Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Notices 35903

June 22, 2000. See SUPPLEMENTARY

INFORMATION for specific dates and

times.

ADDRESSES: This meeting will be held at

the Danford’s Inn, 25 E. Broadway, Port

Jefferson, NY; telephone: 1–800–332–

6367.

Council address: Mid-Atlantic Fishery

Management Council, 300 S. New

Street, Dover, DE 19904; telephone:

302–674–2331.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Furlong, Executive Director,

Mid-Atlantic Fishery Management

Council; telephone: 302–674–2331, ext.

19.

SUPPLEMENTARY INFORMATION: On

Tuesday, June 20th, the Squid, Mackerel

and Butterfish Committee will meet

from 1:00–5:00 p.m. On Wednesday,

June 21st, the Dolphin/Wahoo

Committee will meet from 8:00–9:00

a.m. The Comprehensive Management

Committee will meet from 9:00–12:00

p.m. The Habitat Committee will meet

from 1:00 p.m. until 4:00 p.m. The

Executive Committee will meet from

3:00 p.m. until 5:00 p.m. On Thursday,

June 22nd, the Law Enforcement

Committee will meet from 8:00 a.m.

until 9:00 a.m. Council will convene at

9:00 a.m. and will be in session until

1:00 p.m.

Agenda items for this meeting are:

Discuss actions necessary to remedy

disapproved portion of Amendment 8

(gear impacts on Essential Fish Habitat)

to the Squid, Mackerel, and Butterfish

Fishery Management Plan (FMP).

Consider additional areas to be

identified as Essential Fish Habitat for

Illex. Consider revising quota setting

procedure for Illex (allow in-season

quota adjustment). Consider extending

moratorium on entry to Illex fishery.

Consider measures to protect Loligo egg

masses (possible season/area closures).

Consider controlled access plan for

Atlantic mackerel fishery. Review and

comment on South Atlantic Fishery

Management Council Dolphin/Wahoo

FMP. Develop recommendation(s)

regarding Dolphin/Wahoo for

presentation to and action by MAFMC.

Discuss and prioritize cooperative

research items associated with

MAFMC’s research set aside initiative.

Discuss and provide comments on

‘‘NMFS Budget Review Project. Discuss

and identify Council’s habitat research

priorities. Discuss and clarify role of

committee regarding meeting Council’s

habitat responsibilities. Review

MAFMC’s first half budget status/

performance. Discuss audit report

findings for FY95, FY96, FY97, and

FY98. Discuss recent Executive Order

regarding establishment of marine

reserves. Comment on enforceability of

Dolphin/Wahoo proposed management

measures. Finalize and approve Fishery

Award Program and related forms.

Approve operational guidelines for the

Law Enforcement Committee. The

Council will also approve minutes from

its May, 2000 meeting, review and

comment on May meeting actions, and

receive organizational reports from the

NMFS Regional Administrator, NMFS

Science Center Director, NOAA Office

of General Counsel, U.S. Fish and

Wildlife, Federal Enforcement units and

the Atlantic States Marine Fisheries

Commission. It will also receive

Committee reports from the following

committees: New England Council,

South Atlantic Council, Demersal,

Squid, Mackerel, and Butterfish,

Dolphin/Wahoo, Comprehensive

Management, Habitat, Executive and

Law Enforcement.

Although non-emergency issues not

contained in this agenda may come

before the MAFMC for discussion, these

issues may not be the subject of formal

Council action during this meeting.

MAFMC action will be restricted to

those issues specifically listed in this

notice and any issues arising after

publication of this notice that require

emergency action under section 305(c)

of the Magnuson-Stevens Act, provided

the public has been notified of the

MAFMC’s intent to take final actions to

address such emergencies.

Special Accommodations

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Joanna Davis at

the Council (see ADDRESSES) at least 5

days prior to the meeting date.

Dated: May 31, 2000.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–14200 Filed 6–5–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D.052400A]

Marine Mammals; File No. 555–1565

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of application.

