67084 Federal Register / Vol. 75, No. 210 / Monday, November 1, 2010 / Notices 

SUPPLEMENTARY INFORMATION: An EFP is 

being requested for one vessel 

participating in the Southern New 

England (SNE) Flatfish Discard 

Mortality Study conducted by the 

University of Massachusetts, Dartmouth, 

School for Marine Science and 

Technology (SMAST) Cooperative 

Marine Education and Research 

program. The primary objective of this 

study is to assess the effects of different 

stressors on the mortality of flatfish 

discarded in SNE and Mid-Atlantic 

trawl fisheries. The researchers would 

conduct field and lab observations of 

flatfish captured during regular 

commercial fishing operations for Reflex 

Action Mortality Predictors (RAMP) 

under different stressors to assess the 

discard mortality rates of five flatfish 

stocks: SNE yellowtail flounder; SNE 

winter flounder; summer flounder; 

northern windowpane flounder; and 

southern windowpane flounder. In 

addition, the applicants would use the 

results of their study to assess the use 

of RAMP in estimating the mortality of 

each species within the flatfish 

complex. 

The study would be conducted aboard 

one commercial fishing vessel in the 

SNE and Mid-Atlantic mixed trawl 

fishery, beginning the date of issuance 

of the EFP and continuing for a full 

year. The vessel would utilize otter 

trawl gear with gear configuration and 

mesh size dictated by current fishery 

regulations. SMAST technicians and/or 

commercial fishermen would collect 

100 fish of each species per month, 

during regular commercial fishing 

operations, for a maximum catch of 

6,000 fish over the course of the 12- 

month study (Table 1). Fish would be 

placed in oxygen-enriched seawater 

tanks and, upon landing, be transported 

live to the SMAST seawater lab facility 

for testing. Fish collected for laboratory 

observation would not be sold. The 

applicant has requested an exemption 

from NE multispecies possession 

restrictions for SNE yellowtail flounder, 

and SNE winter flounder and 

windowpane flounder, at §§ 648.86(g)(1) 

and 648.86(l), respectively, in order to 

land the live specimens in excess of 

possession limits. The applicants have 

also requested an exemption from NE 

multispecies minimum fish sizes at 

§ 648.83 and the summer flounder 

minimum fish size at § 648.103(a), in 

order to test a representative sample of 

the age composition of flatfish. 

TABLE 1—ESTIMATED SAMPLE SIZE

Species Number of 

fish/month 

Number of fish 

total 

SNE Yellowtail Flounder .......................................................................................................................................... 100 1200 

SNE Winter Flounder ............................................................................................................................................... 100 1200 

Summer Flounder .................................................................................................................................................... 100 1200 

Northern Windowpane Flounder .............................................................................................................................. 100 1200 

Southern Windowpane Flounder ............................................................................................................................. 100 1200 

The participating vessel is enrolled in 

Northeast Fishery Sector V for the 2010 

fishing year, which has received a SNE 

yellowtail flounder annual catch 

entitlement (ACE). Consistent with the 

regulations at § 648.87, the participating 

vessel is currently exempt from trip 

limits on this stock, but would not be 

exempt from any sector requirements, 

including at-sea and dockside 

monitoring of sector trips and full 

retention of legal-sized fish of allocated 

stocks, while fishing under this EFP. In 

addition, all catch of allocated stocks by 

the sector vessel on a sector trip, while 

participating in the EFP, would count 

toward the sector’s ACE, and the 

vessel’s sector must have ACE of all 

stocks in the area the vessel intends to 

fish a sector trip. The vessel would be 

required to report research catch landed 

that is of legal size separate from that of 

sub-legal size, on their Vessel Trip 

Reports (VTRs). The vessel’s sector 

manager would be notified to include 

legal-sized research landings from the 

VTRs in their ACE accounting, in 

addition to the vessel’s dealer-recorded 

landings. 

In addition to retaining fish for 

laboratory observation, technicians 

would observe a minimum of 100 fish 

of each species on commercial fishing 

trips for RAMP before they are 

discarded at-sea. The applicants would 

require a temporary exemption from the 

summer flounder commercial minimum 

fish size restriction at § 648.103(a), the 

NE multispecies minimum fish size 

restrictions at § 648.83, and the NE 

multispecies possession restrictions at 

§§ 648.86(g)(1) and 648.86(l), for the 

time period when trained technicians or 

crew are sampling fish. To ensure that 

monthly sampling is not disrupted, the 

applicants have also requested vessels 

be exempt from the summer flounder 

closure specified at § 648.101(a) for the 

purposes of collecting the 100 live 

specimens of each species each month. 

