Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 56995

environmental impact statement (EIS) is 

needed for this project. 

This project involves construction of 

a multiple-purpose reservoir as a 

supplement to the on-going Public Law 

83–566 East Locust Creek Watershed 

project. The project supplement will 

include one rural water supply reservoir 

with additional purposes of flood 

protection, recreation, and fish and 

wildlife habitat enhancement. 

A draft EIS will be prepared and 

circulated for review by agencies and 

the public. The Natural Resources 

Conservation Service invites 

participation and consultation of 

agencies and individuals that have 

special expertise, legal jurisdiction, or 

interest in the preparation of the draft 

EIS. A field investigation is scheduled 

for September 27 and 28, 2004, and 

additional planning Meetings will be 

scheduled as needed. Further 

information on the proposed action may 

be obtained from Harold Deckerd, 

Assistant State Conservationist, at the 

above address or telephone number.

Dated: September 16, 2004. 

Roger A. Hansen, 

State Conservationist.

[FR Doc. 04–21390 Filed 9–22–04; 8:45 am] 

BILLING CODE 3410–16–P

DEPARTMENT OF COMMERCE

International Trade Administration 

President’s Export Council: Meeting of 

the President’s Export Council

AGENCY: International Trade 

Administration, U.S. Department of 

Commerce.

ACTION: Notice of an open meeting.

SUMMARY: The President’s Export 

Council (PEC) will hold a full Council 

meeting to discuss topics related to 

export expansion. The meeting will 

include discussion of trade priorities 

and initiatives, the World Trade 

Organization, PEC subcommittee 

activity and proposed letters of 

recommendation. The PEC was 

established on December 20, 1973, and 

reconstituted May 4, 1979, to advise the 

President on matters relating to U.S. 

trade. It was most recently renewed by 

Executive Order 13316.

DATES: September 29, 2004.

TIME: 9 a.m. to 11 a.m.

ADDRESSES: Room 2237, Rayburn House 

Office Building, Washington, DC 20515. 

This program is physically accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be submitted no 

later than September 20, 2004, to J. Marc 

Chittum, President’s Export Council, 

Room 4043, Washington, DC 20230 

(Telephone: 202–482–1124). Seating is 

limited and will be on a first come, first 

served basis.

FOR FURTHER INFORMATION CONTACT: J. 

Marc Chittum, President’s Export 

Council, Room 4043, Washington, DC 

20230 (Phone: 202–482–1124), or visit 

the PEC Web site, http://

www.ita.doc.gov/td/pec.

Dated: September 20, 2004. 

J. Marc Chittum, 

Staff Director and Executive Secretary, 

President’s Export Council.

[FR Doc. 04–21468 Filed 9–21–04; 12:05 pm] 

BILLING CODE 3510–DR–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 083104A]

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Operation of an Offshore 

Oil and Gas Platform in the Beaufort 

Sea

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Notice of receipt of application 

for an incidental take authorization; 

request for comments and information.

SUMMARY: NMFS has received a request 

from BP Exploration (Alaska), 900 East 

Benson Boulevard, Anchorage, AK 

99519 (BP) for renewal of an 

authorization to take small numbers of 

marine mammals incidental to 

operation of an offshore oil and gas 

platform at the Northstar facility in the 

Beaufort Sea in state waters. NMFS is 

considering whether to propose new 

regulations that would govern the 

incidental taking of small numbers of 

marine mammals under a Letter of 

Authorization (LOA) issued to BP. In 

order to promulgate regulations and 

issue an LOA, NMFS must determine 

that these takings will have a negligible 

impact on the affected species and 

stocks of marine mammals. NMFS 

invites comment on the application and 

suggestions on the content of the 

regulations.

DATES: Comments and information must 

be postmarked no later than October 25, 

2004.

ADDRESSES: Comments on the 

application should be addressed to 

Steve Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910–3225, or by telephoning one of 

the contacts listed here. The mailbox 

address for providing email comments 

is PR1.083104A@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier: 

083104A. Please use only one method 

for submitting comments. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10–megabyte file size. A copy 

of the application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the contact listed here 

and is also available at:http://

www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications.

