Notice of Public Hearings for Measures to End Bottomfish Overfishing in the Hawaii Archipelago, 25558-25559 [E6-6502]
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25558
Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
conclusion of each calendar year. This
report must contain;
(1) An estimate of the number of
marine mammals disturbed by the
authorized activities,
(2) Results of the monitoring required
in § 216.115 (b), and (c) any additional
information required by the Letter of
Authorization. A final annual
monitoring report must be submitted to
the NMFS within 30 days after receiving
comments from NMFS on the draft
report. If no comments are received
from NMFS, the draft report will be
considered to be the final annual
monitoring report.
(d) A draft comprehensive monitoring
report on all marine mammal
monitoring and research conducted
during the period of these regulations
must be submitted to the Director,
Office of Protected Resources, NMFS at
least 120 days prior to expiration of this
subpart or 120 days after the expiration
of this subpart if renewal of this subpart
will not be requested. A final
comprehensive monitoring report must
be submitted to the NMFS within 30
days after receiving comments from
NMFS on the draft report. If no
comments are received from NMFS, the
draft report will be considered to be the
final comprehensive monitoring report.
§ 216.116 Applications for Letters of
Authorization.
To incidentally take marine mammals
pursuant to this subpart, the U.S. citizen
(as defined by § 216.103) conducting the
activity identified in § 216.110(a)
(MBNMS) must apply for and obtain
either an initial Letter of Authorization
in accordance with §§ 216.117 or a
renewal under § 216.118.
rwilkins on PROD1PC63 with PROPOSAL
§ 216.117
Letter of Authorization.
(a) A Letter of Authorization, unless
suspended or revoked, will be valid for
a period of time not to exceed the period
of validity of this subpart, but must be
renewed annually subject to annual
renewal conditions in § 216.118.
(b) Each Letter of Authorization will
set forth:
(1) Permissible methods of incidental
taking;
(2) Means of effecting the least
practicable adverse impact on the
species, its habitat, and on the
availability of the species for
subsistence uses (i.e., mitigation); and
(3) Requirements for mitigation,
monitoring and reporting.
(c) Issuance and renewal of the Letter
of Authorization will be based on a
determination that the total number of
marine mammals taken by the activity
as a whole will have no more than a
negligible impact on the affected species
or stock of marine mammal(s).
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16:26 Apr 28, 2006
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(d) The U.S. Citizen, i.e., the MBNMS,
operating under an LOA must clearly
describe in any permits issued to the
individuals conducting fireworks
displays, any requirements of the LOA
that the individuals conducting
fireworks are responsible for.
§ 216.118 Renewal of Letters of
Authorization.
(a) A Letter of Authorization issued
under § 216.106 and § 216.117 for the
activity identified in § 216.110(a) will be
renewed annually upon:
(1) Notification to NMFS that the
activity described in the application
submitted under § 216.116 will be
undertaken and that there will not be a
substantial modification to the
described work, mitigation or
monitoring undertaken during the
upcoming 12 months;
(2) Timely receipt of the monitoring
reports required under § 216.115(b), and
the Letter of Authorization issued under
§ 216.117, which has been reviewed and
accepted by NMFS; and
(3) A determination by the NMFS that
the mitigation, monitoring and reporting
measures required under § 216.114 and
the Letter of Authorization issued under
§§ 216.106 and 216.117, were
undertaken and will be undertaken
during the upcoming annual period of
validity of a renewed Letter of
Authorization.
(b) If a request for a renewal of a
Letter of Authorization issued under
§§ 216.106 and 216.118 indicates that a
substantial modification to the
described work, mitigation or
monitoring undertaken during the
upcoming season will occur, the NMFS
will provide the public a period of 30
days for review and comment on the
request. Review and comment on
renewals of Letters of Authorization are
restricted to:
(1) New cited information and data
indicating that the determinations made
in this document are in need of
reconsideration, and
(2) Proposed changes to the mitigation
and monitoring requirements contained
in these regulations or in the current
Letter of Authorization.
(c) A notice of issuance or denial of
a renewal of a Letter of Authorization
will be published in the Federal
Register.
§ 216.119 Modifications to Letters of
Authorization.
(a) Except as provided in paragraph
(b) of this section, no substantive
modification (including withdrawal or
suspension) to the Letter of
Authorization by NMFS, issued
pursuant to §§ 216.106 and 216.117 and
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subject to the provisions of this subpart
shall be made until after notification
and an opportunity for public comment
has been provided. For purposes of this
paragraph, a renewal of a Letter of
Authorization under § 216.118, without
modification (except for the period of
validity), is not considered a substantive
modification.