The applicants may request minor 

modifications and extensions to the EFP 

throughout the course of research. EFP 

modifications and extensions may be 

granted without further public notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and result in only a minimal change in 

the scope or impacts of the initially 

approved EFP request. If an extension is 

requested that goes beyond the fishing 

year, it is required to go through the 

publication process again. 

In accordance with NAO 

Administrative Order 216–6, a 

Categorical Exclusion or other 

appropriate National Environmental 

Policy Act document would be 

completed prior to the issuance of the 

EFP. Further review and consultation 

may be necessary before a final 

determination is made to issue the EFP. 

After publication of this document in 

the Federal Register, the EFP, if 

approved, may become effective 

following the public comment period. 

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

Dated: October 27, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–27534 Filed 10–29–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Notice of Availability of the Draft 

Programmatic Environmental Impact 

Statement for the Mechanical Creation 

and Maintenance of Emergent Sandbar 

Habitat in the Riverine Segments of the 

Upper Missouri River, Missouri River 

Basin, United States 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of Availability. 

SUMMARY: In accordance with the 

National Environmental Policy Act of 

1968, as amended, the U.S. Army Corps 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 210 / Monday, November 1, 2010 / Notices 67085 

of Engineers has prepared a Draft 

Programmatic Environmental Impact 

Statement (EIS) for the Mechanical 

Creation and Maintenance of Emergent 

Sandbar Habitat on the Riverine 

Segments of the Upper Missouri River 

and by this notice is announcing the 

opening of the comment period. 

DATES: The comment period will be 

open from November 1, 2010 to January 

21, 2011. Public meetings will take 

place in December, 2010 and January, 

2011; The specific schedule is provided 

under SUPPLEMENTARY INFORMATION. 

ADDRESSES: Written comments should 

be sent to: Department of the Army; 

Corps of Engineers, Omaha District; 

CENWO–PM–AC; ATTN: Emergent 

Sandbar Habitat Programmatic EIS; 1616 

Capitol Avenue; Omaha, NE 68102– 

4901. Comments can also be e-mailed 

to: Cynthia.s.upah@usace.army.mil. 

Comments on the Draft Programmatic 

Environmental Impact Statement for the 

Mechanical Creation and Maintenance 

of Emergent Sandbar Habitat in the 

Riverine Segments of the Upper 

Missouri River must be postmarked, emailed, or otherwise submitted no later 

than January 21, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

further information and/or questions 

about the Emergent Sandbar Habitat 

Programmatic EIS, please contact Ms. 

Cynthia Upah, Project Manager, by 

telephone: (402) 995–2672, by mail: 

1616 Capitol Avenue, Omaha, NE 

68102–4901, or by e-mail: 

Cynthia.s.upah@usace.army.mil. For 

inquires from the media, please contact 

the USACE Omaha District Public 

Affairs Officer (PAO), Ms. Monique 

Farmer by telephone: (402) 995–2416, 

by mail: 1616 Capitol Avenue, Omaha, 

NE 68102, or by e-mail: 

Monique.l.farmer@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

1. Background 

The Emergent Sandbar Habitat (ESH) 

program is being implemented by the 

U.S. Army Corps of Engineers (Corps) 

for the benefit and recovery of the 

interior population of the Interior least 

tern (least tern) and the northern Great 

Plains piping plover (piping plover). 

This implementation program resulted 

from a Biological Opinion (BiOp) issued 

by the U.S. Fish and Wildlife Service 

(USFWS) in which the Reasonable and 

Prudent Alternative called for the Corps 

to provide sufficient ESH acreage in 

order to meet biological metrics (fledge 

ratios) to avoid jeopardizing continued 

existence of the species, as defined by 

the Endangered Species Act (ESA). 

The Programmatic EIS (PEIS) is 

needed to provide National 

Environmental Policy Act (NEPA) 

coverage for the mechanical 

construction of ESH. The purpose of the 

PEIS is to analyze the potential 

environmental consequences of 

implementing the ESH program on the 

Missouri River. The PEIS allows the 

public, cooperating agencies (USFWS 

and National Park Service), and Corps 

decision makers to compare impacts 

among a range of alternatives. The goal 

is to inform the selection of a preferred 

alternative that allows for the creation 

and replacement of sufficient habitat to 

support tern and plover populations on 

the Missouri River in a safe, efficient 

and cost-effective manner that 

minimizes negative environmental 

consequences. 

