Endangered and Threatened Species; Take of Anadromous Fish, 17134-17135 [E7-6413]
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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices
Recreational Fisheries Statistical Survey
(MRFSS) and National Research Council
(NRC).
1 p.m. to 3 p.m. – Discussion on
recreational data issues (continued).
3:30 p.m. to 4 p.m. – Implementation
of MSA will be presented; annual catch
limits/accountability measures.
4 p.m. to 4:30 p.m. – Science concerns
and stock assessments will be
discussed.
4:30 p.m. to 5 p.m. – NOAA Fisheries
Budget will be discussed.
Wednesday, May 2, 2007
8 a.m. to 9 a.m. – Implementation of
MSA will be presented; National
Environmental Protection Act (NEPA).
9 a.m. to 10 a.m. – Enforcement
updates and vessel monitoring system
(VMS) will be presented.
10:30 a.m. to 11 a.m. – Specific
management issues will be discussed;
circle hooks, etc.
11 a.m. to 11:30 a.m. – National
Outreach Plan will be presented.
1 p.m. to 2 p.m. – National Fish
Habitat Plan will be presented.
2 p.m. to 3 p.m. – Aquaculture
Legislation update will be presented.
3:30 p.m. to 5:30 p.m. – State
Directors will discuss areas of concern:
grants, etc.
Thursday, May 3, 2007
8 a.m. to 10 a.m. – State Directors
discussion of areas of concern
(continue).
10 a.m. to 11 a.m. – Wrap-up meeting.
The above agenda items may not be
taken in the order in which they appear
and are subject to change as necessary
to allow for full discussion.
Special Accommodations
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These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Chris Moore,
Chief, Partnerships and
Communications Division, Office of
Sustainable Fisheries, NMFS; telephone:
(301) 713–2379 ext: 165, at least 5 days
prior to the meeting date.
Dated: April 2, 2007.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E7–6399 Filed 4–5–07; 8:45 am]
BILLING CODE 3510–22–S
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18:39 Apr 05, 2007
Jkt 211001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. /607C]
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability and
request for comment.
AGENCY:
SUMMARY: Limit 10(i) of the June 28,
2005, Endangered Species Act (ESA)
provides that road maintenance
programs that comply with a program
substantially similar to that contained in
the Oregon Department of
Transportation (ODOT) Guide that is
determined to meet or exceed the
protections provided by the ODOT
Guide can be excepted from the
prohibitions provided in earlier sections
of that rule. The Five Counties Salmon
Conservation Program’s (5 C) ‘‘A Water
Quality and Stream Habitat Protection
Manual for County Road Maintenance
in Northwestern California Watersheds’’
(Manual), is a comprehensive road
maintenance program for Humboldt, Del
Norte, Siskiyou, Trinity, and Mendocino
Counties (5 C area). If the Manual is
qualified under Limit 10(i), each of the
five counties would adopt the Manual
as its road maintenance program. To
facilitate NMFS review of the Manual
under Limit 10(i), 5 C prepared a
submittal package that addresses each of
the approval criterion in the 4(d) rule.
The Manual would affect two
Evolutionarily Significant Units (ESUs)
of threatened salmon and two Distinct
Population Segments (DPSs) of
threatened steelhead identified in the
SUPPLEMENTARY INFORMATION below. The
Manual specifies the future management
practices for routine road maintenance
activities within the 5 C area. This
notice serves to inform the public of the
availability of the Manual and submittal
package for review and comment.
DATES: Written comments on the
Manual and submittal package must be
received at the appropriate address or
fax number (see ADDRESSES) no later
than 5 p.m. Pacific Daylight Savings
Time on May 7, 2007.
ADDRESSES: Written comments should
be addressed to Garwin Yip, Protected
Resources Division, National Marine
Fisheries Service, 1655 Heindon Road,
Arcata, CA 95521. Comments may also
be sent via fax to (707) 825–4840 or email at 5C4DRule.SWR@noaa.gov.
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Comments will not be accepted if
submitted via the Internet. Copies of the
Manual and submittal package are
available on the Internet at https://
www.5counties.org.
FOR FURTHER INFORMATION CONTACT:
Garwin Yip at phone number: (707)
825–5166, or e-mail:
garwin.yip@noaa.gov.
SUPPLEMENTARY INFORMATION: This
notice is relevant to the salmonid ESUs
and DPSs listed as threatened in the 5
C area and covered by the June 2005
4(d) Rule. These ESUs and DPSs include
the Southern Oregon/Northern
California Coast coho salmon ESU,
California Coastal Chinook salmon ESU,
Northern California steelhead DPS, and
Central California Coast steelhead DPS.