FOR FURTHER INFORMATION CONTACT:

Kenneth R. Hollingshead, NMFS, 301–

713–2055, ext. 128 or Brad Smith, 

NMFS, (907) 271–5006.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) of the Marine 

Mammal Protection Act (16 U.S.C. 1361 

et seq.)(MMPA) directs the Secretary of 

Commerce (Secretary) to allow, upon 

request, the incidental, but not 

intentional taking of marine mammals 

by U.S. citizens who engage in a 

specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and regulations are issued.

Permission may be granted for periods 

of 5 years or less if the Secretary finds 

that the taking will have a negligible 

impact on the species or stock(s), will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses, and 

regulations are prescribed setting forth 

the permissible methods of taking and 

the requirements pertaining to the 

monitoring and reporting of such taking.

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ‘‘an 

impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ Except for 

certain categories of activities not 

pertinent here, the MMPA defines 

‘‘harassment’’ as any act of pursuit, 

torment, or annoyance which:

(i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

56996 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment].

Summary of Request

In 1999, BP petitioned NMFS to issue 

regulations governing the potential 

taking of small numbers of whales and 

seals incidental to oil and gas 

development and operations in arctic 

waters of the United States. That 

petition was submitted pursuant to 

section 101(a)(5)(A) of the MMPA. 

Regulations were promulgated by NMFS 

on 25 May 2000 (65 FR 34014). These 

regulations authorize the issuance of 

annual LOAs for the incidental, but not 

intentional, taking of small numbers of 

marine mammals of six species in the 

event that such taking occurred during 

construction and operation of an oil and 

gas facility in the Beaufort Sea offshore 

from Alaska. The six species are the 

ringed seal (Phoca hispida), bearded 

seal (Erignathus barbatus), spotted seal 

(Phoca largha), bowhead whale 

(Balaena mysticetus), gray whale 

(Eschrichtius robustus), and beluga 

whale (Delphinapterus leucas). To date, 

LOAs have been issued on September 

18, 2000 (65 FR 58265, September 28, 

2000), December 14, 2001 (66 FR 65923, 

December 21, 2001), December 9, 2002 

(67 FR 77750, December 19, 2002), and 

on December 4, 2003 (68 FR 68874, 

December 10, 2003). The current LOA 

expires on December 3, 2004. A fifth 

LOA will be requested by BP later in 

2004 to cover the period through May 

25, 2005, when the current regulations 

expire.

On August 30, 2004, BP requested a 

renewal of five-year regulations 

governing the take of small numbers of 

marine mammals incidental to 

operation of an offshore oil and gas 

platform at the Northstar facility in the 

Beaufort Sea in state waters. A copy of 

this application can be found at: http:/

/www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications. The 

following sections summarize the 

information contained in the 

application.

Description of the Activity

BP is currently producing oil from an 

offshore development in the Northstar 

Unit. This development is the first in 

the Beaufort Sea that makes use of a 

subsea pipeline to transport oil to shore 

and then into the Trans-Alaska Pipeline 

System. The Northstar facility was built 

in State of Alaska waters approximately 

6 miles (9.6 kilometers (km)) north of 

Point Storkersen and slightly less than 

3.5 miles (5.5 km) from the closest 

barrier island. It is located adjacent to 

Prudhoe Bay, and is approximately 54 

miles (87 km) northeast of Nuiqsut, an 

Inupiat community. The main facilities 

associated with Northstar include a 

gravel island work surface for drilling 

and oil production facilities, and two 

pipelines connecting the island to the 

existing infrastructure at Prudhoe Bay. 

One pipeline transports crude oil to 

shore, and the second imports gas from 

Prudhoe Bay for gas injection and power 

generation at Northstar. Permanent 

living quarters and supporting oil 

production facilities are also located on 

the island. The construction of 

Northstar began in early 2000 and 

continued through 2001. Well drilling 

began on December 14, 2000, and oil 

production commenced on October 31, 

2001. The well-drilling program ended 

in May, 2004 and the drill rig is 

expected to be demobilized by barge 

during the 2004 or 2005 open-water 

period. Although future drilling is not 

specifically planned, additional wells or 

well work-over may be required at some 

time in the future. Oil production will 

continue beyond the period of the 

requested authorization.

