Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11121 

seven days. The revised deadline for the 

final results of this review is now March 

9, 2010. See Memorandum to the Record 

from Ronald Lorentzen, DAS for import 

Administration, regarding ‘‘Tolling of 

Administrative Deadlines As a Result of 

the Government Closure During the 

Recent Snowstorm,’’ dated February 12, 

2010. 

Scope of the Order 

The merchandise subject to this 

antidumping duty order consists of 

hand trucks manufactured from any 

material, whether assembled or 

unassembled, complete or incomplete, 

suitable for any use, and certain parts 

thereof, namely the vertical frame, the 

handling area and the projecting edges 

or toe plate, and any combination 

thereof. 

A complete or fully assembled hand 

truck is a hand–propelled barrow 

consisting of a vertically disposed frame 

having a handle or more than one 

handle at or near the upper section of 

the vertical frame; at least two wheels at 

or near the lower section of the vertical 

frame; and a horizontal projecting edge 

or edges, or toe plate, perpendicular or 

angled to the vertical frame, at or near 

the lower section of the vertical frame. 

The projecting edge or edges, or toe 

plate, slides under a load for purposes 

of lifting and/or moving the load. 

That the vertical frame can be 

converted from a vertical setting to a 

horizontal setting, then operated in that 

horizontal setting as a platform, is not 

a basis for exclusion of the hand truck 

from the scope of this order. That the 

vertical frame, handling area, wheels, 

projecting edges or other parts of the 

hand truck can be collapsed or folded is 

not a basis for exclusion of the hand 

truck from the scope of the order. That 

other wheels may be connected to the 

vertical frame, handling area, projecting 

edges, or other parts of the hand truck, 

in addition to the two or more wheels 

located at or near the lower section of 

the vertical frame, is not a basis for 

exclusion of the hand truck from the 

scope of the order. Finally, that the 

hand truck may exhibit physical 

characteristics in addition to the vertical 

frame, the handling area, the projecting 

edges or toe plate, and the two wheels 

at or near the lower section of the 

vertical frame, is not a basis for 

exclusion of the hand truck from the 

scope of the order. 

Examples of names commonly used to 

reference hand trucks are hand truck, 

convertible hand truck, appliance hand 

truck, cylinder hand truck, bag truck, 

dolly, or hand trolley. They are typically 

imported under heading 8716.80.50.10 

of the Harmonized Tariff Schedule of 

the United States (HTSUS), although 

they may also be imported under 

heading 8716.80.50.90. Specific parts of 

a hand truck, namely the vertical frame, 

the handling area and the projecting 

edges or toe plate, or any combination 

thereof, are typically imported under 

heading 8716.90.50.60 of the HTSUS. 

Although the HTSUS subheadings are 

provided for convenience and customs 

purposes, the Department’s written 

description of the scope is dispositive. 

Excluded from the scope are small 

two–wheel or four–wheel utility carts 

specifically designed for carrying loads 

like personal bags or luggage in which 

the frame is made from telescoping 

tubular materials measuring less than 5/ 

8 inch in diameter; hand trucks that use 

motorized operations either to move the 

hand truck from one location to the next 

or to assist in the lifting of items placed 

on the hand truck; vertical carriers 

designed specifically to transport golf 

bags; and wheels and tires used in the 

manufacture of hand trucks. The written 

description remains dispositive. 

Analysis of Comments Received 

All issues raised in this case are 

addressed in the Issues and Decision 

Memorandum from John M. Andersen, 

Acting Deputy Assistant Secretary for 

AD/CVD Operations, Import 

Administration, to Carole Showers, 

Acting Deputy Assistant Secretary for 

Import Administration, dated March 2, 

2010 (Decision Memorandum), which is 

hereby adopted by this notice. The 

issues discussed in the Decision 

Memorandum include the likelihood of 

continuation or recurrence of dumping 

and the magnitude of the margin likely 

to prevail if the order was revoked. 

Parties can find a complete discussion 

of all issues raised in this sunset review 

and the corresponding 

recommendations in this public 

memorandum, which is on file in room 

1117 of the main Department building. 

In addition, a complete version of the 

Decision Memorandum can be accessed 

directly on the Internet at http:// 

ia.ita.doc.gov/frn/. The paper copy and 

electronic version of the Decision 

Memorandum are identical in content. 

Final Results of Sunset Review 

The Department has determined that 

revocation of the antidumping duty 

order on hand trucks from the PRC 

would likely lead to continuation or 

recurrence of dumping at the following 

percentage weighted–average margins: 

Manufacturers/ 

Exporters/Producers 

Weighted–Average 

Margin (Percent) 

Qingdao Taifa Group 

Co., Ltd. .................... 26.49 percent 

True Potential Co. ........ 33.68 percent 

Qingdao Huatian Hand 

Truck Co., Ltd. .......... 46.48 percent 

Shandong Machinery 

Import & Export 

Group Corp. .............. 32.76 percent 

Qingdao Future Tool 

Inc. ............................ 32.76 percent 

PRC–wide rate ............. 383.60 percent 

This notice serves as the only 

reminder to parties subject to 

administrative protective orders (APO) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305. 

Timely notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a violation which is subject to 

sanction. 

The Department is issuing and 

publishing these results and this notice 

in accordance with sections 751(c), 752, 

and 777(i)(1) of the Act. 

Dated: March 2, 2010. 

