Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permit (EFP), 78317-78318 [E8-30336]
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Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
an IHA to L-DEO for conducting a
marine geophysical survey in Southeast
Asia from March-July, 2009, provided
the previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30365 Filed 12–19–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL46
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permit (EFP)
mstockstill on PROD1PC66 with NOTICES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notification of a proposal for an
EFP 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 EFP application submitted by
Wallace and Associates contains all the
required information and warrants
further consideration. The proposed
EFP would extend the previously
authorized EFP for an additional year to
continue testing 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
VerDate Aug<31>2005
19:07 Dec 19, 2008
Jkt 217001
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 January 6,
2009.
ADDRESSES: Comments on this notice
may be submitted by e-mail.
The mailbox address for providing email comments is DA8278@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, 55 Great
Republic 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.
Copies of supporting documents
referenced in this notice are available
from Timothy Cardiasmenos, Fishery
Policy Analyst, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930, and are
available via the Internet at https://
www.nero.noaa.gov/sfd/clams.
FOR FURTHER INFORMATION CONTACT:
Timothy Cardiasmenos, Fishery Policy
Analyst, phone 978–281–9204.
SUPPLEMENTARY INFORMATION: Truex
Enterprises of New Bedford, MA, first
submitted an application for an EFP on
March 30, 2006, and public comment
was solicited via 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. Comments for the revised EFP
were published on November 14, 2006
(71 FR 66311). At that time, due to lack
of concurrence on the Protocol for
Onboard Screening and Dockside
Testing for PSP Toxins in Molluscan
Shellfish (Protocol) from the state of
landing, the EFP was not issued. The
applicant subsequently received
concurrence from the state of landing
and the state where the product is to be
processed for the Protocol and EFP, and
an EFP was authorized through the end
of calendar year 2008.
The current applicant, Wallace &
Associates, of Cambridge, MD, request
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
78317
an extension of the previously
authorized EFP 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., has been closed since 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 alga
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 proposed
study is to test the efficacy of the
Protocol that was developed by state
and Federal regulatory agencies to test
for presence of saxotoxins in shellfish,
and which has been in a trial period
through previous EFP’s since 2006. 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 Sea
Watcher I (Federal permit #410565, O.N.
1160720). The exemption zone would
not include any Northeast multispecies
or essential fish habitat year-round
closure areas. This proposed exempted
fishing activity would occur during the
2009 calendar year, 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
exemption area. The exemption area has
been tested in cooperation with the FDA
E:\FR\FM\22DEN1.SGM
22DEN1
78318
Federal Register / Vol. 73, No. 246 / Monday, December 22, 2008 / Notices
from 2006 to the present. No samples
collected during that time were above
acceptable levels for saxotoxins (80μg
toxin/100g of shellfish).
The applicant has obtained
endorsements for the EFP and the
Protocol from the States of New Jersey
and Delaware, the states in which it
intends to land and process the product
harvested under the EFP, respectively.
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). 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.
The applicants may request minor
modifications and extensions to the EFP
throughout the course of research. EFP
modifications and extensions may be
granted without further public notice if
they are deemed essential to facilitate
completion of the proposed research
and result in only a minimal change in
the scope or impacts of the initially
approved EFP request.
In accordance with NAO
Administrative Order 216–6, a
Categorical Exclusion or other
appropriate NEPA document would be
completed prior to the issuance of the
EFP. Further review and consultation
may be necessary before a final
determination is made to issue the EFP.
After publication of this document in
the Federal Register, the EFP, if
approved, may become effective
following the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 16, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–30336 Filed 12–19–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
mstockstill on PROD1PC66 with NOTICES
RIN 0648–XM10
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Conducting Air-to-Surface
Gunnery Missions in the Gulf of
Mexico
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
VerDate Aug<31>2005
19:07 Dec 19, 2008
Jkt 217001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of an
incidental harassment authorization.
SUMMARY: In accordance with provisions
of the Marine Mammal Protection Act
(MMPA) as amended, notification is
hereby given that an Incidental
Harassment Authorization (IHA) to take
marine mammals, by harassment,
incidental to conducting air-to-surface
(A-S) gunnery missions in the Gulf of
Mexico (GOM), a military readiness
activity, has been issued to Eglin Air
Force Base (Eglin AFB) for a period of
1 year.
DATES: Effective from December 11,
2008, through December 10, 2009.
ADDRESSES: The authorization, Eglin
AFB’s application containing a list of
the references used in this document,
and NMFS’ Environmental Assessment
(EA) may be obtained by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3226. A copy of Eglin’s original
2003 application and its December,
2006 letter updating its request may be
obtained by writing to this address, by
telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) and
is also available at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications. A copy of
the Final Programmatic EA (Final PEA)
is available by writing to the
Department of the Air Force, AAC/
EMSN, Natural Resources Branch, 501
DeLeon St., Suite 101, Eglin AFB, FL
32542–5133.
