Magnuson-Stevens Fishery Conservation and Management Act Provisions; Atlantic Bluefish Fishery; Withdrawal of Notice of Intent To Prepare Environmental Impact Statement for Amendment 7, 62712-62713 [2020-21877]
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Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
when funding is insufficient. NMFS has
insufficient funding available to
simultaneously develop and implement
TRPs for all strategic stocks that interact
with Category I or Category II fisheries.
As provided in MMPA section
118(f)(6)(A) and (f)(7), NMFS uses the
most recent SAR and LOF as the basis
to determine its priorities for
establishing Take Reduction Teams
(TRT) and developing TRPs.
Information about NMFS’ marine
mammal TRTs and TRPs may be found
at: https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-take-reduction-plansand-teams.
All of the evaluated fisheries listed in
Table 1, for the affected marine mammal
species or stocks, either have a TRP in
place or based on NMFS’ priorities,
implementation of a TRP is currently
deferred under section 118 as other
stocks/fisheries are a higher priority for
any available funding for establishing
new TRPs. Accordingly, the
requirement under MMPA section 118
to have TRPs in place or in development
is satisfied (see preliminary
determinations supporting the permits
available on the internet at https://
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200096).
Monitoring Program
Under MMPA section 118(d), NMFS
is to establish a program for monitoring
incidental M/SI of marine mammals
from commercial fishing operations.
Each of the fisheries listed in Table 1
considered for authorization under
MMPA section 101(a)(5)(E) is monitored
by NMFS fishery observer programs.
Accordingly, the requirement under
MMPA section 118 to have a monitoring
program in place is satisfied.
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Vessel Registration
MMPA section 118(c) requires that
vessels participating in Category I and II
fisheries register to obtain an
authorization to take marine mammals
incidental to fishing activities. NMFS
has integrated the MMPA registration
process, implemented through the
Marine Mammal Authorization Program
(MMAP), with existing state and Federal
fishery license, registration, or permit
systems for Category I and II fisheries on
the LOF. Therefore, the requirement for
vessel registration is satisfied.
Conclusions for Proposed Permits
Based on the above evaluation for
each commercial fishery listed in Table
1 as it relates to the three requirements
of MMPA 101(a)(5)(E), we propose to
issue MMPA 101(a)(5)(E) permits to the
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23:42 Oct 02, 2020
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commercial fisheries in Table 1 to
authorize the incidental take of ESAlisted species or stocks during
commercial fishing operations. If,
during the 3-year authorization, there is
a significant change in the information
or conditions used to support any of
these determinations, NMFS will reevaluate whether to amend or modify
that specific authorization, after notice
and opportunity for public comment. If
the authorization for an individual
fishery in Table 1 becomes amended,
modified, or invalidated for any reason
during the 3-year period, the
authorizations for the other commercial
fisheries in Table 1 will continue
unchanged and effective until the end of
the 3-year period. As noted above,
under MMPA section 101(a)(5)(E)(ii), no
permit is required for vessels in
Category III fisheries, or for the Category
II commercial fisheries listed above that
meet the definition of a Category III
commercial fishery with respect to ESAlisted species or stocks, so long as any
incidental marine mammal mortality or
injury is reported to NMFS pursuant to
MMPA section 118(e). NMFS solicits
public comments on the proposed
permits and the preliminary
determinations supporting the permits.
Endangered Species Act Section 7 and
National Environmental Policy Act
Requirements
ESA section 7(a)(2) requires federal
agencies to ensure that actions they
authorize, fund, or carry out do not
jeopardize the existence of any species
listed under the ESA, or destroy or
adversely modify designated critical
habitat of any ESA-listed species. The
effects of these commercial fisheries on
ESA-listed marine mammals for which
permits are proposed here, were
analyzed in the appropriate Fishery
Management Plan ESA section 7
Biological Opinions, and incidental take
was exempted for those ESA-listed
marine mammals for each of these
fisheries.
The National Environmental Policy
Act (NEPA) requires Federal agencies to
evaluate the impacts of alternatives for
their actions on the human
environment. Because these proposed
permits would not modify any fishery
operation and the effects of the fishery
operations have been evaluated in
accordance with NEPA, no additional
NEPA analysis beyond that conducted
for the associated Fishery Management
Plans is required for these permits.
Issuing the proposed permits would
have no additional impact on the
human environment or effects on
threatened or endangered species
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beyond those analyzed in these
documents.
References
National Marine Fisheries Service (NMFS).
2020. National Marine Fisheries Service
Procedure 02–204–02: Criteria for
Determining Negligible Impact under
MMPA Section 101(a)(5)(E). 20 p.
Available online: https://
www.fisheries.noaa.gov/national/lawsand-policies/protected-resources-policydirectives.
