Federal Consistency Appeal by the Northeast Massachusetts Mosquito Control and Wetlands Management District, 61787-61788 [E8-24788]

Download as PDF Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices Permit 13537 was issued on September 23, 2008, subject to certain conditions set forth therein. The permit expires on December 31, 2017. ADDRESSES: Requests for copies of the decision documents or any of the other associated documents should be directed to the Salmon Recovery Division, NOAA’s National Marine Fisheries Service, 1201 N.E. Lloyd Blvd., Suite 1100, Portland, OR 97232. The documents are also available on the Internet at www.nwr.noaa.gov. FOR FURTHER INFORMATION CONTACT: Rich Turner, Portland, OR, at phone number: (503) 736–4737, e-mail: rich.turner@noaa.gov SUPPLEMENTARY INFORMATION: This notice is relevant to the following species and evolutionarily significant units (ESUs): Chinook salmon (Oncorhynchus tshawytscha): threatened Lower Columbia River Coho salmon (Oncorhynchus kisutch): threatened Lower Columbia River Chum salmon (Oncorhynchus keta): threatened Columbia River. DATES: Dated: October 14, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8–24799 Filed 10–16–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XL13 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice, issuance of permit. sroberts on PROD1PC70 with NOTICES AGENCY: SUMMARY: Notice is hereby given that East Bay Municipal Utility District (EBMUD), 1 Winemasters Way, Lodi, CA 95240, has been issued a permit to take Central Valley, California steelhead (Oncorhynchus mykiss) for purposes of scientific research. ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): 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 VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 61787 NMFS, Protected Resources Division, 650 Capitol Mall, Suite 8–300, Sacramento, CA 95814–4706; phone (916) 930–3600; fax (916) 930–3629. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Federal Consistency Appeal by the Northeast Massachusetts Mosquito Control and Wetlands Management District Shirley Witalis, phone (916) 930–3606. On June 27, 2008, notice was published in the Federal Register (73 FR 36494), that a request for a scientific research permit to take Central Valley steelhead had been submitted by the above-named organization. The requested permit has been issued 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). Researchers will annually capture, tag, and release adult and juvenile Central Valley steelhead in the Lower Mokelumne River through various sampling methods described in the permit application (e.g., trapping, seining, electrofishing, etc.). The purpose of the study is to conduct monitoring and research of anadromous and resident fishes to measure the success of the Lower Mokelumne River Restoration Program and to determine if the modifications of the Lower Mokelumne River Project are appropriate for conserving fish and wildlife resources in the Lower Mokelumne River. This permit also authorizes EBMUD lethal take of wild and hatchery adult and juvenile Central Valley steelhead in the Lower Mokelumne River for purposes of otolith extraction and analysis, to measure the expression of resident life history among natural and hatchery (O. mykiss) and assist the development of the Mokelumne River Hatchery steelhead Hatchery and Genetic Management Plan. The permit is issued for 5 years. Issuance of this permit, 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 any endangered or threatened species, and (3) is consistent with the purposes and policies set forth in section 2 of the ESA. SUPPLEMENTARY INFORMATION: Dated: October 14, 2008. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8–24800 Filed 10–16–08; 8:45 am] BILLING CODE 3510–22–S PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 National Oceanic and Atmospheric Administration National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Commerce. ACTION: Notice of appeal. AGENCY: SUMMARY: This announcement provides notice that the Northeast Massachusetts Mosquito Control and Wetlands Management District (the District) has filed an administrative appeal with the U.S. Department of Commerce (the Department), asking that the Department override an objection by the Massachusetts Office of Coastal Zone Management (Massachusetts). Massachusetts objects to the District’s proposed Open Marsh Water Management (OMWM) program. ADDRESSES: Materials from the appeal record will be available at the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, SSMC4, Room 6111, Silver Spring, Maryland 20910, and on the following Web site: http://www.ogc.doc.gov/ czma.htm. FOR FURTHER INFORMATION CONTACT: Jamon Bollock, Attorney-Advisor, NOAA Office of General Counsel for Ocean Services, at (301) 713–7393 or gcos.inquiries@noaa.gov. SUPPLEMENTARY INFORMATION: I. Notice of Appeal On September 17, 2008, the District filed a notice of appeal with the Department, pursuant to the Coastal Zone Management Act of 1972 (CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 15 CFR Part 930, Subpart H. The District appealed an objection by Massachusetts to the District’s proposed OMWM program, which is a mosquito abatement practice that involves increasing access of predacious fish to mosquito breeding habitat by converting vegetated salt marsh areas into larger, deeper pools of standing water connected through a network of ditches. Under the CZMA, the Department may override Massachusetts’s objection on grounds that the project is consistent with the objectives or purposes of the CZMA or otherwise necessary in the interest of national security. To make the determination that the proposed activity is ‘‘consistent with the objectives or purposes of the CZMA,’’ E:\FR\FM\17OCN1.SGM 17OCN1 61788 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Notices the Department must find that: (1) The proposed activity furthers the national interest as articulated in sections 302 or 303 of the CZMA, in a significant or substantial manner; (2) the adverse effects of the proposed activity do not outweigh its contribution to the national interest, when those effects are considered separately or cumulatively; and (3) no reasonable alternative is available that would permit the activity to be conducted in a manner consistent with enforceable policies of the applicable coastal management program. 