[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74007-74008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30175]



[[Page 74007]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XAO29


Federal Aquatic Nuisance Species Research Risk Analysis Protocol

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of availability of finalized research protocol.

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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) 
announces the availability of the finalized Federal Aquatic Nuisance 
Species Research Risk Analysis Protocol (Protocol), developed by the 
Research Protocol Committee, a committee of the Aquatic Nuisance 
Species Task Force (ANSTF).

ADDRESSES: Electronic copies of the finalized Protocol are available on 
the ANSTF Web site, http://anstaskforce.gov/documents.php. To obtain a 
hard copy of the Protocol, see Document Availability under 
SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Margaret M. (Peg) Brady, Phone: 301-
713-0174; e-mail: <a href="/cdn-cgi/l/email-protection#045461632a467665607d446a6b65652a636b72"><span class="__cf_email__" data-cfemail="5f0f3a38711d2d3e3b261f31303e3e71383029">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Introduction

    The Aquatic Nuisance Species Task Force (ANSTF) is an 
intergovernmental organization dedicated to preventing and controlling 
aquatic nuisance species, and implementing the Non-indigenous Aquatic 
Nuisance Prevention and Control Act. The National Oceanic and 
Atmospheric Administration and U.S. Fish and Wildlife Service serve as 
co-chairs of the ANSTF. The ANSTF developed a research protocol as is 
required by the Non-indigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (NANPCA, Public Law 101-646, 104 STAT. 4671, 16 U.S.C. 
4701-4741), as amended by the National Invasive Species Act, 1996. 
Section 1202(f)(2) of NANPCA directs the ANSTF to establish a protocol 
``to ensure that research activities carried out under [NANPCA] do not 
result in the introduction of aquatic nuisance species to waters of the 
United States.''
    Responsibility for actual use of this Protocol is specified in 
section (f)(3) of the NANPCA: ``The Task Force shall allocate funds 
authorized under this Act for competitive research grants to study all 
aspects of aquatic nuisance species, which shall be administered 
through the National Sea Grant College Program and the Cooperative 
Fishery and Wildlife Research Units. Grants shall be conditioned to 
ensure that any recipient of funds follows the protocol established 
under paragraph (2) of this subsection.''
    Throughout this document both the descriptors ``non-indigenous'' 
and/or ``nuisance'' are used when referring to aquatic species that are 
the target of this risk analysis. Language used in the NANPCA 
differentiates between a non-indigenous species and a nuisance species, 
with a ``non-indigenous'' label being solely based on the historic 
range of the species, while a ``nuisance'' designation is based on a 
species being both non-indigenous and potentially harmful (``threatens 
the diversity or abundance of native species or the ecological 
stability of infested waters, or commercial, agricultural, aquacultural 
or recreational activities dependent on such waters''). The ANSTF 
Research Committee adopted a precautionary approach by targeting this 
risk analysis to all aquatic non-indigenous species research, 
regardless of the ``nuisance'' designation. The intent of the 
procedures outlined herein is to minimize to the extent practicable the 
risk of release and spread of aquatic non-indigenous species into areas 
they do not yet inhabit, since any non-indigenous species may become a 
nuisance species. Not only is it often not possible to be sure that a 
species won't become a nuisance (as defined) in the future, the 
possession and/or release of non-indigenous species may be illegal 
under various Federal, State, or local laws, which may or may not 
differentiate between non-indigenous and nuisance species.

Background

    The finalized document (``the Protocol'') will replace the 
previously established ``Protocol for Evaluating Research Proposals 
Concerning Aquatic Non-indigenous Species,'' adopted in draft form in 
1992 and finalized and published by the ANSTF in July 1994. The 1994 
protocol applies only to research involving aquatic non-indigenous 
species (ANS) and is designed to reduce the risk that research 
activities may cause introduction or spread of such aquatic species. 
Other potential means of introduction, such as bait movement, aquaria 
disposal, ballast water discharge, movement of recreational boats, 
movement of fishing gear, and horticultural sales, are not addressed in 
the 1994 protocol.
    In 2008 the ANSTF requested the Research Committee (a Committee of 
the ANSTF) to evaluate and recommend revisions to the 1994 protocol, as 
needed. According to the Society for Risk Analysis (SRA, http://www.sra.org), the elements or components of a risk analysis include 
risk assessment, risk characterization, risk communication, risk 
management, and policy relating to risk. This revised Protocol 
incorporates three of those elements--it requires a risk assessment 
(Part I) and then, if needed, establishment and implementation of a 
risk management plan (Part II), with the combined results communicated 
to the funding agency as part of the proposal and funding process. 
Therefore, this revised Protocol is renamed ``Federal Aquatic Nuisance 
Species Research Risk Analysis Protocol.'' The draft was approved by 
the ANSTF on November 5, 2009. A notice of availability of the draft 
revised research protocol and request for comments was published in the 
Federal Register on August 31, 2010 (75 FR 53273). The period of public 
comment expired on October 15, 2010. During this time period one 
comment was received. The ANSTF reviewed and considered this comment 
and determined the statement was not pertinent to the Protocol; thus, 
further revision of the document was not necessary and the Protocol was 
accepted to be finalized.
    The revised Protocol supplements, but does not replace, other 
existing Federal guidelines established to control activities with 
specific major classes of organisms. This document does not eliminate 
or in any way affect other legal requirements.
    The Protocol encourages the incorporation of a Hazard Analysis and 
Critical Control Point (HACCP) approach for prevention planning within 
research activities. Information about the use of HACCP is available at 
http://www.seagrant.umn.edu/ais/haccp. A Web site detailing the 
application of HACCP to natural resource pathways, plus a link to 
download a HACCP wizard that helps create HACCP plans, can be found at 
http://www.haccp-nrm.org.

Document Availability

    You may obtain copies of the Protocol by any one of the following 
methods:
    <bullet> Internet: http://anstaskforce.gov/documents.php
    <bullet> Write: Susan Pasko, National Oceanic and Atmospheric 
Administration. 1315 East West Highway, SSMC 3, Rm. 15531 Silver 
Spring, MD 20910; Telephone: (301) 713-0174 x 165; E-mail: 
<a href="/cdn-cgi/l/email-protection#60331513010e4e3001130b0f200e0f01014e070f16"><span class="__cf_email__" data-cfemail="fba88e889a95d5ab9a889094bb95949a9ad59c948d">[email protected]</span></a>.

[[Page 74008]]

    <bullet> Mail or hand-delivery: Susan Pasko, National Oceanic and 
Atmospheric Administration. 1315 East West Highway, SSMC 3, Rm. 15531 
Silver Spring, MD 20910.
    <bullet> Fax: (301) 713-1594.

    Dated: November 23, 2010.
Patricia A. Montanio,
Director, Office of Habitat Conservation, National Marine Fisheries 
Service.
[FR Doc. 2010-30175 Filed 11-29-10; 8:45 am]
BILLING CODE 3510-22-P


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