Background
On June 28, 2005, NMFS adopted a
rule under section 4(d) of the ESA of
1973, as amended prohibiting the ‘‘take’’
of 20 groups of salmon and steelhead
listed as threatened under the ESA the
4(d) Rule. That rule also describes limits
on the extension of the definition of take
to certain state and local programs in 13
specific categories, including Routine
Road Maintenance (Limit 10). Limit
10(i) provides that routine road
maintenance activities conducted by
employees or agents of a state, county,
city, or port that complies with a
program substantially similar to that
contained in the ODOT Guide that is
determined to meet or exceed the
protections provided by the ODOT
Guide are eligible for the limitation on
the definition of ‘‘take’’ of threatened
species as to those road maintenance
activities.
Each of the 5 counties of Humboldt,
Del Norte, Siskiyou, Trinity, and
Mendocino will adopt the Manual to
obtain coverage under Limit 10(i) of the
4(d) Rule, should NMFS find the
Manual is consistent with Limit 10(i).
For NMFS to approve the Manual under
Limit 10(i), it must find that the Manual
meets or exceeds the protections
provided by the ODOT Guide. To
facilitate the approval of the Manual,
the 5 C prepared the submittal package
that includes a comparison, where
applicable, of each category of
maintenance practices and how they are
equal to or exceeds the protections
provided by the ODOT Guide.
In March 2007, the 5 C submitted the
submittal package and Manual to NMFS
for approval under the 4(d) rule. Within
the Manual, Chapter 1 explains
watershed basics, stream habitat needs,
and road treatment principles. Chapter
2 explains the regulatory process in
establishing the necessary permits in
E:\FR\FM\06APN1.SGM
06APN1
Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Notices
pwalker on PROD1PC71 with NOTICES
order to implement any of the routine
road maintenance activities. Chapters 3
through 9 provide the Best Management
Practices (BMPs) for routine road
maintenance activities, and includes a
description of the activity, any
environmental concerns, permits that
may be required, and useful references.
The Manual also consists of specific
road maintenance activities, staff
training, implementation and
effectiveness monitoring, adaptive
management, emergency response
measures, and reporting requirements.
For each road maintenance activity,
the Manual provides BMPs designed to
achieve desired conservation outcomes.
Only activities that fall under the
definition of ‘‘maintenance’’ are include
in the Manual. Repair and maintenance
include activities that are conducted on
currently serviceable structures,
facilities, and equipment which involve
no expansion of or change in use of
such structures, facilities, and
equipment beyond those which existed
previously, and do not result in
significant negative hydrological
impact.
The road maintenance project
categories covered by the Manual
include maintaining roads (e.g., grading,
road surfacing, dust abatement,
vegetation management, and winterizing
the road system), maintaining culverts
(e.g., culvert cleaning, improvement,
repair, sizing, and replacement; ditch
relief culverts, and temporary stream
diversions), disposal of spoils, managing
maintenance yards (e.g., facility
housekeeping practices, building and
grounds maintenance, vehicle and
equipment maintenance, and material
use and storage), maintaining bridges
(e.g., bridge maintenance, repair, and
drift removal), working with an
emergency (e.g., emergency
maintenance, slide and settlement
repair, and accident clean-up), and
dealing with snow and ice (snow and
ice removal, de-icing/anti-icing and
sanding).
As specified in 50 CFR
223.203(b)(10)(i), the prohibitions of 50
CFR 223.203(a) relating to certain
threatened species do not apply to
routine road maintenance activities
provided that NMFS finds that the
program meets or exceeds the
protections provided by the ODOT
Guide.
Authority
Under section 4 of the ESA, the
Secretary of Commerce is required to
adopt such regulations as he deems
necessary and advisable for the
conservation of species listed as
threatened. The ESA salmon and
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18:39 Apr 05, 2007
Jkt 211001
steelhead 4(d) rule (June 28, 2005; 70 FR
37160) specifies categories of activities
that contribute to the conservation of
listed salmonids and sets out the criteria
for such activities. The rule further
provides that the prohibitions of
paragraph (a) of the rule do not apply to
activity associated with routine road
maintenance, provided that any state or
local program comports with the
standard described above and has been
approved by NMFS to be in accordance
with the salmon and steelhead 4(d) rule
(June 28, 2005; 70 FR 37160).
Dated: March 30, 2007.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E7–6413 Filed 4–5–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 040207B]
Endangered Species; File No. 1547–01
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit
modification.