Description of Marine Mammals 

Affected by the Activity

The following six species of seals and 

cetaceans can be expected to occur in 

the region of proposed activity and be 

affected by the Northstar facility: ringed, 

spotted and bearded seals, and 

bowhead, gray and beluga whales. 

General information on these species 

can be found in NMFS Stock 

Assessment Reports. These documents 

are available at: http://

www.nmfs.noaa.gov/protlres/PR2/

StocklAssessmentlProgram/

sars.html#Stock Assessment Reports. 

More detailed information on these 6 

species can be found in BP’s 

application, which is available at: http:/

/www.nmfs.noaa.gov/protlres/PR2/

SmalllTake/

smalltakelinfo.htm#applications.

In addition to these six species for 

which an incidental take authorization 

is sought, other species that may occur 

rarely in the Alaskan Beaufort Sea 

include the harbor porpoise (Phocoena 

phocoena), killer whale (Orcinus orca), 

narwhal (Monodon monoceros), and 

hooded seal (Cystophora cristata). 

Because of the rarity of these species in 

the Beaufort Sea, BP does not expect 

individuals of these species to be 

exposed to, or affected by, any activities 

associated with the planned Northstar 

activities. As a result, BP has not 

requested these species be included 

under its incidental take authorization. 

Two other marine mammal species 

found in this area, the Pacific walrus 

(Odobenus rosmarus) and polar bear 

(Ursus maritimus), are managed by the 

U.S. Fish and Wildlife Service 

(USFWS). Potential incidental takes of 

those two species will be the subject of 

a separate incidental take application by 

BP to the USFWS.

Potential Effects on Marine Mammals

The potential impacts of the planned 

offshore oil development at Northstar on 

marine mammals involve both acoustic 

and non-acoustic effects. The presence 

of facilities and personnel, and the 

unlikely occurrence of an oil spill, are 

potential sources of non-acoustic effects. 

Acoustic effects involve sounds 

produced by activities such as power 

generation and oil production on 

Northstar Island, heavy equipment 

operations on ice, impact hammering, 

drilling, and camp operations. Some of 

these sounds were more prevalent 

during the construction and drilling 

periods, and sound levels emanating 

from Northstar are expected to be 

reduced during the ongoing production 

period. During average ambient 

conditions, some activities are expected 

to be audible to marine mammals at 

distances up to 10 km (5.4 nautical 

miles (nm)) away. However, because of 

the poor transmission of on-island 

sounds into the water, and their low 

effective source levels, sounds from 

production operations are not expected 

to disturb marine mammals at distances 

beyond a few kilometers from the 

Northstar development.

Responses by pinnipeds to noise are 

highly variable. Responses observed to 

date by ringed seals during the icecovered season are limited to short-term 

behavioral changes in close proximity to 

activities at Northstar. During the openwater season responses by ringed seals 

are expected to be even less than during 

the ice-covered season. A major oil spill 

is unlikely (please see response to 

comments 2 and 3 in 66 FR 65923 

(December 21, 2001) for a discussion on 

potential for an oil spill to affect marine 

mammals in the Beaufort Sea), but the 

impact of an oil spill on seals could be 

lethal to some heavily oiled pups or 

adults. However, even in the unlikely 

event of a major spill, the overall 

impacts to seal populations would be 

minimal due to the small fraction of the 

population that would be exposed to, 

and seriously affected by, recently 

spilled oil.

Responses to Northstar by migrating 

bowhead and beluga whales would be 

short-term and limited due to the 

typically small proportion of whales 

Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 56997

that migrate near Northstar and the 

relatively low levels of underwater 

sounds propagating seaward from the 

island at most times. The limited 

deflection effects that may occur would 

happen mainly when vessels are 

operating for prolonged periods near 

Northstar. An oil spill is unlikely and, 

if one occurred, it is even less likely to 

disperse into the main migration 

corridor for either whale species. The 

effects of oiling on bowhead and beluga 

whales are unknown, but could include 

fouling of baleen, irritation of the eye, 

skin, and respiratory tract (if heavily 

oiled).

