Protection of Marine Mammals; Notice of Intent to Prepare an Environmental Impact Statement, 57923-57926 [E6-16202]
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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices
results of the sunset review no later than
December 19, 2005.
Jun
Jack Zhao or Sean Carey, AD/CVD
Operations, Office 6, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1396 or (202) 482–
3964, respectively.
FOR FURTHER INFORMATION CONTACT:
days from the date of initiation of this
review.
This notice is issued and published in
accordance with sections 751(c)(5)(B)
and (C) of the Act.
Dated: September 26, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–16232 Filed 9–29–06; 8:45 am]
BILLING CODE 3510–DS–S
SUPPLEMENTARY INFORMATION:
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Extension of Final Results:
DEPARTMENT OF COMMERCE
On June 1, 2006, the Department of
Commerce (the Department) published,
in the Federal Register, the notice of
initiation of the second five-year sunset
review of the countervailing duty order
on OCTG from Italy, pursuant to section
751(c) of the Tariff Act of 1930, as
amended (the Act). See Initiation of
Five-year (‘‘Sunset’’) Reviews, 71 FR
31153 (June 1, 2006). On July 21, 2006,
the Department determined that the
substantive responses filed by the
Government of Italy (GOI), the European
Union/Delegation of the European
Commission (EU) and Dalmine S.p.A.
(Dalmine) were inadequate and that this
sunset review would be conducted on
an expedited basis. See July 21, 2006
memo from the sunset team to Stephen
J. Claeys, through Barbara E. Tillman,
Adequacy Determination: Sunset
Review of the Countervailing Duty Order
on Oil Country Tubular Goods from
Italy (Second Review). This
memorandum is on file in the Central
Records Unit, room B–099 of the main
Commerce building. The Department’s
final results of this review were
scheduled for September 29, 2006;
however, the Department needs
additional time to make its final
determination.
In accordance with section
751(c)(5)(B) of the Act, the Department
may extend the period of time for
making its final determination in a
sunset review by not more than 90 days,
if it determines that the review is
extraordinarily complicated. The
Department needs additional time to
consider issues related to whether a
countervailable subsidy is likely to
continue or recur if the order is revoked.
Specifically, the Department has
determined that it is necessary to verify
certain of the information provided by
respondents in this review. Therefore,
the Department will extend the deadline
in this proceeding, and, as a result,
intends to issue the final results of the
sunset review of the countervailing duty
order on OCTG from Italy, no later than
December 19, 2006, an additional 81
57923
FOR FURTHER INFORMATION CONTACT:
Nancy Hesser at the Department of
Commerce in Washington, DC.
Telephone: (202) 482–4663. Fax: (202)
482–2718. Both downloadable and
online versions of the application for
the Summit and the spin-off missions
are available on the event Web site:
https://export.gov/indiamission.
Nancy Hesser,
Manager, Commercial Service Trade Missions
Program.
[FR Doc. E6–16221 Filed 9–29–06; 8:45 am]
International Trade Administration
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BILLING CODE 3510–25–P
Amendment to Notice
DEPARTMENT OF COMMERCE
International Trade
Administration, Department of
Commerce.
SUMMARY: This notice amends the June
30th notice (71 FR 37543) to extend the
deadline to October 27, 2006, for
submission of applications for the
Summit only portion of the Department
of Commerce Under Secretarial
Business Development Mission to India
and to raise the ceiling on the number
of participants for the Summit portion
of the Mission to 230. These changes are
implemented in response to
overwhelming interest on the part of the
U.S. business community and an
agreement on the part of the Summit
sponsors in India to accommodate an
increased participant base. The
application for the Summit portion of
the India Business Development
Mission is available in a downloadable
fax-back version on the event Web site:
https://export.gov/indiamission. The
application may also be completed and
submitted online. Leaders of U.S.
business, industry, education, and state
and local government are among those
encouraged to take part in the Summit,
where strategic breakout sessions will
provide access to India’s high-level
business, industry, and government
representatives and insights into the
country’s trade and investment climate.
The deadline to apply for the postSummit spin-off missions to be held in
Bangalore, Kolkata, Chennai,
Hyderabad, Mumbai, and New Delhi
remains October 2, 2006. The spin-off
missions are open to qualified U.S.
business representatives seeking one-onone business appointments with
prospective agents, distributors,
partners, and end-users. Applications
for the spin-off missions are available on
the above-cited event Web site.
Selection criteria and procedures for the
Summit and spin-off missions are
included in the Trade Mission
Statement on the Web site.
National Oceanic and Atmospheric
Administration
AGENCY:
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[I.D. 090706D]
Protection of Marine Mammals; Notice
of Intent to Prepare an Environmental
Impact Statement
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent to prepare and
environmental impact statement (EIS);
notice of public scoping meetings.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) announces its
intent to prepare an EIS to assess the
potential impacts on the human
environment resulting from proposed
regulations to protect wild spinner
dolphins (Stenella longirostris) in the
main Hawaiian Islands from ‘‘take,’’ as
defined in the Marine Mammal
Protection Act (MMPA) and its
implementing regulations; and
announces public scoping meetings.
DATES: Four public scoping meetings are
scheduled to obtain comments on the
scope of issues to be addressed in the
EIS. See SUPPLEMENTARY INFORMATION for
specific times and locations. In addition
to obtaining comments in the public
scoping meetings, NMFS will also
accept written and electronic comments.
Comments must be received no later
than 5 p.m. h.s.t. on November 24, 2006.