Carole Showers, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–5111 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU31 

Incidental Takes of Marine Mammals 

During Specified Activities; 

Replacement and Repair of Fur Seal 

Research Observation Towers and 

Walkways on St. Paul Island, Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed Incidental 

Harassment Authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from the NMFS, Alaska 

Region (NMFS AKR) for an Incidental 

Harassment Authorization (IHA) to take 

small numbers of marine mammals, by 

Level B harassment, incidental to 

conducting replacement and repair of 

northern fur seal research observation 

towers and walkways on St. Paul Island, 


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11122 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

Alaska, from April to June and 

December, 2010. NMFS has reviewed 

the application, including all supporting 

documents, and determined that it is 

adequate and complete. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an IHA to NMFS 

AKR to take, by Level B harassment 

only, marine mammals incidental to 

specified activities within the specified 

geographic region. 

DATES: Comments and information must 

be received no later than April 9, 2010. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225. The mailbox address for 

providing email comments is PR1.0648– 

XU31@noaa.gov. 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. 

All comments received are a part of 

the public record and will generally be 

posted to http://www.nmfs.noaa.gov/pr/ 

permits/incidental.htm without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the address specified above, telephoning 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may be viewed, by appointment, 

during regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein or Jolie Harrison, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) directs 

the Secretary of Commerce 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 either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization to take small 

numbers of marine mammals by 

harassment shall be granted if NMFS 

finds that the taking will have a 

negligible impact on the species or 

stock(s) and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth to achieve the 

least practicable adverse impact. 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.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

with respect to certain 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 [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]. 

16 USC 1362(18). 

Section 101(a)(5)(D) establishes a 45– 

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period for any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny the authorization. 

Summary of Request 

On February 2, 2010, NMFS received 

a letter from NMFS AKR requesting an 

IHA to authorize the take, by Level B 

harassment, of small numbers of 

northern fur seals (Callorhinus ursinus) 

incidental to conducting replacement 

and repair operations for fur seal 

research observation towers and 

walkways on St. Paul Island, Alaska. 

NMFS is currently contracting 

demolition, repair, and select 

replacement of northern fur seal 

observation towers and walkways. The 

original timing restrictions for this 

project would have allowed human 

presence and work on the rookeries only 

until April 20, 2010, which would have 

made the incidental take of northern fur 

seals unlikely. However, the proposed 

construction season has been extended 

to the first week of June in order to 

provide flexibility in the construction 

schedule to complete the replacement 

and repair of the observation towers and 

walkways during a single winter and 

spring season. NMFS AKR has 

identified a need to authorize the 

incidental taking of northern fur seals 

hauling out on St. Paul Island during 

their intermittent and early season 

presence through early June. 

The purpose of the replacement and 

repair operations is to provide safe 

access for fur seal researchers into the 

dense breeding aggregations of northern 

fur seals. Safe access for researchers is 

required because northern fur seals 

exhibit strong site fidelity, tenacity, and 

high levels of aggression within dense 

aggregations. In addition, non-territorial 

fur seals are sensitive to human 

presence within and near breeding areas 

as a result of visual, auditory, and 

olfactory stimuli. The observation 

towers and walkways provide elevated 

access to observe and count breeding 

and resting fur seals, reducing stimuli 

that influence fur seal behavior. 

Additional information on the 

construction project is contained below 

and in the IHA application, which is 

available upon request (see ADDRESSES). 

Description of the Proposed Specified 

Activities 

NMFS AKR is currently contracting 

demolition, repair and select 

replacement of northern fur seal 

research infrastructure on St. Paul 

Island, Alaska. The objective of this 

work is to repair 47 fur seal observation 

towers and their associated walkways 

within fur seal breeding areas around 

the island. Prior to the replacement 

phase of the project, old towers and 

walkways will need to be demolished. 

The replacement work will occur at the 

Reef rookery (i.e., breeding area), if 

funding is available in future years it 

will occur at other sites. Seven 

observation towers will be replaced at 

the Reef rookery, and the long term plan 

is to replace and repair the remaining 40 

towers at the other rookeries around the 

island (depending on funding). 

Construction crews will be using 

hand carpentry techniques, possibly 

supplemented with small gasoline 

generators, and pneumatic tools. Most 

construction sites are inaccessible to 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11123 

vehicles with the exception of all-terrain 

vehicles and equipment or snow 

machines, if conditions allow. Crews 

will be primarily accessing the 

immediate worksites by foot. The 

proposed action includes summer and 

fall construction restrictions to protect 

northern fur seals from disturbances 

during the breeding and pup rearing 

period. Repair and replacement 

activities will include human presence 

within the fur seal breeding areas and 

use of all-terrain and four-wheel drive 

vehicles to transport personnel, 

equipment, and materials. Construction 

crews will use hand and power tools, 

gas-powered generators, and air 

compressors. Construction crews will 

need to demolish and remove old 

towers and walkways prior to 

replacement of new structures. Large 

boulders or uneven terrain will be 

altered to facilitate construction or 

access to areas where new foundations 

are to be placed. 

NMFS AKR biologists will begin daily 

marine mammal monitoring for the 

presence of fur seals on April 20, 2010 

and record the number and response of 

northern fur seals to the proposed 

actions until June 7, 2010. Construction 

activities will cease and demobilization 

will begin if the incidental taking of 

northern fur seals is predicted to exceed 

that authorized in the IHA prior to June 

1, 2010, otherwise all activities will be 

completed on the rookeries by June 7, 

2010. 

Additional details regarding the 

proposed action can be found in the 

IHA application and Draft 

Environmental Assessment (EA). 

Proposed Dates, Duration, and Location 

of Specified Activity 

The research walkways and towers 

will be repaired and replaced on St. 

Paul Island, Alaska from January 4, 

2010, through June 7, 2010, and again in 

December, 2010 if necessary and 

authorized. The proposed dates of the 

authorization will be from April 20 to 

June 7, 2010, and December 1 to 31, 

2010, which is during the presence of 

fur seals at the location of the specified 

activity. See below for information 

regarding when northern fur seals arrive 

(i.e., when incidental take starts 

occurring). 

