[Federal Register Volume 70, Number 248 (Wednesday, December 28, 2005)]
[Notices]
[Pages 76780-76783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7989]
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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
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of Intent to prepare environmental impact statement.
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SUMMARY: The National Marine Fisheries Service (NMFS) announces its
intent to prepare an Environmental Impact Statement (EIS) to analyze
the environmental impacts of administering grants and issuing permits
associated 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
human-induced 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,
[[Page 76781]]
Fax: 301-427-2583 or e-mail at [email protected].
SUPPLEMENTARY INFORMATION: NMFS is the Federal agency responsible for
management of Steller sea lions and northern fur seals under the ESA
and the MMPA. NMFS currently administers grants and issues permits to
various individuals and institutions to conduct research on Steller sea
lions and northern fur seals in lands and waters under U.S.
jurisdiction.
The grant monies administered by NMFS have been designated by
Congress and allocated within NMFS annual budgets for the purpose of
facilitating research on Steller sea lions and northern fur seals. The
agency has determined that the act of awarding grants is a federal
action requiring NEPA compliance. Similarly, issuance of permits for
research activities on marine mammals is a federal action requiring
NEPA compliance. These permits are issued pursuant to the provisions of
the ESA, the MMPA, and NMFS regulations implementing these statutes.
This EIS would satisfy the NEPA compliance requirements for awarding
grants and issuing permits for research on Steller sea lions and
northern fur seals.
The statutory requirements for permits to allow research on marine
mammals and on threatened and endangered species are described in
Section 104 of the MMPA and Section 10 of the ESA, respectively.
Specifically, Section 104(c)(3)(A) of the MMPA states that NMFS may
issue a permit for scientific research purposes to an applicant, which
submits with its permit application information indicating that the
taking is required to further a bona fide scientific purpose. The MMPA
defines bona fide scientific research as scientific research on marine
mammals, the results of which: (1) likely would be accepted for
publication in a refereed scientific journal; (2) are likely to
contribute to the basic knowledge or marine mammal biology or ecology;
or (3) are likely to identify, evaluate, or resolve conservation
problems. Section 104 of the MMPA specifies additional conditions and
requirements for permits including requiring permit applicants to
demonstrate that the permit will be consistent with the purposes of the
MMPA, which are specified in Section 2 of the statute.
For marine mammals listed as threatened or endangered, the
provisions of Section 10 of the ESA apply to permit issuance in
addition to the provisions of the MMPA. Section 10(a)(1)(A) of the ESA
states that NMFS may issue permits for otherwise prohibited acts for
scientific purposes or to enhance the propagation or survival of the
affected species. Section 10(d) of the ESA further states that NMFS may
grant exceptions under subsection 10(a)(1)(A) only if the agency finds
that: (1) Such exceptions were applied for in good faith, (2) if
granted and exercised will not operate to the disadvantage of such
endangered species, and (3) will be consistent with the purposes and
policies set forth in Section 2 of the Act. The purposes of the ESA,
which are stated in Section 2 of the statute, are to provide a means
whereby the ecosystems upon which endangered and threatened species
depend may be conserved, to provide a program for the conservation of
such endangered and threatened species, and to take such steps as may
be appropriate to achieve the purposes of the treaties and conventions
set forth in section 2(a) of the ESA.
In addition to the requirements of section 10 of the ESA, NMFS must
comply with section 7 of the ESA in issuing permits. According to
Section 7 of the ESA, NMFS must insure that any action it authorizes
(such as by permit), funds (such as by grants), or carries out, is not
likely to jeopardize the continued existence of listed species or
result in destruction or adverse modification of critical habitat.
The purpose of issuing permits is to allow an exemption to the
prohibitions on ``takes'' established under the ESA and MMPA. The ESA
and the MMPA prohibit ``takes'' of threatened and endangered species,
and of marine mammals, respectively. The ESA defines ``take'' as ``to
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or
collect, or to attempt to engage in any such conduct.'' Under the MMPA,
``take'' is defined as to ``harass, hunt, capture, collect or kill, or
attempt to harass, hunt, capture, collect or kill any marine mammal.''
Many research activities, including aerial and vessel-based surveys,
tagging and marking procedures, attachment of scientific instruments,
and collection of tissue samples require approaching or capturing
animals and may result in harassment or other acts prohibited under the
ESA and MMPA except where allowed by permit.
