Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits (EFPs), 5420-5421 [E7-1850]

Download as PDF 5420 Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices they also will become a matter of public record. Dated: January 31, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–1820 Filed 2–5–07; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Applications and Reporting Requirements for the Incidental Take of Marine Mammals by Specified Activities Under the Marine Mammal Protection Act National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. AGENCY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before April 9, 2007. ADDRESSES: Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to Kenneth R. Hollingshead, (301) 713–2055, ext. 128 or ken.hollingshead@noaa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with NOTICES I. Abstract The Marine Mammal Protection Act (MMPA) prohibits the taking by harassment, injury, or mortality of marine mammals unless exempted or authorized by permit. The incidentaltake program authorizes the taking of marine mammal incidental to maritime activities (military, oil industry, oceanographic research). It is the responsibility of the activity to determine if it might have a ‘‘taking’’ and, if it does, to apply for an authorization. Applications are VerDate Aug<31>2005 17:08 Feb 05, 2007 Jkt 211001 necessary for NOAA to know that an authorization is needed and to determine whether authorization can be made under the MMPA. The reporting requirements are mandated by the MMPA and are necessary to ensure that determinations made concerning the impact on marine mammals are valid. or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. II. Method of Collection Applications and reports are submitted by paper copy via overnight delivery and via e-mail to provide us with the .pdf and .doc copies that we use to work on the application and for posting for the public to download and review. While our application instructions are posted on the Web, we do not have the ability to accept applications via the Web. We are currently beta-testing the system for accepting applications for scientific research permits which we may be able to apply to this information collection also. Dated: January 31, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–1822 Filed 2–5–07; 8:45 am] III. Data OMB Number: 0648–0151. Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit organizations; not-for-profit institutions; and State, Local, or Tribal Government. Estimated Number of Respondents: 72. Estimated Time Per Response: 483 hours for a request for new or the renewal of regulations; 45 hours for an application for Letter of Authorization (response times vary significantly based on the complexity of the application); 200 hours for an application for an Incidental Harassment Authorization; and 93–120 hours for a 90-day, quarterly, or annual report under a Letter of Authorization or Incidental Harassment Authorization. Estimated Total Annual Burden Hours: 12,376. Estimated Total Annual Cost to Public: $1,359. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 020107B] Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits (EFPs) Department of Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS). ACTION: Notification of a proposal for an EFP to conduct experimental fishing; request for comments. AGENCY: SUMMARY: The Administrator, Northeast Region, NMFS (Regional Administrator) has made a preliminary determination that the subject EFP application from the University of New England (UNE) that would allow Northeast multispecies vessels to possess spiny dogfish for a spiny dogfish life history study contains all the required information and warrants further consideration. The 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 Spiny Dogfish Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made. DATES: Comments on this document must be received on or before February 21, 2007. ADDRESSES: Comments may be submitted by e-mail. The mailbox address for providing e-mail comments is DA7–25@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: ‘‘Comments on UNE dogfish possession EFP proposal.’’ Written comments should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, 1 Blackburn E:\FR\FM\06FEN1.SGM 06FEN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 72, No. 24 / Tuesday, February 6, 2007 / Notices Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on UNE dogfish possession EFP proposal’’ Comments may also be sent via facsimile (fax) to (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management Specialist, phone: 978–281–9326, fax: 978–281–9135. SUPPLEMENTARY INFORMATION: The FMP implemented a semi-annual quota. When a semi-annual quota is projected to be harvested, NMFS closes the fishery until the next semi-annual quota opens. During a dogfish closure, no vessel may fish for or possess dogfish. The dogfish fishery was closed on December 19, 2006 (71 FR 76222), and will not reopen until May 1, 2007. As part of a continuing research project, UNE, in collaboration with the University of New Hampshire (UNH), is investigating Gulf of Maine dogfish age and growth, and size at sexual maturity characteristics. The applicant states that current dogfish life history data need updating, particularly in light of recent stock declines and potential regional variability in life history traits. The project investigators are attempting to develop a more accurate aging tool, which will improve age and size at sexual maturity determinations. The applicant notes that these data will provide critical life history information needed for effective dogfish management decisions, particularly for the Gulf of Maine. The applicant would start collecting dogfish samples upon approval of the EFP and continue through June, 2007. The applicant would collect 15 dogfish per gender per 5–cm size class (<35 cm - >100 cm), for a total of 450 dogfish. Samples would be collected during commercial NE multispecies fishing trips in areas open to commercial NE multispecies regulations in statistical areas 125 and 132. Vessels would be fishing with otter trawl and gill net gear that is fully compliant with NE multispecies regulations. The applicant has indicated that up to 50 dead dogfish would be kept each trip, and that dogfish will not be targeted during the fishing trips. All live dogfish bycatch would be returned to the ocean as quickly as possible; only dead dogfish would be retained. If approved, participating vessels would not be allowed to possess or retain more than 50 dogfish on any trip, and no dogfish may be sold. Regulations under the MagnusonStevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on VerDate Aug<31>2005 17:08 Feb 05, 2007 Jkt 211001 applications for proposed EFPs. The applicant may place requests for minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and minimal so as not to change the scope or impact of the initially approved EFP request. Authority: 16 U.S.C. 1801 et seq. Dated: February 1, 2007. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E7–1850 Filed 2–5–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 011807A] Taking of Marine Mammals Incidental to Specified Activities; An On-ice Marine Geophysical Research and Development Program in the Beaufort Sea National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of application and proposed incidental take authorization; request for comments. AGENCY: SUMMARY: NMFS has received an application from Shell Offshore, Inc. (SOI) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting an on-ice marine geophysical research and development (R&D) program in the U.S. Beaufort Sea from March to May, 2007. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to SOI to incidentally take, by harassment, small numbers of three species of pinnipeds for a limited period of time this year. DATES: Comments and information must be received no later than March 8, 2007. ADDRESSES: Comments on the application should be addressed to P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225, or by telephoning one of the contacts listed here. The mailbox address for providing email comments is PR1.011807A@noaa.gov. Comments PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 5421 sent via e-mail, including all attachments, must not exceed a 10– megabyte file size. A copy of the application and other supporting material related to this proposed action may be obtained by writing to this address or by telephoning the first contact person listed here and is also available at: https://www.nmfs.noaa.gov/ pr/permits/incidental.htm FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected Resources, NMFS, (301) 713–2289, ext 137 or Brad Smith, Alaska Region, NMFS, (907) 271–5006. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Permission shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and that the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.’’ Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Except for certain categories of activities not pertinent here, the MMPA defines ‘‘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 [Level A harassment]; 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 [Level B harassment]. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an E:\FR\FM\06FEN1.SGM 06FEN1

