Endangered and Threatened Species; Take of Anadromous Fish, 76400-76401 [2010-30908]
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Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices
listed marine mammals in rehabilitation
in California, using methods currently
approved in Permit No. 13602. The
applicant is requesting permission to
hold up to three Hawaiian monk seals
at Long Marine Laboratory at any given
time, an increase of one animal from
that described in the amendment
application. The amendment is
requested for the duration of the permit.
Concurrent with the publication of
this notice in the Federal Register,
NMFS is forwarding copies of this
application to the Marine Mammal
Commission and its Committee of
Scientific Advisors.
Dated: December 1, 2010.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–30873 Filed 12–7–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA071
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Applications for two new
scientific research permits.
AGENCY:
Notice is hereby given that
NMFS has received two scientific
research permit application requests
relating to salmonids listed under the
Endangered Species Act (ESA). The
proposed research is intended to
increase knowledge of the species and
to help guide management and
conservation efforts.
DATES: Written comments on the permit
applications must be received at the
appropriate address or fax number (see
ADDRESSES) no later than 5 p.m. Pacific
standard time on January 7, 2011.
ADDRESSES: Written comments on these
applications should be submitted to the
Protected Resources Division, NMFS,
777 Sonoma Avenue, Room 315, Santa
Rosa, CA 95404. Comments may also be
submitted via fax to (707) 578–3435 or
by e-mail to FRNpermits.SR@noaa.gov.
The applications and related documents
may be viewed online at: https://
apps.nmfs.noaa.gov/preview/
preview_open_for_comment.cfm. These
documents are also available upon
written request or by appointment by
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:23 Dec 07, 2010
Jkt 223001
contacting NMFS by phone (707) 575–
6097 or fax (707) 578–3435.
FOR FURTHER INFORMATION CONTACT:
Jeffrey Jahn, Santa Rosa, CA (ph.: 707–
575–6097, e-mail:
Jeffrey.Jahn@noaa.gov). Permit
application instructions are available
from the address above, or online at
apps.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
This notice is relevant to Federally
threatened California Coastal (CC)
Chinook salmon (Oncorhynchus
tshawytscha), endangered Central
California Coast (CCC) Coho salmon (O.
kisutch), and threatened CCC steelhead
(O. mykiss).
Authority
Scientific research permits are issued
in accordance with section 10(a)(1)(A)
of the ESA of 1973 (16 U.S.C. 1531–
1543) and regulations governing listed
fish and wildlife permits (50 CFR parts
222–226). NMFS issues permits based
on findings that such permits: (1) Are
applied for in good faith; (2) if granted
and exercised, would not operate to the
disadvantage of the listed species which
are the subject of the permits; and (3)
are consistent with the purposes and
policies set forth in section 2 of the
ESA. The authority to take listed species
is subject to conditions set forth in the
permits.
Anyone requesting a hearing on an
application listed in this notice should
set out the specific reasons why a
hearing on that application would be
appropriate (see ADDRESSES). Such
hearings are held at the discretion of the
Assistant Administrator for Fisheries,
NMFS.
Applications Received
Permit 14513
Dr. Stephanie Carlson, University of
California at Berkeley, is requesting a 5year permit to take adult and juvenile
CC Chinook salmon, CCC coho salmon,
and CCC steelhead associated with four
research projects in two watersheds in
central California. In the four studies
described below, researchers do not
expect to kill any listed fish but a small
number may die as an unintended result
of the research activities. However, a
low number of moribund CCC steelhead
may be collected for analysis as part of
Project 3, in Pescadero Lagoon.
Project 1 is a study on the summer
ecology of juvenile salmonids in streams
of the Lagunitas Creek (Marin County)
and Pescadero Creek (San Mateo
County) watersheds. The study will
examine the variation in growth and
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
survival of juvenile CCC coho salmon
and CCC steelhead rearing in streams
that experience elevated water
temperatures and low stream flow
volumes in summer. Annually, Dr.
Carlson proposes to capture (backpack
electrofisher, seine, dip-net), handle
(identify, measure and weigh), mark
(fin-clips, passive integrated
transponder (PIT) tag), sample (scale
collection), and release fish. Movements
of PIT-tagged fish will be monitored
throughout the summer using hand held
and stationary PIT-tag readers. In
September and October, the study areas
will be re-sampled using the same
methods as described above. Fish will
be scanned for PIT-tags and those
recaptured will be re-weighed and
measured to determine growth rates.
Throughout winter, fish will be
monitored for their movements using
hand held and stationary PIT-tag
readers. Data gathered from this study
will provide information on fish growth
and survival rates and how these relate
to abiotic and biotic variables within the
watersheds.
