National Oceanic and Atmospheric Administration January 22, 2007 – Federal Register Recent Federal Regulation Documents

The North Pacific Fishery Management Council (Council) and its advisory committees will hold public meetings, in Portland, OR.

In accordance with the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that a letter of authorization (LOA) to take three species of marine mammals incidental to missile launch operations from San Nicolas Island, CA (SNI) has been issued to the Naval Air Warfare Center Weapons Division (NAWC-WD), Point Mugu, CA.

The National Marine Fisheries Service (NMFS) announces a 5- year review of the Hawaiian monk seal (Monachus schauinslandi) under the Endangered Species Act (ESA) of 1973. The Hawaiian monk seal was listed as a threatened species under the ESA on November 23, 1976. On April 30, 1986, critical habitat was designated at all beach areas, lagoon waters, and ocean waters out to a depth of 10 fathoms around Kure Atoll, Midway, Pearl and Hermes Reef, Lisianski Island, Laysan Island, Gardner Pinnacles, French Frigate Shoals, Necker Island and Nihoa Island; critical habitat was extended to include Maro Reef and waters around all habitat out to the 20 fathom isobath on May 26, 1988. A 5-year review is a periodic process conducted to ensure that the listing classification of a species is accurate. A 5-year review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on Hawaiian monk seals that has become available since their original listing as an endangered species in 1976. Based on the results of this 5-year review, we will make the requisite findings under the ESA.

The Assistant Regional Administrator for Sustainable Fisheries, Northeast Region, NMFS (Assistant Regional Administrator), has made a preliminary determination that an Exempted Fishing Permit (EFP) application submitted by the University of Maryland Eastern Shore (UMES) contains all of the required information and warrants further consideration. The Assistant Regional Administrator has made a preliminary determination that the activities authorized under this EFP would be consistent with the goals and objectives of the Northeast (NE) Multispecies and Monkfish Fishery Management Plans (FMPs). However, further review and consultation may be necessary before a final determination is made to issue an 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, which would enable researchers to study the biology of large monkfish, would grant exemptions from the NE Multispecies FMP as follows: Western Gulf of Maine (GOM) Closure Area; GOM Rolling Closure Areas I and II; and NE multispecies effort control measures. 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.

Notice is hereby given that NMFS has received an ESA application for a Section 10 permit for scientific research from Mr. David A. Vogel, Natural Resource Scientists in Red Bluff, CA. This notice is relevant to Federally endangered Sacramento River winter-run Chinook salmon (Oncorhynchus tshawytscha), threatened Central Valley spring-run Chinook salmon (O. tshawytscha), threatened Central Valley steelhead (O. mykiss), and threatened Southern Distinct Population Segment of North American green sturgeon (Acipenser medirostris). This document serves to notify the public of the availability of the permit applications for review and comment.

Notice is hereby given that Molly Lutcavage, Department of Zoology, 177 A Spaulding Hall, University of New Hampshire, Durham, NH 03824-2617, has been issued a modification to File No. 1557.