ADDRESSES: Written comments on the
scope of the EIS should be submitted to
Chris E. Yates, Assistant Regional
Administrator for Protected Resources,
Pacific Islands Regional Office, NMFS,
1601 Kapiolani Boulevard, Suite 1110,
Honolulu, HI 96814. Written comments
may also be submitted by e-mail to
Spinner.Scoping@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Lisa
Van Atta, NMFS, Pacific Islands Region;
telephone: (808) 944–2257; fax: (808)
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944–2142; e-mail:
alecia.vanatta@noaa.gov. For
information regarding the EIS process,
contact Jayne LeFors, NMFS, Pacific
Islands Region; telephone: (808) 944–
2277; fax: (808) 944–2142; e-mail:
jayne.lefors@noaa.gov.
SUPPLEMENTARY INFORMATION:
Public Scoping Meetings – Specific
Times and Locations
The Honolulu, Oahu, HI scoping
meeting: October 17, 2006, 6 p.m. - 9
p.m. The meeting location is the McCoy
Pavilion, Ala Moana Regional Park,
1201 Ala Moana Boulevard, Honolulu,
HI, 96814, telephone: (808) 823–1636.
The Kapa’a, Kauai, HI scoping
meeting: October 19, 2006, 6 p.m. - 9
p.m. The meeting location is the Aloha
Beach Resort Kauai, Pi’ikoi Room, 3–
5920 Kuhio Highway, Kapa’a, HI, 96746,
telephone: (808) 823–1636.
The Kihei, Maui, HI scoping meeting:
October 25, 2006, 6 p.m. - 9 p.m. The
meeting location is the Hawaiian Islands
Humpback Whale National Marine
Sanctuary, Headquarters office, 726 S.
Kihei Road, Kihei, HI, 96753, telephone:
(808) 879–2818 or (800) 831–4888.
The Kailua-Kona, HI scoping meeting:
October 26, 2006, 6 p.m. - 9 p.m. The
meeting location is King Kamehameha’s
Kona Beach Hotel, 75–5660 Palani
Road, Kailua-Kona, HI, 96740,
telephone: (808) 329–2911.
These meetings are accessible to
people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Jayne LeFors, (808) 944–2277 or fax
(808) 944–2142 at least 5 days before the
scheduled meeting date.
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Background
Viewing wild marine mammals in
Hawaii is a popular recreational activity
for both tourists and residents alike. In
the past, most efforts focused on
viewing humpback whales (Megaptera
novaeangliae) during the winter months
when the whales migrate from their
feeding grounds off the coast of Alaska
to Hawaii’s warm and protected waters
to breed and calve. However, in recent
years, increasing efforts have focused on
viewing small cetaceans, with a
particular emphasis on Hawaiian
spinner dolphins (Stenella longirostris),
which can be routinely found close to
shore in shallow coves and bays
throughout the main Hawaiian Islands.
NMFS has received an increasing
number of complaints from constituents
charging that spinner dolphins are being
routinely disturbed by people
attempting to closely approach and
interact with the dolphins by vessel
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(motor powered or kayak) or in the
water (‘‘swim-with-wild-dolphin’’
activities). Concerns have been
expressed by officials from the Hawaii
Department of Land and Natural
Resources and the U.S. Marine Mammal
Commission (MMC), as well as various
members of the public, including
representatives of the Native Hawaiian
community, scientific researchers,
wildlife conservation organizations,
public display organizations, and some
commercial tour operators.
NMFS encourages members of the
public to view and enjoy Hawaiian
spinner dolphins, and supports
responsible wildlife viewing as
articulated in agency guidelines (see
web citation below). However, activities
currently conducted by individuals and
by commercial ‘‘swim-with’’ programs
frequently do not operate in accordance
with these guidelines. NMFS is
concerned that activities occurring in
Hawaii have the potential to cause
detrimental individual and populationlevel impacts to these dolphins.
Hawaiian spinner dolphins routinely
utilize shallow coves and bays close to
shore during the day to rest, care for
their young, and avoid predators, before
traveling to deeper water at night to
hunt for food. As the dolphins begin or
end their resting period in a bay, they
engage in aerial spinning and leaping
behaviors that are noticeable from shore.
However, when they are in a period of
deep rest, their behavior consists of
synchronous dives and extended
periods swimming in quiet formation
along the shallow bottom (Norris and
Dohl 1980; Norris et al., 1985; Wells and
Norris 1994; Wursig et al. 1994).
Scientific research studies have
documented the effects of human
disturbance on dolphins. In a recently
published study conducted at Oahu’s
Makua Beach, Danil et al. (2005) found
that Hawaiian spinner dolphins
departed the resting bay earlier and
spent shorter diving periods, which was
indicative of delayed or compressed
resting behavior, while swimmers were
present in the bay.
Additionally, a study in western
Australia documented a significant
decline in wild bottlenose dolphin
(Tursiops sp.) abundance resulting from
long-term exposure to dolphin tour
operations (Bejder et al., 2006; Bejder et
al., In press). While there are some
major differences between bottlenose
dolphins and spinner dolphins, their
responses to exposure to tour operations
would likely be similar. The authors
suggest that similar declines would be
devastating for small, closed, resident,
or endangered cetacean populations like
spinner dolphins.
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Current MMPA Prohibitions and NMFS
Guidelines and Regulations
The Marine Mammal Protection Act
of 1972, 16 U.S.C. 1361 et seq. (MMPA)
prohibits the ‘‘take’’ of marine
mammals. Section 3(13) of the MMPA
defines the term ‘‘take’’ as ‘‘to harass,
hunt, capture, or kill, or attempt to
harass, hunt, capture, or kill any marine
mammal.’’ Section 3(18)(A) of the
MMPA defines the term ‘‘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; or (ii) has the
potential to disturb a marine mammal or
marine mammal stock in the wild by
causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering.’’
