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]

Download as PDF 62712 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. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 23:42 Oct 02, 2020 Jkt 253001 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 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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: PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 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]


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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.

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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