Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 66311-66312 [E6-19190]
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Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
will issue the final results of this
changed circumstances review, which
will include the results of its analysis
raised in any such written comments,
no later than 270 days after the date on
which this review was initiated, or
within 45 days if all parties agree to our
preliminary results. See 19 CFR
351.216(e).
If final revocation occurs, we will
instruct U.S. Customs and Border
Protection to end the suspension of
liquidation for the merchandise covered
by the revocation on the effective date
of the notice of revocation and to release
any cash deposit or bond. See 19 CFR
351.222(g)(4). The current requirement
for a cash deposit of estimated AD
duties on all subject merchandise will
continue unless and until it is modified
pursuant to the final results of this
changed circumstances review.
This initiation and preliminary results
of review and notice are in accordance
with section 751(b) of the Act and 19
CFR 351.216, 351.221, and 351.222.
Dated: November 6, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E6–19185 Filed 11–13–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 110806A]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of a proposal for an
exempted fishing permit to conduct
experimental fishing; request for
comments.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator) has made a
preliminary determination that the
subject exempted fishing permit (EFP)
application submitted by Truex
Enterprises contains all the required
information and warrants further
consideration. This proposed EFP was
first published for public comment on
June 16, 2006. Due to changes in the
EFP proposal from that previously
published, the notice and comment
period is re-initiated. The proposed EFP
VerDate Aug<31>2005
19:07 Nov 13, 2006
Jkt 211001
would test the safety and efficacy of
harvesting surfclams and ocean quahogs
from the Atlantic surfclam and ocean
quahog Georges Bank (GB) Closure Area
using a harvesting protocol developed
by state and Federal regulatory agencies
and endorsed by the U.S. Food and Drug
Administration (FDA). The Assistant
Regional Administrator has also made a
preliminary determination that the
activities authorized under the EFP
would be consistent with the goals and
objectives of the Atlantic Surfclam and
Ocean Quahog regulations and Fishery
Management Plan (FMP). However,
further review and consultation may be
necessary before a final determination is
made to issue the EFP. Therefore, NMFS
announces that the Assistant Regional
Administrator proposes to recommend
that an EFP be issued that would allow
one commercial fishing vessel to
conduct fishing operations that are
otherwise restricted by the regulations
governing the fisheries of the
Northeastern United States. The EFP
would allow for an exemption from the
Atlantic surfclam and ocean quahog GB
Closure Area. Regulations under the
Magnuson-Stevens Fishery
Conservation and Management Act
require publication of this notification
to provide interested parties the
opportunity to comment on applications
for proposed EFPs.
DATES: Comments on this document
must be received on or before November
29, 2006.
ADDRESSES: Comments on this notice
may be submitted by e-mail. The
mailbox address for providing e-mail
comments is DA6114B@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments on GB PSP
Closed Area Exemption.’’ Written
comments should be sent to Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 1 Blackburn
Drive, Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments on
GB PSP Closed Area Exemption.’’
Comments may also be sent via
facsimile (fax) to (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Management
Specialist, phone 978–281–9273.
SUPPLEMENTARY INFORMATION: Truex
Enterprises of New Bedford, MA,
submitted an application for an EFP on
March 30, 2006. Additional information
was received on April 19, 2006,
completing the application. This
proposed EFP was first published in the
Federal Register on June 19, 2006 (71
FR 35254). On October 2, 2006, the
applicant submitted additional
information seeking to add states where
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
66311
the product harvested under the EFP
could be landed. The experimental
fishing application requests
authorization to allow the catch and
retention for sale of Atlantic surfclams
and ocean quahogs from within the
Atlantic surfclam and ocean quahog GB
Closure Area. This area, located east of
69°00 W. long. and south of 42°20 N.
lat., was closed on May 25, 1990. This
closure was implemented based on
advice from the FDA after samples of
surfclams from the area tested positive
for the toxins (saxotoxins) that cause
Paralytic Shellfish Poisoning (PSP).
These toxins are produced by the algae
Alexandrium fundyense which can form
blooms commonly referred to as red
tides. Red tide blooms, also known as
harmful algal blooms (HABs), can
produce toxins that accumulate in filterfeeding shellfish. Shellfish
contaminated with the saxotoxin, if
eaten in large enough quantity, can
cause illness or death from PSP. Due, in
part, to the inability to test and monitor
this area for the presence of PSP, this
closure was made permanent through
Amendment 12 to the FMP in 1999.
The primary goal of the study is to
test the efficacy of the Protocol for
Onboard Screening and Dockside
Testing for PSP Toxins in Molluscan
Shellfish (Protocol) developed by state
and Federal regulatory agencies to test
for presence of saxotoxins in shellfish.