National Marine Fisheries Service (NMFS).
2019. National Marine Fisheries Service
Procedure 02–204–03: Reviewing and
designating stocks and issuing Stock
Assessment Reports under the Marine
Mammal Protection Act. 9 p. Available
online: https://www.fisheries.noaa.gov/
national/laws-and-policies/protectedresources-policy-directives.
National Marine Fisheries Service (NMFS).
2016. National Marine Fisheries Service
Procedure 02–204–01: Guidelines for
preparing stock assessment reports
pursuant to the 1994 amendments to the
Marine Mammal Protection Act. 23 p.
Available online: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/guidelinesassessing-marine-mammal-stocks.
National Marine Fisheries Service (NMFS).
2014. National Marine Fisheries Service
Procedure 02–238–01: Process for
Distinguishing Serious from Non-Serious
Injury of Marine Mammals. 42 p.
Available online: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-protection-act-policiesguidance-and-regulations.
Dated: September 29, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–21901 Filed 10–2–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA479]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Atlantic Bluefish Fishery;
Withdrawal of Notice of Intent To
Prepare Environmental Impact
Statement for Amendment 7
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of withdrawal.
AGENCY:
The Mid-Atlantic Fishery
Management Council initiated
development of Amendment 7 to the
SUMMARY:
E:\FR\FM\05OCN1.SGM
05OCN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 193 / Monday, October 5, 2020 / Notices
Atlantic Bluefish Fishery Management
Plan in late 2017. A notice of intent to
develop an environmental impact
statement for this action was published
in June 2018. However, following a
second round of scoping meetings in
February and March 2020, it has been
determined that the range of proposed
alternatives included in this amendment
are not expected to have significant
impacts on the fishery or affected
environment. Therefore, NMFS is
withdrawing the notice of intent and
will continue development of an
environmental assessment instead.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Policy Analyst,
(978) 281–9180.
SUPPLEMENTARY INFORMATION: In
December 2017, the Council initiated a
comprehensive amendment to the
Bluefish Fishery Management Plan
(FMP) to review and update the goals
and objectives of this FMP, as well as
reevaluate quota allocation and transfer
provisions between sectors and states,
in light of changing fishery conditions
and stakeholder priorities. The Council
published a notice of intent to develop
an environmental impact statement for
this amendment in accordance with the
National Environmental Policy Act to
analyze the impacts of any proposed
management measures (83 FR 26267;
June 6, 2018), and held a series of
scoping hearings with the Atlantic
States Marine Fisheries Commission’s
Bluefish Board in June and July of 2018.
Following this round of scoping,
development on the amendment was
put on hold until the results of the
August 2019 operational stock
assessment were available that
incorporated revised Marine
Recreational Information Program data
into its model.
The 2019 assessment determined that
the bluefish stock is now overfished
although overfishing is not occurring,
and at its December 2019 meeting, the
Council decided to add the rebuilding
plan to Amendment 7. The Council
must develop and implement a
rebuilding plan within 2 years of
notification that a stock is overfished, by
the end of November 2021. Following a
second round of scoping hearings in
February and March 2020, the Council
and NMFS have determined that the
range of proposed alternatives included
in this amendment are not expected to
have significant impacts on the fishery
or affected environment and that an
environmental assessment will be
developed. Therefore, this notice
announces the Council’s withdrawal of
the Notice of Intent to Prepare an
Environmental Impact Statement for
VerDate Sep<11>2014
23:42 Oct 02, 2020
Jkt 253001
Amendment 7 to the Bluefish FMP.
Development of the amendment will
continue with an environmental
assessment instead.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–21877 Filed 10–2–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2020–0047]
Grant of Interim Extension of the Term
of U.S. Patent No. 7,259,184;
Vernakalant Hydrochloride
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of interim patent term
extension.
AGENCY:
The United States Patent and
Trademark Office has issued an order
granting a one-year interim extension of
the term of U.S. Patent No. 7,259,184
(‘184 patent).
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, by
telephone at 571–272–7728 or by email
to raul.tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION: 35 U.S.C.
156 generally provides that the term of
a patent may be extended for a period
of up to five years, if the patent claims
a product, or a method of making or
using a product, that has been subject to
certain defined regulatory review. 35
U.S.C. 156(d)(5) generally provides that
the term of such a patent may be
extended for no more than five interim
periods of up to one year each, if the
approval phase of the regulatory review
period is reasonably expected to extend
beyond the expiration date of the patent.