Description of Marine Mammals and 

Habitat Affected in the Proposed 

Activity Area 

Several marine mammal species are 

known to or could occur in the Bering 

Sea off the Alaska coastline (see Table 

1 below). The northern fur seal is the 

only species of marine mammal 

managed by NMFS that may be present 

in the project area during the 

construction project. Northern fur seals 

are not listed as threatened or 

endangered under the Endangered 

Species Act (ESA), but are designated as 

depleted under the MMPA. Other 

marine mammal species managed by 

NMFS that inhabit the Bering Sea, but 

are not anticipated to occur in the 

Bering Sea project area during the 

replacement and repair activities, are 

listed in Table 1 (below). Polar bears 

and Pacific walrus also occur in the 

Bering Sea, but they are not addressed 

further, since they are managed under 

the jurisdiction of the U.S. Fish and 

Wildlife Service (USFWS). 

The marine mammals that occur in 

the proposed action area belong to four 

taxonomic groups: mysticetes (baleen 

whales), odontocetes (toothed whales), 

pinnipeds (seals, sea lions, and walrus), 

and carnivores (polar bears). Table 1 

below outlines the marine mammal 

species and their habitat in the region of 

the proposed activity area. 

TABLE 1. THE HABITAT AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE PROPOSED SSTUDY AREA IN

THE U.S. BERING SEA OFF OF ALASKA. 

Species Habitat ESA1

Mysticetes 

Bowhead whale (Balaena mysticetus) Pack ice and coastal EN 

North Pacific right whale (Eubalaena japonica) Coastal and shelf EN 

Gray whale (Eschrichtius robustus) Coastal and lagoons NL 

Humpback whale (Megaptera novaeangliae) Mainly nearshore waters and 

banks 

EN 

Minke whale (Balaenoptera acutorostrata) Shelf and coastal NL 

Sei whale (Balaenoptera borealis) Primarily offshore and pelagic EN 

Fin whale (Balaenoptera physalus) Slope, mostly pelagic EN 

Blue whale (Balaenoptera musculus) Pelagic and coastal EN 

Odontocetes 

Killer whale (Orcinus orca) Widely distributed NL 

Beluga whale (Delphinapterus leucas) Coastal, ice edges NL 

Baird’s beaked whale (Berardius bairdii) Pelagic NL 

Stejneger’s beaked whale (Mesoplodon stejnegeri) Likely pelagic NL 

Harbor porpoise (Phocoena phocoena) Coastal, inland waters NL 

Dall’s porpoise (Phocoenoides dalli) Slope, offshore waters NL 

Pinnipeds 

Northern fur seal (Callorhinus ursinus) Pelagic, breeds coastally NL 


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TABLE 1. THE HABITAT AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE PROPOSED SSTUDY AREA IN

THE U.S. BERING SEA OFF OF ALASKA.—Continued 

Species Habitat ESA1

Steller sea lion (Eumetopias jubatus) Mostly pelagic, high relief EN 

Bearded seal (Erignathus barbatus) Ice NL 

Spotted seal (Phoca largha) Pack ice Proposed T (Southern 

DPS) 

NL (Okhotsk and Bering 

DPSs) 

Ringed seal (Phoca hispida) Landfast and pack ice NL 

Ribbon seal (Histriophoca fasciata) Landfast and pack ice NL 

Pacific harbor seal (Phoca vitulina richardsi) Coastal NL 

Pacific Walrus (Odobenus rosmarus divergens) Ice, coastal NL 

Carnivores 

Polar bear (Ursus maritimus marinus) Ice, coastal T 

1 U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL = Not listed 

Not all of these species (listed in 

Table 1 above) are expected to be 

harassed from the described proposed 

activities. Because the activities are 

occurring on land, only northern fur 

seals are expected to be disturbed by the 

project. 

Northern fur seals (Callorhinus 

ursinus) are likely to be found within 

the activity area. Northern fur seals are 

seasonal residents on St. Paul Island, 

and may be found on the breeding and 

resting areas around the island from late 

April until early December. 

Adult males are the most likely group 

of northern fur seals to be encountered 

on St. Paul during the spring of 2010. By 

June 1, 2010, NMFS estimates about 50 

percent of the maximum count of adult 

males will be on all the St. Paul Island 

breeding areas of 4,976 adult male 

northern fur seals. NMFS’ estimate 

includes territorial males, and nonterritorial males. 

In addition, NMFS estimates 

intermittent arrival and departure of few 

sub-adult males during the winter and 

spring. Most sub-adult male seals begin 

arriving during the last week of May 

resulting in a few tens to a hundred 

seals at any of the hauling grounds on 

St. Paul Island (Gentry, 1981) 

Northern Fur Seal 

Northern fur seals occur from 

southern California north to the Bering 

Sea and west to the Okhotsk Sea and 

Honshu Island, Japan. During the 

summer breeding season, most of the 

worldwide population is found on the 

Pribilof Islands in the southern Bering 

Sea, with the remaining animals on 

rookeries in Russia, on Bogoslof Island 

in the southern Bering Sea, and on San 

Miguel Island off Southern California 

(Lander and Kajimura, 1982; NMFS, 

1993). This species may temporarily 

haul-out onto land at other sites in 

Alaska, British Columbia, and on islets 

along the coast of the continental U.S., 

but generally do so outside of the 

breeding season (Fiscus, 1983). 

Northern fur seals are colonial 

breeding pinnipeds that exhibit strong 

site fidelity and currently breed on a 

few islands in the North Pacific Ocean 

and Bering Sea. Adult male fur seals, 

about three to five times larger than 

females, arrive at rookeries prior to the 

late June/July breeding season and 

defend territories within the rookery. 

Beginning in mid-June the rookeries are 

occupied by breeding females, who 

within a few days give birth and begin 

nursing their single pup. Lactating 

females cycle between on shore 

attendance and at-sea foraging trips 

during the nursing period (July to 

November). 