This protocol would facilitate the
harvest of shellfish from waters
susceptible to HABs, which produce the
saxotoxins, but that are not currently
under rigorous water quality monitoring
programs by either state or Federal
management agencies. The Protocol
details procedures and reporting for
harvesting, testing, and landing of
shellfish harvested from areas that are
susceptible to HABs prior to the
shellfish from entering commerce. A
copy of the Protocol is available from
the NMFS Northeast Region website:
https://www.nero.noaa.gov/sfd/clams.
The proposed project would conduct
a trial for the sampling protocol in an
exemption zone within the larger 1990
GB Closure Area with the F/V
Seawatcher. The exemption zone would
not include any Northeast multispecies
or essential fish habitat year-round
closure areas. This proposed exempted
fishing activity would occur from
approximately December 2006 through
March 2007, using surfclam and ocean
quahog quota allocated to Truex
Enterprises under the Federal
individual transferable quota (ITQ)
program. The applicant has estimated a
harvest of 176,000 bushels (9,370,240 L)
of surfclams and 80,000 bushels
(4,259,200 L) of ocean quahogs from the
E:\FR\FM\14NON1.SGM
14NON1
sroberts on PROD1PC70 with NOTICES
66312
Federal Register / Vol. 71, No. 219 / Tuesday, November 14, 2006 / Notices
exemption area. The exemption area
was tested in cooperation with the FDA
in the winter of 2006. No samples
collected during that time were above
acceptable levels for saxotoxins (80µg
toxin/100g of shellfish). In order for the
proposed EFP to be issued, the
applicant would be required to obtain
an endorsement from the state in which
it intends to land the product harvested
under the EFP. The initial application,
submitted on March 30, 2006, only
listed Massachusetts as a possible state
for landing the product. The revised
application includes the initial
preferred state of landing,
Massachusetts, as well as Rhode Island,
New Jersey, and Delaware as possible
states where shellfish harvested under
the EFP could be landed. Each state
would be required to endorse and/or
otherwise explicitly permit the F/V
Seawatcher to land product harvested
under the conditions of the EFP in order
for the EFP to be valid, as each state is
responsible for regulating the molluscan
shellfish industry within its jurisdiction
and ensuring the safety of shellfish
harvested within or entering its borders.
This EFP would allow for an exemption
from the Atlantic surfclam and ocean
quahog GB Closure Area specified at 50
CFR 648.73(a)(4).
During the comment period for the
initial proposed EFP, NMFS received
five comments. One comment was
against the concept of the EFP in
general. Three comments were opposed
to the issuance of the EFP until
concerns regarding the dockside
sampling protocol could be resolved.
One comment, from the Massachusetts
Division of Marine Fisheries, was in
support of the comments regarding the
dockside sampling protocol submitted
by the Massachusetts Department of
Public Health. Although adherence to
the dockside monitoring protocol would
be a condition of the EFP, NMFS is not
the author of the protocol, nor the
Federal agency responsible for matters
of public health, thus NMFS defers
response to issues regarding the
dockside monitoring protocol to the
FDA. However, since the initial public
notification of this EFP, the FDA has
amended the Protocol in response to
concerns raised by state shellfish
control authorities. The Protocol and the
pilot project that would be authorized
by this EFP have also since been
endorsed by the executive board of the
Interstate Shellfish Sanitation
Conference.
Authority: 16 U.S.C. 1801 et seq.
VerDate Aug<31>2005
19:07 Nov 13, 2006
Jkt 211001
Dated: November 8, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–19190 Filed 11–13–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 110206D]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of scientific research
permits.
AGENCY:
SUMMARY: Notice is hereby given that
NMFS has issued Permit 1045
Modification 1 to Dr. Michael H.
Fawcett (M. Fawcett) in Bodega, CA;
and Permit 1046 Modification 2 to the
National Park Service (NPS) in Point
Reyes, CA. This notice is relevant to
federally endangered Central California
Coast coho salmon (Oncorhynchus
kisutch), threatened California Coastal
Chinook salmon (O. tshawytscha),
threatened Northern California
steelhead (O. mykiss), and threatened
Central California Coast steelhead (O.
mykiss).
The applications, permits,
and related documents are available for
review by appointment at: Protected
Resources Division, NMFS, 777 Sonoma
Avenue, Room 315, Santa Rosa, CA
95404 (ph: 707–575–6097, fax: 707–
578–3435, e-mail at:
Jeffrey.Jahn@noaa.gov).
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jeffrey Jahn at 707–575–6097, or e-mail:
Jeffrey.Jahn@noaa.gov.