Agencies

[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5420-5421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1850]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 020107B]


Magnuson-Stevens Act Provisions; General Provisions for Domestic 
Fisheries; Application for Exempted Fishing Permits (EFPs)

AGENCY: Department of Commerce, National Oceanic and Atmospheric 
Administration (NOAA), National Marine Fisheries Service (NMFS).

ACTION: Notification of a proposal for an EFP to conduct experimental 
fishing; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Administrator, Northeast Region, NMFS (Regional 
Administrator) has made a preliminary determination that the subject 
EFP application from the University of New England (UNE) that would 
allow Northeast multispecies vessels to possess spiny dogfish for a 
spiny dogfish life history study contains all the required information 
and warrants further consideration. The 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 Spiny 
Dogfish Fishery Management Plan (FMP). However, further review and 
consultation may be necessary before a final determination is made.

DATES: Comments on this document must be received on or before February 
21, 2007.

ADDRESSES: Comments may be submitted by e-mail. The mailbox address for 
providing e-mail comments is DA7-25@noaa.gov. Include in the subject 
line of the e-mail comment the following document identifier: 
``Comments on UNE dogfish possession EFP proposal.'' Written comments 
should be sent to Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 1 Blackburn

[[Page 5421]]

Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on UNE dogfish possession EFP proposal'' Comments may also 
be sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Fishery Management 
Specialist, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: The FMP implemented a semi-annual quota. 
When a semi-annual quota is projected to be harvested, NMFS closes the 
fishery until the next semi-annual quota opens. During a dogfish 
closure, no vessel may fish for or possess dogfish. The dogfish fishery 
was closed on December 19, 2006 (71 FR 76222), and will not re-open 
until May 1, 2007. As part of a continuing research project, UNE, in 
collaboration with the University of New Hampshire (UNH), is 
investigating Gulf of Maine dogfish age and growth, and size at sexual 
maturity characteristics. The applicant states that current dogfish 
life history data need updating, particularly in light of recent stock 
declines and potential regional variability in life history traits. The 
project investigators are attempting to develop a more accurate aging 
tool, which will improve age and size at sexual maturity 
determinations. The applicant notes that these data will provide 
critical life history information needed for effective dogfish 
management decisions, particularly for the Gulf of Maine.
    The applicant would start collecting dogfish samples upon approval 
of the EFP and continue through June, 2007. The applicant would collect 
15 dogfish per gender per 5-cm size class (<35 cm - >100 cm), for a 
total of 450 dogfish. Samples would be collected during commercial NE 
multispecies fishing trips in areas open to commercial NE multispecies 
regulations in statistical areas 125 and 132. Vessels would be fishing 
with otter trawl and gill net gear that is fully compliant with NE 
multispecies regulations. The applicant has indicated that up to 50 
dead dogfish would be kept each trip, and that dogfish will not be 
targeted during the fishing trips. All live dogfish bycatch would be 
returned to the ocean as quickly as possible; only dead dogfish would 
be retained.
    If approved, participating vessels would not be allowed to possess 
or retain more than 50 dogfish on any trip, and no dogfish may be sold.
    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. The applicant may place requests for minor modifications 
and extensions to the EFP throughout the year. EFP modifications and 
extensions may be granted without further notice if they are deemed 
essential to facilitate completion of the proposed research and minimal 
so as not to change the scope or impact of the initially approved EFP 
request.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 1, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-1850 Filed 2-5-07; 8:45 am]
BILLING CODE 3510-22-S
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