Department of Commerce October 17, 2006 – Federal Register Recent Federal Regulation Documents

We, NMFS, revise: our species of concern list by adding three and removing six species; our definition of candidate species; and our candidate species list by adding four species and removing two. We solicit information and comments on the status of, and research and stewardship opportunities for, species of concern.

The National Oceanic and Atmospheric Administration publish this notice to announce the availability of the draft Prospectus for one of the U.S. Climate Change Science Program (CCSP) Synthesis and Assessment Products for public comment. This draft Prospectus addresses the following CCSP Topic: Product 2.4 Trends in emissions of ozone-depleting substances, ozone layer recovery, and implications for ultraviolet radiation exposure and climate change. After consideration of comments received on the draft Prospectus, the final Prospectus along with the comments received will be published on the CCSP web site.

NMFS has received an application from the Bay Marina Management Incorporated (BMMI) for the re-issuance of an Incidental Harassment Authorization (IHA) to take small numbers of marine mammals, by Level B harassment only, incidental to dredging on the west side of the Pier 39 Marina on the San Francisco waterfront, CA. NMFS issued an IHA for these activities in October, 2005; however, BMMI will be unable to complete the work by the time the 2005 IHA expires on October 16, 2006. Therefore, BMMI has requested a new IHA to cover the completion of the previously analyzed and authorized action. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to BMMI for the take, by Level B Harassment only, of small numbers of California sea lions and Pacific harbor seals.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator) has made a preliminary determination that the subject exempted fishing permit (EFP) application contains all the required information and warrants further consideration. 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 Northeast (NE) Multispecies Fishery Management Plan (FMP). Based on preliminary review of this project, a Categorical Exclusion (CE) from requirements to prepare either an Environmental Impact Statement (EIS) or an Environmental Assessment (EA) under the National Environmental Policy Act (NEPA) appears to be justified. 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 two commercial fishing vessels to conduct fishing operations that are otherwise restricted by the regulations governing the fisheries of the Northeastern United States. The EFP, which would enable the applicants to investigate the feasibility of using a trawl net with buoyant ground cables and a buoyant sweep to reduce seabed contact and improve species selectivity, would allow for exemptions from the FMP as follows: Gulf of Maine (GOM) Rolling Closure Areas II, III, IV, and V for two vessels; and an exemption from the days-at-sea (DAS) effort control requirements for one vessel. 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.