Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61205

Copies of states’ most recent 

performance reports, as well as OCRM’s 

notifications and supplemental request 

letters to the state, are available upon 

request from OCRM. Written comments 

from interested parties regarding these 

Programs are encouraged and will be 

accepted until 15 days after the last 

public meeting held for that Program. 

Please direct written comments to Ralph 

Cantral, Chief, National Policy and 

Evaluation Division, Office of Ocean 

and Coastal Resource Management, 

NOS/NOAA, 1305 East-West Highway, 

10th Floor, Silver Spring, Maryland 

20910. When the evaluations are 

completed, OCRM will place a notice in 

the Federal Register announcing the 

availability of the Final Evaluation 

Findings. 

Notice is hereby given of the 

availability of the final evaluation 

findings for the Virginia and New York 

Coastal Management Programs (CMPs); 

and the Old Woman Creek (Ohio) and 

Jacques Cousteau (New Jersey) National 

Estuarine Research Reserves (NERRs). 

Sections 312 and 315 of the Coastal 

Zone Management Act of 1972 (CZMA), 

as amended, require a continuing 

review of the performance of coastal 

states with respect to approval of CMPs 

and the operation and management of 

NERRs. 

The states of Virginia and New York 

were found to be implementing and 

enforcing their federally approved 

coastal management programs, 

addressing the national coastal 

management objectives identified in 

CZMA Section 303(2)(A)–(K), and 

adhering to the programmatic terms of 

their financial assistance awards. Old 

Woman Creek (Ohio) and Jacques 

Cousteau (New Jersey) NERRs were 

found to be adhering to programmatic 

requirements of the NERR System. 

Copies of these final evaluation 

findings may be obtained upon written 

request from: Ralph Cantral, Chief, 

National Policy and Evaluation 

Division, Office of Ocean and Coastal 

Resource Management, NOS/NOAA, 

1305 East-West Highway, 10th Floor, 

Silver Spring, Maryland 20910, or 

Ralph.Cantral@noaa.gov, (301) 713–

3155, extension 118.

FOR FURTHER INFORMATION CONTACT:

Ralph Cantral, Chief, National Policy 

and Evaluation Division, Office of 

Ocean and Coastal Resource 

Management, NOS/NOAA, 1305 EastWest Highway, 10th Floor, Silver 

Spring, Maryland 20910, (301) 713–

3155, extension 118.

Dated: September 27, 2004. 

Eldon Hout, 

Director, Office of Ocean and Coastal 

Resource Management.

[FR Doc. 04–23164 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–08–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

Notice of Availability of the Final 

Reserve Operations Plan for the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC).

ACTION: Notice.

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

announces the availability of the Final 

Reserve Operations Plan for the 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve (Reserve). The 

Reserve Operations Plan (ROP) is a 

requirement of Executive Order 13178, 

as finalized by Executive Order 13196 

(hereinafter Executive Order or EO). The 

ROP was presented to the public on two 

separate occasions in 2002 and 2004, 

and over 30,000 public comments 

resulted from both open public 

comment periods. 

The most recent public comment 

period for the ROP opened on March 19, 

2004 (69 FR 13022) and ended on May 

15, 2004. Approximately 29,400 public 

comments were received during this 

period, with about 27,000 arriving by email and the remainder by letter and 

fax. In addition, the Northwestern 

Hawaiian Islands Coral Reef Ecosystem 

Reserve Advisory Council provided 

both general and specific comments on 

the draft final ROP as did the Marine 

Mammal Commission, Western Pacific 

Regional Fisheries Management Council 

and a group of 13 local and national 

conservation organizations, claiming to 

represent over 3.4 million members. A 

similar letter was also received from a 

group of 10 conservation organizations 

(many of the same as above), 

collectively representing more than 2.7 

million members.

FOR FURTHER INFORMATION CONTACT:

Robert P. Smith, (808) 933–8181, 

nwhi@noaa.gov.

To Obtain a Hard Copy of the Final 

Reserve Operations Plan: Requests can 

be mailed to NWHI Coral Reef 

Ecosystem Reserve, 6700 Kalanianaole 

Highway, #215, Honolulu, Hawaii 

96825; faxed to (808) 397–2662; emailed to nwhi@noaa.gov or 

downloaded at http://

www.hawaiireef.noaa.gov.

SUPPLEMENTARY INFORMATION: The 

Northwestern Hawaiian Islands Coral 

Reef Ecosystem Reserve (Reserve) was 

established by Executive Orders 13178 

and 13196. Pursuant to the EO, NOAA 

prepared a draft Reserve Operations 

Plan that was issued for public review 

in February 2002 (67 FR 11998), which 

provided a guide for management of the 

Reserve during a process that will 

consider the marine environment of the 

Northwestern Hawaiian Islands for 

designation as a National Marine 

Sanctuary. Significant public comment 

was received on the first draft, and the 

NMSP considered the public comment 

and worked with the Reserve Advisory 

Council to produce a second draft 

Reserve Operations Plan. A second 

public review period was conducted 

from March 19 through May 15, 2004 

and over 29,000 comments were 

received. 

