Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 11129 

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 


erowe on DSK5CLS3C1PROD with NOTICES
11130 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices 

has made clear that the action of the 

Omnibus Amendment will be confined 

to a description of process and the 

preparation of an EIS no longer appears 

to be necessary. Rather, the Council will 

develop an EA; if, during the 

development of the EA or at such time 

that the analysis indicates a Finding of 

No Significant Impact (FONSI) 

statement cannot be supported, the 

Council will re-initiate development of 

an EIS. A public hearing draft of the 

Omnibus Amendment is expected to be 

available mid–2010, and the Council 

will conduct several public hearings on 

the draft once it is completed. 

Authority: 16 U.S.C. 1801 et seq 

Dated: March 5, 2010. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–5183 Filed 3–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XU93 

Notice of Intent to Prepare an 

Environmental Assessment for a 

Proposed Rule to Revise Marine 

Mammal Special Exception Permit 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of Intent to prepare 

environmental assessment. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces its 

intent to prepare an Environmental 

Assessment (EA) to analyze the 

potential environmental impacts of a 

proposed rule to revise Federal 

regulations implementing the Section 

104 permit provisions of the Marine 

Mammal Protection Act (MMPA; 16 

U.S.C. 1361 et seq.). NMFS proposes 

changes to the regulations to clarify 

existing permitting procedures and to 

codify procedures currently being 

implemented through agency policy. By 

this notice, NMFS requests public 

participation in the scoping process that 

will help identify alternatives and 

determine the scope of environmental 

issues to be addressed in the EA. This 

notice also provides information on how 

to participate in the scoping process. 

ADDRESSES: Written comments must be 

postmarked by May 10, 2010, and 

should be mailed to: P. Michael Payne, 

Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries 

Service, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910–3226. 

Comments may also be submitted by 

facsimile to (301)713–0376, or by email 

to mmpermitregs.comments@noaa.gov. 

Please include ‘‘Permit Regulations NOI’’ 

in the subject line of the email. The 

facsimile must be confirmed by hard 

copy submitted by mail and postmarked 

no later than the closing date of the 

comment period. 

FOR FURTHER INFORMATION CONTACT: 

Amy Sloan or Jennifer Skidmore, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: NMFS is 

the Federal agency responsible for 

management of cetaceans and 

pinnipeds, except walrus. NMFS Office 

of Protected Resources administers a 

program that issues permits to various 

individuals and institutions to take 

marine mammals in lands and waters 

under U.S. jurisdiction, and to U.S. 

citizens operating in international 

waters. These permits are issued 

pursuant to the provisions of the MMPA 

and NMFS regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216), and in 

accordance with agency policy. For 

threatened and endangered marine 

mammal species, permits are also 

governed by the requirements of the 

Endangered Species Act (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). 

Permits provide an exemption to the 

statutory take prohibitions to facilitate 

bona fide scientific research or enhance 

the survival and propagation of marine 

mammals, and to allow for import, 

public display, and commercial and 

educational photography of marine 

mammals as provided for in the MMPA. 

The MMPA and the ESA prohibit 

’’takes’’ of marine mammals, and 

threatened and endangered species, 

respectively. Under the MMPA, ’’take’’ is 

defined as to ’’harass, hunt, capture, 

collect or kill, or attempt to harass, 

hunt, capture, collect or kill any marine 

mammal.’’ The ESA defines ’’take’’ as ’’to 

harass, harm, pursue, hunt, shoot, 

wound, kill, trap, capture, or collect, or 

to attempt to engage in any such 

conduct.’’ The MMPA further defines 

two levels of harassment. Level A 

harassment includes actions with a 

potential to injure a marine mammal or 

marine mammal stock in the wild. Level 

B harassment includes actions with a 

potential to disturb a marine mammal or 

marine mammal stock in the wild by 

causing disruption of behavioral 

patterns. 

Many activities, including 

photography, aerial and vessel-based 

surveys, tagging and marking 

procedures, attachment of scientific 

instruments, and collection of tissue 

samples require closely approaching or 

capturing animals and may result in 

harassment or other acts prohibited 

under the MMPA and ESA except where 

allowed by permit. 

The statutory requirements for 

permits to allow import, public display, 

research, enhancement, and commercial 

and educational photography on marine 

mammals are described in Section 104 

of the MMPA. Section 10 of the ESA 

describes the requirements for permits 

for scientific purposes or to enhance the 

propagation or survival of listed species. 

In addition to the requirements of 

section 10 of the ESA, NMFS must 

comply with section 7 of the ESA in 

issuing permits. According to Section 7 

of the ESA, NMFS must ensure that any 

action it authorizes (such as by permit) 

is not likely to jeopardize the continued 

existence of listed species or result in 

destruction or adverse modification of 

critical habitat. Information requested of 

permit applicants is used to evaluate 

compliance with issuance criteria and 

in analyses of environmental impacts 

required under Section 7 of the ESA and 

by the National Environmental Policy 

Act (NEPA; 42 U.S.C. 4321 et seq.). 

NMFS issuance of permits is governed 

by the procedural requirements of NEPA 

and the Administrative Procedure Act 

(APA; 5 U.S.C. 551 et seq.). NEPA 

requires Federal agencies to integrate 

environmental values into their decision 

making process by considering the 

environmental impacts of their 

proposed actions, such as permit 

issuance, and reasonable alternatives to 

those actions. The APA governs 

procedures related to imposition of 

permit sanctions, and requirements for 

NMFS to maintain records related to 

determinations on applications. 

In 2007, NMFS published an Advance 

Notice of Proposed Rulemaking (ANPR) 

(72 FR 52339; Sep. 13, 2007) soliciting 

comments from the public regarding 

changes being considered to the NMFS 

permit regulations, including criteria for 

issuance of scientific research and 

enhancement permits. NMFS sought 

public comment to inform efforts to 

further streamline and clarify general 

permitting requirements, simplify 

procedures for transferring marine 

mammal parts for research, consider 

application of the General Authorization 

to research involving level A 

harassment for non-ESA listed species, 


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