In addition, NMFS regulations
implementing the MMPA have amended
the term ‘‘take’’ to include ‘‘the
negligent or intentional operation of an
aircraft or vessel, or the doing of any
other negligent or intentional act which
results in disturbing or molesting a
marine mammal; and feeding or
attempting to feed a marine mammal in
the wild’’ (50 CFR 216.3).
Although Hawaiian spinner dolphins
are not a listed species under the
Endangered Species Act (ESA), NMFS
has implemented specific regulations
for some ESA-listed marine mammals
which address interactions with
humans in the wild. These regulations
prohibit approaches closer than 100
yards (91.4 m) to humpback whales in
Hawaii and Alaska, and approaches
closer than 500 yards (460 m) to right
whales in the North Atlantic (50 CFR
224.103), as well as approaches within
3 nautical miles (5.5 km) of particular
Steller sea lion (Eumetopias jubatus)
rookeries in the Aleutian Islands and
Gulf of Alaska (50 CFR 223.202).
However, specific approach distance
regulations have not yet been
implemented under the MMPA for other
species of marine mammals.
The MMPA provides limited
exceptions to the prohibition on ‘‘take’’
for activities such as scientific research,
public display, and incidental take in
commercial fisheries. Such activities
require a permit or authorization, which
may be issued after a thorough agency
review. In some cases, the activities
requiring a permit and receiving agency
review (e.g., photo identification
research) are significantly less intrusive
than certain known tourist activities
(e.g., swimming with wild dolphins).
However, the MMPA does not provide
an exception to the ‘‘take’’ prohibition
for commercial or recreational wildlife
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viewing activities, so they are not
eligible for permits or authorizations.
Instead, wildlife viewing should be
conducted in a manner that does not
cause ‘‘take,’’ which is consistent with
the general philosophy of responsible
wildlife viewing to unobtrusively
observe the natural behavior of wild
animals in their habitats without
causing disturbance.
Each of the five NMFS Regions has
developed recommended viewing
guidelines to educate the general public
on how to responsibly view marine
mammals in the wild and avoid causing
a ‘‘take’’ by ‘‘harassment.’’ The
guidelines developed by the NMFS
Pacific Islands Regional Office for
marine wildlife in Hawaii are available
at: https://www.nmfs.noaa.gov/pr/
education/hawaii/.
The guidelines for Hawaii recommend
that people view wild dolphins from a
safe distance of at least 50 yards (45 m)
and to refrain from trying to chase,
closely approach, surround, swim with,
or touch the animals. To support the
guidelines in Hawaii, NMFS has
partnered with the State of Hawaii and
the Hawaiian Islands Humpback Whale
National Marine Sanctuary over the past
several years to promote safe and
responsible wildlife viewing practices
through the development of outreach
materials, training workshops, and
public service announcements. NMFS’
education and outreach efforts have also
been supported by a partnership with
the Watchable Wildlife program, a
consortium of Federal and state wildlife
agencies and wildlife interest groups
that encourages passive viewing of
wildlife from a distance for the safety
and well-being of both animals and
people (Duda 1995, Oberbillig 2000,
Clark 2006).
However, despite the regulations,
guidelines, and outreach efforts,
extensive interactions with wild spinner
dolphins continue to occur in Hawaii.
Advertisements on the internet and in
local media in Hawaii promote activities
that clearly contradict the NMFS
guidelines and appear to depict
harassment of the animals. NMFS has
also received inquiries from members of
the public and commercial tour
operators requesting clarification on
NMFS’ policy and the MMPA
restrictions on closely approaching,
swimming with, or interacting with
wild cetaceans.
In response to the concerns expressed
about spinner dolphin disturbance,
NMFS published an Advance Notice of
Proposed Rulemaking (ANPR) on
December 12, 2005 (70 FR 73426) to
alert the public that it would be
considering whether to implement
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additional regulations or other
conservation measures as appropriate to
protect wild spinner dolphins in the
main Hawaiian Islands from people
attempting to closely approach and
interact with the dolphins by vessel
(motor powered or kayak) or in the
water (‘‘swim-with-wild-dolphin’’
activities). The ANPR with the complete
background information can be found at
https://swr.nmfs.noaa.gov/pir/index.htm
along with the scientific literature cited.
Public comment was solicited on a
range of alternatives being considered to
address the issue. A total of 191
comments were received from a wide
range of stakeholders and recommended
a variety of actions for NMFS to
consider, ranging from no regulations to
permanent closure of areas the dolphins
use for resting and shelter. Based upon
the comments received during this
process, the original alternatives were
further refined to provide a basis for the
alternatives to be analyzed in the EIS.
The EIS will consider the proposed
action and several alternatives to protect
wild spinner dolphins in the main
Hawaiian Islands from human activities
that may result in their unauthorized
taking, or that may cause detrimental
individual or population-level impacts
by diminishing the value of habitat they
routinely use for resting. NMFS is
seeking public comment on both the
proposed action and the preliminary
alternatives during the public scoping
period, and encourages the public to
submit information on these and other
potential alternatives for consideration.
