52990 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 

Meeting Dates 

1. Snapper Grouper Committee Meeting: 

September 19, 2005, 1:30 p.m. until 5 

p.m. and September 20, 2005, 8:30 a.m. 

until 5 p.m. 

The Snapper Grouper Committee will 

meet to review the Snapper Grouper 

Regulatory Amendment document to 

finalize it for public hearings. The 

Regulatory Amendment addresses 

management measures for snowy 

grouper, golden tilefish, vermilion 

snapper, black sea bass, and red porgy. 

The Committee will also receive a report 

on the development of an evaluation 

team for review of the Oculina 

Experimental Closed Area and develop 

recommendations for Council 

consideration. The Committee will 

develop recommendations relative to 

addressing marine protected areas. In 

addition, the Committee will review 

issues relative to the draft of 

Amendment 13B to the Snapper 

Grouper Fishery Management Plan 

regarding mandates under the 

Sustainable Fisheries Act to address 

overfishing. 

2. Controlled Access Committee 

Meeting: September 21, 2005, 8:30 a.m. 

until 12 noon 

The Controlled Access Committee 

will discuss goals and objectives of a 

rights-based system in the South 

Atlantic, receive a presentation on 

‘‘Who Owns America’s Fisheries’’ by Dr. 

Seth Macinko, and review controlled 

access issues in the draft Senate Bill of 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) 

reauthorization. 

3. Joint Executive Committee and 

Finance Committee Meeting: September 

21, 2005, 1:30 p.m. until 5 p.m. 

The Committees will receive updates 

on current budget items, review the 

Council’s 2006 Fishery Management 

Plan/Amendment/Framework timelines, 

discuss participation in the 

Southeastern Aquatic Resources 

Partnership, develop Council comments 

on the Senate Bill working draft for 

MSFCMA reauthorization and proposed 

modifications to National Standard 1, 

discuss the function and duties of the 

joint Council and National Marine 

Fisheries Service Fishery Management 

Plan Teams, review the NMFS Status of 

Stocks Report to Congress, receive a 

report on the Southeastern Data, 

Assessment, and Review (SEDAR) 

Steering Committee meeting and discuss 

the Council’s current committee 

structure. 

4. Advisory Panel Selection Committee 

Meeting: September 22, 2005, 8:30 a.m. 

until 10:30 a.m.(CLOSED SESSION) 

The Advisory Panel Selection 

Committee will review advisory panel 

applications and develop 

recommendations for Council 

consideration. 

5. Scientific and Statistical Committee 

(SSC) Meeting: September 22, 2005, 

10:30 a.m. until 12 noon (CLOSED 

SESSION) 

The Scientific and Statistical 

Committee will meet to discuss the role 

of the SSC relative to the SEDAR 

process. In addition, the Committee will 

review applications and develop 

recommendations for Council for 

appointing SSC members. 

6. Council Session: September 22, 2005, 

1:30 p.m. until 5:30 p.m. and September 

23, 2005, 8:30 a.m. until 12 noon 

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

Council will call the meeting order, 

make introductions and roll call, adopt 

the meeting agenda, and approve earlier 

meeting minutes. The Council will also 

hold elections for Chairman and ViceChairman. 

From 2 p.m. until 4 p.m., the Council 

will receive a presentation on new 

fishing regulations proposed for Atlantic 

tunas, sharks, swordfish, and billfish 

and provide comment. 

From 4 p.m. until 4:30 p.m., the 

Council will receive a presentation on 

the Sustainable Seafood Initiative. 

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

Council will hear a report from the 

Snapper Grouper Committee, approve 

the Regulatory Amendment for public 

hearings, take other action as 

appropriate. 

Council Session: September 23, 2005, 

8:30 a.m. until 12 noon. 

From 8:30 a.m. until 9 a.m., the 

Council will receive a briefing from 

NOAA General Counsel on litigation 

(CLOSED SESSION). 