SUMMARY: Notice is hereby given that

James T. Harvey (Principal Investigator),

Moss Landing Marine Laboratories, P.O.

Box 450, Moss Landing, CA 95039, has

applied in due form for a permit to take

Pacific harbor seals (Phoca vitulina

richardsi) for purposes of scientific

research.

DATES: Written or telefaxed comments

must be received on or before July 6,

2000.

ADDRESSES: The application and related

documents are available for review

upon written request or by appointment

in the following office(s):

Permits and Documentation Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13130,

Silver Spring, MD 20910 (301/713–

2289);

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802 (562/980–4001); and

Northwest Region, NMFS, 7600 Sand

Point Way NE, BIN C15700, Seattle, WA

98115 (206/526–6150).

FOR FURTHER INFORMATION CONTACT:

Simona Roberts or Ruth Johnson, 301/

713–2289.

SUPPLEMENTARY INFORMATION: The

subject permit is requested under the

authority of the Marine Mammal

Protection Act of 1972, as amended

(MMPA; 16 U.S.C. 1361 et seq.), and the

Regulations Governing the Taking and

Importing of Marine Mammals (50 CFR

part 216).

The applicant seeks authorization to

capture, handle and tag 1,600 Pacific

harbor seals per year of all age and sex

classes near haul-out sites throughout

California, Oregon and Washington.

Captured seals would be subject to all

or some of the following activities:

blood and tissue sampling, flipper

tagging, PIT tagging, branding, lavaging,

and video camera attachment. Acoustic

playback experiments and scat

collection would also take place around

the haul-out sites. In addition, the

applicant seeks authorization to

surgically implant radio tags in 15

captive, rehabilitated Pacific harbor

seals and to conduct feeding studies on

12 captive, rehabilitated Pacific harbor

seals.

In compliance with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), an initial

determination has been made that the

activity proposed is categorically

excluded from the requirement to

prepare an environmental assessment or

environmental impact statement.

Written comments or requests for a

public hearing on this application

should be mailed to the Chief, Permits

35904 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Notices

and Documentation Division, F/PR1,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13705,

Silver Spring, MD 20910. Those

individuals requesting a hearing should

set forth the specific reasons why a

hearing on this particular request would

be appropriate.

Comments may also be submitted by

facsimile at (301) 713–0376, provided

the facsimile is confirmed by hard copy

submitted by mail and postmarked no

later than the closing date of the

comment period. Please note that

comments will not be accepted by email or by other electronic media.

Concurrent with the publication of

this notice in the Federal Register,

NMFS is forwarding copies of this

application to the Marine Mammal

Commission and its Committee of

Scientific Advisors.

Dated: May 31, 2000.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 00–14198 Filed 6–5–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 050500F]

Taking of Threatened or Endangered

Marine Mammals Incidental to

Commercial Fishing Operations;

Proposed Permit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of proposal for issuance

of permit; request for comments.

SUMMARY: NMFS proposes to issue a

permit for a period of three years, to

authorize the incidental, but not

intentional, taking of four stocks of

threatened or endangered marine

mammals by the California/Oregon drift

gillnet fishery. The four stocks are: (1)

Fin whale, California/Oregon/

Washington stock; (2) Humpback whale,

California/Oregon/Washington-Mexico

stock; (3) Steller sea lion, eastern stock;

and (4) Sperm whale, California/

Oregon/Washington stock. This

authorization is based on a

determination that this incidental take

will have a negligible impact on the

affected marine mammal stocks.

DATES: Comments must be received at

the appropriate address or fax number

(see ADDRESSES), no later than 5 p.m.

Pacific Standard Time, by July 21, 2000.

Comments will not be accepted if

submitted via e-mail or Internet.

ADDRESSES: Comments on this proposed

permit and requests for reference

materials should be sent to Tim Price,

Protected Resources Division, National

Marine Fisheries Service, Southwest

Region, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

Comments may also be sent via

facsimile (fax) to 562–980–4027.