Potential Impacts on Subsistence Use of 

Marine Mammals

Inupiat hunters emphasize that all 

marine mammals are sensitive to noise, 

and, therefore, they make as little noise 

as possible when hunting. Bowhead 

whales often show avoidance or other 

behavioral reactions to strong 

underwater noise near industrial 

activities, but often tolerate the weaker 

noise received when the same activities 

are occurring farther away. Various 

studies have provided information 

about these sound levels and distances 

(Richardson and Malme, 1993; 

Richardson et al., 1995a,b; Miller et al., 

1999). However, scientific studies done 

to date have limitations, as discussed in 

part by Moore and Clarke (1992) and in 

Minerals Management Service (MMS, 

1997). Inupiat whalers believe that some 

migrating bowheads are diverted by 

noises at greater distances than have 

been demonstrated by scientific studies 

(e.g., Rexford, 1996; MMS, 1997). The 

whalers have also mentioned that 

bowheads sometimes seem more skittish 

and more difficult to approach when 

industrial activities are underway in the 

area. There is also concern about the 

persistence of any deflection of the 

bowhead migration corridor, and the 

possibility that sustained deflection 

might influence subsistence farther 

‘‘downstream’’ during the fall migration.

Underwater sounds associated with 

drilling and production operations have 

lower source levels than do the seismic 

pulses and drillship sounds that have 

been the main concern of the Inupiat 

hunters. Sounds from vessels 

supporting activities at Northstar will 

attenuate below ambient noise levels at 

closer distances than do seismic or 

drillship sounds. Thus, reaction 

distances for whales approaching 

Northstar are expected to be 

considerably shorter than those for 

whales approaching seismic vessels or 

drillships (BPXA, 1999).

Recently, there has been concern 

among Inupiat hunters that barges and 

other vessels operating within or near 

the bowhead migration corridor may 

deflect whales for an extended period 

(J.C. George, NSB-DWM, pers. comm to 

Williams). It has been suggested that, if 

the headings of migrating bowheads are 

altered through avoidance of vessels, the 

whales may subsequently maintain the 

‘‘affected’’ heading well past the direct 

zone of influence of the vessel. This 

might result in progressively increasing 

deflection as the whale progresses west. 

However, crew boats and barges 

supporting Northstar remain well 

inshore of the main migration corridor, 

so this type of effect is unlikely to occur 

in response to Northstar-related vessel 

traffic.

Potential effects on subsistence could 

result from direct actions of oil 

development upon the biological 

resources or from associated changes in 

human behavior. For example, the 

perception that marine mammals might 

be contaminated or ‘‘tainted’’ by an oil 

spill could affect subsistence patterns 

whether or not marine mammals are 

actually contaminated. The BP 

application discusses both aspects in 

greater detail.

In past years, a Plan of Cooperation 

was negotiated between BP, the Alaska 

Eskimo Whaling Commission, and the 

North Slope Borough, and discussions 

regarding future agreements are ongoing. A new Plan will address concerns 

relating to subsistence harvest of marine 

mammals in the region surrounding 

Northstar.

Mitigation

Mitigation proposed by BP includes 

avoidance of seal lairs by 100 m (328 ft) 

if new activities occur on the floating 

sea ice after 20 March or such other date 

in March specified by NMFS. In 

addition, BP proposes to mitigate 

potential acoustic effects that might 

occur due to exposure of whales or seals 

to strong pulsed sounds. If BP needs to 

conduct an activity capable of 

producing pulsed underwater sound 

with levels ≥180 or ≥190 dB re 1 μPa 

(rms) at locations where whales or seals 

could be exposed, BP proposes to 

monitor safety zones defined by those 

levels. Activities producing underwater 

sound levels ≥180 or ≥190 dB re 1 μPa 

(rms) would be temporarily shut down 

if whales and seals, respectively, occur 

within the relevant radii. The purposes 

of these mitigation measures are to 

minimize impacts to marine mammals 

and their habitat, and to ensure the 

availability of marine mammals for 

subsistence purposes.

