51756 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 

conduct a survey to collect data that 

will be used to develop recovery actions 

for the federally endangered U.S. 

distinct population segment (DPS) of 

smalltooth sawfish. The National 

Marine Fisheries Service works to 

conserve and recovery listed species 

protected under the Endangered Species 

Act (ESA). 

II. Method of Collection 

The data will be collected through a 

mail survey. Permitted Commercial Gulf 

of Mexico Reef Fish, Gulf of Mexico 

Charter/Head boat for Reef Fish, 

Commercial Shark Directed and 

Incidental, Coastal Migratory Pelagic, 

South Atlantic Rock Shrimp 

Endorsement And Permit, and Gulf of 

Mexico Shrimp fishers will receive the 

survey. 

III. Data 

OMB Number: None. 

Form Number: None. 

Type of Review: Regular submission. 

Affected Public: Not-for-profit 

institutions; and business or other forprofit organizations. 

Estimated Number of Respondents: 

5,153. 

Estimated Time Per Response: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 2,577. 

Estimated Total Annual Cost to 

Public: $1,907. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: August 25, 2005. 

Gwellnar Banks, 

Management Analyst, Office of the Chief 

Information Officer. 

[FR Doc. 05–17289 Filed 8–30–05; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 082205A] 

Issuance of an Incidental Take Permit 

(1529) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce 

ACTION: Notice of permit issuance. 

SUMMARY: Notice is hereby given of that 

NMFS issued on August 17, 2005, an 

incidental take permit 1529 to David N. 

Hata, Ph.D., Virginia Polytechnic 

Institute and State University (Virginia 

Tech) pursuant to the Endangered 

Species Act of 1973, as amended (ESA). 

As required by the ESA, the application 

includes a conservation plan designed 

to minimize and mitigate any such take 

of endangered or threatened species. 

The Permit application is for the 

incidental take of ESA-listed sea turtles 

associated with otherwise lawful 

research to assess horseshoe crab 

abundance from Cape Cod, 

Massachusetts south to the GeorgiaFlorida border. The duration of the 

proposed Permit is for 7 years. 

ADDRESSES: The application, permit, 

and related documents are available in 

the following office by appointment: 

Marine Mammal and Turtle Division, 

Office of Protected Resources, NMFS, 

1315 East-West Highway, Silver Spring, 

MD 20910. The application and 

conservation plan is also available for 

download athttp://www.nmfs.noaa.gov/ 

protlres/PR3/Permits/ESAPermit.html. 

FOR FURTHER INFORMATION CONTACT: 

Therese Conant (ph. 301–713–1401, fax 

301–427–2522, e-mail 

Therese.Conant@noaa.gov.) 

SUPPLEMENTARY INFORMATION: Section 9 

of the ESA and Federal regulations 

prohibit the ‘‘taking’’ of a species listed 

as endangered or threatened. The term 

‘‘take’’ is defined under the ESA to 

mean harass, harm, pursue, hunt, shoot, 

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

to attempt to engage in any such 

conduct. NMFS may issue permits, 

under limited circumstances, to take 

listed species incidental to, and not the 

purpose of, otherwise lawful activities. 

Section 10(a)(1)(B) of the ESA provides 

for authorizing incidental take of listed 

species. NMFS regulations governing 

permits for threatened and endangered 

species are promulgated at 50 CFR 

222.307. 

Species Covered in This Notice 

The following species are included in 

the conservation plan and Permit 

application: Loggerhead (Caretta 

caretta), green (Chelonia mydas), 

leatherback (Dermochelys coriacea), 

hawksbill (Eretmochelys imbricata), and 

Kemp’s ridley (Lepidochelys kempii) sea 

turtles. 

Background 

NMFS received an application from 

Dr. Hata on April 2, 2004. Based on a 

review of the application, NMFS 

determined that the application was 

incomplete and requested further 

information. The applicant submitted a 

revised application on January 10, 2005. 

NMFS published a notice of receipt and 

requested comment on the revised 

application (70 FR 19733, April 14, 

2005). No comments were received. 

The application is for incidental take 

of ESA-listed species that may result 

from proposed research. The proposed 

research activity will consist of annual 

horseshoe crab abundance monitoring 

surveys and associated studies to 

evaluate survey methodology. The 

annual trawl surveys will provide 

abundance, distribution and 

demographic information in support of 

the horseshoe crab Fishery Management 

Plan of the Atlantic States Marine 

Fisheries Commission. The surveys will 

be conducted from Cape Cod, 

Massachusetts to the Georgia-Florida 

border. Sampling consists of 

approximately 48 days at sea for a total 

of 250 tows deploying flounder and 

whelk trawls intended to capture 

horseshoe crabs for examination and 

enumeration. Tows will be no longer 

than 15 minutes of bottom time and will 

be conducted at night from mid-August 

through mid-November. Turtle excluder 

devices will not be installed in the trawl 

gear because these devices may hinder 

capture of horseshoe crabs. Thus, it is 

anticipated that fish and sea turtles will 

be captured by the unmodified gears. 

The application anticipates the annual 

capture of one lethal or non-lethal 

leatherback, one lethal or non-lethal 

hawksbill, one lethal and 3 non-lethal 

green, 2 lethal and 34 non-lethal 

loggerheads, one lethal and 15 nonlethal Kemp’s ridley sea turtles in 48 

days of sampling. The lethal take 

numbers are based on a 3 percent 

mortality rate which is the rate 

published for trawl fisheries with less 

than a 40 minute tow time (NMFS 

Southeast Fisheries Science Center 

Tech. Memo. NMFS-SEFSC–455 2002). 

Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices 51757 

Conservation Plan 

The conservation plan prepared by 

the applicant describes measures 

designed to monitor, minimize, and 

mitigate the incidental takes of ESAlisted sea turtles. The conservation plan 

includes limiting sampling effort in 

areas and times where sea turtles are 

likely to be present; avoiding coral and 

rock habitats associated with hawksbills 

and areas of submerged aquatic 

vegetation associated with green turtles; 

using minimal tow durations; avoiding 

areas of high fishing vessel activity 

which may attract foraging sea turtles 

and may increase the chance of multiple 

captures. 

All activities will be conducted under 

the direct supervision of scientific 

parties from Virginia Tech. Sampling 

will not be conducted when sea turtles 

are observed in the area. If a sea turtle 

is captured, all efforts will be made to 

release the turtle as quickly as possible 

with minimal trauma. If necessary, 

resuscitation will be attempted as 

proscribed by 50 CFR 223.206. 

Scientific parties will be familiarized 

with resuscitation techniques prior to 

surveys, and a copy of the resuscitation 

guidelines will be carried aboard the 

vessel during survey activities. In the 

event resuscitation is unsuccessful, the 

sea turtle will be transferred to the sea 

turtle stranding network of the 

appropriate jurisdiction. Other 

monitoring or mitigation actions will be 

undertaken as required. 

The applicant considered and rejected 

three other alternatives: Not applying 

for a permit; conducting the research in 

an area where ESA-listed species do not 

occur; and using different sampling gear 

when developing their conservation 

plan. 

Upon a review of the application, 

relevant documents, public comments, 

and further discussions with NCDMF, 

NMFS found that the application met 

the criteria for issuance of 50 CFR 

222.307(c). Permit 1529 was issued on 

August 17, 2005, and expires on 

December 15, 2011. 

Dated: August 26, 2005. 

Thomas C. Eagle, 

Acting Chief, Marine Mammal and Turtle 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–17343 Filed 8–30–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 080305C] 

Endangered Species; File No. 1537 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Guam Division of Aquatic and Wildlife 

Resources (DAWR), 142 Dairy Road, 

Mangilao, Guam 96913, has been issued 

a permit to take green (Chelonia mydas) 

and hawksbill (Eretmochelys imbricata) 

sea turtles for purposes of scientific 

research. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Silver 

Spring, MD 20910; phone (301)713–

2289; fax (301)427–2521; and 

Pacific Islands Region, NMFS, 1601 

Kapiolani Blvd., Rm 1110, Honolulu, HI 

96814–4700; phone (808)973–2935; fax 

(808)973–2941. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Opay or Ruth Johnson, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On June 3, 

2005, notice was published in the 

Federal Register (70 FR 32582) that a 

request for a scientific research permit 

to take green and hawksbill sea turtles 

had been submitted by the above-named 

organization. The requested permit has 

been issued under the authority of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.) 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

Researchers will annually capture 63 

green and 30 hawksbill sea turtles by 

hand or by tangle net. Turtles will be 

measured, flipper tagged, Passive 

Integrated Transponder tagged, tissue 

sampled, and released. A subset of 

individuals of each species will also 

have a satellite transmitter attached to 

their carapace. The research will gather 

information on turtle population size 

and stratification, species distribution, 

and health status. This information will 

be used to develop conservation 

management measures for these species. 

The research will occur in the waters off 

of Guam. The permit is issued for a 5–

year period. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit (1) was applied for in good 

faith, (2) will not operate to the 

disadvantage of any endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: August 26, 2005. 

Stephen L. Leathery, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–17344 Filed 8–30–05; 8:45 am] 

BILLING CODE 3510–22–S 

COMMISSION OF FINE ARTS 

Notice of Meeting 

The next meeting of the Commission 

of Fine Arts is scheduled for 15 

September 2005 at 9 a.m. in the 

Commission’s offices at the National 

Building Museum, Suite 312, Judiciary 

Square, 401 F Street, NW., Washington, 

DC 20001–2728. Items of discussion 

affecting the appearance of Washington, 

DC, may include buildings, parks and 

memorials. 

Draft agendas and additional 

information regarding the Commission 

are available on our Web site: http:// 

www.cfa.gov. Inquiries regarding the 

agenda and requests to submit written 

or oral statements should be addressed 

to Thomas Luebke, Secretary, 

Commission of Fine Arts, at the above 

address or call 202–504–2200. 

Individuals requiring sign language 

interpretation for the hearing impaired 

should contact the Secretary at least 10 

days before the meeting date. 

Dated in Washington, DC, 25 August 2005. 

Thomas Luebke, 

Secretary. 

[FR Doc. 05–17322 Filed 8–30–05; 8:45 am] 

BILLING CODE 6330–01–M 

DEPARTMENT OF DEFENSE 

Negotiation of a Reciprocal Defense 

Procurement Memorandum of 

Understanding With Argentina 

AGENCY: Department of Defense (DoD). 

ACTION: Request for industry feedback 

regarding experience in public (defense) 

procurements conducted by Argentina. 

SUMMARY: DoD is commencing 

negotiation of a Reciprocal Defense 

Procurement Memorandum of 

Understanding (MOU) with Argentina. 

DoD is soliciting input from U.S. 

industry that has had experience