From 9 a.m. until 9:15 a.m., the 

Council will receive a report from the 

Controlled Access Committee and take 

action as appropriate. 

From 9:15 a.m. until 9:30 a.m., the 

Council will receive a report from the 

Joint Executive/Finance Committee and 

take action as appropriate. 

From 9:30 a.m. until 9:45 a.m., the 

Council will hear a report from the 

Advisory Panel Selection Committee 

and appoint advisory panel members. 

From 9:45 a.m. until 10 a.m., the 

Council will hear a report from the 

Scientific and Statistical Selection 

Committee and take action as 

appropriate. 

From 10 a.m. until 11:15 a.m., the 

Council will hear status reports from 

NOAA Fisheries’ Southeast Regional 

Office and the Southeast Fishery 

Science Center. 

From 11:15 a.m. until 12 noon, the 

Council will receive agency and liaison 

reports, discuss other business and 

upcoming meetings. 

Documents regarding these issues are 

available from the Council office (see 

ADDRESSES). 

Although non-emergency issues not 

contained in this agenda may come 

before this Council for discussion, those 

issues may not be the subjects of formal 

Council action during this meeting. 

Council 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 Council’s 

intent to take final action to address the 

emergency. 

Except for advertised (scheduled) 

public hearings and public comment, 

the times and sequence specified on this 

agenda are subject to change. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to the Council office 

(see ADDRESSES) by September 15, 2005. 

Dated: August 30, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E5–4829 Filed 9–2–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 052405C] 

Small Take of Marine Mammals 

Incidental to Specified Activities; 

Maintenance Dredging Around Pier 39, 

San Francisco, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

and proposed incidental harassment 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from Bay Marina 

Management Incorporated (BMMI) to 

take small numbers of marine mammals, 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 52991 

by harassment, incidental to dredging 

on the west side of the Pier 39 Marina 

on the San Francisco waterfront, CA. 

Under the Marine Mammal Protection 

Act (MMPA), NMFS is requesting 

comments on its proposal to issue an 

incidental harassment authorization 

(IHA) to BMMI for 1 year. 

DATES: Comments and information must 

be received no later than October 6, 

2005. 

ADDRESSES: Comments on the 

application should be addressed to 

Steve Leathery, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910–3225. The mailbox address for 

providing email comments is 

PR1.052405C@noaa.gov. NMFS is not 

responsible for e-mail comments sent to 

addresses other than the one provided 

here. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10–megabyte file size. 

Comments may also be submitted via 

facsimile to (301) 427–2521. A copy of 

the application containing a list of the 

references used in this document may 

be obtained by writing to this address or 

by telephoning the contact listed here 

and is also available at: http:// 

www.nmfs.noaa.gov/protlres/PR2/ 

SmalllTake/ 

smalltakelinfo.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: Jolie 

Harrison, (301) 713–2289, or Monica 

DeAngelis, NMFS Southwest Region, 

(562) 980–3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (Secretary) 

to allow, upon request, the incidental, 

but not intentional, taking 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 either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization may be granted if the 

Secretary finds that the total taking will 

have a negligible impact on the species 

or stock(s), will not have an unmitigable 

adverse impact on the availability of the 

species or stock(s) for subsistence uses, 

and that the permissible methods of 

taking and requirements pertaining to 

the monitoring and reporting of such 

taking are set forth. NMFS has defined 

‘‘negligible impact’’ in 50 CFR 216.103 

as ‘‘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.’’

Subsection 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by harassment. Except 

for certain categories of actions not 

pertinent here, the MMPA defines 

‘‘harassment’’ as: any act of pursuit, torment, or annoyance 

which: (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Section 101(a)(5)(D) establishes a 45–

day time limit for NMFS review of an 

application followed by a 30–day public 

notice and comment period on any 

proposed authorizations for the 

incidental harassment of marine 

mammals. Within 45 days of the close 

of the comment period, NMFS must 

either issue or deny issuance of the 

authorization. 

