Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Notices 50905

spending 1–3 years at sea, and the

returns from a single year cannot be

used to predict the status or trend of the

population.

Further, the spawning escapements in

1998 and 1999 are progeny of smaller

spawning escapements than the 1997

return, so those escapements may not

provide for a increasing trend in the

population. Thus, the number returning

to spawn in 1997 is not directly

dependent upon the number that

returned in 1995 or 1996, nor will it

affect returns in 1998 and 1999.

Additional details of steelhead life

history are provided in the

Environmental Assessment (EA)

prepared for the initial LOA (January

1995) or may be found in the scientific

literature (e.g., Shapovalov, L., and A.

Taft. 1954. The life histories of the

steelhead rainbow trout, Salmo

gairdneri gairdneri, and silver salmon,

Onchorhynchus kisutch. California

Dept. of Fish and Game, Fish Bulletin

No. 98. 375 pp.).

The Task Force recognized the

complexity of assessing trends in the

steelhead population during their

discussions in 1996 and recommended

that the LOA be extended because

insufficient time had passed to evaluate

the success of management actions at

Ballard Locks. The Task Force opinions

on the extension ranged from no

extension to a period of 8 years (two

steelhead cycles) with the majority of

the Task Force favoring an extension of

4 years (one steelhead cycle). The

October 1996 Report of the Task Force

acknowledged that efforts to recover the

Lake Washington steelhead will be a

long-term undertaking and should be

continued until such time as: (1) The

escapement goal of 1600 fish is reached;

or (2) it becomes clear that the process

is unlikely to achieve the stated goal.

Comment 5: It is inappropriate for

NMFS to consider extending the LOA

given existing legal challenges. NMFS

should postpone its consideration of the

extension pending judicial resolution of

legal challenges.

Response: Consistent with Task Force

advice, NMFS believes the conditions

that warranted the initial LOA (i.e.,

critically low numbers of returning

steelhead) are still apparent. Therefore,

the conservation objective of stabilizing

and recovering the steelhead run

necessitate continued lethal removal

authority despite the unresolved status

of the legal challenge.

Comment 6: There is no authority in

Section 120 of the MMPA to extend the

LOA.

Response: Section 120 of the MMPA

does not specify any timeframes for

authorizations. NMFS initially limited

the LOA to three years so that the

authorization would not be ‘‘openended.’’ The Task Force, which was

established in accordance with Section

120 of the MMPA to evaluate the

effectiveness of the authorization,

recommended that the LOA be extended

because insufficient time had passed to

evaluate the success of management

actions at Ballard Locks. Based on the

Task Force recommendations, the

State’s request, and consideration of

public comments, NMFS has

determined it is appropriate and

consistent with the intent of Section 120

of the MMPA to extend the LOA for a

discrete period coinciding with 1

steelhead life cycle.

Comment 7: Further review under the

National Environmental Policy Act

(NEPA) is required before an extension

can be considered.

Response: NEPA requirements on this

action have been fulfilled. The

environmental impacts of an extension

of the LOA are not different than those

evaluated in prior EAs because all

aspects of the conditions of the LOA are

retained except for the expiration date.

For example, the LOA authorized the

lethal removal of up to 15 individually

identifiable sea lions; up to the present

no sea lions have been lethally removed

under the LOA (although 3 sea lions

were removed from the population and

placed in permanent captivity for public

display). Further, the proposed

extension is within the scope of the

Environmental Assessment prepared for

the original LOA (NMFS, January 1995)

and the supplemental EA prepared for

the modified LOA (NMFS, March 1996).

The State has requested no changes to

the terms and conditions of the current

authorization, except for the time

period; the number of sea lions

authorized for removal, the means of

removal and other aspects of the current

LOA would not be modified. Likewise,

there is no other significant new

circumstances or information that

would indicate that the conclusions of

the previous EAs would change. The

environmental consequences of the

extension of the authorization are

expected to be the same as those

previously assessed. Consequently, no

further analysis under NEPA is

necessary.

Comment 8: Any and all sea lions

found southeast of a line between

Meadow Point and West Point should

be lethally removed.

Response: The LOA only authorizes

lethal removal of individually

identifiable sea lions that: (1) have been

observed by biologists monitoring sea

lion predation to have preyed on

returning steelhead in the inner bay area

of the Lake Washington Ship Canal

(upstream of the railroad bridge); (2)

have penetrated the acoustic barrier and

have been observed foraging in the

ensonified zone during the steelhead

run since January 1, 1994, (when the

acoustic deterrence program began); and

(3) are observed engaging in foraging

behavior in the inner bay area (upstream

of the railroad bridge) during the current

steelhead season between January 1 and

May 31 by biologists monitoring sea lion

predation at the Locks. NMFS does not

intend to change this.

Comment 9: The steelhead run at the

Ballard Locks has for too many years

been dangerously close to extinction,

and it seems appropriate to allow

WDFW to continue the program for

protecting steelhead and to monitor the

situation closely.

Response: NMFS has extended the

LOA for lethal removal of individually

identifiable California sea lions that are

having significant negative impact on

the status and recovery of winter

steelhead that migrate through the

Ballard Locks in Seattle, WA.

NMFS Action

Based on the Task Force

recommendations, the State’s request,

and consideration of public comments,

NMFS has extended the LOA for 4 years

to June 30, 2001. No other changes were

made to the terms and conditions of the

LOA. Copies of the LOA are available

upon request (see ADDRESSES).

Dated: September 23, 1997.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 97–25778 Filed 9–26–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 091997C]

Gulf of Mexico Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Gulf of Mexico Fishery

Management Council (Council) will

convene a public meeting of the Law

Enforcement Advisory Panel (AP).