Proposed Action
NMFS has identified the proposed
action as instituting partial (time-area
based) closures for certain specified
spinner dolphin resting habitat (or a
subset thereof) in the main Hawaiian
Islands. Under the proposed action,
NMFS would identify the primary areas
utilized by spinner dolphins for resting
habitat on each of the main Hawaiian
Islands, and would institute closures of
these areas during certain time periods.
Closure types to be considered could
include entire bays, but only during
peak spinner dolphin resting hours (e.g.,
between 9 a.m. and 2 p.m.), or closures
only within specified zones within
spinner dolphin resting habitat (e.g., as
demarcated by buoys). Such closures
would attempt to provide optimal
protection for spinner dolphins and
their resting habitat, while minimizing
the impact on ocean users. Exemptions
within certain bays for harbors transit
(ingress and egress of vessels),
traditional cultural practices, fishing
activities, emergency situations, and
other activities would be considered.
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Alternatives
NMFS has also identified four
additional alternatives to the proposed
action: (1) maintaining the status quo
(the No Action alternative); (2)
establishing a minimum distance limit
inside which approach of spinner
dolphins would be unlawful; (3)
regulating certain specified human
behavior within NMFS-identified
spinner dolphin resting habitat; and (4)
instituting a complete closure of NMFSidentified spinner dolphin resting
habitat (or a subset thereof).
Alternative 1
Under the No Action alternative,
which is required by CEQ regulations
(40 CFR 1502.14), NMFS would take no
additional regulatory action to protect
spinner dolphins from human activities
in the main Hawaiian Islands, thereby
perpetuating the status quo. The current
‘‘take’’ provisions of the MMPA and its
implementing regulations would be the
mechanisms through which unlawful
interactions with spinner dolphins
would be addressed. Under the No
Action alternative, the current (and
increasing) frequency and intensity of
human interactions with spinner
dolphins would likely continue.
Alternative 2
Alternative 2 would establish a
minimum distance limit, similar to
minimum approach rules for humpback
whales in Hawaii (50 CFR 224.103(a))
and Alaska (50 CFR 224.103(b)), and for
right whales in the North Atlantic (50
CFR 224.103(c), within which
approaching spinner dolphins in the
main Hawaiian Islands, by any means,
would be unlawful. Such a limit would
attempt to accommodate a reasonable
level of dolphin viewing opportunities
while minimizing potential detrimental
impacts from human interactions.
NMFS may consider the current Pacific
Islands Regional Responsible Marine
Wildlife Viewing guideline of 50 yards
(45 m). NMFS may also consider
exemptions for situations in which
approach within the established limit is
not reasonably avoidable (e.g., when
human safety is at risk).
Alternative 3
Alternative 3 would regulate human
behavior while in NMFS-identified
spinner dolphin resting areas in the
main Hawaiian Islands. This alternative
would reiterate all activities currently
prohibited by the MMPA and its
implementing regulations, but would
also prohibit other specified human
activities, such as swimming with
spinner dolphins. This alternative
would also prohibit specified watercraft
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(motor vessels, personal thrillcraft,
kayaks, etc.) activities, such as placing
a vessel in the predictable path of
spinner dolphins in order to facilitate an
encounter; as well as regulate watercraft
travel (e.g., speed restrictions) within
spinner dolphin resting areas.
Alternative 4
Alternative 4 would adopt a very
restrictive approach by identifying all
known spinner dolphin resting areas in
the main Hawaiian Islands and institute
a complete closure in these areas to all
commercial and non-commercial
activities. Exemptions within certain
bays for harbors transit (ingress and
egress of vessels) and emergency
situations would be considered.
Public Involvement and the Scoping
Process
NMFS’ intent is to afford an
opportunity for the public to participate
in this process, including interested
citizens, commercial operators, and
environmental organizations; any
affected low-income or minority
populations; affected local state, and
Federal agencies; and any other agencies
with jurisdiction or special expertise
concerning environmental impacts to be
addressed in the EIS.
NMFS will hold public scoping
meetings and accept oral and written
comments on the scope of issues that
should be addressed in the EIS; to
determine the issues of concern with
respect to practical considerations
involved in applying the proposed
regulations; to identify relevant
environmental and socioeconomic
issues to be addressed in the analysis;
and to determine whether NMFS is
addressing the appropriate range of
alternatives. The public, as well as
Federal, state, and local agencies, are
encouraged to participate in this
scoping process. The dates and
locations of these meetings appear in
this Federal Register notice (See
SUPPLEMENTARY INFORMATION). The
agency also invites the public to submit
comments by e-mail or regular mail (See
ADDRESSES).
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Authority: Authority: 16 U.S.C. 1361 et
seq.
References
Bejder, L., Samuels, A., Whitehead, H.
and Gales, N. 2006. Interpreting shortterm behavioural responses to
disturbance within a longitudinal
perspective.
Animal Behaviour. Doi: 10.1016/
j.anbehav.2006.04.003
Bejder, L., A. Samuels, H. Whitehead,
N. Gales, J. Mann, R. Connor, M.
Heithaus, J. Watson-Capps, C. Flaherty,
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15:07 Sep 29, 2006
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and M. Krutzen. In press. Decline in
relative abundance of bottlenose
dolphins exposed to long-term
disturbance. Conservation Biology, in
press.
Clark, J.L. 2006. Hawai’i Wildlife
Viewing Guide. Adventure Publications,
Cambridge, Minnesota. 179 pp.
Danil, K., D. Maldini, and K. Marten.
2005. Patterns of use of Maku’a Beach,
O’ahu, Hawai’i, by spinner dolphins
(Stenella longirostris) and potential
effects of swimmers on their behavior.