SUPPLEMENTARY INFORMATION:
Authority
The issuance of permits and permit
modifications, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531–1543) (ESA), is based on a
finding that such permits/modifications:
(1) are applied for in good faith; (2)
would not operate to the disadvantage
of the listed species which are the
subject of the permits; and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA. Authority to take listed species is
subject to conditions set forth in the
permits. Permits and modifications are
issued in accordance with and are
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
subject to the ESA and NMFS
regulations (50 CFR parts 222–226)
governing listed fish and wildlife
permits.
Species Covered in This Notice
This notice is relevant to federally
endangered Central California Coast
coho salmon (Oncorhynchus kisutch),
threatened California Coastal Chinook
salmon (O. tshawytscha), threatened
Northern California steelhead (O.
mykiss), and threatened Central
California Coast steelhead (O. mykiss).
Permits Issued
Permit 1045 Modification 1 was
issued to M. Fawcett on October 30,
2006, authorizing capture (by seine),
handling, sampling and marking (by
collection of fin-clips), and release of
juvenile Central California Coast coho
salmon, California Coastal Chinook
salmon, Northern California steelhead,
and Central California Coast steelhead.
Permit 1045 Modification 1 is for
research to be conducted in the Russian
River and Salmon Creek watersheds in
Sonoma County, California, as well as
numerous coastal streams between
Gualala River and Estero Americano in
Sonoma County, California. Permit 1045
Modification 1 does not authorize take
of adult ESA-listed salmonids or
intentional lethal take of ESA-listed
salmonids. Permit 1045 Modification 1
authorizes unintentional lethal take of
juvenile ESA-listed salmonids
associated with research activities not to
exceed 1 percent of ESA-listed
salmonids captured. The purpose of the
research is to provide scientific
information on the ecology, distribution,
population genetics, and population
abundance of Central California Coast
coho salmon, California Coastal
Chinook salmon, Northern California
steelhead, and Central California Coast
steelhead. Permit 1045 Modification 1
expires on February 28, 2012.
Permit 1046 Modification 2 was
issued to NPS on October 30, 2006,
authorizing capture (by pipe-trap, fykenet trap, electrofishing, dip-net, or
seine), handling, sampling (by
collection of fin-clips, scales, or
stomach contents), marking (using finclips, fin dye, passive integrated
transponder (PIT) tags, or visible
implant elastomer (VIE) tags), and
release of juvenile Central California
Coast coho salmon, California Coastal
Chinook salmon, and Central California
Coast steelhead; and capture (by weirtrap), handling, marking (using
spaghetti-tags), and release of adult
Central California Coast coho salmon,
California Coastal Chinook salmon, and
Central California Coast steelhead.
E:\FR\FM\14NON1.SGM
14NON1
]]>Agencies
[Federal Register Volume 71, Number 219 (Tuesday, November 14, 2006)]
[Notices]
[Pages 66311-66312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19190]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 110806A]
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a proposal for an exempted fishing permit to
conduct experimental fishing; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator)
has made a preliminary determination that the subject exempted fishing
permit (EFP) application submitted by Truex Enterprises contains all
the required information and warrants further consideration. This
proposed EFP was first published for public comment on June 16, 2006.
Due to changes in the EFP proposal from that previously published, the
notice and comment period is re-initiated. The proposed EFP would test
the safety and efficacy of harvesting surfclams and ocean quahogs from
the Atlantic surfclam and ocean quahog Georges Bank (GB) Closure Area
using a harvesting protocol developed by state and Federal regulatory
agencies and endorsed by the U.S. Food and Drug Administration (FDA).
The Assistant Regional Administrator has also made a preliminary
determination that the activities authorized under the EFP would be
consistent with the goals and objectives of the Atlantic Surfclam and
Ocean Quahog regulations and Fishery Management Plan (FMP). However,
further review and consultation may be necessary before a final
determination is made to issue the EFP. Therefore, NMFS announces that
the Assistant Regional Administrator proposes to recommend that an EFP
be issued that would allow one commercial fishing vessel to conduct
fishing operations that are otherwise restricted by the regulations
governing the fisheries of the Northeastern United States. The EFP
would allow for an exemption from the Atlantic surfclam and ocean
quahog GB Closure Area. Regulations under the Magnuson-Stevens Fishery
Conservation and Management Act require publication of this
notification to provide interested parties the opportunity to comment
on applications for proposed EFPs.
DATES: Comments on this document must be received on or before November
29, 2006.
ADDRESSES: Comments on this notice may be submitted by e-mail. The
mailbox address for providing e-mail comments is DA6114B@noaa.gov.
Include in the subject line of the e-mail comment the following
document identifier: ``Comments on GB PSP Closed Area Exemption.''
Written comments should be sent to Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 1 Blackburn Drive,
Gloucester, MA 01930. Mark the outside of the envelope ``Comments on GB
PSP Closed Area Exemption.'' Comments may also be sent via facsimile
(fax) to (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Management
Specialist, phone 978-281-9273.