FOR FURTHER INFORMATION CONTACT: Tim

Price, NMFS, Southwest Region,

Protected Resources Division, (562)

980–4029.

SUPPLEMENTARY INFORMATION: Section

101(a)(5)(E) of the Marine Mammal

Protection Act (MMPA) requires the

authorization of the incidental taking of

individuals from marine mammal stocks

listed as threatened or endangered

under the ESA in the course of

commercial fishing operations if NMFS

determines that: (1) incidental mortality

and serious injury will have a negligible

impact on the affected species or stock;

(2) a recovery plan has been developed

or is being developed for such species

or stock under the ESA; and (3) where

required under section 118 of the

MMPA, a monitoring program has been

established, vessels engaged in such

fisheries are registered in accordance

with section 118 of the MMPA, and a

take reduction plan has been developed

or is being developed for such species

or stock.

On August 31, 1995 (60 FR 45399),

NMFS issued permits for fisheries

meeting the conditions under section

101(a)(5)(E) of the MMPA. At that time,

NMFS did not issue a permit to the

California/Oregon drift gillnet fishery

for the California/Oregon/WashingtonMexico humpback whale stock or the

California/Oregon/Washington sperm

whale stock because NMFS was unable

to determine that the estimated

mortality and serious injury incidental

to commercial fishing operations was

negligible. In addition, in 1995, NMFS

did not consider issuing a permit for the

incidental mortality and serious injury

of the California/Oregon/Washington fin

whale stock because there had been no

reported incidental takes at that time,

and NMFS had no reason to anticipate

any such takes. However, NMFS did

determine that the mortality and serious

injury incidental to commercial fishing

operations was negligible for the eastern

Steller sea lion stock and issued a

permit for that stock. On December 30,

1998 (63 FR 71894), NMFS extended the

permit until June 30, 1999. At that time,

NMFS announced that it was reviewing

the criteria for issuance of permits and

evaluating whether the criteria were

adequate or if changes should be made.

No comments were received. On May

27, 1999 (64 FR 28800), NMFS proposed

the issuance of permits for those

fisheries that have negligible impacts on

marine mammal stocks listed as

threatened or endangered under the

ESA for a period of 3 years. In addition,

that document provided further

guidance about the process for

determining negligible impact. A permit

for the mortality and serious injury of

the Steller sea lion incidental to the

California/Oregon drift gillnet fishing

operations was also proposed. Based on

new information, NMFS did not finalize

the proposed permits.

Since 1995, NMFS has gathered

additional data on the status of listed

marine mammals. Based on the more

recent survey data and analyses, the

Stock Assessment Reports contain

revised estimates of potential biological

removal (PBR) levels. PBR is defined in

the MMPA as ‘‘the maximum number of

animals, not including natural

mortalities, that may be removed from a

stock while allowing that stock to reach

or maintain its optimum sustainable

population’’ (16 U.S.C. 1362(20)). Also,

since 1995, NMFS has developed and

implemented the Pacific Offshore

Cetacean Take Reduction Plan (the Plan)

(62 FR 51805) for the California/Oregon

drift gillnet fishery. The initial goal of

a take reduction plan is to reduce

marine mammal bycatch in the fishery

to levels below PBR for all stocks. Since

the implementation of the Plan, overall

cetacean mortality in this fishery has

been reduced by 70 percent. For these

reasons, NMFS is re-evaluating whether

issuance of a permit under section

101(a)(5)(E) of the MMPA for the

California/Oregon drift gillnet fishery is

appropriate.

Process and Criteria for Issuing Permits

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

Mammal Protection Act (MMPA)

requires the authorization of the

incidental taking of individuals from

marine mammal stocks listed as

threatened or endangered under the

ESA in the course of commercial fishing

operations if NMFS determines, among

other criteria, that incidental mortality

and serious injury will have a negligible

impact on the affected species or stock.

‘‘Negligible impact’’ as defined in 50

CFR 216.103 and as applies here 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.’’