NMFS designated the Pribilof Islands 

northern fur seal population depleted 

on June 17, 1988 (53 FR 17888) because 

it declined to less than 50 percent of 

levels observed in the late 1950s and no 

compelling evidence suggested that the 

northern fur seal carrying capacity of 

the Bering Sea had changed 

substantially since the late 1950s. 

Towell and Ream (2008) report that the 

2008 pup production estimate for St. 

Paul Island was 6.6 percent less than the 

estimate in 2006. The 2008 pup 

production estimate for St. George 

Island was 6.4 percent greater than the 

estimate in 2006. Since the depleted 

designation in 1988 pup production on 

St. Paul Island has declined by 40 

percent (171,610 pups born to 102,674) 

and on St. George Island by 27 percent 

(24,280 pups born to 18,160). 

Male northern fur seals arrive on all 

of their breeding islands in reverse 

proportion to their age. That is, the 

oldest seals arrive first followed by 

progressively younger seals. Thus adult 

males nine years old and older arrive as 

early as late April and persist 

intermittently at first and then 

permanently (for territorial males) for 

the duration of their tenure on the 

island which generally ranges for about 

30 to 60 days (Gentry, 1998). All nonterritorial males (i.e., younger than 7 

years old) arrive on the island and cycle 

between fasting and resting on shore 

and foraging trips at sea from June 

through November (Sterling and Ream, 

2004). Fur seals can be observed on and 

near St. Paul Island in nearly every 

month of the year, but the probability of 

encountering a hauled-out fur seal in 

any month from December until April is 

highly uncertain and near zero for any 

particular day. 

Two separate stocks of northern fur 

seals are recognized within U.S. waters, 

an Eastern Pacific stock and a San 

Miguel Island stock. The most recent 

estimate for the number of fur seals in 

the Eastern Pacific stock, based on pup 

counts from 2002 on Sea Lion Rock, 

from 2006 on the Pribilof Islands, and 

from 2005 on Bogoslof Island is 665,500 

animals. The minimum population 

estimate is 654,437 animals; this 

estimate includes the first pup counts 

on Bogoslof Island in more than 5 years 

and does not indicate population 

increase. 

NMFS anticipates that no northern fur 

seals will be injured, seriously injured, 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11125 

or killed during the replacement and 

repair activities with incorporation of 

the described proposed mitigation and 

monitoring measures. Because of the 

proposed mitigation and monitoring 

requirements discussed in this 

document, NMFS and NMFS AKR 

believes it is highly unlikely that the 

proposed activities would have the 

potential to injure (Level A harassment), 

or cause serious injury, or mortality of 

northern fur seals; however, they may 

temporarily leave or avoid the area 

where the proposed construction 

activities may occur, thus resulting in 

Level B harassment. NMFS AKR has 

requested the incidental take of 579 

adult male northern fur seals (9,785 

times) and 1,000 sub-adult northern 

male fur seals (one time) or 1,579 total 

individual northern fur seals for the 

proposed action. The requested take is 

approximately 0.24 percent of the 

estimated minimum (654,437) Eastern 

Pacific stock. NMFS has determined 

that the number of requested incidental 

takes for the proposed action is small 

relative to population estimates of 

northern fur seals. 

Further information on the biology 

and local distribution of these species 

and others in the region can be found in 

NMFS AKR’s application, which is 

available upon request (see ADDRESSES), 

and the NMFS Marine Mammal Stock 

Assessment Reports, which are available 

online at: http://www.nmfs.noaa.gov/pr/ 

species/. 

Potential Effects of Activities on Marine 

Mammals 

All anticipated takes likely to occur 

incidental to the proposed construction 

activities would be Level B harassment 

(as defined in 50 CFR 216.3), involving 

short-term, temporary changes in 

behavior. Incidental harassment may 

result if hauled-out animals move away 

from the field crew personnel. For the 

purpose of estimating the number of 

pinnipeds taken by these activities, 

NMFS assumes that pinnipeds that 

move or change the direction of their 

movement in response to the presence 

of field crew personnel are taken by 

Level B harassment. Animals that 

merely raise their head and look at the 

field crew personnel are not considered 

to have been taken. 

Some adult seals may depart, but 

NMFS AKR anticipates most will alter 

their activity budgets due to stimuli 

related construction. NMFS used the 

2006 adult male counts because they 

were available and partitioned by 

section, and because the continued 

decline of northern fur seals provided 

us with a conservative (i.e., biased high) 

estimate. NMFS estimates about five 

percent of the adult males, less than one 

percent of sub-adult males, and no 

females or pups on St. Paul Island will 

be exposed to the proposed construction 

activities. NMFS anticipates sub-adult 

seals will be displaced from their resting 

areas if encountered during 

construction. The NMFS AKR 

anticipates there will be no significant 

impact on the species or stock of 

northern fur seals from the proposed 

construction activity on the rookeries 

prior to and after the breeding season. 

Given the considerations noted above, 

and the small proportion of the total 

northern fur seal population potentially 

disturbed by the proposed construction 

activity, the effects of operations are 

expected to be limited to short-term and 

localized displacement (behavioral 

changes) within the work sites involving 

relatively small numbers of seals. The 

effects of the proposed construction 

operations fall within the MMPA 

definition of Level B harassment. The 

impacts of the proposed construction 

activities are expected to be negligible 

for the northern fur seal stock and 

populations. 