Because some of the proposed research may result in adverse effects
on threatened and endangered Steller sea lions and depleted northern
fur seals, NMFS has decided to prepare an EIS to evaluate the
cumulative impacts of continuing to fund and permit research activities
on these species. This EIS will assess the likely environmental and
socioeconomic effects of funding and permitting research under a range
of alternatives and will address compliance of the alternatives with
the ESA, MMPA, and other applicable laws.
This notice initiates a public scoping period that will help
determine the structure of each alternative considered in the EIS. The
final scope and structure of the alternatives will reflect the combined
input from the public, research institutions, affected state and
federal agencies, and NMFS administrative and research offices. Based
on comments received on Environmental Assessments prepared in 2002 and
2005 for permitting research on Steller sea lions, the following issues
that NMFS is seeking public comments on have been identified and may be
incorporated into the analysis of alternatives in the EIS:
(1) Types of research methods and protocols permitted. For example,
are there critical research needs for these species other than those
identified in the Recovery or Conservation Plans? If so, what are they
and how are they likely to benefit the species? Of the research,
information, and monitoring needs identified in the Recovery and
Conservation Plans, what are the most appropriate methods to conduct
the study or obtain the information? What criteria for developing and
incorporating new research techniques should be used?
(2) Level of research effort. For example, how much of a specific
research activity (e.g., aerial survey, tagging, biopsy sampling, etc.)
is enough for management and conservation needs? Can there be too much?
If so, how should NMFS set limits? Are the current methods to assess
and document numbers of different ``takes'' that occur as a result of
permitted research appropriate? Should there be different standards or
more restrictions placed on research conducted on certain age, sex, or
life-history stages or on the geographic or temporal distribution of
research effort? If so, what should those limitations be?
(3) Coordination of research. For example, assuming permits are
issued to multiple individuals, what are the most appropriate
mechanisms for ensuring research is coordinated to maximize information
and reduce adverse impacts? Alternatively, should NMFS consider
limiting the number of permits to increase coordination and
cooperation? If so, how should this be accomplished? Should researchers
operating under different permits (but studying the same or related
questions such as aerial survey for population census or biopsy for
population
[[Page 76782]]
genetics) be required to use the same or similar methods to ensure the
information collected is comparable and useful for NMFS conservation of
the species? If so, what methods are most appropriate (e.g., for aerial
surveys; capture and restraint; tissue sampling; marking; etc.)? If
not, how should NMFS compare or use the data from various permit
holders in its management decisions?
(4) Effects of research. NMFS will be assessing possible effects of
the various research methods using all appropriate available
information. Anyone having relevant information they believe NMFS
should consider in its analysis should provide a complete citation or
reference for retrieving the information. In addition, NMFS is seeking
recommendations for study designs that could detect or predict the
effects of research on Steller sea lions and northern fur seals.
(5) Qualification of researchers. For example, to ensure the study
is conducted successfully and with the minimum of adverse impacts, how
much prior experience should a permit applicant, principal
investigator, or anyone else operating under a permit have with the
specific methods for which they seek a permit?
(6) Criteria for allowing modifications or amendments to existing
grants and permits; for denying permit amendments; and for suspending
or revoking permits. In addition to the existing statutory and
regulatory criteria for permit issuance and denial, should there be
restrictions on the number or type of permit modifications or
amendments issued over the life of a permit? With respect to
environmental impacts, under what conditions should a permit be
modified, revoked or suspended by NMFS?
The exact number and structure of the alternatives that are
analyzed in the EIS will be determined based on information gathered
during scoping. To provide a framework for public comments, the range
of potential alternatives currently includes the Proposed Action and
several other action alternatives, as well as a No Action alternative.
The Proposed Action alternative would result in issuance of permits to
qualified individuals and institutions to conduct those research
activities determined critical or essential to NMFS' conservation and
recovery of Steller sea lions and northern fur seals. To minimize the
cumulative impacts of research on these species, no permits would be
issued for lower priority research activities until the highest
priority tasks identified for species conservation and recovery were
completed or unless there was sufficient information to determine that
the cumulative impacts of allowing additional takes for research would
not adversely impact, disadvantage, or jeopardize the continued
existence of the species. The Proposed Action could thus be viewed as a
minimum take alternative, allowing the least amount of research
practicable to meet NMFS' needs for recovery and conservation of the
species.