AGENCY:
Notice is hereby given that
the New York State Department of
Environmental Conservation (Kathryn
Hattala, Principal Investigator), 21
South Putt Corners Road; New Paltz,
New York 12561, has been issued a
modification to scientific research
Permit Number 1547.
ADDRESSES: The permit modification
and related documents are available for
review upon written request or by
appointment in the following offices:
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
Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA
01930–2298; phone (978) 281–9328; fax
(978) 281–9394.
FOR FURTHER INFORMATION CONTACT:
Malcolm Mohead or Brandy Hutnak,
(301) 713–2289.
SUPPLEMENTARY INFORMATION: On
February 23, 2007, notice was published
in the Federal Register that a
modification of Permit Number 1547,
issued October 27, 2006, (71 FR 65470),
had been requested by the above named
SUMMARY:
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17135
organization. The requested permit
modification has been granted under the
authority of the Endangered Species Act
of 1973, as amended (ESA; 16 U.S.C.
1531 et seq.) and the regulations
governing the taking, importing, and
exporting of endangered and threatened
species (50 CFR parts 222–226).
In order to evaluate seasonal
movement of shortnose sturgeon
(Acipenser brevirostrum) in Haverstraw
and Newburgh Bays of the Hudson
River, the NYSDEC was previously
authorized annually to capture a
maximum of 500 adult and juvenile
shortnose sturgeon with gill nets, and to
measure, weigh, scan for tags, insert
passive integrated transponder tags and
Carlin tags (if untagged) and then
release. The applicant now proposes to
collect soft fin-ray tissue samples from
all captured shortnose sturgeon. The
goal of the additional research would be
to document and map the genetic
identity of shortnose sturgeon in the
Hudson River. The modification would
run concurrently with the original
permit until October 31, 2011.
Issuance of this modification, as
required by the ESA, was based on a
finding that such permit (1) was applied
for in good faith, (2) will not operate to
the disadvantage of the endangered
species which is the subject of this
permit, and (3) is consistent with the
purposes and policies set forth in
section 2 of the ESA.
Dated: April 2, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–6484 Filed 4–5–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 040207A]
Endangered Species; File No. 1580
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
AGENCY:
SUMMARY: Notice is hereby given that
Dynegy Northeast Generations, Inc.
(Dynegy), 992–994 River Road,
Newburgh, New York 12550, has been
issued a permit to take shortnose
sturgeon (Acipenser brevirostrum) for
purposes of scientific research.
ADDRESSES: The permit and related
documents are available for review
E:\FR\FM\06APN1.SGM
06APN1
]]>Agencies
[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Notices]
[Pages 17134-17135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6413]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. /607C]
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability and request for comment.
-----------------------------------------------------------------------
SUMMARY: Limit 10(i) of the June 28, 2005, Endangered Species Act (ESA)
provides that road maintenance programs that comply with a program
substantially similar to that contained in the Oregon Department of
Transportation (ODOT) Guide that is determined to meet or exceed the
protections provided by the ODOT Guide can be excepted from the
prohibitions provided in earlier sections of that rule. The Five
Counties Salmon Conservation Program's (5 C) ``A Water Quality and
Stream Habitat Protection Manual for County Road Maintenance in
Northwestern California Watersheds'' (Manual), is a comprehensive road
maintenance program for Humboldt, Del Norte, Siskiyou, Trinity, and
Mendocino Counties (5 C area). If the Manual is qualified under Limit
10(i), each of the five counties would adopt the Manual as its road
maintenance program. To facilitate NMFS review of the Manual under
Limit 10(i), 5 C prepared a submittal package that addresses each of
the approval criterion in the 4(d) rule. The Manual would affect two
Evolutionarily Significant Units (ESUs) of threatened salmon and two
Distinct Population Segments (DPSs) of threatened steelhead identified
in the SUPPLEMENTARY INFORMATION below. The Manual specifies the future
management practices for routine road maintenance activities within the
5 C area. This notice serves to inform the public of the availability
of the Manual and submittal package for review and comment.
DATES: Written comments on the Manual and submittal package must be
received at the appropriate address or fax number (see ADDRESSES) no
later than 5 p.m. Pacific Daylight Savings Time on May 7, 2007.
ADDRESSES: Written comments should be addressed to Garwin Yip,
Protected Resources Division, National Marine Fisheries Service, 1655
Heindon Road, Arcata, CA 95521. Comments may also be sent via fax to
(707) 825-4840 or e-mail at 5C4DRule.SWR@noaa.gov. Comments will not be
accepted if submitted via the Internet. Copies of the Manual and
submittal package are available on the Internet at https://
www.5counties.org.