(b) If the Assistant Administrator
determines that an emergency exists
that poses a significant risk to the wellbeing of the species or stocks of marine
mammals specified in § 216.110(b), a
Letter of Authorization issued pursuant
to §§ 216.106 and 216.117 may be
substantively modified without prior
notification and an opportunity for
public comment. Notification will be
published in the Federal Register
within 30 days subsequent to the action.
[FR Doc. E6–6504 Filed 4–28–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[I.D. 042406G]
Notice of Public Hearings for Measures
to End Bottomfish Overfishing in the
Hawaii Archipelago
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration, (NOAA),
Commerce.
ACTION: Notice of public hearings.
AGENCY:
SUMMARY: NMFS announces three
public hearings on the Draft
Supplemental Environmental Impact
Statement, Bottomfish and Seamount
Groundfish Fisheries of the Western
Pacific Region, Measures to End
Bottomfish Overfishing in the Hawaii
Archipelago (DSEIS). The DSEIS was
prepared pursuant to the National
Environmental Policy Act of 1969
(NEPA), as amended, the Council on
Environmental Quality NEPA
regulations, and NOAA Administrative
Order Series 216–6 Environmental
Review Procedures for Implementing
the National Environmental Policy Act.
DATES: The public hearings will be held
May 18, 22, and 25, 2005, respectively.
For specific dates, times and locations
of the public hearings, and the agenda
see SUPPLEMENTARY INFORMATION.
ADDRESSES: The DSEIS is accessible
electronically through the NMFS Pacific
Islands Regional Office Web site at
https://swr.nmfs.noaa.gov/pir or at the
Western Pacific Fishery
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Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Proposed Rules
Management Council (Council)
website at https://www/wpcouncil.org.
State of Hawaii public libraries were
provided with copies of the DSEIS to be
made available for inspection. Copies of
the DSEIS may also be obtained from
Keith Schultz, NEPA Specialist; 1601
Kapiolani Boulevard, Suite 1110,
Honolulu, HI 96814, 808–944–2276.
Please specify when requesting if you
would prefer a hard copy of the
document, otherwise a CD may be
provided. State of Hawaii public
libraries were also provided with copies
of the DSEIS.
Comments or questions submitted on
the DSEIS must be received by May 30,
2006. Written comments should be
submitted by mail to: William L.
Robinson, Pacific Islands Regional
Administrator, National Marine
Fisheries Service, 1601 Kapiolani Blvd.,
Honolulu, HI 96814. Comments may be
submitted by facsimile (fax) to 808–973–
2941. Electronic comments may be
submitted by e-mail to include in the
comment subject line the following
document identifier: Bottomfish
Overfishing DSEIS, or through the
internet at the Federal eRulemaking
Portal: https://www.regulations.gov.. A
copy of your comments should be
submitted to Rodney F. Weiher, PhD.,
NEPA Coordinator, by mail to the
NOAA Strategic Planning Office (PPI/
SP), SSMC3, Room 15603, 1315 EastWest Highway, Silver Spring, Maryland
20910; by fax to 301–713–0585; or by email to nepa.comments@noaa.gov.
The public comment period began on
April 14, 2006, with the publication of
the Notice of Availability of the DSEIS
in the Federal Register by the
Environmental Protection Agency and
will continue until May 30, 2006.
Written and oral comments will be
given equal weight, and NMFS will
consider all comments received by May
30, 2006, in preparing the Final
Supplemental Environmental Impact
Statement. Comments received after that
date will be considered to the extent
practicable.
FOR FURTHER INFORMATION CONTACT:
For
rwilkins on PROD1PC63 with PROPOSAL
general information on the NEPA
process or to request a copy of the
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18:26 Apr 28, 2006
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25559
DSEIS, contact: Keith Schultz, NEPA
Specialist, as indicated in the
ADDRESSES section of this document.
SUPPLEMENTARY INFORMATION:
the targeting, possession, landing, or
selling of any of Hawaii’s Deep 7
bottomfish species from Middle and
Penguin Banks.