Summary of Request 

On August 9, 2004, NMFS received an 

application from Bay Marina 

Management Incorporated (BMMI) 

requesting an IHA for the take, by 

harassment, of small numbers of 

California sea lions (Zalophus 

californianus) and Pacific harbor seals 

(Phoca vitulina) incidental to the 

maintenance dredging the I, J, and K 

Docks on the west side of Pier 39 

Marina on the San Francisco waterfront, 

California. 

Description of the Activity 

BMMI proposes to perform 

maintenance dredging using a small, 

self-contained clamshell-style crane 

barge between docks I, J, and K at the 

Pier 39 west marina. These maintenance 

measures are necessary to maintain safe 

navigation depths at the marina, which 

currently has reduced water depths 

attributed to the accretion of bay 

sediment. The proposed dredging at Pier 

39 will remove sediment to create water 

depths in the project area of 9 ft (2.7 m) 

Mean Lower Low Water (MLLW), plus 

an additional two-foot overdredge 

allowance. Dredging design area limits 

(footprints) include the faces, 

approaches, and entrance channels to 

each berthing area up to the limit of the 

adjacent pier. Dredging will occur 

between June 1 and November 30 to 

avoid impacts to steelhead trout and 

Chinook salmon. 

Dredging operations at the Pier 39 

west marina are expected to occur in 

late fall of 2005 or the summer of 2006 

and are estimated to take approximately 

one to two weeks to complete. Dredge 

machinery would operate from 8 a.m. to 

3:30 p.m. daily. Approximately 13,000 

yd3 (9,939 m3) of material would be 

removed. Material to be dredged will be 

tested for pollutants and toxins by the 

Dredge Material Management Office 

prior to approval to begin dredging, and 

deposition of dredged materials will be 

deposited in accordance with local, 

state and federal regulations. Once 

removed, the dredged material will be 

transferred to Piers 96/98, which are 

owned and operated by the Port of San 

Francisco, and from there it will be 

disposed of at an approved upland 

disposal site. 

The proposed dredging of the Pier 39 

west berthing area will focus on the 

channels and slips of I and J docks and 

half of the channel between J and K 

docks. The original K dock was 

destroyed by the combined weight of 

hundreds of California sea lions that 

frequently use the area as a haul-out. 

Pier 39 replaced the damaged dock with 

a number of ten by twelve-foot floats for 

the sea lions to use. Since there are no 

actual berthing sites at K dock, no 

dredging will be necessary in the area 

immediately surrounding or under K 

dock. The crane barge will be situated 

at the furthest distance possible from K 

dock during each dredging episode. The 

closest that the barge will be to the K 

dock haul-out is when dredging the 

channel between J and K docks. When 

the barge is dredging this channel it will 

be moored to the bayside of J dock and 

extend the clamshell dredge arm out 

into the channel, towards K dock. Since 

the distance between J and K docks is 

100 ft (30 m) and the barge is 30 ft (9 

m) wide, it will never be positioned 

closer than 50 ft (15 m) to K dock at any 

time during the dredging project. 

Description of Habitat and Marine 

Mammals Affected by the Activity 

The marine mammal species known 

to be present at the Pier 39 Marina area 

are the California sea lion (Zalophus 

californianus) and the Pacific harbor 

seal (Phoca vitulina). Since 1993, a 

single adult male Steller sea lion 

(Eumetopias jubatus) has been observed 

hauled out on K dock intermittently 

during the months of July and August, 

52992 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 

and occasionally in September (30 

sightings in the last 10 years). However, 

this project will not affect the Steller sea 

lion because dredging activities will be 

halted if a Steller sea lion is observed. 

Additional information on these 

species can be found in Marine Mammal 

Stock Assessment Reports, which are 

available online at: http:// 

www.nmfs.noaa.gov/protlres/PR2/ 

StocklAssessmentlProgram/ 

sars.html. 