FOR FURTHER INFORMATION CONTACT: Garwin Yip at phone number: (707) 825-
5166, or e-mail: garwin.yip@noaa.gov.
SUPPLEMENTARY INFORMATION: This notice is relevant to the salmonid ESUs
and DPSs listed as threatened in the 5 C area and covered by the June
2005 4(d) Rule. These ESUs and DPSs include the Southern Oregon/
Northern California Coast coho salmon ESU, California Coastal Chinook
salmon ESU, Northern California steelhead DPS, and Central California
Coast steelhead DPS.
Background
On June 28, 2005, NMFS adopted a rule under section 4(d) of the ESA
of 1973, as amended prohibiting the ``take'' of 20 groups of salmon and
steelhead listed as threatened under the ESA the 4(d) Rule. That rule
also describes limits on the extension of the definition of take to
certain state and local programs in 13 specific categories, including
Routine Road Maintenance (Limit 10). Limit 10(i) provides that routine
road maintenance activities conducted by employees or agents of a
state, county, city, or port that complies with a program substantially
similar to that contained in the ODOT Guide that is determined to meet
or exceed the protections provided by the ODOT Guide are eligible for
the limitation on the definition of ``take'' of threatened species as
to those road maintenance activities.
Each of the 5 counties of Humboldt, Del Norte, Siskiyou, Trinity,
and Mendocino will adopt the Manual to obtain coverage under Limit
10(i) of the 4(d) Rule, should NMFS find the Manual is consistent with
Limit 10(i). For NMFS to approve the Manual under Limit 10(i), it must
find that the Manual meets or exceeds the protections provided by the
ODOT Guide. To facilitate the approval of the Manual, the 5 C prepared
the submittal package that includes a comparison, where applicable, of
each category of maintenance practices and how they are equal to or
exceeds the protections provided by the ODOT Guide.
In March 2007, the 5 C submitted the submittal package and Manual
to NMFS for approval under the 4(d) rule. Within the Manual, Chapter 1
explains watershed basics, stream habitat needs, and road treatment
principles. Chapter 2 explains the regulatory process in establishing
the necessary permits in
[[Page 17135]]
order to implement any of the routine road maintenance activities.
Chapters 3 through 9 provide the Best Management Practices (BMPs) for
routine road maintenance activities, and includes a description of the
activity, any environmental concerns, permits that may be required, and
useful references. The Manual also consists of specific road
maintenance activities, staff training, implementation and
effectiveness monitoring, adaptive management, emergency response
measures, and reporting requirements.
For each road maintenance activity, the Manual provides BMPs
designed to achieve desired conservation outcomes. Only activities that
fall under the definition of ``maintenance'' are include in the Manual.
Repair and maintenance include activities that are conducted on
currently serviceable structures, facilities, and equipment which
involve no expansion of or change in use of such structures,
facilities, and equipment beyond those which existed previously, and do
not result in significant negative hydrological impact.
The road maintenance project categories covered by the Manual
include maintaining roads (e.g., grading, road surfacing, dust
abatement, vegetation management, and winterizing the road system),
maintaining culverts (e.g., culvert cleaning, improvement, repair,
sizing, and replacement; ditch relief culverts, and temporary stream
diversions), disposal of spoils, managing maintenance yards (e.g.,
facility housekeeping practices, building and grounds maintenance,
vehicle and equipment maintenance, and material use and storage),
maintaining bridges (e.g., bridge maintenance, repair, and drift
removal), working with an emergency (e.g., emergency maintenance, slide
and settlement repair, and accident clean-up), and dealing with snow
and ice (snow and ice removal, de-icing/anti-icing and sanding).
As specified in 50 CFR 223.203(b)(10)(i), the prohibitions of 50
CFR 223.203(a) relating to certain threatened species do not apply to
routine road maintenance activities provided that NMFS finds that the
program meets or exceeds the protections provided by the ODOT Guide.
Authority
Under section 4 of the ESA, the Secretary of Commerce is required
to adopt such regulations as he deems necessary and advisable for the
conservation of species listed as threatened. The ESA salmon and
steelhead 4(d) rule (June 28, 2005; 70 FR 37160) specifies categories
of activities that contribute to the conservation of listed salmonids
and sets out the criteria for such activities. The rule further
provides that the prohibitions of paragraph (a) of the rule do not
apply to activity associated with routine road maintenance, provided
that any state or local program comports with the standard described
above and has been approved by NMFS to be in accordance with the salmon
and steelhead 4(d) rule (June 28, 2005; 70 FR 37160).
Dated: March 30, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7-6413 Filed 4-5-07; 8:45 am]
BILLING CODE 3510-22-S