Potential Effects of Activities on Marine 

Mammal Habitat 

The NMFS AKR does not anticipate 

any negative impact on northern fur seal 

habitat from the demolition, repair, and 

replacement of observation towers and 

walkways on St. Paul Island. These 

structures have been located in nearly 

the same areas for at least 50 years at 

some locations and northern fur seals 

continue to use the habitat around the 

structures. The demolition and removal 

of condemned structures will restore 

some small areas of fur seal habitat. The 

replacement and repair of observation 

towers and walkways will likely result 

in no net change or modification to 

marine mammal habitat. Consequently, 

construction activities are anticipated to 

have a negligible impact on the local 

northern fur seal population and their 

habitat. 

Number of Marine Mammals Expected 

to be Incidentally Taken by the 

Proposed Activity 

The NMFS AKR is requesting take, by 

Level B harassment only, of male 

northern fur seals. The method of taking 

will be from a combination of human 

presence, scent, and airborne 

construction noise. 

TABLE 2. SUMMARY OF INCIDENTAL TAKING BY HARASSMENT OF NORTHERN FUR SEALS DURING CONSTRUCTION ACTIVITIES

ON ST. PAUL ISLAND

Prior to April 

25, 2010 

Week 1 Week 2 Week 3 Week 4 week 5 Total 

Adult Male Northern 

Fur Seal 0 8 seals taken 

58 times 

115 seals 

taken 811 

times 

232 seals 

taken 1,621 

times 

463 seals 

taken 3,242 

times 

579 seals 

taken 4,053 

times 

579 seals 

taken 9,785 

times 

Sub-adult Male Fur 

Seal 50 seals taken 

once 

50 seals taken 

once 

150 seals 

taken once 

200 seals 

taken once 

250 seals 

taken once 

300 seals 

taken once 

1,000 seals 

taken once 

Most adult male northern fur seals 

will be incidentally taken by harassment 

multiple times. NMFS AKR anticipates 

approximately 230 of the 579 adult 

males will be taken once. These single 

takes by harassment are of the estimated 

non-territorial adult males predicted to 

be present and will likely depart due to 

the noise, presence or scent of the 

construction activities on the rookery. 

NMFS estimates the remaining 349 

adult male northern fur seals are 

territorial at Reef rookery on St. Paul 

Island during the five week period 

beginning late April, 2010 and will not 

depart. NMFS predicts these territorial 

males may change the time spent in 

certain behaviors due to the presence, 

noise, or scent due to construction 

activities on the rookery. 

The number of incidental takes by 

harassment was derived from 2006 adult 

male counts from the National Marine 

Mammal Laboratory (NMML) from Reef 

rookery (Fowler et al., 2006) and was 


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11126 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

corrected based on the timing of arrival 

curve from Gentry (1998). Rookeries are 

divided into sections allowing easier 

tabulation of counts and the maximum 

counts in each section have been 

divided by the percentage estimated on 

land for each week in Tables 3a to 3e 

(below). NMFS summed the daily take 

estimates into weekly bins (Table 3a to 

3e) because few animals were predicted 

on land in late April and early May, but 

those few animals would likely to be 

taken repeatedly during the week and 

every subsequent week. Table 3 shows 

fractional daily taking within each 

section, summed for the week, and 

rounded up into Table 2. NMFS 

estimates an additional 1,000 sub-adult 

male seals may be encountered during 

the construction or repair activities at 

Reef or other rookeries (Table 2). 

TABLE 3A. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE LAST WEEK OF

APRIL. ESTIMATE BASED ON ONE PERCENT OF THE MAXIMUM 2006 BULL COUNTS. 

Class Bull Section 

1 2 3 4 5 6 7 8 9 10 11 

2 0.13 0.26 0.27 0.1 0.22 0.21 0.05 0.27 0.22 0.11 0.03 

3 0.48 0.81 0.63 0.46 0.67 0.7 0.01 0.66 0.37 0.28 0.04 

5 0.08 0.27 0.4 0.47 0.31 0.13 0.15 0.31 0.34 0.72 1.42 

Total Taking by Harassment Week 1: 57.9 

TABLE 3B. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE FIRST WEEK OF

MAY. ESTIMATE BASED ON 10 PERCENT OF THE MAXIMUM 2006 BULL COUNTS. 

Class Bull Section 

1 2 3 4 5 6 7 8 9 10 11 

2 1.3 2.6 2.7 1 2.2 2.1 0.5 2.7 2.2 1.1 0.3 

3 4.8 8.1 6.3 4.6 6.7 7 0.1 6.6 3.7 2.8 0.4 

5 0.8 2.7 4 4.7 3.1 1.3 1.5 3.1 3.4 7.2 14.2 

Total Taking by Harassment Week 2: 810.6 

TABLE 3C. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE SECOND WEEK OF

MAY. ESTIMATE BASED ON 20 PERCENT OF THE MAXIMUM 2006 BULL COUNTS. 

Class Bull Section 

1 2 3 4 5 6 7 8 9 10 11 

2 2.6 5.2 5.4 2 4.4 4.2 1 5.4 4.4 2.2 0.6 

3 9.6 16.2 12.6 9.2 13.4 14 0.2 13.2 7.4 5.6 0.8 

5 1.6 5.4 8 9.4 6.2 2.6 3 6.2 6.8 14.4 28.42 

Total Taking by Harassment Week 3: 1621.2 

TABLE 3D. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE THIRD WEEK OF

MAY. ESTIMATE BASED ON 40 PERCENT OF THE MAXIMUM 2006 BULL COUNTS. 

Class Bull Section 

1 2 3 4 5 6 7 8 9 10 11 

2 5.2 10.4 10.8 4 8.8 8.4 2 10.8 8.8 4.4 1.2 

3 19.2 32.4 25.2 18.4 26.8 28 0.4 26.4 14.8 11.2 1.6 

5 3.2 10.8 16 18.8 12.4 5.2 6 12.4 13.6 28.8 56.8 

Total Taking by Harassment Week 4: 3242.4 


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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11127 

TABLE 3E. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE LAST WEEK OF

MAY. ESTIMATE BASED ON 50 PERCENT OF THE MAXIMUM 2006 BULL COUNTS. 