15 CFR 930.121. II. Opportunity for Federal Agency and Public Comment and Public Hearing Pursuant to NOAA regulations, 15 CFR 930.128, the public and interested Federal Agencies may submit any comment on this appeal from January 12 to February 11, 2009. All comments should be directed in writing to the NOAA Office of General Counsel for Ocean Services, 1305 East-West Highway, SSMC4, Room 6111, Silver Spring, Maryland 20910, or via e-mail to gcos.inquiries@noaa.gov. Federal regulations also allow for a public hearing of this appeal, on the initiative of the Secretary of Commerce or upon written request. A request for public hearing must be filed with the Department within 30 days of the date of publication of this notice in the Federal Register. Such requests should be directed, in writing, to the following address: Jamon Bollock, AttorneyAdvisor, NOAA Office of General Counsel, 1305 East-West Highway, SSMC4, Room 6111, Silver Spring, Maryland 20910. III. Availability of Appeal Documents sroberts on PROD1PC70 with NOTICES NOAA intends to provide the public with access to all publicly available materials and related documents comprising the appeal record during business hours at the NOAA Office of General Counsel for Ocean Services and on the following Web site: http:// www.ogc.doc.gov/czma.htm. For additional information about this appeal, please contact Jamon Bollock, Attorney-Advisor, NOAA Office of General Counsel, at (301) 713–7393 or gcos.inquiries@noaa.gov. Dated: October 14, 2008. Joel La Bissonniere, Assistant General Counsel for Ocean Services, NOAA. [FR Doc. E8–24788 Filed 10–16–08; 8:45 am] BILLING CODE 3510–08–P VerDate Aug<31>2005 19:18 Oct 16, 2008 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648–XL31 Mid-Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. AGENCY: SUMMARY: The Mid-Atlantic Fishery Management Council (MAFMC) Dogfish Monitoring Committee will hold a public meeting. DATES: The meeting will be held on Friday, October 31, 2008, from 1 p.m. to 3 p.m. ADDRESSES: The meeting will be held via conference call originating from the MAFMC office. The address for the MAFMC office is provided below. For those who cannot attend a call-in option is available. The call-in number is 1– 866–422–9305. After dialing in, participants will be prompted to enter a ‘‘participant code’’. That code is: 863 783 105 4. Members of the public are invited to listen in, however, the function of the meeting will be a technical review of scientific information. As such, the extent to which public remarks will be allowed will be limited by the moderator. Council address: Mid-Atlantic Fishery Management Council, 300 S. New Street, Room 2115, Dover, DE 19904; telephone: (302) 674–2331. FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 300 S. New Street, Room 2115, Dover, DE 19904; telephone: (302) 674– 2331, extension 19. SUPPLEMENTARY INFORMATION: The purpose of this meeting is to review the ASMFC Technical Committee’s recommendations for annual catch limits and accountability measures regarding specifying quotas and management measures for the upcoming 2009 fishing year for spiny dogfish. Management measures that will be discussed may include, but not necessarily be limited to, quotas and daily landings limits. Multiple-year management measures for fishing years 2010 and 2011 may also be addressed. Although non-emergency issues not contained in this agenda may come before this group for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), those PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 issues may not be the subject of formal action during this meeting. Actions will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under Section 305 (c) of the Magnuson-Stevens Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Dated: October 14, 2008. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–24715 Filed 10–16–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN: 0648–XL32 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. AGENCY: SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Committee in November, 2008 to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: This meeting will be held on Monday, November 3, 2008 at 9:30 a.m. ADDRESSES: This meeting will be held at the Hilton Garden Inn, One Thurber Street, Warwick, RI 02886; telephone: (401) 734–9600; fax: (401) 734–9700 Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: The committee will review analyses prepared for Council response to Section 7 Endangered Species Act Consultation for the Scallop Fishery Management Plan (Biological Opinion) and discuss potential management measures to comply with findings of biological opinion that would be developed in Framework Adjustment 21. The committee will also review measures already under consideration E:\FR\FM\17OCN1.SGM 17OCN1

Agencies

[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61787-61788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-24788]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Federal Consistency Appeal by the Northeast Massachusetts 
Mosquito Control and Wetlands Management District

AGENCY: National Oceanic and Atmospheric Administration (NOAA), U.S. 
Department of Commerce.

