29128 Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices 

prepare an environmental assessment or 

environmental impact statement. 

Dated: May 17, 2007. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–10071 Filed 5–23–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA38 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Coastal Commercial 

Fireworks Displays at Monterey Bay 

National Marine Sanctuary, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of a letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that a 1–

year letter of authorization (LOA) has 

been issued to the Monterey Bay 

National Marine Sanctuary (MBNMS or 

the Sanctuary) to incidentally take, by 

Level B Harassment only, California sea 

lions (Zalophus californianus) and 

Pacific harbor seals (Phoca vitulina) 

incidental to authorizing professional 

fireworks displays within the Sanctuary 

in California waters. 

DATES: The LOA will be effective from 

July 4, 2007, through July 3, 2008. 

ADDRESSES: The LOA and supporting 

documentation are available by writing 

to Michael Payne, Chief, Permits, 

Conservation, and Education Division, 

Office of Protected Resources, National 

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

20910–3225, by telephoning one of the 

contacts listed here (FOR FURTHER

INFORMATION CONTACT), or online 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 and at the 

Southwest Region, NMFS, 501 West 

Ocean Boulevard, Suite 4200, Long 

Beach, CA 90802. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, Office of Protected Resources, 

NMFS, (301) 713–2289, or Monica 

DeAngelis, Southwest Regional Office, 

NMFS, (562) 980–4023. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs NMFS to 

allow, on request, the incidental, but not 

intentional, taking of small numbers 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 regulations are issued. 

Under the MMPA, the term ‘‘taking’’

means to harass, hunt, capture, or kill or 

to attempt to harass, hunt, capture or 

kill marine mammals. 

Authorization may be granted for 

periods up to 5 years if NMFS finds, 

after notification and opportunity for 

public comment, that the taking will 

have a negligible impact on the species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on the availability of the species or 

stock(s) for subsistence uses. In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

California sea lions and Pacific harbor 

seals, by Level B harassment, incidental 

to the authorization of fireworks 

displays within the Sanctuary became 

effective on July 4, 2006, and remain in 

effect until July 3, 2011. For detailed 

information on this action, please refer 

to the original Federal Register notice at 

71 FR 40928 (July 19, 2006). These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental taking of marine 

mammals during the fireworks displays 

within the Sanctuary boundaries. This 

will be the second LOA issued pursuant 

to these regulations. 

Summary of Request 

On February 27, 2007, NMFS received 

a request for an LOA pursuant to the 

aforementioned regulations that would 

authorize, for a period not to exceed 1 

year, take of marine mammals 

incidental to fireworks displays at the 

MBNMS. Justification for conducting 

fireworks displays within the MBNMS 

can be found in the proposed rule (71 

FR 25544). 

Summary of Activity and Monitoring 

Under the Current LOA 

In compliance with the 2006 LOA, the 

MBNMS submitted an annual report on 

the fireworks displays at MBNMS. A 

summary of that report follows. 

Four fireworks displays took place 

within the MBNMS in 2006. Observers 

conducted pre-event census to 

document abundance of marine 

mammals and protected species preevent and post-event surveys to record 

any injured or dead wildlife species. 

Pre-event monitoring of the City of 

Monterey Bay Independence fireworks 

found 61 sea lions, nine harbor seals, 

and six sea otters (Enhydra lutris) in the 

vicinity of the event area. Postmonitoring revealed no dead or injured 

marine mammals and one dead 

cormorant; however, dead birds are 

commonly found on area beaches and 

this death could not be contributed 

directly to the fireworks display. 

Observers monitored the area around 

the location of Cambria Independence 

Day fireworks display and found no 

animals present at the site before the 

event and no dead or injured marine 

mammals or other animal species postevent. On July 30, 2006, Pacific Grove 

hosted The Feast of Lanterns Annual 

Fireworks display. On July 28, 2006, a 

pre-census count found seventeen 

harbor seals and three sea otters within 

the display area. A non-mandatory 

census was also conducted on July 29 

with no marine mammals observed, 

possibly due to music, festivities, and 

increased human presence in the area. 

No dead or injured marine mammals 

were reported for this event. The Monte 

Foundation fireworks display was held 

on October 14, and a pre-event census 

was conducted on October 13. The 

census revealed four harbor seals and 

one sea otter in the area. No animals 

were reported dead or injured the day 

after the event. 

In summary, the total number of 

potentially harassed sea lions (61) and 

harbor seals (13) for all fireworks 

displays, was well below the authorized 

limits as stated in the final rule (71 FR 

40928). No dead or injured marine 

mammals were reported for all events. 

These monitoring results supports 

NMFS initial findings that fireworks 

display will result in no more than 

Level B harassment of small numbers of 

California sea lions and harbor seals and 

that effects will be limited to short term 

behavioral changes, including 

temporary abandonment of haulouts to 

avoid sights and sounds of commercial 

fireworks. 


rmajette on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 100 / Thursday, May 24, 2007 / Notices 29129 

Authorization 

Accordingly, NMFS has issued an 

LOA to MBNMS authorizing the Level 

B harassment of marine mammals 

incidental to the authorization of 

fireworks display within the Sanctuary. 

Issuance of this LOA is based on 

findings, described in the preamble to 

the final rule (71 FR 40928, July 19, 

2006), that the activities described 

under this LOA will have a negligible 

impact on marine mammal stocks and 

will not have an unmitigable adverse 

impact on the availability of the affected 

marine mammal stock for subsistence 

uses. No mortality or injury of affected 

species is anticipated. 