Monitoring

The results of intensive studies and 

analyses to date (Richardson and 

Williams (eds), 2004) suggest that the 

biological effects of Northstar are subtle 

and equivocal, and small in the context 

of natural variation of the marine 

ecosystem.

The monitoring proposed by BP 

includes some research components to 

be implemented annually and others to 

be implemented on a contingency basis. 

Basking and swimming ringed seals 

would be counted annually by Northstar 

personnel in a systematic fashion to 

document the long-term stability of 

ringed seal abundance and habitat use 

near Northstar. BP proposes to monitor 

the bowhead migration in 2005 and 

subsequent years using two Directional 

Autonomous Seafloor Acoustic 

Recorders (DASARs) to record nearisland sounds and two to record whale 

calls. If BP needs to conduct an activity 

capable of producing pulsed underwater 

sound with levels ≥180 or ≥190 dB re 1 

μPa (rms) at locations where whales or 

seals could be exposed, BP proposes to 

monitor safety zones defined by those 

levels. The monitoring proposed would 

be used in estimating the numbers of 

marine mammals that may be disturbed 

(i.e., taken by Level B harassment), 

incidental to operations of Northstar.

Reporting

BP proposes to submit a single annual 

monitoring report, with the first report 

to cover the activities from May through 

October 2005, and subsequent reports to 

cover activities from November of one 

year through October of the next year. 

BP proposes that the first report, 

concerning May-October 2005, would be 

due on June 1, 2006. For subsequent 

years, it is proposed that the annual 

report (to cover monitoring during a 12–

month November-October period) 

would be submitted on June 1st of the 

following year.

The annual reports would provide 

summaries of BP’s Northstar activities. 

These summaries would include the 

following: dates and locations of iceroad construction, on-ice activities, 

vessel/hovercraft operations, oil spills, 

emergency training, and major repair or 

maintenance activities thought to alter 

the variability or composition of sounds 

in a way that might have detectable 

effects on ringed seals or bowhead 

whales. The annual reports would also 

provide details of ringed seal and 

bowhead whale monitoring, the 

monitoring of Northstar sound via the 

nearshore DASAR, estimates of the 

numbers of marine mammals exposed to 

project activities, descriptions of any 

56998 Federal Register / Vol. 69, No. 184 / Thursday, September 23, 2004 / Notices 

observed reactions, and documentation 

of any apparent effects on accessibility 

of marine mammals to subsistence 

hunters.

BP also proposes to submit a single 

comprehensive report on the monitoring 

results from mid–2005 to mid–2009 no 

later than 240 days prior to expiration 

of the regulations, i.e., by September 

2009. That date assumes the regulations 

will become effective in May 2005 and 

expire in May 2010.

If specific mitigation is required for 

activities on the sea ice initiated after 20 

March (requiring searches with dogs for 

lairs), or during the operation of strong 

sound sources (requiring visual 

observations and shut-down), then a 

preliminary summary of the activity, 

method of monitoring, and preliminary 

results would be submitted within 90 

days after the cessation of that activity. 

The complete description of methods, 

results and discussion would be 

submitted as part of the annual report.

Any observations concerning possible 

injuries, mortality, or an unusual marine 

mammal mortality event would be 

transmitted to NMFS within 48 hours.

Request for Information

This notice is being published in 

conformance with NMFS regulations at 

50 CFR 104(b)(1)(ii). NMFS requests 

interested persons to submit comments, 

information, and suggestions concerning 

the request and the structure and 

content of the regulations to allow the 

taking. NMFS will consider this 

information in developing proposed 

regulations. Prior to submitting 

comments, NMFS recommends 

reviewers of this document first read the 

responses to comments for the current 

regulations (see 65 FR 34014, May 25, 

2000 and 66 FR 65923, December 21, 

2001). If NMFS proposes regulations to 

allow this take, interested parties would 

be provided with a 45–day comment 

period within which to submit 

comments on the proposed rule.