Project 2 is a biotelemetry study of
smolt migrations in the Lagunitas Creek
and Pescadero Creek watersheds. In the
Lagunitas Creek watershed, smolts will
be captured in down migrant traps
operated by the National Park Service
(Permit 1046) and the Marin Municipal
Water District (Permit 1047). In the
Pescadero Creek Watershed, Dr. Carlson
proposes to capture (fyke net, seine)
CCC coho salmon and CCC steelhead
smolts. In both study areas, Dr. Carlson
proposes to anesthetize a subset of
captured fish and implant acoustic tags
in order to determine salmonid
residence time and movements
throughout the two estuary
environments. Strategically placed
acoustic receivers will track the
movements of the tagged salmonids in
each system. Data collected from tagged
fish in these systems will be used to
determine differences in survival
between permanently-open versus
seasonally-closed estuaries and the
significance of estuary rearing on the
timing of ocean entry.
Project 3 is a study on the ecology of
juvenile salmonids in Tomales Bay, and
Pescadero Lagoon and their overall
dependence on estuarine resources
based on an analysis of diet and fish
growth. In the two estuaries, Dr. Carlson
proposes to capture (hook-and-line,
seine), handle (identify, measure,
weigh), sample (fin-clip, scale
collection, gastric lavage), and release
smolts. In Pescadero Lagoon, a subset of
fish will be implanted with PIT tags.
Adults that are captured will be handled
(identified, measured), sampled (scale
E:\FR\FM\08DEN1.SGM
08DEN1
Federal Register / Vol. 75, No. 235 / Wednesday, December 8, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
collection) and released. The data
gathered from this project, in addition to
Project 2, will provide information on
the ecology of juvenile salmonids in
estuarine environments, their feeding
habits, and how they differ between
systems with permanently-open
(Tomales Bay) versus seasonally-closed
(Pescadero Creek lagoon) estuaries/
lagoons.
Project 4 examines smolt production
in the Lagunitas Creek watershed by
analyzing collected otoliths to
determine where smolts that survived to
breed as adults reared as juveniles. The
otoliths will be obtained from carcasses
encountered during annual spawner
surveys conducted by the National Park
Service and Marin Municipal Water
District. Dr. Carlson proposes to conduct
additional surveys in order to augment
the otolith collection. The results of this
project could provide important
information on the habitat attributes
associated with high productivity areas
and could help identify areas of poor
productivity that might be candidate
sites for habitat restoration.
Permit 15548
Thomas R. Payne and Associates is
seeking a ten-year permit to take listed
adult and juvenile CCC steelhead while
collecting biological data. The purpose
of the research is to monitor the
distribution, relative abundance and
diversity, the condition and general
health of fish populations and to
describe the existing habitat conditions
of Suisun Creek, Green Valley Creek,
and Ledgewood Creek in Solano County
and Napa County, California. The
research would benefit CCC steelhead
by producing data to support
development of the Solano Habitat
Conservation Plan under development
as a requirement of a March 1999
biological opinion for the Solano Project
Water Service Contract Renewal issued
by the U.S. Fish and Wildlife Service.
Monitoring activities will take place
between July and October at multiple
sites in the three creeks using a
backpack electrofisher to stun and net
fish. Captured fish will be anesthetized
prior to handling and then identified,
counted, measured, weighed, and
released. The researchers do not intend
to kill any captured fish but a small
number may die as an unintended result
of the research activities.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the applications, associated
documents, and comments submitted to
determine whether the applications
meet the requirements of section 10(a)
of the ESA and Federal regulations. The
final permit decisions will not be made
VerDate Mar<15>2010
18:23 Dec 07, 2010
Jkt 223001
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
Dated: December 2, 2010.
Therese Conant,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2010–30908 Filed 12–7–10; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2010–0071]
Pilot Program for Extended Time
Period To Reply to a Notice To File
Missing Parts of Nonprovisional
Application
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO) previously
published a notice requesting comments
on a proposed change to missing parts
practice in nonprovisional applications.
The USPTO has considered the
comments and is implementing a pilot
program (Extended Missing Parts Pilot
Program) in which an applicant can
request a twelve-month time period to
pay certain fees and to reply to a Notice
to File Missing Parts of Nonprovisional
Application. Under the Extended
Missing Parts Pilot Program, applicant
must file a nonprovisional application
within twelve months of the filing date
of a provisional application and directly
claim the benefit of the provisional
application, as well as submit a
certification and request to participate
in the Extended Missing Parts Pilot
Program with the nonprovisional
application. In addition, applicant must
not file a nonpublication request.
Applicant will be given a twelve-month
period to decide whether the
nonprovisional application should be
completed by paying the search fee, the
examination fee, any excess claim fees,
and the surcharge ($130.00 for nonsmall entity or $65.00 for small entity)
for the late submission of the search fee
and examination fee within that twelvemonth period. The nonprovisional
application will be published under the
existing eighteen-month publication
provisions. Therefore, applicant should
also submit the basic filing fee, an
executed oath or declaration, and
application papers that are in condition
for publication, on filing of the
application with the request to
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
76401
participate in the pilot. If the basic filing
fee, an executed oath declaration, and/
or application papers that are in
condition for publication are not
submitted with the application and the
request to participate in the pilot,
applicant will need to submit these
items within a two-month (extendable)
time period. In view of the comments,
the USPTO is cautiously moving
forward by implementing the proposed
procedure as a pilot program.
