Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit, 46591-46592 [E8-18406]

Download as PDF Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices • Mail to Sustainable Fisheries Division, Northeast Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope ‘‘Scoping Comments on Supplemental NOI for Amendment 11;’’ or • Fax to 978–281–9135. Mark the fax ‘‘Scoping Comments on Supplemental NOI for Amendment 11.’’ Copies of supporting documents used by the Council are available from: Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904–6790, telephone 302–674–2331. FOR FURTHER INFORMATION CONTACT: Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 19904–6790, telephone 302–674–2331. SUPPLEMENTARY INFORMATION: Background On March 4, 2005 (70 FR 10605), the Council published an NOI to prepare a SEIS to consider the impacts of alternatives for limiting access to the mackerel fishery. The Council subsequently conducted scoping meetings on the development of a limited access program, which the Council originally planned to include in Amendment 9 to the MSB FMP (Amendment 9). However, due to unforeseen delays in the development of Amendment 9, the Council notified the public on December 19, 2005 (70 FR 75114), that the mackerel limited access program would be considered in Amendment 11. The Council subsequently notified the public on February 27, 2007 (72 FR 8693), that it would begin the development of Amendment 11 and the associated SEIS simultaneously with the development of Amendment 10 to the MSB FMP. rmajette on PRODPC74 with NOTICES Additional Issues Under Consideration During the course of the development of Amendment 11, the Council has identified three additional issues that may be considered in this amendment, in addition to mackerel limited entry. The first issue is implementation of ACLs and accountability measures AMs for mackerel and butterfish. The MSRA requires that fishery management plans contain a mechanism for specifying ACLs such that overfishing does not occur in the fishery, including measures to ensure accountability (AMs). Examples of AMs include in-season closures or pay-back provisions in cases of overages. The second issue is an update of the description and VerDate Aug<31>2005 15:22 Aug 08, 2008 Jkt 214001 identification of EFH for all life stages of mackerel, Loligo, Illex, and butterfish (including gear impacts on Loligo squid egg EFH). NMFS guidance requires that EFH assessments should be updated every 5 years. The MSB EFH assessment has not been generally updated since it was completed in 1999, though gear impact analyses were completed for Amendment 9 to the MSB FMP (73 FR 37382, July 1, 2008). Additionally, EFH for Loligo eggs was designated in Amendment 9, therefore, a gear impact analysis for Loligo egg EFH will also be included in Amendment 11. The third issue is possible limitations on at-sea processing of mackerel that may be considered to limit overcapitalization of the mackerel fishery; the Council may consider a cap on the amount of at-sea processing or a limitation on at-sea processor vessel size. Request for Comments The public will have the opportunity to comment on the measures and alternatives being considered by the Council for Amendment 11 through public meetings and public comment periods required by the National Environmental Policy Act, the MSRA, and the Administrative Procedure Act. To date, the location and/or timing of these meetings and comment periods has yet to be finalized, but appropriate notice of them will be published in the Federal Register. Authority: 16 U.S.C. 1801 et seq. Dated: August 6, 2008. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–18489 Filed 8–8–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XJ53 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 to conduct exempted fishing; request for comments. AGENCY: SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 46591 Regional Administrator), has made a preliminary determination that the subject exempted fishing permit (EFP) application submitted by the Gulf of Maine Research Institute (GMRI), which would exempt Atlantic sea scallop (scallop) vessels from small dredge program gear restrictions, should be issued for public comment. 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 Sea Scallop Fishery Management Plan (FMP). However, further review and consultation may be necessary before a final determination is made. DATES: Comments on GMRI’s EFP application must be received on or before August 26, 2008. ADDRESSES: Comments may be submitted by e-mail. The mailbox address for providing e-mail comments is scallop.efp@noaa.gov. Include in the subject line of the e-mail comment the following document identifier: ‘‘Comments on small dredge EFP.’’ 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 small dredge EFP.’’ Comments may also be sent via facsimile (fax) to (978) 281– 9135. FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research Liaison, phone: 978–281–9326, fax: 978–281–9135. SUPPLEMENTARY INFORMATION: In response to the 2008 Atlantic Sea Scallop RSA Program request for proposals, NOAA’s National Marine Fisheries Service received a proposal from GMRI entitled, ‘‘An assessment of hanging ratio and mesh orientation of twine-tops on selectivity and bycatch in the general category scallop dredge fishery in scallop limited access areas.’’ The grant approved by NOAA Grants on July 26, 2008, as NOAA Award No. NA08NMF4540667. GMRI proposes to determine if changes to the dredge twine-top configuration would affect the selectivity of a 10.5–ft general category scallop dredge. Under this award, GMRI was awarded 70,565 lb of scallops from the Elephant Trunk Access Area (ETAA) and 33 daysat-sea (DAS), with the proceeds from sold scallops compensating participating vessel owners and defraying research costs. Small dredge program restrictions at 50 CFR 648.51(e) require a vessel enrolled in the small dredge program to fish with one dredge E:\FR\FM\11AUN1.SGM 11AUN1 46592 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices no more than 10.5 ft in width. GMRI would like to contract a vessel enrolled in the small dredge program to harvest their set-aside scallop allocation. GMRI requests this vessel be authorized to fish two dredges (max combined width of 31 ft) to harvest the set-aside scallops, thereby requiring exemption from the small dredge program dredge size restrictions. GMRI claims that this exemption would allow the vessel to harvest the set-aside scallops more efficiently, thus reducing vessel operating expenses and increasing the portion of proceeds supporting the research project. Regulations under the MagnusonStevens 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: August 4, 2008. James P. Burgess Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–18406 Filed 8–8–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB13 Small Takes of Marine Mammals Incidental to Specified Activities; Naval Explosive Ordnance Disposal School Training Operations at Eglin Air Force Base, Florida National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application and proposed authorization for incidental harassment of marine mammals; request for comments and information. rmajette on PRODPC74 with NOTICES AGENCY: SUMMARY: NMFS has received a request from Eglin Air Force Base (EAFB) for the take of marine mammals, by Level B harassment, incidental to Naval Explosive Ordnance Disposal School (NEODS) Training Operations at EAFB, Florida. Under the Marine Mammal VerDate Aug<31>2005 18:01 Aug 08, 2008 Jkt 214001 Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to the Air Force to take, by Level B harassment, two species of cetaceans at EAFB beginning in October 2008. NMFS is also requesting comments on its intent to promulgate regulations in 2009 governing the take of marine mammals over a 5–year period incidental to the activities described herein. NMFS issued an IHA for these activities in 2005, 2006, and 2007. No activities have occurred to date. DATES: Comments and information must be received no later than September 10, 2008. ADDRESSES: Comments on the application should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3225. The mailbox address for providing email comments is PR1.0648– XB13@noaa.gov. NMFS is not responsible for e-mail comments sent to addresses other than the one provided here. Comments sent via e-mail, including all attachments, must not exceed a 10–megabyte file size. A copy of the application containing a list of the references used in this document may be obtained by writing to the address specified above, telephoning the contact listed below (see FOR FURTHER INFORMATION CONTACT), or visiting the internet at: https:// www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein and Jaclyn Daly, Office of Protected Resources, NMFS, (301) 713–2289. 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) if certain findings are made and regulations are issued or, if the taking is limited to harassment, notice of a proposed authorization is provided to the public for review. Authorization for incidental takings may be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 unmitigable adverse impact on the availability of the species or stock(s) for certain subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such taking 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. Subsection 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 of marine mammals by harassment. With respect to military readiness activities, the MMPA defines ‘‘harassment’’ as: (i) any act that injures or has the significant potential to injure a marine mammal or marine mammal stock in the wild [Level A Harassment]; or (ii) any act that disturbs or is likely to disturb a marine mammal or marine mammal stock in the wild by causing disruption of natural behavioral patterns, including, but not limited to, migration, surfacing, nursing, breeding, feeding, or sheltering, to a point where such behavioral patterns are abandoned or significantly altered [Level B Harassment]. Section 101(a)(5)(D) establishes a 45– day time limit for NMFS review of an application followed by a 30–day public notice and comment period on any proposed authorizations for the incidental harassment of marine mammals. Within 45 days of the close of the comment period, NMFS must either issue or deny issuance of the authorization. Summary of Request On May 13, 2008, NMFS received an application from EAFB requesting an IHA for the harassment of Atlantic bottlenose dolphins (Tursiops truncatus) and Atlantic spotted dolphins (Stenella frontalis) incidental to NEODS training operations and testing at Eglin Gulf Test and Training Range (EGTTR) at EAFB, Florida, in the northern Gulf of Mexico (GOM). NMFS issued an IHA for the same activity in 2005 (70 FR 51341, August 30, 2005), 2006 (71 FR 60693, October 16, 2006), and 2007 (72 FR 58290, October 15, 2007). Each of up to six missions per year would include up to 5 live detonations (up to 30 charges per year) of approximately 5–lb (2.3–kg) net explosive weight charges to occur in approximately 60–ft (18.3–m) deep water from one to three nm (1.9 to 5.6 km) off shore. Because this activity will E:\FR\FM\11AUN1.SGM 11AUN1