California Sea Lions 

California sea lions range from 

southern Mexico to southwestern 

Canada. In the U.S., they breed during 

July after pupping in late May to June, 

primarily in the Channel Islands of 

California. Most individuals breed on 

the Channel Islands off southern 

California and off Baja and mainland 

Mexico, although a few pups have been 

born on Ano Nuevo Island and this year 

a pup was born on the docks at 

Monterey and subsequently transferred 

to Ano Nuevo Island with its mother. 

Following the breeding season on the 

Channel Islands, most adult and subadult males migrate northward to 

central and northern California and to 

the Pacific Northwest, while most 

females and young animals either 

remain on or near the breeding grounds 

throughout the year or move southward 

or northward, as far as Monterey Bay. 

Since nearing extinction in the early 

1900’s, the California sea lion 

population has increased and is now 

growing at a rate of 5.4 to 6.1 percent 

per year (based on pup counts) with an 

estimated minimum population of 

138,881 animals. Actual population 

numbers may be as high as 237,000 to 

244,000 animals. The population is not 

listed as ‘‘endangered’’ or ‘‘threatened’’

under the Endangered Species Act 

(ESA), nor is this species listed as 

‘‘depleted’’ or as a ‘‘strategic stock’’

under the MMPA. 

California sea lions first appeared at 

Pier 39 in September, 1989. Numbers of 

hauled-out sea lions were relatively low 

the first year and K Dock was only used 

as a haul out from late summer through 

the winter. Within a few years, larger 

numbers of sea lions were observed at 

K Dock and they began using the haulout throughout the year. The Marine 

Mammal Center (MMC) began 

monitoring California sea lions at Pier 

39 in the late 1990’s and counts indicate 

peak usage of K dock at Pier 39 in May 

and early June, just prior to the breeding 

season. Although numbers decrease 

during mid-summer, since most adults 

relocate to the rookeries for pupping 

and breeding, some sea lions, of all age 

classes, remain in the area and continue 

to haul out at Pier 39. Within the 

dredging work window (June 1 to 

November 30) the largest numbers of 

California sea lions are found at K Dock 

in the late summer and fall. The highest 

number of individuals ever observed at 

once between June 1 and November 30 

at Pier 39 to date was 1244, in August 

of 2003. If the number of individuals 

observed at one count is averaged by 

month, from June to November, since 

2000, the averages range from 169 for 

July to 709 in September. Since 

monitoring began in 1991, only 10 

California sea lion pups have been 

observed at Pier 39, in 1997 and 1998. 

These pups, which were all weaned, 

most likely hauled out at K Dock due to 

the El Nino, and pups are not expected 

at the project site in ‘‘normal’’ years. 

Pacific Harbor Seals 

Although not commonly observed at 

Pier 39, Pacific harbor seals have been 

documented as visitors to K dock 

numerous times in the past decade. 

Harbor seals range from Baja California 

in Mexico northward to the Aleutian 

Islands of Alaska. The population 

estimate for the California stock is 

27,863 individuals (Caretta, et al., 2004) 

and is relatively stable. 

Harbor seals inhabit coastal waters 

within their range and prefer sheltered 

bays and inlets to the exposed coastline. 

Daily haul-out behavior of harbor seals 

is typically dependent on the tides, 

weather and time of day. Harbor seals 

exhibit seasonal variation in 

reproductive timing depending on 

geography. The pupping season for 

California populations is in the spring, 

with populations in the San Francisco 

Bay typically bearing young from March 

15 through May 31 (Green et al., 2001). 

There are two active pupping sites in 

the San Francisco Bay, Mowry Slough 

in the South Bay and Castro Rocks in 

the North Bay. Pups have been observed 

at Yerba Buena Island and Corte Madera 

Marsh in the San Francisco Bay. No 

births have been witnessed at these 

locations, but Yerba Buena is thought to 

be a potential pupping site. No harbor 

seal pups have ever been seen at Pier 39. 