On July 14, 2020, Correvio
International Sa`rl, the owner of record
of the ‘184 patent, timely filed an
application under 35 U.S.C. 156(d)(5)
for an interim extension of the term of
the ‘184 patent. The ‘184 patent claims
a method of using the product
vernakalant hydrochloride. The
application for interim patent term
extension indicates that New Drug
Application No. 22–034 for vernakalant
hydrochloride was submitted to the
Food and Drug Administration (FDA) on
December 19, 2006, and that the FDA’s
review thereof is ongoing.
SUMMARY:
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62713
Review of the interim patent term
extension application indicates that,
except for permission to market or use
the product commercially, the ‘184
patent would be eligible for an
extension of the patent term under 35
U.S.C. 156. Because it appears the
approval phase of the regulatory review
period will continue beyond the original
expiration date of the patent, i.e.,
October 6, 2020, interim extension of
the ‘184 patent’s term under 35 U.S.C.
156(d)(5) is appropriate.
An interim extension under 35 U.S.C.
156(d)(5) of the term of U.S. Patent No.
7,259,184 is granted for a period of one
year from the original expiration date of
the ‘184 patent.
Robert Bahr,
Deputy Commissioner for Patent Examination
Policy, United States Patent and Trademark
Office.
[FR Doc. 2020–21968 Filed 10–2–20; 8:45 am]
BILLING CODE 3510–1630–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO–P–2020–0049]
Grant of Interim Extension of the Term
of U.S. Patent No. 6,406,699; ECI®
(ELIAS Cancer Immunotherapy)
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of interim patent term
extension.
AGENCY:
The United States Patent and
Trademark Office has issued an order
granting a one-year interim extension of
the term of U.S. Patent No. 6,406,699
(’699 patent).
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, by
telephone at 571–272–7728 or by email
to raul.tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION: 35 U.S.C.
156 generally provides that the term of
a patent may be extended for a period
of up to five years, if the patent claims
a product, or a method of making or
using a product, that has been subject to
certain defined regulatory review. 35
U.S.C. 156(d)(5) generally provides that
the term of such a patent may be
extended for no more than five interim
periods of up to one year each, if the
approval phase of the regulatory review
period is reasonably expected to extend
beyond the expiration date of the patent.
On August 17, 2020, TVAX Biomedical
I, LLC, the owner of record of the ’699
patent, timely filed an application under
SUMMARY:
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Notices]
[Pages 62712-62713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21877]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA479]
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Atlantic Bluefish Fishery; Withdrawal of Notice of Intent
To Prepare Environmental Impact Statement for Amendment 7
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of withdrawal.
-----------------------------------------------------------------------
SUMMARY: The Mid-Atlantic Fishery Management Council initiated
development of Amendment 7 to the
[[Page 62713]]
Atlantic Bluefish Fishery Management Plan in late 2017. A notice of
intent to develop an environmental impact statement for this action was
published in June 2018. However, following a second round of scoping
meetings in February and March 2020, it has been determined that the
range of proposed alternatives included in this amendment are not
expected to have significant impacts on the fishery or affected
environment. Therefore, NMFS is withdrawing the notice of intent and
will continue development of an environmental assessment instead.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy
Analyst, (978) 281-9180.
SUPPLEMENTARY INFORMATION: In December 2017, the Council initiated a
comprehensive amendment to the Bluefish Fishery Management Plan (FMP)
to review and update the goals and objectives of this FMP, as well as
reevaluate quota allocation and transfer provisions between sectors and
states, in light of changing fishery conditions and stakeholder
priorities. The Council published a notice of intent to develop an
environmental impact statement for this amendment in accordance with
the National Environmental Policy Act to analyze the impacts of any
proposed management measures (83 FR 26267; June 6, 2018), and held a
series of scoping hearings with the Atlantic States Marine Fisheries
Commission's Bluefish Board in June and July of 2018. Following this
round of scoping, development on the amendment was put on hold until
the results of the August 2019 operational stock assessment were
available that incorporated revised Marine Recreational Information
Program data into its model.
The 2019 assessment determined that the bluefish stock is now
overfished although overfishing is not occurring, and at its December
2019 meeting, the Council decided to add the rebuilding plan to
Amendment 7. The Council must develop and implement a rebuilding plan
within 2 years of notification that a stock is overfished, by the end
of November 2021. Following a second round of scoping hearings in
February and March 2020, the Council and NMFS have determined that the
range of proposed alternatives included in this amendment are not
expected to have significant impacts on the fishery or affected
environment and that an environmental assessment will be developed.
Therefore, this notice announces the Council's withdrawal of the Notice
of Intent to Prepare an Environmental Impact Statement for Amendment 7
to the Bluefish FMP. Development of the amendment will continue with an
environmental assessment instead.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-21877 Filed 10-2-20; 8:45 am]
BILLING CODE 3510-22-P