Agencies

[Federal Register Volume 73, Number 155 (Monday, August 11, 2008)]
[Notices]
[Pages 46591-46592]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18406]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XJ53


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 to conduct exempted 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 the Gulf of Maine Research 
Institute (GMRI), which would exempt Atlantic sea scallop (scallop) 
vessels from small dredge program gear restrictions, should be issued 
for public comment. 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 
Sea Scallop Fishery Management Plan (FMP). However, further review and 
consultation may be necessary before a final determination is made.

DATES: Comments on GMRI's EFP application must be received on or before 
August 26, 2008.

ADDRESSES: Comments may be submitted by e-mail. The mailbox address for 
providing e-mail comments is scallop.efp@noaa.gov. Include in the 
subject line of the e-mail comment the following document identifier: 
``Comments on small dredge EFP.'' 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 small dredge EFP.'' Comments may also be 
sent via facsimile (fax) to (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Ryan Silva, Cooperative Research 
Liaison, phone: 978-281-9326, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: In response to the 2008 Atlantic Sea Scallop 
RSA Program request for proposals, NOAA's National Marine Fisheries 
Service received a proposal from GMRI entitled, ``An assessment of 
hanging ratio and mesh orientation of twine-tops on selectivity and 
bycatch in the general category scallop dredge fishery in scallop 
limited access areas.'' The grant approved by NOAA Grants on July 26, 
2008, as NOAA Award No. NA08NMF4540667. GMRI proposes to determine if 
changes to the dredge twine-top configuration would affect the 
selectivity of a 10.5-ft general category scallop dredge.
    Under this award, GMRI was awarded 70,565 lb of scallops from the 
Elephant Trunk Access Area (ETAA) and 33 days-at-sea (DAS), with the 
proceeds from sold scallops compensating participating vessel owners 
and defraying research costs. Small dredge program restrictions at 50 
CFR 648.51(e) require a vessel enrolled in the small dredge program to 
fish with one dredge

[[Page 46592]]

no more than 10.5 ft in width. GMRI would like to contract a vessel 
enrolled in the small dredge program to harvest their set-aside scallop 
allocation. GMRI requests this vessel be authorized to fish two dredges 
(max combined width of 31 ft) to harvest the set-aside scallops, 
thereby requiring exemption from the small dredge program dredge size 
restrictions. GMRI claims that this exemption would allow the vessel to 
harvest the set-aside scallops more efficiently, thus reducing vessel 
operating expenses and increasing the portion of proceeds supporting 
the research project.
    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: August 4, 2008.
James P. Burgess
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-18406 Filed 8-8-08; 8:45 am]
BILLING CODE 3510-22-S

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