SUPPLEMENTARY INFORMATION: Truex Enterprises of New Bedford, MA,
submitted an application for an EFP on March 30, 2006. Additional
information was received on April 19, 2006, completing the application.
This proposed EFP was first published in the Federal Register on June
19, 2006 (71 FR 35254). On October 2, 2006, the applicant submitted
additional information seeking to add states where the product
harvested under the EFP could be landed. The experimental fishing
application requests authorization to allow the catch and retention for
sale of Atlantic surfclams and ocean quahogs from within the Atlantic
surfclam and ocean quahog GB Closure Area. This area, located east of
69[deg]00 W. long. and south of 42[deg]20 N. lat., was closed on May
25, 1990. This closure was implemented based on advice from the FDA
after samples of surfclams from the area tested positive for the toxins
(saxotoxins) that cause Paralytic Shellfish Poisoning (PSP). These
toxins are produced by the algae Alexandrium fundyense which can form
blooms commonly referred to as red tides. Red tide blooms, also known
as harmful algal blooms (HABs), can produce toxins that accumulate in
filter-feeding shellfish. Shellfish contaminated with the saxotoxin, if
eaten in large enough quantity, can cause illness or death from PSP.
Due, in part, to the inability to test and monitor this area for the
presence of PSP, this closure was made permanent through Amendment 12
to the FMP in 1999.
The primary goal of the study is to test the efficacy of the
Protocol for Onboard Screening and Dockside Testing for PSP Toxins in
Molluscan Shellfish (Protocol) developed by state and Federal
regulatory agencies to test for presence of saxotoxins in shellfish.
This protocol would facilitate the harvest of shellfish from waters
susceptible to HABs, which produce the saxotoxins, but that are not
currently under rigorous water quality monitoring programs by either
state or Federal management agencies. The Protocol details procedures
and reporting for harvesting, testing, and landing of shellfish
harvested from areas that are susceptible to HABs prior to the
shellfish from entering commerce. A copy of the Protocol is available
from the NMFS Northeast Region website: https://www.nero.noaa.gov/sfd/
clams.
The proposed project would conduct a trial for the sampling
protocol in an exemption zone within the larger 1990 GB Closure Area
with the F/V Seawatcher. The exemption zone would not include any
Northeast multispecies or essential fish habitat year-round closure
areas. This proposed exempted fishing activity would occur from
approximately December 2006 through March 2007, using surfclam and
ocean quahog quota allocated to Truex Enterprises under the Federal
individual transferable quota (ITQ) program. The applicant has
estimated a harvest of 176,000 bushels (9,370,240 L) of surfclams and
80,000 bushels (4,259,200 L) of ocean quahogs from the
[[Page 66312]]
exemption area. The exemption area was tested in cooperation with the
FDA in the winter of 2006. No samples collected during that time were
above acceptable levels for saxotoxins (80[micro]g toxin/100g of
shellfish). In order for the proposed EFP to be issued, the applicant
would be required to obtain an endorsement from the state in which it
intends to land the product harvested under the EFP. The initial
application, submitted on March 30, 2006, only listed Massachusetts as
a possible state for landing the product. The revised application
includes the initial preferred state of landing, Massachusetts, as well
as Rhode Island, New Jersey, and Delaware as possible states where
shellfish harvested under the EFP could be landed. Each state would be
required to endorse and/or otherwise explicitly permit the F/V
Seawatcher to land product harvested under the conditions of the EFP in
order for the EFP to be valid, as each state is responsible for
regulating the molluscan shellfish industry within its jurisdiction and
ensuring the safety of shellfish harvested within or entering its
borders. This EFP would allow for an exemption from the Atlantic
surfclam and ocean quahog GB Closure Area specified at 50 CFR
648.73(a)(4).
During the comment period for the initial proposed EFP, NMFS
received five comments. One comment was against the concept of the EFP
in general. Three comments were opposed to the issuance of the EFP
until concerns regarding the dockside sampling protocol could be
resolved. One comment, from the Massachusetts Division of Marine
Fisheries, was in support of the comments regarding the dockside
sampling protocol submitted by the Massachusetts Department of Public
Health. Although adherence to the dockside monitoring protocol would be
a condition of the EFP, NMFS is not the author of the protocol, nor the
Federal agency responsible for matters of public health, thus NMFS
defers response to issues regarding the dockside monitoring protocol to
the FDA. However, since the initial public notification of this EFP,
the FDA has amended the Protocol in response to concerns raised by
state shellfish control authorities. The Protocol and the pilot project
that would be authorized by this EFP have also since been endorsed by
the executive board of the Interstate Shellfish Sanitation Conference.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 8, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-19190 Filed 11-13-06; 8:45 am]
BILLING CODE 3510-22-S
