Center, Central Wharf, Boston, MA;
8. Friday, February 17, 2006, 2 - 5 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 February 28, 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 (please specify electronic or paper format of the Draft EIS); and
(3) Any background documents to support your comments as you feel
necessary.
All comments and material received, including names and addresses,
will become part of the administrative record and may be released to
the public.
Special Accommodations
These meetings are accessible to people with disabilities. Requests
for sign language interpretation or other auxiliary aids should be
directed to Sarah Howlett or Sarah Wilkin, 301-713-2322 (voice) or 301-
427-2522 (fax), at least 5 days before the scheduled meeting date.
P. Michael Payne,
Chief, Marine Mammal and Sea Turtle Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E5-7990 Filed 12-27-05; 8:45 am]
BILLING CODE 3510-22-S