Class Bull Section 

1 2 3 4 5 6 7 8 9 10 11 

2 6.5 13 13.5 5 11 10.5 2.5 13.5 11 5.5 1.5 

3 24 40.5 31.5 23 33.5 35 0.5 33 18.5 14 2 

5 4 13.5 20 23.5 15.5 6.5 7.5 15.5 17 36 71 

Total Taking by Harassment Week 5: 4053 

NMFS and NMFS AKR estimate that 

the incidental ‘‘take by harassment’’ 

could be up to 579 adult male northern 

fur seals taken 9,785 times and 1,000 

sub-adult male northern fur seals taken 

once during the proposed action. 

Proposed Mitigation 

In order to issue an Incidental Take 

Authorization under Section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and on the availability of 

such species or stock for taking for 

certain subsistence uses. 

Northern fur seals are the only marine 

mammal species managed by NMFS 

expected to be present in the project 

area during the planned construction 

activities. The construction season has 

been chosen based on the minimum 

likelihood of encountering breeding and 

nursing northern fur seals. The amount 

of work and weather conditions during 

the winter season necessitates providing 

some contingency arrangements for 

work to be completed when few if any 

fur seals are found on land. In addition, 

the outlying periods requested are prior 

to the arrival and after the departure of 

the most sensitive fur seals (i.e., adult 

females and unweaned pups). Gentry 

(1998) experimented with complete 

displacement in early June of territorial 

males from their terrestrial sites. He 

found that over 80 percent of adult 

males returned with in seven hours to 

their original territory site with less 

aggression than required to originally 

secure the site. Thus territorial adult 

males are highly resistant to disturbance 

at the time of year NMFS AKR is 

requesting authorization for incidental 

harassment. Some individual territorial 

males were so resistant to harassment 

that it required four to six people with 

poles and noisemakers to move them 

from their sites. 

Thus, the combination of a winter and 

spring construction season along with 

incidental harassment of small numbers 

of adult and sub-adult male northern fur 

seals will minimize the potential for 

adverse impacts to the population and 

habitat. The habitat is further protected 

because the ground is frozen and 

resistant to erosion and degradation due 

to vehicle traffic. In addition to the 

mitigation described above, NMFS AKR 

will also limit field personnel to 

approaching sites cautiously, choosing a 

route that minimizes the potential for 

disturbance of pinnipeds; and after each 

site visit, the site will be vacated as soon 

as possible so that it can be re-occupied 

by pinnipeds that may have been 

disturbed. The implementation of a 

monitoring and mitigation program is 

expected by NMFS to achieve the least 

practicable adverse impact upon the 

affected species or stock. 

Proposed Monitoring and Reporting 

In order to issue an ITA for an 

activity, Section 101(a)(5)(D) of the 

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for IHAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

NMFS AKR will begin marine 

mammal monitoring at Reef, Gorbatch, 

and Ardiguen breeding areas to identify 

and count northern fur seals on land, 

their response to the presence and 

absence of construction activities and 

the timing of arrival beginning the last 

week of April. In addition to counts of 

northern fur seals monitoring will also 

record the type and duration of 

construction activities at each site 

where northern fur seals are identified 

to evaluate the construction actions 

potential contribution to the responses 

observed. Gorbatch and Ardiguen 

breeding areas will provide control 

areas with no construction activities to 

compare the timing of arrival and 

response of male northern fur seals at 

Reef. NMFS AKR will consider beforeafter/control-impact (see Underwood, 

1994) study design in the final 

monitoring plan, method and analysis. 

NMFS AKR will have monitors check 

the site every morning before the arrival 

of field crew personnel for seal presence 

and provide the best route. In addition, 

they would be able to complete a 

‘‘before’’ count that could provide a 

baseline for estimating incidental take. 

Information recorded by observers 

will include: species counts, life history 

stage (e.g., adult, sub-adult, pup, etc.) 

numbers of observed disturbances (e.g., 

flushed into the water; moving more 

than 1 m [3.3 ft], but not into the water; 

becoming alert and moving, but do not 

move more than 1 m; and changing the 

direction of current movement), 

descriptions of the disturbance 

behaviors and responses during 

construction activities, closest point of 

approach to field crew personnel, as 

well as the date, time, and weather 

conditions. Observations of stampeding, 

other unusual behaviors, numbers, or 

distributions of pinnipeds at St. Paul 

Island will be reported to NMFS’ NMML 

so that any potential follow-up 

observations can be conducted by the 

appropriate personnel. Weather 

observations should be recorded during 

activities and observations as they have 

strong influence on the presence/ 

absence and behavior of pinnipeds and 

propagation of human scent. In 

addition, any chance observations of 

tag-bearing pinnipeds (including 

carcasses) as well as any rare or unusual 

species of marine mammals will be 

reported to NMFS. 

If at any time injury, serious injury, or 

death of any marine mammal occurs 

that may be a result of the proposed 


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construction activities, NMFS AKR will 

suspend construction activities and 

contact NMFS immediately to 

determine how best to proceed to ensure 

that another injury or death does not 

occur and to ensure that the applicant 

remains in compliance with the MMPA. 

Any takes of marine mammals other 

than those authorized by the IHA, as 

well as any injuries or deaths of marine 

mammals, will be reported to the Alaska 

Regional Administrator and NMFS 

Office of Protected Resources, within 24 

hours. NMFS AKR will submit a draft 

report to NMFS within 90 days of 

completing the replacement and repair 

activities. The monitoring report would 

contain a summary of information 

gathered pursuant to the monitoring and 

mitigation requirements set forth in the 

IHA, including detailed descriptions of 

observations of any marine mammal, by 

species, number, age class, and sex, 

whenever possible, that is sighted in the 

vicinity of the proposed project area; 

description of the animal’s observed 

behaviors, and the activities occurring at 

the time. The location and time of each 

animal sighting will also be included. A 

final report must be submitted to the 

Regional Administrator and Chief of the 

Permits, Conservation, and Education 

Division within 30 days after receiving 

comments from NMFS on the draft final 

report. If no comments are received 

from NMFS, the draft final report will 

be considered to be the final report. 