2. Document Availability 

The Emergent Sandbar Habitat 

Programmatic EIS is available online at 

http://www.moriverrecovery.org/mrrp/ 

mrrp_pub_dev.download_

documentation_esh, and at the 

following community libraries: Glasgow 

City-County Library, 408 Third Avenue 

South, Glasgow, MT; Bismarck Veterans 

Memorial Public Library, 515 N Fifth 

Street, Bismarck, ND; Rawlins 

Municipal Library, 1000 E. Church St., 

Pierre, SD; Yankton Community Library, 

515 Walnut, Yankton, SD; Sioux City 

Public Library, 529 Pierce Street, Sioux 

City, IA; W Dale Clark Library, 215 S. 

15th Street, Omaha, NE; Kansas City 

Public Library, 14 West 10th Street, 

Kansas City, MO, or please contact Ms. 

Cynthia Upah, Project Manager, by 

telephone: (402) 995–2672, by mail: 

1616 Capitol Avenue, Omaha, NE 

68102–4901, or by e-mail: 

Cynthia.s.upah@usace.army.mil. 

3. Public Involvement Meetings 

The Omaha District of the U.S. Army 

Corps of Engineers invites all interested 

entities including Tribal governments, 

Federal agencies, state and local 

governments, and the general public to 

comment on the Emergent Sandbar 

Habitat Programmatic EIS. The public 

comment period began with the 

publication of this notice on November 

1, 2010 and will continue until January 

21, 2011. 

All public involvement meetings will 

use an open house format, followed by 

a presentation and the opportunity to 

make public comment. Informational 

materials about the Emergent Sandbar 

Habitat program and the Programmatic 

EIS will be located throughout the room 

for participant perusal throughout the 

evening. Corps representatives will be 

available to meet one-on-one with 

meeting participants. In addition to 

public comments being recorded, 

written comments will be collected on 

comment cards, and the opportunity to 

have formal verbal comments 

transcribed will be available. All forms 

of comment will be weighted equally. 

Input from the public involvement 

meetings, along with comments 

received by other means (regular mail or 

e-mail), will be used to refine the 

document before a Final Programmatic 

EIS is released. 

The Corps has scheduled public 

involvement meetings at the following 

locations: 

1. Tuesday, November 30: Bismarck, 

North Dakota, Best Western 

Doublewood Inn & Conference Center, 

1400 E. Interchange Avenue, Bismarck, 

ND 58501. 

2. Thursday, December 2: Fort Peck, 

Montana, Fort Peck Interpretive Center 

& Museum, Lower Yellowstone Rd., Fort 

Peck, MT 59223. 

3. Tuesday, December 7: Pierre, South 

Dakota, Best Western Ramkota Hotel & 

Conference Center, 920 W. Sioux 

Avenue, Pierre, SD 57501. 

4. Wednesday, December 8: Yankton, 

South Dakota, Riverfront Event Center, 

121 W. 3rd Street, Yankton, SD 57078. 

5. Thursday, December 9: Sioux City, 

Iowa, Stoney Creek Inn & Conference 

Center, 300 3rd Street, Sioux City, IA 

51101. 

6. Wednesday, January 5, 2011: 

Omaha, Nebraska, Creighton University 

Mike & Josie Harper Center, 602 N. 20th 

Street, Omaha, NE 68178. 

7. Thursday, January 6, 2011: Kansas 

City, Missouri, Kansas City Marriott 

Country Club Plaza, 4445 Main Street, 

Kansas City, MO 64111. 

If you require assistance under the 

Americans With Disabilities Act please 

send your name and phone via e-mail to 

Lois@djcase.com at least three days 

prior to the meeting you plan to attend. 

Persons who use a telecommunications 

service for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at (800) 877–8339, 24 hours a 

day, seven days a week to relay this 

same information. For more information 

about the Emergent Sandbar Habitat 

program, please visit http:// 

www.moriverrecovery.org under ‘‘BiOp/ 

Mit Efforts.’’ 

Dated: October 19, 2010. 

Kayla Eckert Uptmor, 

Chief Planning Branch, Omaha District. 

[FR Doc. 2010–27496 Filed 10–29–10; 8:45 am] 

BILLING CODE 3720–58–P 

mstockstill on DSKH9S0YB1PROD with NOTICES