Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices 61025

TABLE 1 - SPECIES OF CONCERN LIST—Continued

Common Name Scientific Name Family Area of Concern 1

bumphead parrotfish Bolbometopon muricatum Scaridae Indo-Pacific-Red Sea and East Africa to the Line Is- lands and Samoa; north to Yaeyama, south to the Great Barrier Reef and New Caledonia; Paulau, Caro- line, Mariana in Micronesia; in U.S. it occurs in Guam, American Samoa, CNMI and the Pacific Remote Is- land Areas (Wake Islands).

Atlantic wolffish Anarhichas lupus Anarhichadidae Atlantic-Georges Bank and western Gulf of Maine.

white marlin Tetrapturus albidus Istiophoridae Atlantic.

cowcod Sebastes levis Scorpaenidae Pacific-Central OR to central Baja California and Gua- dalupe Island, Mexico.

bocaccio Sebastes paucispinis Scorpaenidae Pacific-Southern DPS (Northern CA to Mexico).

Atlantic halibut Hippoglossus hippoglossus Pleuronectidae Atlantic-Labrador to southern New England.

Epinephelus drummondhayi Serranidae Atlantic-NC to .

warsaw Epinephelus nigritus Serranidae Atlantic-MA southward to Gulf of Mexico.

Nassau grouper Epinephelus striatus Serranidae Atlantic-NC southward to Gulf of Mexico.

Brachiopoda

inarticulate brachiopod Lingula reevii Lingulidae Pacific-Hawaii, only Kaneohe Bay.

Mollusks

pink abalone Haliotis corrugata Haliotidae Pacific-Point Conception, CA, to Bahia de Tortuga, Baja California.

black abalone Haliotis cracherodii Haliotidae Pacific-OR, CA, Baja California.

green abalone Haliotis fulgens Haliotidae Pacific-Point Conception, CA, to Bahia Magdalena, Baja California.

pinto abalone Haliotis kamtschatkana Haliotidae Pacific-Sitka, AK, to Point Conception, CA.

Anthozoans ()

Hawaiian reef Montipora dilitata Acroporidae Pacific-Hawaii (Kaneohe Bay, Midway atoll, and Maro Reef).

ivory bush coral varicosa Atlantic-West Indies, Bermuda, NC, FL, Gulf of Mex- ico, .

1 Defines the general geographic area or populations of concern for the species. DPS = distinct population segment, which is a species for purposes of the ESA. ESU = evolutionarily significant unit, which is a DPS or species for purposes of the ESA

[FR Doc. E6–17249 Filed 10–16–06; 8:45 am] Atmospheric Administration (NOAA), objectives of the Northeast (NE) BILLING CODE 3510–22–S Commerce. Multispecies Fishery Management Plan (FMP). Based on preliminary review of ACTION: Notice; request for comments. this project, a Categorical Exclusion (CE) DEPARTMENT OF COMMERCE SUMMARY: The Assistant Regional from requirements to prepare either an Environmental Impact Statement (EIS) National Oceanic and Atmospheric Administrator for Sustainable Fisheries, or an Environmental Assessment (EA) Administration Northeast Region, NMFS (Assistant Regional Administrator) has made a under the National Environmental preliminary determination that the Policy Act (NEPA) appears to be [I.D. 101206A] subject exempted fishing permit (EFP) justified. However, further review and Magnuson-Stevens Act Provisions; application contains all the required consultation may be necessary before a General Provisions for Domestic information and warrants further final determination is made to issue the Fisheries; Application for Exempted consideration. The Assistant Regional EFP. Therefore, NMFS announces that Fishing Permits Administrator has also made a the Assistant Regional Administrator preliminary determination that the proposes to recommend that an EFP be AGENCY: National Marine Fisheries activities authorized under the EFP issued that would allow two Service (NMFS), National Oceanic and would be consistent with the goals and commercial fishing vessels to conduct