Annual counts of harbor seals at Pier 

39 range from 0 seals observed in 1999 

and 2004, to a high of nine observations 

in 2000 for a total of 28 observations 

between 1997–2004. No more than two 

harbor seals have been observed hauled 

out simultaneously at any given time at 

K Dock. No harbor seals have been 

observed hauling out at Pier 39 July 

through September. No pups have been 

observed at Pier 39. Observations by 

MMC volunteers indicate that observed 

harbor seals at Pier 39 tend to distance 

themselves from the California sea lions 

hauling out in the vicinity. 

Potential Effects on Marine Mammals 

The applicant requests authorization 

for incidental taking, by Level B 

harassment, of California sea lions and 

Pacific harbor seals. Level B harassment 

may occur if hauled animals flush the 

haulout and/or move to increase their 

distance from dredging-related 

activities, such as noise associated with 

dredging, presence of a crane barge, the 

presence of workers, or unfamiliar 

activity in proximity to the haulout site. 

This disturbance from acoustic and 

visual stimuli is the principal means of 

marine mammal taking associated with 

these activities. 

Sudden brief noises have been shown 

to elicit startle reactions in some 

pinnipeds. Novel looming visual stimuli 

may induce similar startle reactions in 

pinnipeds. Daily engine starts and 

movements of the dredge bucket and 

vessel may induce startled and/or flight 

behavior in marine mammals using K 

dock as a haul out. However, this area 

has become a tourist spot for viewing 

sea lions, and the current population of 

animals utilizing K dock is accustomed 

to human activities and regular noise 

levels from people, traffic, use of nearby 

boat slips, and other marine operations. 

If animals do flush into the water, they 

may return to the haul-out site 

immediately, stay in the water for a 

length of time and then return to the 

haul-out, or temporarily haul-out at 

another site. Many factors contribute to 

the degree of behavioral modification, if 

any, including seasonality, group 

composition of the pinnipeds, type of 

activity they are engaged in and what 

noises they may be accustomed to 

experiencing. Short-term reactions such 

as startle or alert reactions are unlikely 

to disrupt behavior patterns such as 

migrating, breeding, feeding and 

sheltering and would not likely cause 

serious injury to marine mammals. 

The small, self-contained, clamshell 

dredge used for this activity may 

produce noise of a sufficient level to 

harass marine mammals at K dock. 

Measured sound energy levels (SELs) of 

similar equipment ranged between 75–

88 dBA (re 20 microPa) measured at 50 

feet (the closest distance that the dredge 

unit will be to K dock) (Boeing, 2005). 

Results of an ongoing study at 

Vandenberg Air Force Base of the effects 

of rocket launches on pinnipeds 

indicate that the percentage of Pacific 

harbor seals leaving the haul-out 

increases with noise level up to an SEL 

of approximately 100 dBA, after which 

almost all seals leave, although recent 

data has shown that an increasing 

Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 52993 

percentage of seals have remained on 

shore, and those that remain are adults. 

Though harbor seals are more sensitive 

to audio stimuli than sea lions, these 

results indicate that animals are flushed 

at an SEL less than 100 dBA, and it is 

possible that marine mammals at K 

Dock may modify their behavior as a 

result of the lesser dredge noise. 

If a startled reaction is accompanied 

by large-scale movements of marine 

mammals, such as stampedes into the 

water, the disruption may escalate into 

Level A harassment and could result in 

injury of individuals, especially if pups 

are present. However, due to the 

uniqueness of this particular haul-out 

area, the unlikely presence of pups, and 

the proposed shut-down procedures 

should pups be sighted, NMFS believes 

there is a very low likelihood of such 

injury occurring at the Pier 39 site. 

Specifically, the haul-out consists of 

many separate floating platforms that 

can hold up to about 25 marine 

mammals each. If disrupted to the point 

of flushing off the platforms, pinnipeds 

can quickly leap or roll into the water 

in any direction off the relatively small 

platforms, avoiding a dangerous 

stampede-like situation that may occur 

at normal haul-out locations such as 

exposed rocks. Additionally, marine 

mammal pups use this haul-out very 

infrequently (approximately 10 pups 

have been sighted at K Dock, in 1997 

and 1998, during the El Nino), further 

reducing potential harm to the species. 