DATES: This meeting will be held on

October 15, 1997, from 1:00 p.m. to 5:00

p.m.
50906 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Notices

ADDRESSES: This meeting will be held at

the Quality Inn Beachside, 931 West

Beach Boulevard, Gulf Shores, AL;

telephone: 800–844–6913.

Council address: Gulf of Mexico

Fishery Management Council, 3018 U.S.

Highway 301 North, Suite 1000, Tampa,

FL 33619.

FOR FURTHER INFORMATION CONTACT:

Richard Leard, Senior Fishery Biologist,

Gulf of Mexico Fishery Management

Council; telephone: 813–228–2815.

SUPPLEMENTARY INFORMATION: The

purpose of the meeting will be to review

management alternatives being

considered by the Council as part of

Draft Amendment 16 to the Fishery

Management Plan (FMP) for Reef Fish in

the Gulf of Mexico. Amendment 16

readdresses a 2-year phase-out of fish

traps with allowances for retention of

reef fish species taken in spiny lobster

and stone crab traps; however, if the

Council continues the present 10-year

phase-out, this amendment also

includes options for reducing the

number of traps being fished over time.

This amendment considers size limits,

including a slot limit, and bag limits for

some lesser amberjack species.

Additionally, alternatives are presented

that could effect the Council’s

continued management of sand perch,

dwarf sand perch, queen triggerfish, and

hog fish. Amendment 16 includes

consideration of compatible size and

bag limits with the state of Florida for

various reef fish species, as well as

additional regulations of speckled hind

and warsaw grouper. Language that

would modify the Framework Procedure

for setting total allowable catch is also

included.

The Law Enforcement AP will also

review a Draft Amendment 9 to the

Fishery Management Plan for Coastal

Migratory Pelagic Resources

(Mackerels). Draft Amendment 9

addresses a number of problems that

have been discussed in the past, as well

as recent concerns that have developed

with regard to allocations and a derby

fishery for king mackerel. Amendment 9

includes alternatives that would:

1. Modify the fishing year;

2. Prohibit sale of king and Spanish

mackerel;

3. Require mandatory reporting;

4. Reallocate the king mackerel total

allowable catch (TAC) by area in the

Eastern Zone and user group

(commercial/recreational);

5. Further subdivide the hook-andline allocation of TAC for king mackerel

on the west coast of Florida by area and/

or season;

6. Establish subdivisions of the

Western Zone allocation of TAC for king

mackerel by area and/or season;

7. Establish trip limits for Gulf group

king mackerel in the Western Zone;

8. Provide for further restrictions on

the net fishery for king mackerel;

9. Increase the minimum size limit for

king mackerel and/or establish a

maximum size limit; and

10. Reestablish a purse seine

allocation for Gulf group Spanish

mackerel.

In addition to these draft

amendments, the Law Enforcement AP

will review the status of implementation

of Amendment 9 to the Shrimp FMP

and Amendment 15 to the Reef Fish

FMP, as well as problems with having

a ‘‘paper trail’’ to track imported

seafood.

In a joint session with the Gulf States

Marine Fisheries Commission’s Law

Enforcement Committee, which is

comprised of basically the same

members, the Law Enforcement AP will

receive information from NMFS

regarding its penalty schedule and a

report on the use of satellite

transponders to track fishing vessels. It

will also receive enforcement reports

from the individual Gulf States.

The Law Enforcement AP consists of

chief enforcement agents for the state

and Federal fishery agencies in the Gulf

area who advise the Council on fishery

issues.

Although other issues not contained

in this agenda may come before this

Panel for discussion, in accordance with

the Magnuson-Stevens Fishery

Conservation and Management Act,

those issues may not be the subject of

formal Panel action during this meeting.

Panel action will be restricted to those

issues specifically identified in the

agenda listed in this notice.

Special Accommodations

This meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Anne Alford at the Council (see

ADDRESSES) by October 8, 1997.

Dated: September 22, 1997.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–25672 Filed 9–26–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Adminstration

[I.D. 072197E]

Marine Mammals

AGENCY: National Marine Fisheries

(NMFS), National Oceanic and

Atmospheric Adminstration (NOAA),

Commerce.

ACTION: Issuance of photography permit

no. 867–1388.

SUMMARY: Notice is hereby given that

Moana Productions, Inc., 311 Portluck

Road, Honolulu, Hawaii 96825, has

been issued a permit to take by Level B

harassment several species of nonthreatened, non-endangered marine

mammals for purposes of commerical

photography.

ADDRESSES: The permit and related

documents are available for review

upon written request or by appointment

in the following offices:

Permits Division, Office of Protected

Resources, NMFS,1315 East-West

Highway, Room 13130, Silver Spring,

MD 20910 (301/713–2289);

Protected Species Program Manager,

Pacific Area Office, NMFS, 2570 Dole

Stree, Room 106 Honolulu, HI 96822–

2396 (808/973–2987), and

Regional Director, Southeast Region,

NMFS, 9731 Executive Center Drive, St.

Petersburg, FL 33702–2434 (813/570–

5301)

Director, Alaska Region, P.O. Box

21668, Juneau, AK 99802–1668 (907/

585–7221).

SUPPLEMENTARY INFORMATION: On June 6,

1997, notice was published in the

Federal Register (62 FR 31083 that the

above-named applicant had submitted a

request for a permit to take several

species of marine mammals by Level B

Harassment during the course of

commerical photographic activities in

Hawaii and South Carolina waters. The

required permit has been issued, under

the authority of S104 (c) (6) of the

Marine Mammals Protection Act of

1972, as amended (16 U.S.C. 1361 et

seq.).

Dated: July 25, 1997.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office Of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 97–25673 Filed 9–26–97; 8:45 am]

BILLING CODE 3510–22–F