ACTION: Notice of appeal.

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SUMMARY: This announcement provides notice that the Northeast 
Massachusetts Mosquito Control and Wetlands Management District (the 
District) has filed an administrative appeal with the U.S. Department 
of Commerce (the Department), asking that the Department override an 
objection by the Massachusetts Office of Coastal Zone Management 
(Massachusetts). Massachusetts objects to the District's proposed Open 
Marsh Water Management (OMWM) program.

ADDRESSES: Materials from the appeal record will be available at the 
NOAA Office of General Counsel for Ocean Services, 1305 East-West 
Highway, SSMC4, Room 6111, Silver Spring, Maryland 20910, and on the 
following Web site: http://www.ogc.doc.gov/czma.htm.

FOR FURTHER INFORMATION CONTACT: Jamon Bollock, Attorney-Advisor, NOAA 
Office of General Counsel for Ocean Services, at (301) 713-7393 or 
gcos.inquiries@noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Notice of Appeal

    On September 17, 2008, the District filed a notice of appeal with 
the Department, pursuant to the Coastal Zone Management Act of 1972 
(CZMA), 16 U.S.C. 1451 et seq., and implementing regulations found at 
15 CFR Part 930, Subpart H. The District appealed an objection by 
Massachusetts to the District's proposed OMWM program, which is a 
mosquito abatement practice that involves increasing access of 
predacious fish to mosquito breeding habitat by converting vegetated 
salt marsh areas into larger, deeper pools of standing water connected 
through a network of ditches.
    Under the CZMA, the Department may override Massachusetts's 
objection on grounds that the project is consistent with the objectives 
or purposes of the CZMA or otherwise necessary in the interest of 
national security. To make the determination that the proposed activity 
is ``consistent with the objectives or purposes of the CZMA,''

[[Page 61788]]

the Department must find that: (1) The proposed activity furthers the 
national interest as articulated in sections 302 or 303 of the CZMA, in 
a significant or substantial manner; (2) the adverse effects of the 
proposed activity do not outweigh its contribution to the national 
interest, when those effects are considered separately or cumulatively; 
and (3) no reasonable alternative is available that would permit the 
activity to be conducted in a manner consistent with enforceable 
policies of the applicable coastal management program. 15 CFR 930.121.

II. Opportunity for Federal Agency and Public Comment and Public 
Hearing

    Pursuant to NOAA regulations, 15 CFR 930.128, the public and 
interested Federal Agencies may submit any comment on this appeal from 
January 12 to February 11, 2009. All comments should be directed in 
writing to the NOAA Office of General Counsel for Ocean Services, 1305 
East-West Highway, SSMC4, Room 6111, Silver Spring, Maryland 20910, or 
via e-mail to gcos.inquiries@noaa.gov.
    Federal regulations also allow for a public hearing of this appeal, 
on the initiative of the Secretary of Commerce or upon written request. 
A request for public hearing must be filed with the Department within 
30 days of the date of publication of this notice in the Federal 
Register. Such requests should be directed, in writing, to the 
following address: Jamon Bollock, Attorney-Advisor, NOAA Office of 
General Counsel, 1305 East-West Highway, SSMC4, Room 6111, Silver 
Spring, Maryland 20910.

III. Availability of Appeal Documents

    NOAA intends to provide the public with access to all publicly 
available materials and related documents comprising the appeal record 
during business hours at the NOAA Office of General Counsel for Ocean 
Services and on the following Web site: http://www.ogc.doc.gov/
czma.htm.
    For additional information about this appeal, please contact Jamon 
Bollock, Attorney-Advisor, NOAA Office of General Counsel, at (301) 
713-7393 or gcos.inquiries@noaa.gov.

    Dated: October 14, 2008.
Joel La Bissonniere,
Assistant General Counsel for Ocean Services, NOAA.
 [FR Doc. E8-24788 Filed 10-16-08; 8:45 am]
BILLING CODE 3510-08-P