Over the last 13 years, BMMI has 

observed the sea lions either ignore 

various unfamiliar intrusions and 

remain hauled out, or adapt to them and 

eventually become acclimated and 

return to their normal behavior. 

Disturbance from these proposed 

dredging activities is expected to have a 

only a short-term negligible impact to a 

small number of California sea lions and 

a few Pacific harbor seals. At a 

maximum, short-term impacts are 

expected to result in a temporary 

reduction in utilization of K dock as a 

haulout site while work is in progress or 

until seals acclimate to the disturbance. 

The project is not expected to result in 

any permanent reduction in the number 

of animals at Pier 39. NMFS 

preliminarily agrees with BMMI that 

effects will be limited to short-term and 

localized behavioral changes falling 

within the MMPA definition of Level B 

harassment. 

Mitigation 

To minimize disturbance of marine 

mammals from visual and acoustic 

stimuli associated with the dredging 

activities, BMMI will use a small 

(relative to the range of sizes of 

equipment that could accomplish the 

task) clamshell dredge that can easily 

target the specific areas to be dredged. 

The smaller equipment will also 

minimize the amount of turbidity 

resulting from the dredging activities. 

The dredge material will be 

immediately loaded onto a barge and 

transported to a nearby terrestrial 

disposal site at Piers 96 and 98, which 

will allow for a shorter project duration. 

When not in use, the clamshell dredge 

and dredge barge will be parked as far 

as feasible from the K Dock. After 

starting engines in morning, the 

clamshell dredge will be moved as 

slowly as possible to the area to be 

dredged and the dredge head lowered 

slowly and carefully into the water. 

As mentioned previously, if a Steller 

sea lion of any age or a marine mammal 

pup of any species is spotted at any time 

during dredging operations, operations 

will cease until the animal has left the 

area. 

Monitoring 

The K dock haulout will be monitored 

periodically during dredging activities 

by two NMFS-approved observers 

according to the following schedule: 

(1) During the week prior to the 

commencement of dredging activities, 

morning counts will be taken every 

morning at the same time. One 

afternoon count will be taken at 

approximately the same time the 

dredging is scheduled to stop in the 

following days. 

(2) During the dredging operations: 

(a) One count will be taken every 

morning before dredging work begins 

and every afternoon once operations 

cease. 

(b) On the first day of dredging and on 

one other day near the end of dredging 

operations, monitors will be present all 

day (starting one hour before operations 

begin and remaining until 2 hours after 

operations cease) and they will 

document specific behaviors as they 

relate to specific aspects of the dredging 

operations and other activities. An 

additional count will be conducted 2 

hours after dredging operations cease. 

Rates of departure and arrival of animals 

from/to the haulout will be noted. 

(3) Following completion of the 

dredging: 

(a) Morning counts (taken at 

approximately same time as those taken 

previously (See 1)) will be made every 

day for a week. 

(b) An afternoon count will be 

conducted the day after dredging ceases 

and on the last day of the post-dredging 

monitoring. 

(4) During all monitoring periods the 

following data will be recorded: date, 

time, observer, tidal height, species 

present, maximum number of animals 

hauled out, number of adults and subadults, number of males and females (if 

possible), any observed disturbances to 

the animals, and the number of animals 

disturbed (for example, if animals 

flushed, reports should include the 

number of animals that returned to the 

water, and those that remained hauled 

out). During periods of dredging a 

description of dredging activities will 

also occur (including location of dredge, 

i.e., between J and K Docks, or between 

I and J Docks). 

Reporting 

A draft report will be submitted to the 

NMFS Southwest Regional 

Administrator and the Office of 

Protected Resources within 90 days after 

project completion. A final report will 

be submitted within 30 days of 

receiving NMFS’ comments, if any, on 

the draft report. The Report will 

contain, analyze, and summarize the 

information required under Monitoring, 

above, as well estimating the number of 

animals taken by Level B Harassment. 