Specifically, the pilot program will
require applicant to submit a
certification and request to participate
in the pilot program, rather than
automatically applying the procedure to
all applicants. The USPTO is providing
a certification and request form that
includes educational information
regarding domestic benefit claims,
foreign filings, patent term adjustment
(PTA) effects, the need for a complete
disclosure of the invention, potential
increase in fees, and the benefits of
submitting a complete set of claims. In
addition, the USPTO is implementing a
number of educational initiatives to
assist independent inventors and other
applicants. The Extended Missing Parts
Pilot Program will benefit applicants by
permitting additional time to determine
if patent protection should be sought—
at a relatively low cost—and by
permitting applicants to focus efforts on
commercialization during this period.
The Extended Missing Parts Pilot
Program will benefit the USPTO and the
public by adding publications to the
body of prior art, and by removing from
the USPTO’s workload those
nonprovisional applications for which
applicants later decide not to pursue
examination. Applicants are advised
that the extended missing parts period
does not affect the twelve-month
priority period provided by the Paris
Convention for the Protection of
Industrial Property. Thus, any foreign
filings must still be made within twelve
months of the filing date of the
provisional application if applicant
wishes to rely on the provisional
application in the foreign-filed
application or if protection is desired in
a country requiring filing within twelve
months of the earliest application for
which rights are left outstanding in
order to be entitled to priority.
DATES: Effective Date: December 8, 2010.
Duration: The Extended Missing Parts
Pilot Program will run for twelve
months from its effective date.
Therefore, any certification and request
to participate in the Extended Missing
Parts Pilot Program must be filed before
December 8, 2011. The USPTO may
extend the pilot program (with or
E:\FR\FM\08DEN1.SGM
08DEN1
]]>Agencies
[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76400-76401]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30908]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA071
Endangered and Threatened Species; Take of Anadromous Fish
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Applications for two new scientific research permits.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that NMFS has received two scientific
research permit application requests relating to salmonids listed under
the Endangered Species Act (ESA). The proposed research is intended to
increase knowledge of the species and to help guide management and
conservation efforts.
DATES: Written comments on the permit applications must be received at
the appropriate address or fax number (see ADDRESSES) no later than 5
p.m. Pacific standard time on January 7, 2011.
ADDRESSES: Written comments on these applications should be submitted
to the Protected Resources Division, NMFS, 777 Sonoma Avenue, Room 315,
Santa Rosa, CA 95404. Comments may also be submitted via fax to (707)
578-3435 or by e-mail to FRNpermits.SR@noaa.gov. The applications and
related documents may be viewed online at: https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm. These documents are also
available upon written request or by appointment by contacting NMFS by
phone (707) 575-6097 or fax (707) 578-3435.
FOR FURTHER INFORMATION CONTACT: Jeffrey Jahn, Santa Rosa, CA (ph.:
707-575-6097, e-mail: Jeffrey.Jahn@noaa.gov). Permit application
instructions are available from the address above, or online at
apps.nmfs.noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
This notice is relevant to Federally threatened California Coastal
(CC) Chinook salmon (Oncorhynchus tshawytscha), endangered Central
California Coast (CCC) Coho salmon (O. kisutch), and threatened CCC
steelhead (O. mykiss).
Authority
Scientific research permits are issued in accordance with section
10(a)(1)(A) of the ESA of 1973 (16 U.S.C. 1531-1543) and regulations
governing listed fish and wildlife permits (50 CFR parts 222-226). NMFS
issues permits based on findings that such permits: (1) Are applied for
in good faith; (2) if granted and exercised, would not operate to the
disadvantage of the listed species which are the subject of the
permits; and (3) are consistent with the purposes and policies set
forth in section 2 of the ESA. The authority to take listed species is
subject to conditions set forth in the permits.
Anyone requesting a hearing on an application listed in this notice
should set out the specific reasons why a hearing on that application
would be appropriate (see ADDRESSES). Such hearings are held at the
discretion of the Assistant Administrator for Fisheries, NMFS.
Applications Received
Permit 14513
Dr. Stephanie Carlson, University of California at Berkeley, is
requesting a 5-year permit to take adult and juvenile CC Chinook
salmon, CCC coho salmon, and CCC steelhead associated with four
research projects in two watersheds in central California. In the four
studies described below, researchers do not expect to kill any listed
fish but a small number may die as an unintended result of the research
activities. However, a low number of moribund CCC steelhead may be
collected for analysis as part of Project 3, in Pescadero Lagoon.