Encouraging and Coordinating 

Research 

Coordination and collaboration with 

Tribal ECO will be accomplished to 

partner with and potentially utilize 

local sentinels currently implementing a 

long-term monitoring program on St. 

Paul Island. Dr. Paul Wade at the 

NMML has conducted work at this site 

related to offshore observations of killer 

whales, and NMFS AKR will coordinate 

with Dr. Wade if necessary. Northern fur 

seal researchers at the NMML and North 

Pacific Universities Marine Mammal 

Consortium do not begin their work 

until the arrival of adult females in late 

June, but NMFS AKR will contact the 

Principal Investigators to ensure their 

plans have not changed and whether 

their research may overlap with this 

project. 

Negligible Impact and Small Numbers 

Analysis and Determination 

The regulations at CFR 216.103 states 

that ‘‘negligible impact is 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.’’ 

Impacts from the proposed activities 

on northern fur seals and their habitat 

are expected to be temporary and occur 

to a small, localized population of 

marine mammals. The effects on the 

habitat from the proposed construction 

activities are not expected to have an 

effect on recruitment or survival rates. 

Due to the limited duration, and 

monitoring and mitigation measures 

described above, which include 

seasonal restrictions, takes will not 

occur during times of significance for 

marine mammals. The estimated 

incidental ‘‘take by harassment’’ of 579 

adult male and 1,000 sub-adult male 

(1,579 total individuals) northern fur 

seals during the proposed action is 

approximately 0.24 percent of the 

estimated minimum (654,437 

individuals) population of the Eastern 

Pacific stock. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS preliminarily finds that NMFS 

AKR’s proposed activities would result 

in the incidental take of small numbers 

of marine mammals, by Level B 

harassment only, and that the total 

taking from the construction activities 

would have a negligible impact on the 

affected species or stocks of marine 

mammals. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

Under the MMPA, NMFS must 

determine that an activity would not 

have an unmitigable adverse impact on 

the subsistence needs for marine 

mammals. While this includes usage of 

both cetaceans and pinnipeds, the 

primary impact by construction 

activities is expected to be impacts from 

replacement and repair of fur seal 

research observation towers and 

walkways on northern fur seals. In 50 

CFR 216.103, NMFS has defined 

unmitigable adverse impact as: 

An impact resulting from the 

specified activity: (1) that is likely to 

reduce the availability of the species to 

a level insufficient for a harvest to meet 

subsistence needs by: (i) causing the 

marine mammals to abandon or avoid 

hunting areas, (ii) directly displacing 

subsistence users, or (iii) placing 

physical barriers between the marine 

mammals and the subsistence hunters; 

and (2) that cannot be sufficiently 

mitigated by other measures to increase 

the availability of marine mammals to 

allow subsistence needs to be met. 

Northern fur seals are not allowed to 

be harvested on land by Alaska Natives 

outside the harvest season described at 

50 CFR 216.72. And 50 CFR 216.72(c)(1) 

states that ‘‘no fur seal may be taken on 

the Pribilof Islands before June 23 of 

each year.’’ Therefore there will be no 

impact on subsistence use of northern 

fur seals. Steller sea lion subsistence 

hunting occurs during the winter and 

spring on the Reef Peninsula. Steller sea 

lion subsistence hunting does not occur 

at the tower and walkway sites on Reef 

Rookery. Hunting effort is primarily 

located at Gorbatch and Ardiguen 

Rookeries as well as the bluffs along the 

east shore to the north of Reef Rookery. 

Other sea lion hunting areas are not 

typically associated with fur seal towers 

and walkways and therefore would not 

be affected. 

NMFS AKR has discussed the 

potential overlap between the 

construction season and location with 

subsistence hunting with the Tribal 

Government of St. Paul Island’s 

Ecosystem Conservation Office (Tribal 

ECO) staff. The NMFS AKR has ongoing 

communication with Steller sea lion 

hunters through the Tribal Government 

of St. Paul Island. As part of the 

cooperative management agreement 

between NMFS and the Tribal 

Government of St. Paul under section 

119 of the MMPA, NMFS regularly 

communicates agency project plans and 

subsistence needs and activities. Most 

subsistence activities occur during the 

summer per the subsistence harvest 

regulations at 50 CFR 216 subpart F. 

Annual reports submitted to NMFS of 

subsistence marine mammal harvests 

indicate most hunting occurs at 

Northeast Point. Winter subsistence 

harvests occur at many locations 

surrounding St. Paul Island and are not 

concentrated at any locations where 

tower or walkway work would be 

conducted. 

The number of individual northern 

fur seals likely to be impacted by 

construction operations is expected to 

be relatively low. With the proposed 

monitoring and mitigation measures 

described above, which include 

seasonal restrictions, the construction 

operations are not expected to cause 

seals to abandon/avoid subsistence 

hunting areas, directly displace 

subsistence users, or place physical 

barriers between the marine mammals 

and the subsistence hunters. Effects on 

most individual seals are expected to be 

limited to localized and temporary 

displacement (Level B harassment). The 

taking by harassment is not expected to 

result in an unmitigable adverse impact 

on the availability of such species for 

taking for subsistence uses. 