Dated: May 17, 2007. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E7–9964 Filed 5–23–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[XRIN: 0648–XA55] 

Mid-Atlantic Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council (Council), its 

Research Set Aside (RSA) Committee, 

its Ecosystems Committee, its Law 

Enforcement/Vessel Safety Committee, 

its Squid, Mackerel, and Butterfish 

Committee, its Executive Committee, 

and its Bycatch/Limited Access 

Privilege Program Committee will hold 

public meetings. Prior to the Council’s 

meeting there will be a meeting of the 

Joint Council New England and MidAtlantic Councils Standardized Bycatch 

Reporting Methodology (SBRM) 

Committee. 

DATES: The meetings will be held on 

Monday, June 11, 2007 through 

Thursday, June 14, 2007. See 

SUPPLEMENTARY INFORMATION for specific 

dates and times. 

ADDRESSES: These meetings will be held 

at the Embassy Suites, 1700 Coliseum 

Drive, Hampton, VA 23666; telephone: 

(757) 827–8200. 

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: 

Monday, June 11, 2007 

2 p.m. until 5 p.m., the Joint Council 

SBRM Committee will meet. 

Tuesday, June 12, 2007 

9 a.m. until 12 noon, the RSA 

Committee with NMFS Cooperative 

Research Staff will meet. 

10 a.m. until 11 a.m., the Ecosystems 

Committee will meet concurrently with 

the RSA Committee. 

11 a.m. until 12 noon, the Law 

Enforcement/Vessel Safety Committee 

will also meet concurrently with the 

RSA Committee. 

1 p.m. until 4 p.m., the Squid, 

Mackerel, and Butterfish Committee 

will meet with its advisors. 

4 p.m. until 5:30 p.m., the Executive 

Committee will meet. 

Wednesday, June 13, 2007 

8 a.m. until 9 a.m., the Bycatch/ 

Limited Access Privilege Program 

(LAPP) Committee will meet. 

9 a.m. until 9:30 a.m., the Council 

will convene and receive a presentation 

on the Coral Reef Conservation 

Amendments Act of 2007. 

9:30 a.m. until 12 noon, the Council 

will conduct its regular Council 

business session. 

1 p.m. until 2:30 p.m., the Council 

will discuss and develop 2008, 2009, 

and 2010 quota specifications for the 

surfclam and ocean quahog fisheries. 

2:30 p.m. until 5 p.m., the Council 

will discuss and develop 2008 quota 

specifications for the Atlantic mackerel, 

squid and butterfish fisheries. 

Thursday, June 14, 2007 

8 a.m., the Council will convene to 

receive a presentation by the NMFS on 

the Status of its Recreational Data 

Collection Initiative. 

9 a.m. until 12 noon, the Council will 

discuss Amendment 1 to the Tilefish 

Fishery Management Plan (FMP). 

1 p.m. until 2:30 p.m., the Council 

will review and take action on the 

Omnibus Amendment for Standardized 

Bycatch Reporting Methodology. 

2:30 p.m. until 3:30 p.m., the Council 

will review and consider actions taken 

by the Atlantic States Marine Fisheries 

Commission (ASMFC) regarding 

Amendment 15 to the Summer 

Flounder, Scup, and Black Sea Bass 

FMP. 

3:30 p.m. until adjournment, the 

Council will receive and discuss 

committee reports, and address any 

continuing and/or new business. 

Agenda items for the Council’s 

committees and the Council itself are: 

The Joint Council SBRM Committee will 

review revisions to the SBRM 

Amendment including the 

environmental assessment, select 

preferred alternatives, and develop the 

Council’s final position for Secretarial 

submission. The RSA Committee will 

meet to review the Mid-Atlantic RSA 

program performance and discuss future 

directions; discuss ways to improve 

program effectiveness, dissemination of 

results, and coordination with other 

cooperative research efforts; initiate 

discussion of research priorities for the 

2009 program year; and, develop 

comments as appropriate for Council 

consideration. The Ecosystems 

Committee will review ‘‘Taking the 

Bait’’ ... A Blueprint for Councils to 

Protect the Ocean Forage Base. The Law 

Enforcement/Vessel Safety Committee 

will address National Standard 10 in 

context of the recent Congressional 

Hearing on commercial fishing vessel 

safety, and review the Council’s 

Fisheries Achievement Award process 

and timeline for 2007. The Squid, 

Mackerel, and Butterfish Committee 

will meet with its Advisors to review 

the Monitoring Committee’s 

recommendations for 2008 quota levels 

and associated management measures 

and develop 2008 quota specifications 

and associated management measures 

for Council consideration and action; 

and, receive status updates on 

Amendments 9 and 10. The Executive 

Committee will review the Council 

Coordination Committee (CCC) meeting 

results and action items including: 

budget outcome from CCC meeting and 

its impact on the Council’s 2007 

operations; Council member training/ 

mentoring; and, status of NMFS 

Regulatory Streamlining Program 

efforts. The Executive Committee will 

also review the Northeast Regional 

Coordinating Council meeting agenda 

and actions; discuss the role of the 

Scientific and Statistical Committee; 

discuss practicability and applicability 

of an interactive web site for the 

Council; and, review Commercial 

Fishing Vessel Safety issues. The 

Bycatch/LAPP Committee will review 

and evaluate public comments on the 

proposed SBRM Amendment, discuss 

and develop a Council position 

regarding Secretarial submission of the 

proposed Amendment; and, receive an 

update on the LAPP. The Council will 

receive a presentation on the Coral Reef 

Ecosystem Conservation Amendments 

Act of 2007; this will be followed by the 


rmajette on PROD1PC67 with NOTICES