Aquatic Mammals, 31(4): 403–412.
Duda, Mark D. 1995. Watching
Wildlife: Tips, Gear and Great Places for
Enjoying America’s Wild Creatures.
Falcon Press Publishing Co., Helena and
Billlings, MT. 117 pp.
Marine Mammal Protection Act of
1972. 16 U.S.C. et seq. and 50 CFR part
216.
Norris, K.S. and T.P. Dohl. 1980.
Behavior of the Hawaiian spinner
dolphin, Stenella longirostris. Fishery
Bulletin, 77(4): 821–849.
Norris, K.S., B. Wursig, R.S. Wells,
S.M. Brownlee, C. Johnson, and J.
Solow. 1985. The behavior of the
Hawaiian spinner dolphin, Stenella
longirostris. NMFS Southwest Fisheries
Science Center Administrative Report
No. LJ–85–06C. 213 pp.
Oberbillig, D.E. 2000. Providing
positive Wildlife Viewing Experiences:
A Practical Handbook. Watchable
Wildlife, Inc., Colorado Division of
Wildlife Publication. 68 pp.
Wells, R.S. and K.S. Norris. 1994. The
island habitat. In: K.S. Norris, B.
Wursig, R.S. Wells, and M. Wursig
(Eds.), The Hawaiian Spinner Dolphin.
University of California Press, Berkeley.
Pp.31–53.
Wursig, B., R.S. Wells, K.S. Norris,
and M. Wursig. 1994. A spinner
dolphin’s day. In: K.S. Norris, B.
Wursig, R.S. Wells, and M. Wursig
(Eds.), The Hawaiian Spinner Dolphin.
University of California Press, Berkeley.
Pp. 65–102.
Dated: September 26, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 092506C]
Marine Mammals; File No. 978–1857
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application.
AGENCY:
SUMMARY: Notice is hereby given that
Paul Nachtigall, Ph.D., Hawaii Institute
of Marine Biology, University of Hawaii,
P.O. Box 1106, Kailua, HI 96734, has
applied in due form for a permit to
conduct research on captive cetaceans.
DATES: Written, telefaxed, or e-mail
comments must be received on or before
November 1, 2006.
ADDRESSES: The application and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521; and
Pacific Islands Region, NMFS, 1601
Kapiolani Blvd., Rm 1110, Honolulu, HI
96814–4700; phone (808)973–2935; fax
(808)973–2941.
Written comments or requests for a
public hearing on this application
should be mailed to the Chief, Permits,
Conservation and Education Division,
F/PR1, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910. Those
individuals requesting a hearing should
set forth the specific reasons why a
hearing on this particular request would
be appropriate.
Comments may also be submitted by
facsimile at (301)427–2521, provided
the facsimile is confirmed by hard copy
submitted by mail and postmarked no
later than the closing date of the
comment period.
Comments may also be submitted by
e-mail. The mailbox address for
providing e-mail comments is
NMFS.Pr1Comments@noaa.gov. Include
in the subject line of the e-mail
comment the following document
identifier: File No. 978–1857.
FOR FURTHER INFORMATION CONTACT:
Amy Sloan or Dr. Tammy Adams,
(301)713–2289.
SUPPLEMENTARY INFORMATION: The
subject permit is requested under the
authority of the Marine Mammal
Protection Act of 1972, as amended (16
U.S.C. 1361 et seq.), and the regulations
E:\FR\FM\02OCN1.SGM
02OCN1
]]>Agencies
[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Notices]
[Pages 57923-57926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16202]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 090706D]
Protection of Marine Mammals; Notice of Intent to Prepare an
Environmental Impact Statement
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare and environmental impact statement
(EIS); notice of public scoping meetings.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) announces its
intent to prepare an EIS to assess the potential impacts on the human
environment resulting from proposed regulations to protect wild spinner
dolphins (Stenella longirostris) in the main Hawaiian Islands from
``take,'' as defined in the Marine Mammal Protection Act (MMPA) and its
implementing regulations; and announces public scoping meetings.
DATES: Four public scoping meetings are scheduled to obtain comments on
the scope of issues to be addressed in the EIS. See SUPPLEMENTARY
INFORMATION for specific times and locations. In addition to obtaining
comments in the public scoping meetings, NMFS will also accept written
and electronic comments. Comments must be received no later than 5 p.m.
h.s.t. on November 24, 2006.
ADDRESSES: Written comments on the scope of the EIS should be submitted
to Chris E. Yates, Assistant Regional Administrator for Protected
Resources, Pacific Islands Regional Office, NMFS, 1601 Kapiolani
Boulevard, Suite 1110, Honolulu, HI 96814. Written comments may also be
submitted by e-mail to Spinner.Scoping@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Lisa Van Atta, NMFS, Pacific Islands
Region; telephone: (808) 944-2257; fax: (808)
[[Page 57924]]
944-2142; e-mail: alecia.vanatta@noaa.gov. For information regarding
the EIS process, contact Jayne LeFors, NMFS, Pacific Islands Region;
telephone: (808) 944-2277; fax: (808) 944-2142; e-mail:
jayne.lefors@noaa.gov.
SUPPLEMENTARY INFORMATION:
Public Scoping Meetings - Specific Times and Locations
The Honolulu, Oahu, HI scoping meeting: October 17, 2006, 6 p.m. -
9 p.m. The meeting location is the McCoy Pavilion, Ala Moana Regional
Park, 1201 Ala Moana Boulevard, Honolulu, HI, 96814, telephone: (808)
823-1636.