Dated: September 17, 2004.

Laurie K. Allen,

Director, Office of Protected Resources, 

National Marine Fisheries Service.

[FR Doc. 04–21400 Filed 9–22–04; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[I.D. 091604B]

Endangered Species; File No. 1486 and 

File No. 1505

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Receipt of applications for 

permits.

SUMMARY: Notice is hereby given of the 

following actions regarding permits for 

scientific research on shortnose 

sturgeon (Acipenser brevirosturm): 

NMFS has received a permit application 

from the South Carolina Department of 

Natural Resources, Freshwater Fisheries 

Section (Mr. Doug Cooke, Principal 

Investigator), P.O. Drawer 190, 305 

Black Oak Road, Bonneau, SC 29431 

(File No. 1505). NMFS has received a 

request to modify a permit application 

from Mr. Harold M. Brundage, 

Environmental Research and 

Consulting, Inc., 112 Commons Court, 

Chadds Ford, PA 19317 (File No. 1486).

DATES: Written or telefaxed comments 

must be received on or before October 

25, 2004.

ADDRESSES: The applications and 

related documents are available for 

review upon written request or by 

appointment in the following office(s):

All documents: Permits, Conservation 

and Education Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Room 13705, Silver 

Spring, MD 20910; phone (301)713–

2289; fax (301)713–0376.

For File No. 1486: Northeast Region, 

NMFS, One Blackburn Drive, 

Gloucester, MA 01930–2298; phone 

(978)281–9200; fax (978)281–9371; and

For File No. 1505: Southeast Region, 

NMFS, 9721 Executive Center Drive 

North, St. Petersburg, FL 33702–2432; 

phone (727)570–5301; fax (727)570–

5320.

Written comments or requests for a 

public hearing on these applications 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on the particular request would 

be appropriate.

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period.

Comments may also be submitted by 

e-mail. The mailbox address for 

providing email comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: either File No. 1486 or File 

No. 1505.

FOR FURTHER INFORMATION CONTACT:

Jennifer Jefferies or Dr. Tammy Adams, 

(301)713–2289.

SUPPLEMENTARY INFORMATION: The 

subject permits are requested under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR 222–226).

File No. 1510: The South Carolina 

Department of Natural Resources seeks 

authorization to sample and track 

shortnose sturgeon in South Carolina 

coastal waters. Annually, up to 50 fish 

would be captured via gill nets, trot 

lines, and trawls, measured, weighed, 

PIT and dart tagged, tissue sampled for 

genetic testing and the fish subsequently 

released. A subset of 20 fish annually 

would also have a fin ray removed for 

aging studies, be outfitted with a radio/

sonic transmitter and tracked and/or 

have gastric lavage performed on them. 

Additionally, the researchers would 

utilize drift nets and deploy buffer pads 

to collect up to 200 shortnose sturgeon 

eggs annually. A second study would be 

conducted specifically in the SanteeCooper River system: annually, up to 48 

fish would be captured via gill nets, trot 

lines, and trawls, measured, weighed, 

PIT and dart tagged, tissue sampled for 

genetic testing, blood sampled, sexed 

via laparascopy and the fish 

subsequently released. This research 

would be conducted for five years from 

issuance of the permit. A total of 2 

incidental mortalities annually are 

requested.

File No. 1486: A notice of receipt of 

an application from Mr. Harold 

Brundage to conduct scientific research 

on shortnose sturgeon was published on 

May 27, 2004 (69 FR 30287). Mr. 

Brundage sought authorization to 

sample and track shortnose sturgeon in 

the Delaware River/Bay and Chesapeake 

Bay for five years. Annually, up to 3,500 

fish in the Delaware system and up to 

130 fish in the Chesapeake Bay were to 

be captured via gill nets and trawls, 

measured, weighed, PIT and floy T-bar 

tagged, tissue sampled, and the fish 

subsequently released. Additionally, up 

to 60 of the total fish sampled annually