BMMI will share data collected as a 

result of these monitoring activities with 

other interested parties, such as the 

Marine Mammal Center and other boat 

marinas. 

Numbers of Marine Mammals Expected 

to be Harassed 

The highest number of California sea 

lions ever counted at one time on the K 

Dock between June 1 and November 30 

was 1244 individuals in August 2003. 

The average number of individuals 

counted at one time within the work 

window since 2000 is lowest in July 

(169) and highest in September (709). 

The effects of the proposed dredging 

activities are expected to be limited to 

Level B Harassment in the form of shortterm startle responses and localized 

behavioral changes. Based on an average 

of 169 to 709 animals over the 

maximum of 14 days, NMFS estimates 

that California sea lions could be 

exposed to audio or visual stimulus 

likely to cause harassment between 

2360 and 9930 times. However, based 

on review of the Pier 39 observer logs 

maintained over the last 14 years, which 

indicate that sea lions may remain in 

the area and haul out for several days in 

a row at the K dock, NMFS estimates 

that between 1180 to 4965 individual 

animals will be harassed. The highest 

total number of harbor seals ever seen 

in one month between June 1 and 

November 30 was 3 in November of 

1997. NMFS anticipates that no more 

than 3 Pacific harbor seals will be 

harassed by this activity. These are 

52994 Federal Register / Vol. 70, No. 171 / Tuesday, September 6, 2005 / Notices 

small numbers relative to the size of the 

affected species or stocks. 

Possible Effects of Activities on Marine 

Mammal Habitat 

NMFS anticipates that the action will 

result in minor and short-term effects on 

marine mammal habitat, including a 

temporary increase in the turbidity in 

the area of the dredging and a temporary 

decrease in the quality of K dock as a 

haul-out site as a result of increased 

visual and audio stimuli. 

Possible Effects of Activities on 

Subsistence Needs 

There are no subsistence uses for 

California sea lions or Pacific harbor 

seals in California waters, and thus, 

there are no anticipated effects on their 

availability for subsistence uses. 

Endangered Species Act (ESA) 

Though a single Steller sea lion has 

infrequently been sighted at the K Dock, 

BMMI plans to cease dredging 

operations immediately if one is seen, 

and not begin dredging again until the 

animal has left the area of its own 

volition. NMFS does not anticipate any 

impacts to Steller sea lions to result 

from the issuance of the IHA. 

In the 1998 programmatic Biological 

Opinion addressing dredging in San 

Francisco Bay, NMFS established a June 

1 to November 30 work window for 

dredging activities in the San Francisco 

Bay to avoid impacts to steelhead trout 

and Chinook salmon. BMMI proposes to 

dredge between June 1 and November 

30, and therefore NMFS does not 

anticipate any impacts to ESA-listed 

fish. 

National Environmental Policy Act 

(NEPA) 

NMFS has conducted a preliminary 

NEPA analysis and produced a draft 

Environmental Assessment (EA) on the 

Issuance of an IHA for the Incidental 

Take, by Harassment, of Marine 

Mammals During the Dredging of Pier 

39, San Francisco, California. 

Concurrently with the publication of 

this document, the EA has been posted 

on the NMFS website at: http:// 

www.nmfs.noaa.gov/protlres/PR2/ 

SmalllTake/ 

smalltakelinfo.htm#applications. 

Public comments are solicited regarding 

both the EA and this notice. NMFS will 

issue a record of decision under NEPA 

prior to the issuance or denial of this 

IHA. 

Preliminary Conclusions 

NMFS has preliminarily determined 

that the dredging activities described in 

this document and in the application for 

an IHA may result in short-term and 

localized changes in behavior by small 

numbers of California sea lions and 

Pacific harbor seals. While behavioral 

modifications may be made by the seals, 

including temporarily vacating the K 

Dock haulout, this action is expected to 

have a negligible impact on the animals. 