Comments and Responses 

From all of the public comments 

received, a number of comments were 

accepted by NOAA which corrected 

technical inaccuracies and/or added 

additional clarifying information as 

improvements to the ROP, and were 

incorporated into the final document, 

either verbatim as suggested, or 

addressed by explanation. An example 

of a comment received and accepted 

which addressed a technical inaccuracy 

was ‘‘The correct Latin name for killer 

whale is ‘Orcinus’ and should replace 

‘Orsinus’’. Significant comments to the 

ROP are generally described below, with 

NOAA’s responses. 

1. Comment: NOAA should, through 

the Department of Commerce, carry out 

formal regulations for the Executive 

Orders that would be enforceable within 

the Reserve. 

Response: The NMSP will not pursue 

the issuance of any additional 

regulations for the Reserve. The NMSP’s 

priority is to finalize the ROP and focus 

on the sanctuary designation process, 

which will include the development of 

regulations for the preferred alternative, 

rather than undertake a resourceintensive, concurrent process to issue 

regulations for the Reserve.

2. Comment: The ROP should include 

a penalty schedule for violation of all 

Reserve prohibitions. 

Response: Executive Orders 13178 

and 13196, which established the 

Reserve, provide specific conservation 

measures that apply to the Reserve. 

61206 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 

Most of these measures are selfexecuting and need no additional action 

on the part of the NMSP. Remedies 

applicable to violations will depend on 

the circumstances of the particular case. 

Further, the National Marine 

Sanctuaries Amendments Act of 2000 

does not contain a provision for 

assessing penalties. As such, the 

National Marine Sanctuary Program has 

determined it is not necessary to list a 

schedule of penalties for the Reserve. 

3. Comment: The ROP fails to provide 

specific plans and actions on how to 

recover endangered and threatened 

species within the Reserve. 

Response: Actions needed for the 

recovery of species listed as endangered 

or threatened under the Endangered 

Species Act of 1973, as amended, are 

addressed in formal Recovery Plans. 

Recovery Plans for most terrestrial 

species are written and carried out 

under the authority of the U.S. 

Department of the Interior, Fish and 

Wildlife Service. Similarly, Recovery 

Plans for most species of marine 

mammals are prepared and 

implemented under the authority of the 

U.S. Department of Commerce, National 

Marine Fisheries Service. In some 

instances where species rely on both the 

land and the ocean for essential life 

stages (such as with sea turtles and 

monk seals in the NWHI), the Recovery 

Plans are jointly written by the agencies, 

and recovery actions are shared. Copies 

of Recovery Plans pertaining to 

threatened and endangered species 

within the Northwestern Hawaiian 

Islands may be obtained by contacting 

the offices of the agencies mentioned 

above. The Northwestern Hawaiian 

Islands Coral Reef Ecosystem Reserve, 

through cooperative interagency efforts 

described in the Reserve Operations 

Plan, will coordinate and assist either 

responsible agency in the Northwestern 

Hawaiian Islands. 

4. Comment: The Reserve should 

implement mandatory access permits 

and a mandatory access notification 

system. 

Response: The Reserve manager 

currently reviews requests for permits 

pertaining to activities proposed in the 

Reserve that are otherwise prohibited by 

the Executive Order. However, a 

mandatory access notification system is 

not mandated by the EO and thus is not 

a requirement for the ROP. 

5. Comment: The ROP should 

constitute the ‘‘No Action’’ alternative 

for any sanctuary designation proposal. 

The Executive Summary should be 

expanded to note that the ROP 

establishes a Reserve management 

framework that will remain in place 

until modified or replaced by a 

management program that incorporates 

provisions of the Executive Orders in an 

approved sanctuary decision. 

Response: A statement regarding the 

ROP as a ‘‘No Action’’ alternative has 

been added to the ROP. However, the 

NMSP does not agree with the portion 

of the comment which suggests that the 

ROP and provisions of the EO be 

approved as part of a sanctuary 

decision, as this is speculative and 

premature relative to the process 

mandated by the National Marine 

Sanctuaries Act and the National 

Environmental Policy Act. 

6. Comment: Clearly some of the 

responsibilities related to enforcement 

in the NWHI reside with other parts of 

NOAA or with other federal agencies. 

Including such high costs for 

enforcement in the draft ROP greatly 

inflates the estimate of total funding 

required for maintaining and operating 

the Reserve. 