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fishing operations that are otherwise sea research using video cameras and a TABLE 1: ESTIMATED TARGETED restricted by the regulations governing net-mind system to tune the CATCH, NON-TARGETED CATCH AND the fisheries of the Northeastern United performance of the net. A net-mind DISCARD BY SPECIES—Continued States. The EFP, which would enable system is a net monitoring system that the applicants to investigate the enables monitoring and managing the Non-Tar- feasibility of using a trawl net with performance of the trawl. During these Species Targeted geted buoyant ground cables and a buoyant first 5 at-sea days, the net would have Catch Catch and sweep to reduce seabed contact and an open codend. After determining the Discards improve species selectivity, would best configuration of ground cables, Cod 0 8,000 lb allow for exemptions from the FMP as floats, drop chains, and sweep position (3,629 kg) follows: Gulf of Maine (GOM) Rolling using the cameras and net-mind system, Closure Areas II, III, IV, and V for two the experimental net would be Gray Sole 0 2,000 lb vessels; and an exemption from the transferred to the second vessel for (907 kg) days-at-sea (DAS) effort control fishing trials. This second vessel would requirements for one vessel. conduct an additional 20 at-sea days of American Plaice 0 2,000 lb Regulations under the Magnuson- research, during which the experimental (907 kg) Stevens Fishery Conservation and net would be compared with a standard Monkfish 0 2,000 lb Management Act require publication of design otter trawl net as a control during (907 kg) this notification to provide interested experimental fishing. During these parties the opportunity to comment on comparative fishing trials, this single All at-sea research would be applications for proposed EFPs. vessel would conduct four 2-hour tows conducted from two fishing vessels, DATES: Comments must be received on per day, alternating each tow between each of which would be fishing in a or before November 1, 2006. fishing the experimental net and fishing different area. This EFP would cover the ADDRESSES: Written comments should the control net. Cameras mounted on F/V Ocean Reporter (permit # 221596, the nets and on tow sleds would be used be sent to Patricia A. Kurkul, Regional O.N. 694848) and the F/V Jeanne C to monitor the seabed before and after Administrator, NMFS, Northeast (permit # 230524, O.N. 610415). The F/ towing, as well as net performance and Regional Office, 1 Blackburn Drive, V Ocean Reporter would conduct the 5 Gloucester, MA 01930. Mark the outside fish behavior in the mouth of the net. All fish caught would be weighed and days of at-sea video and gear tuning of the envelope ‘‘Comments on the work in the area between the western Buoyant Ground Cables Study.’’ as many fish as possible would be measured. All undersized fish, and fish border of the Western GOM Closure Comments may also be sent via Area (42°15′ N. lat., 70°15′ W. long.; and facsimile (fax) to (978) 281–9135, or that cannot legally be retained, would ° ′ ° ′ be returned to the sea as quickly as 43 15 N. lat., 70 15 W. long.) and the submitted via e-mail to: DA6– shore. The F/V Jeanne C would conduct [email protected]. practicable after measurement and examination. The overall catch the 20 days of at-sea experimental FOR FURTHER INFORMATION CONTACT: estimates expected for this project can fishing in an area northeast of the Mark Grant, Fishery Management be found in Table 1. The applicants Western GOM Closure Area and Specialist, (978) 281–9145, fax (978) anticipate that a total of 20,000 lb (9,072 northwest of the Cashes Ledge Closure 281–9135. kg) of haddock and pollock (combined), Area (see Table 2). Both vessels would SUPPLEMENTARY INFORMATION: A the two target species, would be fish exclusively outside the Western complete application for an EFP was harvested throughout the course of the GOM Closed Area. submitted on August 21, 2006, by Kelo study, along with 14,000 lb (6,350 kg) of Pinkham of the F/V Jeanne C for a joint non-targeted catch and discards, TABLE 2: COORDINATES FOR EXPERI- project with Dana Morse, of Maine Sea including 8,000 lb (3,629 kg) of GOM MENTAL FISHING AREA BY F/V Grant, that is funded by the Northeast cod. The estimated cod catch is 66 JEANNE C Consortium (NEC). The primary goal of percent of the current daily possession this research is to develop and test a limit of 600 lb (272 kg) (50 percent of Point N. Lat. W. Long. trawl net with buoyant ground cables the daily limit of 800 lb (363 kg ) 1 43°38′ 69°40′ and a buoyant sweep to reduce seabed proposed in Framework Adjustment 42) contact and increase species selectivity. for the proposed number of DAS. All 2 43°38′ 69°21′ The intent of the applicants is to legal-sized fish, within the possession demonstrate that the experimental net, limit, would be sold, with the proceeds 3 43°20′ 69°40′ if successful, could potentially be returned to the NEC for the purpose of ° ′ ° ′ suitable as an alternate gear for vessels enhancing future research. 4 43 20 69 21 fishing in areas requiring a haddock 5 43°38′ 69°40′ separator trawl and/or fishing areas of TABLE 1: ESTIMATED TARGETED hard bottom with the use of mid-water CATCH, NON-TARGETED CATCH AND doors. The applicants have asked for an The project would be conducted DISCARD BY SPECIES exemption to the regulations at 50 CFR during the fall of 2006 and spring of 648.81(f)(1)(ii) through (v), GOM Rolling Non-Tar- 2007 and would include flume tank Targeted geted Closure Areas II, III, IV, and V, for both trials and 25 days of at-sea trials. An Species Catch Catch and the F/V Ocean Reporter and F/V Jeanne experimental otter trawl net, which Discards C (for 5 DAS and 20 DAS, respectively) would have floats incorporated along due to a belief that there will be a better both the ground cables and the sweep, Haddock 10,000 lb 0 mixture of flounders, pollock, haddock, (4,536 kg) as well as drop chains integrated along and cod for testing the experimental the sweep, would first be constructed Pollock 10,000 lb 0 gear present in the waters of the western and flume tested. After the flume trials, (4,536 kg) GOM during these seasonal closures. one vessel would conduct 5 days of at- Operation during these seasonal