The Kapa'a, Kauai, HI scoping meeting: October 19, 2006, 6 p.m. - 9
p.m. The meeting location is the Aloha Beach Resort Kauai, Pi'ikoi
Room, 3-5920 Kuhio Highway, Kapa'a, HI, 96746, telephone: (808) 823-
1636.
The Kihei, Maui, HI scoping meeting: October 25, 2006, 6 p.m. - 9
p.m. The meeting location is the Hawaiian Islands Humpback Whale
National Marine Sanctuary, Headquarters office, 726 S. Kihei Road,
Kihei, HI, 96753, telephone: (808) 879-2818 or (800) 831-4888.
The Kailua-Kona, HI scoping meeting: October 26, 2006, 6 p.m. - 9
p.m. The meeting location is King Kamehameha's Kona Beach Hotel, 75-
5660 Palani Road, Kailua-Kona, HI, 96740, telephone: (808) 329-2911.
These meetings are accessible to people with disabilities. Requests
for sign language interpretation or other auxiliary aids should be
directed to Jayne LeFors, (808) 944-2277 or fax (808) 944-2142 at least
5 days before the scheduled meeting date.
Background
Viewing wild marine mammals in Hawaii is a popular recreational
activity for both tourists and residents alike. In the past, most
efforts focused on viewing humpback whales (Megaptera novaeangliae)
during the winter months when the whales migrate from their feeding
grounds off the coast of Alaska to Hawaii's warm and protected waters
to breed and calve. However, in recent years, increasing efforts have
focused on viewing small cetaceans, with a particular emphasis on
Hawaiian spinner dolphins (Stenella longirostris), which can be
routinely found close to shore in shallow coves and bays throughout the
main Hawaiian Islands. NMFS has received an increasing number of
complaints from constituents charging that spinner dolphins are being
routinely disturbed by people attempting to closely approach and
interact with the dolphins by vessel (motor powered or kayak) or in the
water (``swim-with-wild-dolphin'' activities). Concerns have been
expressed by officials from the Hawaii Department of Land and Natural
Resources and the U.S. Marine Mammal Commission (MMC), as well as
various members of the public, including representatives of the Native
Hawaiian community, scientific researchers, wildlife conservation
organizations, public display organizations, and some commercial tour
operators.
NMFS encourages members of the public to view and enjoy Hawaiian
spinner dolphins, and supports responsible wildlife viewing as
articulated in agency guidelines (see web citation below). However,
activities currently conducted by individuals and by commercial ``swim-
with'' programs frequently do not operate in accordance with these
guidelines. NMFS is concerned that activities occurring in Hawaii have
the potential to cause detrimental individual and population-level
impacts to these dolphins.
Hawaiian spinner dolphins routinely utilize shallow coves and bays
close to shore during the day to rest, care for their young, and avoid
predators, before traveling to deeper water at night to hunt for food.
As the dolphins begin or end their resting period in a bay, they engage
in aerial spinning and leaping behaviors that are noticeable from
shore. However, when they are in a period of deep rest, their behavior
consists of synchronous dives and extended periods swimming in quiet
formation along the shallow bottom (Norris and Dohl 1980; Norris et
al., 1985; Wells and Norris 1994; Wursig et al. 1994).
Scientific research studies have documented the effects of human
disturbance on dolphins. In a recently published study conducted at
Oahu's Makua Beach, Danil et al. (2005) found that Hawaiian spinner
dolphins departed the resting bay earlier and spent shorter diving
periods, which was indicative of delayed or compressed resting
behavior, while swimmers were present in the bay.
Additionally, a study in western Australia documented a significant
decline in wild bottlenose dolphin (Tursiops sp.) abundance resulting
from long-term exposure to dolphin tour operations (Bejder et al.,
2006; Bejder et al., In press). While there are some major differences
between bottlenose dolphins and spinner dolphins, their responses to
exposure to tour operations would likely be similar. The authors
suggest that similar declines would be devastating for small, closed,
resident, or endangered cetacean populations like spinner dolphins.
Current MMPA Prohibitions and NMFS Guidelines and Regulations
The Marine Mammal Protection Act of 1972, 16 U.S.C. 1361 et seq.
(MMPA) prohibits the ``take'' of marine mammals. Section 3(13) of the
MMPA defines the term ``take'' as ``to harass, hunt, capture, or kill,
or attempt to harass, hunt, capture, or kill any marine mammal.''
Section 3(18)(A) of the MMPA defines the term ``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; or (ii) has
the potential to disturb a marine mammal or marine mammal stock in the
wild by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering.''
In addition, NMFS regulations implementing the MMPA have amended
the term ``take'' to include ``the negligent or intentional operation
of an aircraft or vessel, or the doing of any other negligent or
intentional act which results in disturbing or molesting a marine
mammal; and feeding or attempting to feed a marine mammal in the wild''
(50 CFR 216.3).
Although Hawaiian spinner dolphins are not a listed species under
the Endangered Species Act (ESA), NMFS has implemented specific
regulations for some ESA-listed marine mammals which address
interactions with humans in the wild. These regulations prohibit
approaches closer than 100 yards (91.4 m) to humpback whales in Hawaii
and Alaska, and approaches closer than 500 yards (460 m) to right
whales in the North Atlantic (50 CFR 224.103), as well as approaches
within 3 nautical miles (5.5 km) of particular Steller sea lion
(Eumetopias jubatus) rookeries in the Aleutian Islands and Gulf of
Alaska (50 CFR 223.202). However, specific approach distance
regulations have not yet been implemented under the MMPA for other
species of marine mammals.