In addition, no take by injury or death 

is anticipated, and take by harassment 

will be at the lowest level practicable 

due to incorporation of the mitigation 

measures mentioned previously in this 

document. 

NMFS has preliminarily determined 

that the proposed activity would result 

in the harassment of small numbers of 

California sea lions and Pacific harbor 

seals, and that the takings will have no 

more than a negligible impact on these 

marine mammal stocks. Accordingly, 

NMFS proposes to issue an IHA to 

BMMI for the potential harassment of 

small numbers of California sea lions 

and Pacific harbor seals incidental to 

dredging around Pier 39, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Information Solicited 

NMFS requests interested persons to 

submit comments, information, and 

suggestions concerning this request (see 

ADDRESSES). 

Dated: August 30, 2005. 

Donna Wieting, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–17639 Filed 9–2–05; 8:45 am] 

BILLING CODE 3510–22–S 

COMMITTEE FOR THE 

IMPLEMENTATION OF TEXTILE 

AGREEMENTS 

Announcement of Request for Bilateral 

Textile Consultations with the 

Government of the People’s Republic 

of China and the Establishment of 

Import Limits for Certain Cotton and 

Man-made Fiber Brassieres and Other 

Body Supporting Garments (Category 

349/649) and Other Synthetic Filament 

Fabric (Category 620), Produced or 

Manufactured in the People’s Republic 

of China 

September 1, 2005. 

AGENCY: Committee for the 

Implementation of Textile Agreements 

(Committee). 

ACTION: Notice 

EFFECTIVE DATE: August 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Ross 

Arnold, International Trade Specialist, 

Office of Textiles and Apparel, U.S. 

Department of Commerce, (202) 482- 

4212. For information on the quota 

status of these limits, refer to the Bureau 

of Customs and Border Protection 

website (http://www.cbp.gov), or call 

(202) 344-2650. For information on 

embargoes and quota re-openings, refer 

to the Office of Textiles and Apparel 

website at http://otexa.ita.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Authority: Section 204 of the Agricultural 

Act of 1956, as amended (7 U.S.C. 1854); 

Executive Order 11651 of March 3, 1972, as 

amended. 

On August 31, 2005, as provided for 

under paragraph 242 of the Report of the 

Working Party on the Accession of 

China to the World Trade Organization 

(Accession Agreement), the United 

States requested consultations with the 

Government of the People’s Republic of 

China with respect to imports of 

Chinese-origin cotton and man-made 

fiber brassieres and other body 

supporting garments (Category 349/649) 

and other synthetic filament fabric 

(Category 620). 

Paragraph 242 of the Accession 

Agreements provides that, upon receipt 

of the request, the People’s Republic of 

China will hold its shipments to a level 

no greater than 7.5 percent above the 

amount entered during the first 12 

months of the most recent 14 months 

preceding the month in which the 

request for consultations was made. 

Because this restraint period will be for 

less than 12 months, the quantitative 

limit will be prorated to conform to the 

number of days remaining in the year, 

beginning on August 31, 2005 (i.e., by 

a ratio of 123/365). Consistent with 

paragraph 242, consultations with the 

People’s Republic of China will be held 

within 30 days of receipt of the request 

for consultations, and every effort will 

be made to reach agreement on a 

mutually satisfactory solution within 90 

days of receipt of the request for 

consultations. If no mutually 

satisfactory solution were reached 

during this 90-day consultation period, 

the United States could continue these 

limits. 

To ensure that the limitations 

provided for under Paragraph 242 are 

carried out, the Committee is 

establishing prorated limits on Chineseorigin textile and apparel products in 

Categories 349/649 and 620, beginning 

on August 31, 2005, and extending 

through December 31, 2005. If 

agreement on a different limit is reached 

as a result of the consultations with 

China, the Committee will issue a 

Federal Register Notice containing a 

directive to the Bureau of Customs and