FOR FURTHER INFORMATION CONTACT:
Kenneth R. Hollingshead, NMFS, 301–
713–2289, ext 128.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(D)
of the Marine Mammal Protection Act
(16 U.S.C. 1361 et seq.)(MMPA) direct
the Secretary of Commerce (Secretary)
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 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 may be granted if NMFS
finds that the taking will have a
negligible impact on the affected species
or stock(s), will not (where relevant)
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
have an unmitigable adverse impact on
the availability of the species or stock(s)
for subsistence uses, and if 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 marine mammals by
harassment. The National Defense
Authorization Act of 2004 (NDAA) (P.L.
108–136) removed the ‘‘small numbers’’
and ‘‘specified geographical region’’
limitations and amended the definition
of harassment as it applies to ‘‘military
readiness activities’’ to read as follows:
(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].
Summary of Request
Eglin AFB originally petitioned NMFS
on February 13, 2003, for an
authorization under section 101(a)(5)(D)
of the MMPA for the taking, by Level B
harassment, of several species of marine
mammals incidental to programmatic
mission activities within the Eglin Gulf
Test and Training Range (EGTTR). The
EGTTR is described as the airspace over
the GOM that is controlled by Eglin
AFB. A notice of receipt of Eglin’s
application and proposed IHA and
request for 30-day public comment was
published on January 23, 2006 (71 FR
3474). A 1-year IHA was subsequently
issued to Eglin AFB for this activity on
May 3, 2006 (71 FR 27695, May 12,
2006).
On January 29, 2007, NMFS received
a request from Eglin AFB for a renewal
of its IHA, which expired on May 2,
2007. This application addendum
requested revisions to three components
of the IHA requirements: protected
species surveys, ramp-up procedures,
and sea state restrictions. A Federal
Register notice of receipt of the
application and proposed IHA
published on May 30, 2007 (72 FR
29974). These proposed modifications
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78317-78318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30336]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XL46
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permit (EFP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notification of a proposal for an EFP 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 EFP application
submitted by Wallace and Associates contains all the required
information and warrants further consideration. The proposed EFP would
extend the previously authorized EFP for an additional year to continue
testing 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 January
6, 2009.
ADDRESSES: Comments on this notice may be submitted by e-mail.
The mailbox address for providing e-mail comments is
DA8278@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, 55 Great
Republic 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.
Copies of supporting documents referenced in this notice are
available from Timothy Cardiasmenos, Fishery Policy Analyst, National
Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA
01930, and are available via the Internet at https://www.nero.noaa.gov/
sfd/clams.
FOR FURTHER INFORMATION CONTACT: Timothy Cardiasmenos, Fishery Policy
Analyst, phone 978-281-9204.
SUPPLEMENTARY INFORMATION: Truex Enterprises of New Bedford, MA, first
submitted an application for an EFP on March 30, 2006, and public
comment was solicited via 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. Comments for the revised EFP were published on
November 14, 2006 (71 FR 66311). At that time, due to lack of
concurrence on the Protocol for Onboard Screening and Dockside Testing
for PSP Toxins in Molluscan Shellfish (Protocol) from the state of
landing, the EFP was not issued. The applicant subsequently received
concurrence from the state of landing and the state where the product
is to be processed for the Protocol and EFP, and an EFP was authorized
through the end of calendar year 2008.
The current applicant, Wallace & Associates, of Cambridge, MD,
request an extension of the previously authorized EFP 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., has been closed since 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
alga 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 proposed study is to test the efficacy of
the Protocol that was developed by state and Federal regulatory
agencies to test for presence of saxotoxins in shellfish, and which has
been in a trial period through previous EFP's since 2006. 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 Sea Watcher I (Federal permit 410565, O.N.
1160720). The exemption zone would not include any Northeast
multispecies or essential fish habitat year-round closure areas. This
proposed exempted fishing activity would occur during the 2009 calendar
year, 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 exemption area. The exemption area has been tested in
cooperation with the FDA
[[Page 78318]]
from 2006 to the present. No samples collected during that time were
above acceptable levels for saxotoxins (80microg toxin/100g of
shellfish).
The applicant has obtained endorsements for the EFP and the
Protocol from the States of New Jersey and Delaware, the states in
which it intends to land and process the product harvested under the
EFP, respectively. 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). 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.
The applicants may request minor modifications and extensions to
the EFP throughout the course of research. EFP modifications and
extensions may be granted without further public notice if they are
deemed essential to facilitate completion of the proposed research and
result in only a minimal change in the scope or impacts of the
initially approved EFP request.
In accordance with NAO Administrative Order 216-6, a Categorical
Exclusion or other appropriate NEPA document would be completed prior
to the issuance of the EFP. Further review and consultation may be
necessary before a final determination is made to issue the EFP. After
publication of this document in the Federal Register, the EFP, if
approved, may become effective following the public comment period.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 16, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-30336 Filed 12-19-08; 8:45 am]
BILLING CODE 3510-22-S