Project 1 is a study on the summer ecology of juvenile salmonids in
streams of the Lagunitas Creek (Marin County) and Pescadero Creek (San
Mateo County) watersheds. The study will examine the variation in
growth and survival of juvenile CCC coho salmon and CCC steelhead
rearing in streams that experience elevated water temperatures and low
stream flow volumes in summer. Annually, Dr. Carlson proposes to
capture (backpack electrofisher, seine, dip-net), handle (identify,
measure and weigh), mark (fin-clips, passive integrated transponder
(PIT) tag), sample (scale collection), and release fish. Movements of
PIT-tagged fish will be monitored throughout the summer using hand held
and stationary PIT-tag readers. In September and October, the study
areas will be re-sampled using the same methods as described above.
Fish will be scanned for PIT-tags and those recaptured will be re-
weighed and measured to determine growth rates. Throughout winter, fish
will be monitored for their movements using hand held and stationary
PIT-tag readers. Data gathered from this study will provide information
on fish growth and survival rates and how these relate to abiotic and
biotic variables within the watersheds.
Project 2 is a biotelemetry study of smolt migrations in the
Lagunitas Creek and Pescadero Creek watersheds. In the Lagunitas Creek
watershed, smolts will be captured in down migrant traps operated by
the National Park Service (Permit 1046) and the Marin Municipal Water
District (Permit 1047). In the Pescadero Creek Watershed, Dr. Carlson
proposes to capture (fyke net, seine) CCC coho salmon and CCC steelhead
smolts. In both study areas, Dr. Carlson proposes to anesthetize a
subset of captured fish and implant acoustic tags in order to determine
salmonid residence time and movements throughout the two estuary
environments. Strategically placed acoustic receivers will track the
movements of the tagged salmonids in each system. Data collected from
tagged fish in these systems will be used to determine differences in
survival between permanently-open versus seasonally-closed estuaries
and the significance of estuary rearing on the timing of ocean entry.
Project 3 is a study on the ecology of juvenile salmonids in
Tomales Bay, and Pescadero Lagoon and their overall dependence on
estuarine resources based on an analysis of diet and fish growth. In
the two estuaries, Dr. Carlson proposes to capture (hook-and-line,
seine), handle (identify, measure, weigh), sample (fin-clip, scale
collection, gastric lavage), and release smolts. In Pescadero Lagoon, a
subset of fish will be implanted with PIT tags. Adults that are
captured will be handled (identified, measured), sampled (scale
[[Page 76401]]
collection) and released. The data gathered from this project, in
addition to Project 2, will provide information on the ecology of
juvenile salmonids in estuarine environments, their feeding habits, and
how they differ between systems with permanently-open (Tomales Bay)
versus seasonally-closed (Pescadero Creek lagoon) estuaries/lagoons.
Project 4 examines smolt production in the Lagunitas Creek
watershed by analyzing collected otoliths to determine where smolts
that survived to breed as adults reared as juveniles. The otoliths will
be obtained from carcasses encountered during annual spawner surveys
conducted by the National Park Service and Marin Municipal Water
District. Dr. Carlson proposes to conduct additional surveys in order
to augment the otolith collection. The results of this project could
provide important information on the habitat attributes associated with
high productivity areas and could help identify areas of poor
productivity that might be candidate sites for habitat restoration.
Permit 15548
Thomas R. Payne and Associates is seeking a ten-year permit to take
listed adult and juvenile CCC steelhead while collecting biological
data. The purpose of the research is to monitor the distribution,
relative abundance and diversity, the condition and general health of
fish populations and to describe the existing habitat conditions of
Suisun Creek, Green Valley Creek, and Ledgewood Creek in Solano County
and Napa County, California. The research would benefit CCC steelhead
by producing data to support development of the Solano Habitat
Conservation Plan under development as a requirement of a March 1999
biological opinion for the Solano Project Water Service Contract
Renewal issued by the U.S. Fish and Wildlife Service. Monitoring
activities will take place between July and October at multiple sites
in the three creeks using a backpack electrofisher to stun and net
fish. Captured fish will be anesthetized prior to handling and then
identified, counted, measured, weighed, and released. The researchers
do not intend to kill any captured fish but a small number may die as
an unintended result of the research activities.
This notice is provided pursuant to section 10(c) of the ESA. NMFS
will evaluate the applications, associated documents, and comments
submitted to determine whether the applications meet the requirements
of section 10(a) of the ESA and Federal regulations. The final permit
decisions will not be made until after the end of the 30-day comment
period. NMFS will publish notice of its final action in the Federal
Register.
Dated: December 2, 2010.
Therese Conant,
Acting Chief, Endangered Species Division, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010-30908 Filed 12-7-10; 8:45 am]
BILLING CODE 3510-22-P