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closures would also increase the dredging on the west side of the Pier 39 Authorization shall be granted if availability of the commercial vessels to Marina on the San Francisco waterfront, NMFS finds that the taking will have a work with scientists on the project CA. NMFS issued an IHA for these negligible impact on the species or because these coastal day boats are activities in October, 2005; however, stock(s), will not have an unmitigable unable to conduct normal commercial BMMI will be unable to complete the adverse impact on the availability of the fishing operations during these seasonal work by the time the 2005 IHA expires species or stock(s) for subsistence uses, closures. on October 16, 2006. Therefore, BMMI and that the permissible methods of The applicants have also requested an has requested a new IHA to cover the taking and requirements pertaining to exemption to the DAS regulations at 50 completion of the previously analyzed the mitigation, monitoring and reporting CFR 648.82(a) for the F/V Ocean and authorized action. Pursuant to the of such takings are set forth. NMFS has Reporter while conducting the 5 at-sea Marine Mammal Protection Act defined ‘‘negligible impact’’ in 50 CFR days of video and gear tuning work (MMPA), NMFS is requesting comments 216.103 as ’’...an impact resulting from because the researchers would tow the on its proposal to issue an IHA to BMMI the specified activity that cannot be nets with the codend open. With the for the take, by Level B Harassment reasonably expected to, and is not exception of a small number of fish that only, of small numbers of California sea reasonably likely to, adversely affect the could be gilled by the net mesh, no fish lions and Pacific harbor seals. species or stock through effects on would be removed from the water DATES: Comments and information must annual rates of recruitment or survival.’’ during these 5 at-sea days of video and be received no later than November 16, Section 101(a)(5)(D) of the MMPA gear tuning work. During the 20 at-sea 2006. established an expedited process by days of comparative fishing trials, the F/ ADDRESSES: Comments on the which citizens of the United States can V Jeanne C would use A DAS and application should be addressed to apply for an authorization to would be subject to all day and trip Michael Payne, Chief, Permits, incidentally take small numbers of possession limits. Conservation and Education Division, The applicants may request minor marine mammals by harassment. Except Office of Protected Resources, National modifications and extensions to the EFP with respect to certain activities not Marine Fisheries Service, 1315 East- throughout the year. EFP modifications pertinent here, the MMPA defines West Highway, Silver Spring, MD and extensions may be granted without ‘‘harassment’’ as: 20910–3225. The mailbox address for further notice if they are deemed any act of pursuit, torment, or annoyance providing email comments is which (i) has the potential to injure a marine essential to facilitate completion of the [email protected]. NMFS is not mammal or marine mammal stock in the wild proposed research and have minimal responsible for e-mail comments sent to [Level A harassment]; or (ii) has the potential impacts that do not change the scope or addresses other than the one provided to disturb a marine mammal or marine impact of the initially approved EFP here. Comments sent via e-mail, mammal stock in the wild by causing request. including all attachments, must not disruption of behavioral patterns, including, Authority: 16 U.S.C. 1801 et seq. exceed a 10–megabyte file size. but not limited to, migration, breathing, Dated: October 12, 2006. A copy of the application containing nursing, breeding, feeding, or sheltering James P. Burgess, a list of the references used in this [Level B harassment]. Acting Director, Office of Sustainable document may be obtained by writing to Section 101(a)(5)(D) establishes a 45– Fisheries, National Marine Fisheries Service. the address specified above, telephoning day time limit for NMFS review of an [FR Doc. E6–17177 Filed 10–16–06; 8:45 am] the contact listed below (see FOR application followed by a 30–day public BILLING CODE 3510–22–S FURTHER INFORMATION CONTACT), or notice and comment period on any visiting the internet at: http:// proposed authorizations for the www.nmfs.noaa.gov/pr/permits/ incidental harassment of marine DEPARTMENT OF COMMERCE incidental.htm#applications. mammals. Within 45 days of the close Documents cited in this notice may be of the comment period, NMFS must National Oceanic and Atmospheric viewed, by appointment, during regular either issue or deny issuance of the Administration business hours, at the aforementioned authorization. address. [I.D. 100306G] Summary of Request FOR FURTHER INFORMATION CONTACT: Jolie Incidental Takes of Marine Mammals Harrison, Office of Protected Resources, On September 14, 2006, NMFS During Specified Activities; NMFS, (301) 713–2289, ext 166. received a request from BMMI to re- Maintenance Dredging Around Pier 39, SUPPLEMENTARY INFORMATION: issue an IHA for the take, by San Francisco, California harassment, of small numbers of Background AGENCY: National Marine Fisheries California sea lions (Zalophus Service (NMFS), National Oceanic and Sections 101(a)(5)(A) and (D) of the californianus) and Pacific harbor seals Atmospheric Administration (NOAA), MMPA (16 U.S.C. 1361 et seq.) direct (Phoca vitulina) incidental to the Commerce. the Secretary of Commerce to allow, maintenance dredging the I, J, and K ACTION: Notice; proposed incidental upon request, the incidental, but not Docks on the west side of Pier 39 take authorization; request for intentional, taking of marine mammals Marina on the San Francisco waterfront, comments. by U.S. citizens who engage in a California. NMFS issued an IHA for specified activity (other than these activities in October, 2005 (70 FR SUMMARY: NMFS has received an commercial fishing) within a specified 69955); however, BMMI will be unable application from the Bay Marina geographical region if certain findings to complete the work by the time the Management Incorporated (BMMI) for are made and either regulations are 2005 IHA expires on October 16, 2006. the re-issuance of an Incidental issued or, if the taking is limited to Therefore BMMI has asked for a new Harassment Authorization (IHA) to take harassment, a notice of a proposed IHA to cover the completion of the small numbers of marine mammals, by authorization is provided to the public previously analyzed and authorized Level B harassment only, incidental to for review. action.

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