The MMPA provides limited exceptions to the prohibition on ``take''
for activities such as scientific research, public display, and
incidental take in commercial fisheries. Such activities require a
permit or authorization, which may be issued after a thorough agency
review. In some cases, the activities requiring a permit and receiving
agency review (e.g., photo identification research) are significantly
less intrusive than certain known tourist activities (e.g., swimming
with wild dolphins). However, the MMPA does not provide an exception to
the ``take'' prohibition for commercial or recreational wildlife
[[Page 57925]]
viewing activities, so they are not eligible for permits or
authorizations. Instead, wildlife viewing should be conducted in a
manner that does not cause ``take,'' which is consistent with the
general philosophy of responsible wildlife viewing to unobtrusively
observe the natural behavior of wild animals in their habitats without
causing disturbance.
Each of the five NMFS Regions has developed recommended viewing
guidelines to educate the general public on how to responsibly view
marine mammals in the wild and avoid causing a ``take'' by
``harassment.'' The guidelines developed by the NMFS Pacific Islands
Regional Office for marine wildlife in Hawaii are available at: https://
www.nmfs.noaa.gov/pr/education/hawaii/.
The guidelines for Hawaii recommend that people view wild dolphins
from a safe distance of at least 50 yards (45 m) and to refrain from
trying to chase, closely approach, surround, swim with, or touch the
animals. To support the guidelines in Hawaii, NMFS has partnered with
the State of Hawaii and the Hawaiian Islands Humpback Whale National
Marine Sanctuary over the past several years to promote safe and
responsible wildlife viewing practices through the development of
outreach materials, training workshops, and public service
announcements. NMFS' education and outreach efforts have also been
supported by a partnership with the Watchable Wildlife program, a
consortium of Federal and state wildlife agencies and wildlife interest
groups that encourages passive viewing of wildlife from a distance for
the safety and well-being of both animals and people (Duda 1995,
Oberbillig 2000, Clark 2006).
However, despite the regulations, guidelines, and outreach efforts,
extensive interactions with wild spinner dolphins continue to occur in
Hawaii. Advertisements on the internet and in local media in Hawaii
promote activities that clearly contradict the NMFS guidelines and
appear to depict harassment of the animals. NMFS has also received
inquiries from members of the public and commercial tour operators
requesting clarification on NMFS' policy and the MMPA restrictions on
closely approaching, swimming with, or interacting with wild cetaceans.
In response to the concerns expressed about spinner dolphin
disturbance, NMFS published an Advance Notice of Proposed Rulemaking
(ANPR) on December 12, 2005 (70 FR 73426) to alert the public that it
would be considering whether to implement additional regulations or
other conservation measures as appropriate to protect wild spinner
dolphins in the main Hawaiian Islands from people attempting to closely
approach and interact with the dolphins by vessel (motor powered or
kayak) or in the water (``swim-with-wild-dolphin'' activities). The
ANPR with the complete background information can be found at https://
swr.nmfs.noaa.gov/pir/index.htm along with the scientific literature
cited.
Public comment was solicited on a range of alternatives being
considered to address the issue. A total of 191 comments were received
from a wide range of stakeholders and recommended a variety of actions
for NMFS to consider, ranging from no regulations to permanent closure
of areas the dolphins use for resting and shelter. Based upon the
comments received during this process, the original alternatives were
further refined to provide a basis for the alternatives to be analyzed
in the EIS.
The EIS will consider the proposed action and several alternatives
to protect wild spinner dolphins in the main Hawaiian Islands from
human activities that may result in their unauthorized taking, or that
may cause detrimental individual or population-level impacts by
diminishing the value of habitat they routinely use for resting. NMFS
is seeking public comment on both the proposed action and the
preliminary alternatives during the public scoping period, and
encourages the public to submit information on these and other
potential alternatives for consideration.
Proposed Action
NMFS has identified the proposed action as instituting partial
(time-area based) closures for certain specified spinner dolphin
resting habitat (or a subset thereof) in the main Hawaiian Islands.
Under the proposed action, NMFS would identify the primary areas
utilized by spinner dolphins for resting habitat on each of the main
Hawaiian Islands, and would institute closures of these areas during
certain time periods. Closure types to be considered could include
entire bays, but only during peak spinner dolphin resting hours (e.g.,
between 9 a.m. and 2 p.m.), or closures only within specified zones
within spinner dolphin resting habitat (e.g., as demarcated by buoys).
Such closures would attempt to provide optimal protection for spinner
dolphins and their resting habitat, while minimizing the impact on
ocean users. Exemptions within certain bays for harbors transit
(ingress and egress of vessels), traditional cultural practices,
fishing activities, emergency situations, and other activities would be
considered.
Alternatives
NMFS has also identified four additional alternatives to the
proposed action: (1) maintaining the status quo (the No Action
alternative); (2) establishing a minimum distance limit inside which
approach of spinner dolphins would be unlawful; (3) regulating certain
specified human behavior within NMFS-identified spinner dolphin resting
habitat; and (4) instituting a complete closure of NMFS-identified
spinner dolphin resting habitat (or a subset thereof).
Alternative 1
Under the No Action alternative, which is required by CEQ
regulations (40 CFR 1502.14), NMFS would take no additional regulatory
action to protect spinner dolphins from human activities in the main
Hawaiian Islands, thereby perpetuating the status quo. The current
``take'' provisions of the MMPA and its implementing regulations would
be the mechanisms through which unlawful interactions with spinner
dolphins would be addressed. Under the No Action alternative, the
current (and increasing) frequency and intensity of human interactions
with spinner dolphins would likely continue.