Response: An enforcement workshop 

effort took place in May and June of 

2004 to gather knowledge and exchange 

ideas among multiple federal and state 

agencies with the intent to develop a 

unified approach to surveillance and 

monitoring in the NWHI. The cost of 

surveillance and monitoring of the 

Reserve or who will bear the costs have 

yet to be determined. The enforcement 

costs in the draft ROP are the best 

projections at this point in time.

7. Comment: NOAA’s marine debris 

cleanup efforts should focus on areas 

that pose a high risk of monk seal 

entanglement (i.e., adjacent to places 

where monk seal pups are born and 

where young seals may learn to swim 

and feed). Given the magnitude of the 

debris problem and the length of time 

that will likely be required to 

adequately cleanup the entire region, 

the Marine Mammal Commission 

continues to believe that it is necessary 

to prioritize areas for clean up. 

Therefore, the ROP should indicate the 

highest priority need is to remove debris 

from areas of particular importance to 

monk seals. 

Response: The Desired Outcome of 

the Marine Debris Action Plan of the 

ROP was expanded to read ‘‘To reduce 

threats by marine debris to natural 

resources in the Reserve and 

neighboring waters with an emphasis on 

preventing endangered species 

entanglement.’’ The following statement 

was also added ‘‘Areas identified as 

most important for marine debris 

removal should be consistent with 

endangered species recovery efforts, 

such as monk seal recovery.’’

8. Comment: The ROP does not 

contain enough background information 

on the four fisheries (lobster, pelagic 

species, bottomfish, and precious coral) 

undertaken or proposed in recent years 

in the NWHI. This lack of information 

on current NWHI stocks, allowable 

fishing levels, and efforts to manage 

these fisheries stands in sharp contrast 

to the more detailed discussions of other 

resources such as cultural and historic 

resources. Its brevity is inappropriate 

given the major focus on fishery 

management needs and measures in the 

Executive Orders. The discussion 

should be expanded and included in a 

separate action plan on fisheries. 

Response: The NMSP believes the 

ROP contains adequate descriptions of 

fisheries for the purposes of 

implementing the Executive Order. 

Sanctuary designation requires an 

Environmental Impact Statement (EIS). 

The EIS will contain detailed 

background information on the relevant 

fisheries, will include a thorough 

analysis of issues associated with 

fishing activities, and will also assess 

management implications to fishing 

activities. 

9. Comment: The ROP should 

implement a mandatory domestic Vessel 

Monitoring System (VMS). 

Response: The Executive Order does 

not state that a vessel monitoring system 

be mandatory; rather it directs the ROP 

to consider the use of VMS, if warranted 

(see Sec 5(b)(10) of EO 13178). 

Reserve Operations Plan 

The EO directs that the ROP shall be 

directed at priority issues and actions. 

The EO also directs that the ROP should 

address such issues as coordinated 

management among the agencies with 

relevant jurisdiction in the 

Northwestern Hawaiian Islands, clean 

up and prevention of marine debris, 

restoration of degraded or injured 

resources, research and education, 

enforcement and surveillance, 

identification and coordination with 

Native Hawaiian interests on cultural 

uses and locations, and designation of 

the Reserve as a National Marine 

Sanctuary. 

The NMSP prepared the revised draft 

Reserve Operations Plan, following 

templates used for the management 

plans of the National Marine Sanctuary 

Program. The document is composed of 

a set of function- and issue-oriented 

action plans (as topically identified in 

the Executive Order), with supporting 

documentation. Each action plan 

focuses on strategies, and outlines what, 

who, why, when, and how different 

activities will be conducted. Following 

is a list of the action plans contained in 

the final Reserve Operations Plan: 

• Operations: includes interagency 

coordination, activity and area 

Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Notices 61207

identification, Reserve/Sanctuary 

Advisory Council operations, 

development of fishing caps and 

permitting procedures, and 

infrastructure development; 

• Education: encompasses all 

education, outreach, and interpretive 

projects; 

• Native Hawaiian Cultural 

Resources: consists of all projects 

related to Native Hawaiian culture, uses, 

and locations; 

• Maritime Heritage: contains projects 

related to maritime historic resources; 

• Research and Monitoring: contains 

all projects related to research and 

monitoring; 

• Mapping: covers all projects related 

to developing nautical charts and maps 

of the NWHI; 

• Response, Damage Assessment, and 

Restoration: contains projects related to 

contingency planning, response, and 

restoration; 

• Marine Debris: consists of projects 

related to the removal of marine debris 

from the NWHI; 

• Enforcement: includes air and sea 

support for existing enforcement 

operations and expansion of a vessel 

monitoring system; and 

• Designation: comprised of all 

projects related to the Sanctuary 

designation process. 

The ROP provides a guide for 

management of the Reserve during the 

time necessary to consider the 

Northwestern Hawaiian Islands for 

designation as a National Marine 

Sanctuary. The designation process is 

currently underway (January 19, 2001, 

66 FR 5509).

Authority: Pub. L. 106–513; Executive 

Order 13178; and Executive Order 13196.