Background Information
On May 27, 2005, the Regional
Administrator for the NMFS Pacific
Islands Region notified the Council that
overfishing of the bottomfish species
complex is occurring within the
Hawaiian Archipelago. In accordance
with the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the Council is
preparing an amendment to the
Bottomfish FMP to end overfishing in
the bottomfish complex in the Hawaiian
Archipelago. Bottomfish in the
Hawaiian Archipelago are a collection,
or complex, of deep-slope snappers,
groupers, and jacks. The primary
species addressed in the DSEIS are the
‘‘Deep 7’’ bottomfish species. The Deep
7 bottomfish species are: onaga (Etelis
corsucans), ehu (Eetelis carbunculus),
gindai (Pristipomoides zonatus),
kalekale (Pristipomoides sieboldii),
hapuupuu (Epinephelus quernus),
opakapaka (Pristipomoides
filamentosus), and lehi (Aphareus
rutilans). The DSEIS examines Hawaii’s
bottomfish fisheries, describes the
alternatives being considered to end the
overfishing, and identifies the impacts
associated with each alternative.
Guideline Hearing Agenda
Proposed Federal Action
The proposed Federal action in the
DSEIS is the approval of an amendment
to end overfishing of Hawaii’s
archipelagic bottomfish multi-species
stock complex by the Secretary of
Commerce and the implementation and
enforcement of the amendment’s
regulatory measures by NMFS. The
proposed Federal action in the DSEIS
would be the implementation of a
seasonal closure between May 1 and
August 31 prohibiting the targeting,
possession, landing, or selling of any of
Hawaii’s Deep 7 bottomfish species.
However, if the State of Hawaii does not
commit to promulgate seasonal closure
regulations, the proposed Federal action
would be the implementation of a
closure of Middle and Penguin Banks to
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All attendees wishing to comment
during the public hearing must register
during the registration period for the
hearing.
Availability of the DSEIS
The following format will be used as
a guideline for conducting the hearing.
1. Open the Hearing
2. Introductions and Hearing
Procedures
3. Presentation of the Proposed Action
and the Alternatives
4. Opportunity for Public to Ask
Questions to Clarify Points Made in the
Presentation
5. Public Comment
6. Close the Hearing
Dates, Times and Locations of Public
Hearings
(1) Maui, HI—Thursday, May 18,
2006, from 7–9 p.m., at the Maui Beach
Hotel, 170 Maahumanu Ave., Maui,
island of Maui Beach Hotel, 170
Kaahumanu Avenue, Kahului, HI 96732;
(2) Kauai, HI—Monday, May 22, 2006,
from 7–9 p.m., at the Chiefess
Kamakahelei Middle School, 4431
Nuhou St, Lihue, HI 96766; and
(3) Honolulu, HI—Thursday, May 25,
2006, from 7–9 p.m. at the Ala Moana
Hotel, 410 Atkinson Drive, Honolulu,
Oahu.
Special Accommodations
These hearings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Keith Schultz,
808–944–2276, at least five (5) business
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 25, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–6502 Filed 4–28–06; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 83 (Monday, May 1, 2006)]
[Proposed Rules]
[Pages 25558-25559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6502]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[I.D. 042406G]
Notice of Public Hearings for Measures to End Bottomfish
Overfishing in the Hawaii Archipelago
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, (NOAA), Commerce.
ACTION: Notice of public hearings.
-----------------------------------------------------------------------
SUMMARY: NMFS announces three public hearings on the Draft Supplemental
Environmental Impact Statement, Bottomfish and Seamount Groundfish
Fisheries of the Western Pacific Region, Measures to End Bottomfish
Overfishing in the Hawaii Archipelago (DSEIS). The DSEIS was prepared
pursuant to the National Environmental Policy Act of 1969 (NEPA), as
amended, the Council on Environmental Quality NEPA regulations, and
NOAA Administrative Order Series 216-6 Environmental Review Procedures
for Implementing the National Environmental Policy Act.
DATES: The public hearings will be held May 18, 22, and 25, 2005,
respectively. For specific dates, times and locations of the public
hearings, and the agenda see SUPPLEMENTARY INFORMATION.
ADDRESSES: The DSEIS is accessible electronically through the NMFS
Pacific Islands Regional Office Web site at https://swr.nmfs.noaa.gov/
pir or at the Western Pacific Fishery
[[Page 25559]]
Management Council (Council) website at https://www/wpcouncil.org.
State of Hawaii public libraries were provided with copies of the DSEIS
to be made available for inspection. Copies of the DSEIS may also be
obtained from Keith Schultz, NEPA Specialist; 1601 Kapiolani Boulevard,
Suite 1110, Honolulu, HI 96814, 808-944-2276. Please specify when
requesting if you would prefer a hard copy of the document, otherwise a
CD may be provided. State of Hawaii public libraries were also provided
with copies of the DSEIS.