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Endangered Species Act (ESA) 

For the reasons already described in 

this Federal Register Notice, NMFS has 

determined that the described proposed 

construction activities and the 

accompanying IHA are not anticipated 

to have the potential to adversely affect 

species under NMFS jurisdiction and 

protected by the ESA. Consequently, 

NMFS has determined that a Section 7 

consultation is not required. The 

northern fur seal, which is the only 

species of marine mammal under NMFS 

jurisdiction likely to occur in the 

proposed action area, is not listed under 

the ESA. 

National Environmental Policy Act 

(NEPA) 

With its complete application, NMFS 

AKR prepared a draft final 

Environmental Assessment for Issuance 

of an Incidental Harassment 

Authorization for Replacement and 

Repair of Northern Fur Seal Observation 

Towers and Walkways on St. Paul 

Island, Alaska, which analyzed the 

direct, indirect and cumulative 

environmental impacts of the proposed 

specified activities on marine mammals 

including those listed as threatened or 

endangered under the ESA. Prior to 

making a final decision on the IHA 

application, NMFS will either prepare 

an independent EA, or after review and 

evaluation of NMFS AKR EA for 

consistency with regulations published 

by the Council on Environmental 

Quality (CEQ) and NOAA 

Administrative Order 216–6, 

Environmental Review Procedures for 

Implementing NEPA, adopt the NMFS 

AKR EA and make a decision of 

whether or not to issue a Finding of No 

Significant Impact (FONSI). A copy of 

the draft final EA will be available upon 

request (see ADDRESSES). 

Preliminary Determinations 

Based on NMFS AKR’s application, as 

well as the analysis contained herein, 

NMFS has preliminarily determined 

that the impact of the described 

replacement and repair operations will 

result, at most, in a temporary 

modification in behavior by small 

numbers of northern fur seals. The effect 

of the proposed construction activities 

is expected to be limited to short-term 

and localized behavioral changes. 

Due to the infrequency, short timeframe, and localized nature of these 

activities, the number of marine 

mammals, relative to the population 

size, potentially taken by harassment is 

expected to be small. In addition, no 

take by injury (Level A harassment), 

serious injury, and/or death is 

anticipated or authorized, and take by 

Level B harassment will be at the lowest 

level practicable due to incorporation of 

the proposed monitoring and mitigation 

measures mentioned previously in this 

document. NMFS has further 

preliminarily determined that the 

anticipated takes will have a negligible 

impact on the affected species or stock 

of marine mammals. Also, the proposed 

construction project is not expected to 

result in an unmitigable adverse impact 

on subsistence uses of this species. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to NMFS AKR for the 

harassment of small numbers (based on 

populations of the species and stock) of 

northern fur seals incidental to 

construction operations on St. Paul 

Island, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: March 2, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–5012 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU91 

Mid-Atlantic Fishery Management 

Council; Atlantic Mackerel, Butterfish, 

Atlantic Bluefish, Spiny Dogfish, 

Summer Flounder, Scup, Black Sea 

Bass, Tilefish, Surfclam, and Ocean 

Quahog Annual Catch Limits and 

Accountability Measures Omnibus 

Amendment 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Supplemental Notice of Intent 

to prepare an environmental assessment 

(EA); request for comments. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council) 

announces its intention to prepare, in 

cooperation with NMFS, an EA in 

accordance with the National 

Environmental Policy Act (NEPA) to 

assess potential effects on the human 

environment of alternative measures to 

address the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) requirements 

for annual catch limits (ACLs) and 

accountability measures (AMs) in an 

Omnibus Amendment to the fishery 

management plans (FMPs) for Atlantic 

mackerel, butterfish, Atlantic bluefish, 

spiny dogfish, summer flounder, scup, 

black sea bass, tilefish, surfclams, and 

ocean quahogs. 

This supplemental notice is to alert 

the interested public of the Council’s 

intent to change the level of NEPA 

analysis from an Environmental Impact 

Statement (EIS) to an EA. In addition, 

this supplement announces an 

opportunity for the public to comment 

on the change. 

DATES: Written comments must be 

received on or before 5 p.m., EST, on 

March 25, 2010. 

ADDRESSES: Written comments may be 

sent by any of the following methods: 

• E-mail to the following address: 

0648–XU91@noaa.gov; 

• Mail or hand deliver to Daniel T. 

Furlong, Executive Director, MidAtlantic Fishery Management Council, 

800 North State Street, Suite 201, Dover, 

DE 19901. Mark the outside of the 

envelope ‘‘Omnibus Amendment: 

National Standard 1 Requirements 

Comments’’; or 

• Fax to (302) 674–5399. 

Questions about this action may be 

directed to the Council office at the 

previously provided address, or by 

request to the Council by telephone 

(302) 674–2331. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Daniel T. Furlong, Mid-Atlantic Fishery 

Management Council, Room 800 North 

State Street, Suite 201, Dover, DE 19901, 

(telephone 302–674–2331). 

SUPPLEMENTARY INFORMATION: On March 

24, 2009, the Council announced its 

intention to prepare, in cooperation 

with NMFS, an EIS in accordance with 

NEPA to assess potential effects on the 

human environment of alternative 

measures to address the new MagnusonStevens Act requirements for ACLs and 

AMs (74 FR 12314). The Council has 

been in the process of developing an 

Omnibus Amendment to the FMPs for 

Atlantic mackerel, butterfish, Atlantic 

bluefish, spiny dogfish, summer 

flounder, scup, black sea bass, tilefish, 

surfclams, and ocean quahogs to address 

ACL and AM requirements since 2008. 

During the development that has 

occurred to date for the Omnibus 

Amendment, three public scoping 

hearings have been conducted, and the 

Council has conducted numerous 

Fishery Management Action Team 

(FMAT) Omnibus Amendment 

Committee, and full Council meetings, 

wherein approaches and potential 

alternatives have been discussed. These 

discussions have included public 

participation. The development process 


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