In addition to the Proposed Action, NMFS will consider other
alternatives for issuing permits for research on Steller sea lions and
northern fur seals. One alternative to the Proposed Action is to issue
all permits requested regardless of their relative potential
contribution to conservation and recovery of the species, provided they
meet all permit issuance criteria and would not jeopardize the
continued existence of threatened or endangered species or result in
significant adverse effects on depleted species. In contrast to the
Proposed Action, this could be viewed as the maximum allowable take
alternative.
Another alternative to the Proposed Action is the No Action
alternative, which CEQ regulations require be included for
consideration. The No Action alternative would only allow conduct of
that research on Steller sea lions and northern fur seals already
allowed under existing permits, which are valid through 2010. No new
permits would be issued to replace the expiring permits, nor would
existing permits be amended to allow modifications in research
activities, sample sizes, or objectives.
A fourth alternative considered is the Status Quo. As with the No
Action alternative, the Status Quo alternative would allow conduct of
research on Steller sea lions and northern fur seals already identified
under existing permits, and no permits would be amended to change
research activities, sample sizes, or objectives. However, under the
Status Quo Alternative, new permits would be issued to replace existing
permits as they expire such that the current level of research and
types of research activities would continue. Since the Status Quo would
not allow issuance of permits for any research activities, objectives,
or sample sizes not currently permitted, it would preclude adaptive
changes in the research program that may be responsive to changes in
the population status or threats to the recovery of the species.
The Status Quo and two other alternatives considered by NMFS may be
eliminated from detailed study because they would not allow conduct of
research identified by NMFS as necessary for conservation of the
species. The other two alternatives that may be eliminated from further
study are: (1) imposing a research permit moratorium (i.e., suspending
or revoking existing permits and not issuing new ones) and (2)
suspending all intrusive research activities (i.e., stopping biopsy
sampling, instrument attachment, and other activities that could result
in physical injury). In addition to preventing collection of
information about Steller sea lions and northern fur seals needed for
NMFS conservation and recovery efforts for these species, a research
permit moratorium would hinder NMFS ability to monitor the status of
these populations, which is important in making informed management
decisions. Suspending permits for intrusive research would impede
collection of information on Steller sea lion and northern fur seal
habitat use and population structure which is needed for NMFS'
conservation and recovery efforts for these species.
The EIS will assess the direct and indirect effects of the
alternative approaches to funding and permitting Steller sea lion and
northern fur seal research. The EIS will assess the effects on these
species as well as other components of the marine ecosystem and human
environment. The EIS will assess the contribution of research
activities to the cumulative effects on these resources, including
effects from past, present, and reasonably foreseeable future events
and activities that are external to the research activities. The EIS
will also assess the potential beneficial impacts of the research as it
relates to conservation of Steller sea lions and northern fur seals.
Anyone having relevant information they believe NMFS should consider in
its analysis should provide a description of that information along
with complete citations for supporting documents.
For additional information about Steller seal lions, northern fur
seals, the permit process, and related information for these species,
please visit our website at: http://www.nmfs.noaa.gov/pr/permits/eis/steller.htm.
Scoping Meetings Agenda
Public scoping meetings will be held at the following dates, times,
and locations:
1. January 18, 2006, 1 - 4 p.m., Silver Spring Metro Center,
Building 4, Science Center, 1301 East-West Highway, Silver Spring, MD;
2. January 20, 2006, 4 - 7 p.m., Alaska Fisheries Science Center,
7600 Sand
[[Page 76783]]
Point Way NE, Building 9, Seattle, WA; and
3. January 23, 2006, 5 - 8 p.m., Hilton Anchorage, 501 West 3rd
Avenue, Anchorage, AK.
Comments will be accepted at these meetings as well as during the
scoping period, and can be mailed to NMFS by February 13, 2006 (see FOR
FURTHER INFORMATION CONTACT).
NMFS 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. NMFS requests that you include in your comments:
(1) Your name and address;
(2) Whether or not you would like to receive a copy of the Draft
EIS; and
(3) Any background documents to support your comments as you feel
necessary.
Special Accommodations
These meetings are accessible to people with disabilities. Requests
for sign language interpretation or other auxiliary aids should be
directed to Tammy Adams or Andrew Wright, 301-713-2289 (voice) or 301-
427-2583 (fax), at least 5 days before the scheduled meeting date.
Dated: December 20, 2005.
Stephen L. Leathery,
Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. E5-7989 Filed 12-27-05; 8:45 am]
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