Comments or questions submitted on the DSEIS must be received by
May 30, 2006. Written comments should be submitted by mail to: William
L. Robinson, Pacific Islands Regional Administrator, National Marine
Fisheries Service, 1601 Kapiolani Blvd., Honolulu, HI 96814. Comments
may be submitted by facsimile (fax) to 808-973-2941. Electronic
comments may be submitted by e-mail to include in the comment subject
line the following document identifier: Bottomfish Overfishing DSEIS,
or through the internet at the Federal eRulemaking Portal: https://
www.regulations.gov.. A copy of your comments should be submitted to
Rodney F. Weiher, PhD., NEPA Coordinator, by mail to the NOAA Strategic
Planning Office (PPI/SP), SSMC3, Room 15603, 1315 East-West Highway,
Silver Spring, Maryland 20910; by fax to 301-713-0585; or by e-mail to
nepa.comments@noaa.gov.
The public comment period began on April 14, 2006, with the
publication of the Notice of Availability of the DSEIS in the Federal
Register by the Environmental Protection Agency and will continue until
May 30, 2006. Written and oral comments will be given equal weight, and
NMFS will consider all comments received by May 30, 2006, in preparing
the Final Supplemental Environmental Impact Statement. Comments
received after that date will be considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: For general information on the NEPA
process or to request a copy of the DSEIS, contact: Keith Schultz, NEPA
Specialist, as indicated in the ADDRESSES section of this document.
SUPPLEMENTARY INFORMATION:
Background Information
On May 27, 2005, the Regional Administrator for the NMFS Pacific
Islands Region notified the Council that overfishing of the bottomfish
species complex is occurring within the Hawaiian Archipelago. In
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the Council is preparing an
amendment to the Bottomfish FMP to end overfishing in the bottomfish
complex in the Hawaiian Archipelago. Bottomfish in the Hawaiian
Archipelago are a collection, or complex, of deep-slope snappers,
groupers, and jacks. The primary species addressed in the DSEIS are the
``Deep 7'' bottomfish species. The Deep 7 bottomfish species are: onaga
(Etelis corsucans), ehu (Eetelis carbunculus), gindai (Pristipomoides
zonatus), kalekale (Pristipomoides sieboldii), hapuupuu (Epinephelus
quernus), opakapaka (Pristipomoides filamentosus), and lehi (Aphareus
rutilans). The DSEIS examines Hawaii's bottomfish fisheries, describes
the alternatives being considered to end the overfishing, and
identifies the impacts associated with each alternative.
Proposed Federal Action
The proposed Federal action in the DSEIS is the approval of an
amendment to end overfishing of Hawaii's archipelagic bottomfish multi-
species stock complex by the Secretary of Commerce and the
implementation and enforcement of the amendment's regulatory measures
by NMFS. The proposed Federal action in the DSEIS would be the
implementation of a seasonal closure between May 1 and August 31
prohibiting the targeting, possession, landing, or selling of any of
Hawaii's Deep 7 bottomfish species. However, if the State of Hawaii
does not commit to promulgate seasonal closure regulations, the
proposed Federal action would be the implementation of a closure of
Middle and Penguin Banks to the targeting, possession, landing, or
selling of any of Hawaii's Deep 7 bottomfish species from Middle and
Penguin Banks.
Guideline Hearing Agenda
All attendees wishing to comment during the public hearing must
register during the registration period for the hearing.
Availability of the DSEIS
The following format will be used as a guideline for conducting the
hearing.
1. Open the Hearing
2. Introductions and Hearing Procedures
3. Presentation of the Proposed Action and the Alternatives
4. Opportunity for Public to Ask Questions to Clarify Points Made
in the Presentation
5. Public Comment
6. Close the Hearing
Dates, Times and Locations of Public Hearings
(1) Maui, HI--Thursday, May 18, 2006, from 7-9 p.m., at the Maui
Beach Hotel, 170 Maahumanu Ave., Maui, island of Maui Beach Hotel, 170
Kaahumanu Avenue, Kahului, HI 96732;
(2) Kauai, HI--Monday, May 22, 2006, from 7-9 p.m., at the Chiefess
Kamakahelei Middle School, 4431 Nuhou St, Lihue, HI 96766; and
(3) Honolulu, HI--Thursday, May 25, 2006, from 7-9 p.m. at the Ala
Moana Hotel, 410 Atkinson Drive, Honolulu, Oahu.
Special Accommodations
These hearings are physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Keith Schultz, 808-944-2276, at
least five (5) business days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 25, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-6502 Filed 4-28-06; 8:45 am]
BILLING CODE 3510-22-S