Dated: October 7, 2004. 

Richard W. Spinrad, 

Assistant Administrator, Ocean Services and 

Coastal Zone Management, National Oceanic 

and Atmospheric Administration.

[FR Doc. 04–23165 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–NK–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration 

Public Comment for Enhancement of 

the Initial Integrated Ocean Observing 

System (IOOS)

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

DOC.

ACTION: Notice of opportunity for 

written public comment. 

SUMMARY: This notice announces the 

opportunity for the public to comment 

on the First Annual Integrated Ocean 

Observing System (IOOS) Development 

Plan, available on October 15, 2004 at 

www.ocean.us. Comments are due not 

later than close of business on Monday, 

November 1, 2004 and should be 

submitted via e-mail to 

k.stump@ocean.us or in writing to Ms. 

Kristine Stump; Ocean.US; 2300 

Clarendon Boulevard, Suite 1350; 

Arlington, VA 22201.

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this 

Notice, please contact Ms. Kristine 

Stump, Ocean.US Telephone: (703) 

588–0855. E-mail: k.stump@ocean.us.

SUPPLEMENTARY INFORMATION: Ocean.US 

is the national office for the integrated 

and sustained ocean observing system. 

Ocean.US has conducted several 

workshops and has completed a draft of 

the preliminary First Annual IOOS 

Development Plan, which, along with 

reports of the workshops, can be 

reviewed at www.ocean.us. IOOS will 

be a sustained network of sensors on 

buoys, ships, satellites, underwater 

vehicles, and other platforms that 

routinely supply the data and 

information needed for rapid detection 

and timely predictions of changes in our 

nation’s coastal waters and on the high 

seas. An initial IOOS consisting of 

existing systems has been identified, 

and needs for enhancements have been 

submitted by stakeholders. The First 

Annual IOOS Implementation 

Conference, convened August 31–

September 2, 2004, allowed 

stakeholders to review and prioritize 

IOOS enhancements. Results of the 

conference may be obtained by 

contacting Ms. Kristine Stump 

(k.stump@ocean.us).

Dated: October 8, 2004. 

Richard W. Spinrad, 

Assistant Administrator for Ocean Services 

and Coastal Zone Management, National 

Oceanic and Atmospheric Administration.

[FR Doc. 04–23163 Filed 10–14–04; 8:45 am] 

BILLING CODE 3510–JE–M

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS

Adjustment of Import Limits for Certain 

Cotton and Man-Made Fiber Textile 

Products Produced or Manufactured in 

Bangladesh

October 8, 2004.

AGENCY: Committee for the 

Implementation of Textile Agreements 

(CITA).

ACTION: Issuing a directive to the 

Commissioner, Bureau of Customs and 

Border Protection adjusting limits.

EFFECTIVE DATE: October 15, 2004.

FOR FURTHER INFORMATION CONTACT: Ross 

Arnold, International Trade Specialist, 

Office of Textiles and Apparel, U.S. 

Department of Commerce, (202) 482–

4212. For information on the quota 

status of these limits, refer to the Quota 

Status Reports posted on the bulletin 

boards of each Customs port, call (202) 

927–5850, or refer to the Bureau of 

Customs and Border Protection website 

at http://www.cbp.gov. For information 

on embargoes and quota re-openings, 

refer to the Office of Textiles and 

Apparel website at http://

otexa.ita.doc.gov.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended.

The current limit for Categories 340/

640 is being increased for swing, 

reducing the limit for Category 341 to 

account for the swing being applied to 

Categories 340/640.

A description of the textile and 

apparel categories in terms of HTS 

numbers is available in the 

CORRELATION: Textile and Apparel 

Categories with the Harmonized Tariff 

Schedule of the United States (see 

Federal Register notice 69 FR 4926, 

published on February 2, 2004). Also 

see 68 FR 59915, published on October 

20, 2003.

D. Michael Hutchinson, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements.

Committee for the Implementation of Textile 

Agreements

October 8, 2004.

Commissioner,

Bureau of Customs and Border Protection, 

Washington, DC 20229.

Dear Commissioner: This directive 

amends, but does not cancel, the directive 

issued to you on October 14, 2003, by the 

Chairman, Committee for the Implementation 

of Textile Agreements. That directive 

concerns imports of certain cotton and manmade fiber textile products, produced or 

manufactured in Bangladesh and exported 

during the twelve-month period which began 

on January 1, 2004 and extends through 

December 31, 2004.

Effective on October 15, 2004, you are 

directed to adjust the limits for the following 

categories, as provided for under the Uruguay 

Round Agreement on Textiles and Clothing:

Category Adjusted twelve-month 

limit 1

340/640 .................... 6,460,573 dozen.