Alternative 2
Alternative 2 would establish a minimum distance limit, similar to
minimum approach rules for humpback whales in Hawaii (50 CFR
224.103(a)) and Alaska (50 CFR 224.103(b)), and for right whales in the
North Atlantic (50 CFR 224.103(c), within which approaching spinner
dolphins in the main Hawaiian Islands, by any means, would be unlawful.
Such a limit would attempt to accommodate a reasonable level of dolphin
viewing opportunities while minimizing potential detrimental impacts
from human interactions. NMFS may consider the current Pacific Islands
Regional Responsible Marine Wildlife Viewing guideline of 50 yards (45
m). NMFS may also consider exemptions for situations in which approach
within the established limit is not reasonably avoidable (e.g., when
human safety is at risk).
Alternative 3
Alternative 3 would regulate human behavior while in NMFS-
identified spinner dolphin resting areas in the main Hawaiian Islands.
This alternative would reiterate all activities currently prohibited by
the MMPA and its implementing regulations, but would also prohibit
other specified human activities, such as swimming with spinner
dolphins. This alternative would also prohibit specified watercraft
[[Page 57926]]
(motor vessels, personal thrillcraft, kayaks, etc.) activities, such as
placing a vessel in the predictable path of spinner dolphins in order
to facilitate an encounter; as well as regulate watercraft travel
(e.g., speed restrictions) within spinner dolphin resting areas.
Alternative 4
Alternative 4 would adopt a very restrictive approach by
identifying all known spinner dolphin resting areas in the main
Hawaiian Islands and institute a complete closure in these areas to all
commercial and non-commercial activities. Exemptions within certain
bays for harbors transit (ingress and egress of vessels) and emergency
situations would be considered.
Public Involvement and the Scoping Process
NMFS' intent is to afford an opportunity for the public to
participate in this process, including interested citizens, commercial
operators, and environmental organizations; any affected low-income or
minority populations; affected local state, and Federal agencies; and
any other agencies with jurisdiction or special expertise concerning
environmental impacts to be addressed in the EIS.
NMFS will hold public scoping meetings and accept oral and written
comments on the scope of issues that should be addressed in the EIS; to
determine the issues of concern with respect to practical
considerations involved in applying the proposed regulations; to
identify relevant environmental and socioeconomic issues to be
addressed in the analysis; and to determine whether NMFS is addressing
the appropriate range of alternatives. The public, as well as Federal,
state, and local agencies, are encouraged to participate in this
scoping process. The dates and locations of these meetings appear in
this Federal Register notice (See SUPPLEMENTARY INFORMATION). The
agency also invites the public to submit comments by e-mail or regular
mail (See ADDRESSES).
Authority: Authority: 16 U.S.C. 1361 et seq.
References
Bejder, L., Samuels, A., Whitehead, H. and Gales, N. 2006.
Interpreting short-term behavioural responses to disturbance within a
longitudinal perspective.
Animal Behaviour. Doi: 10.1016/j.anbehav.2006.04.003
Bejder, L., A. Samuels, H. Whitehead, N. Gales, J. Mann, R. Connor,
M. Heithaus, J. Watson-Capps, C. Flaherty, and M. Krutzen. In press.
Decline in relative abundance of bottlenose dolphins exposed to long-
term disturbance. Conservation Biology, in press.
Clark, J.L. 2006. Hawai'i Wildlife Viewing Guide. Adventure
Publications, Cambridge, Minnesota. 179 pp.
Danil, K., D. Maldini, and K. Marten. 2005. Patterns of use of
Maku'a Beach, O'ahu, Hawai'i, by spinner dolphins (Stenella
longirostris) and potential effects of swimmers on their behavior.
Aquatic Mammals, 31(4): 403-412.
Duda, Mark D. 1995. Watching Wildlife: Tips, Gear and Great Places
for Enjoying America's Wild Creatures. Falcon Press Publishing Co.,
Helena and Billlings, MT. 117 pp.
Marine Mammal Protection Act of 1972. 16 U.S.C. et seq. and 50 CFR
part 216.
Norris, K.S. and T.P. Dohl. 1980. Behavior of the Hawaiian spinner
dolphin, Stenella longirostris. Fishery Bulletin, 77(4): 821-849.
Norris, K.S., B. Wursig, R.S. Wells, S.M. Brownlee, C. Johnson, and
J. Solow. 1985. The behavior of the Hawaiian spinner dolphin, Stenella
longirostris. NMFS Southwest Fisheries Science Center Administrative
Report No. LJ-85-06C. 213 pp.
Oberbillig, D.E. 2000. Providing positive Wildlife Viewing
Experiences: A Practical Handbook. Watchable Wildlife, Inc., Colorado
Division of Wildlife Publication. 68 pp.
Wells, R.S. and K.S. Norris. 1994. The island habitat. In: K.S.
Norris, B. Wursig, R.S. Wells, and M. Wursig (Eds.), The Hawaiian
Spinner Dolphin. University of California Press, Berkeley. Pp.31-53.
Wursig, B., R.S. Wells, K.S. Norris, and M. Wursig. 1994. A spinner
dolphin's day. In: K.S. Norris, B. Wursig, R.S. Wells, and M. Wursig
(Eds.), The Hawaiian Spinner Dolphin. University of California Press,
Berkeley. Pp. 65-102.
Dated: September 26, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6-16202 Filed 9-29-06; 8:45 am]
BILLING CODE 3510-22-S
