Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices 60285 

as a result of the proposed fisheries. A 

variety of monitoring and evaluation 

tasks are specified in the FMEPs to 

assess the abundance of coho salmon, 

determine fishery effort and catch of 

coho salmon and other species, and 

monitor angler compliance. A review of 

compliance with the provisions of the 

FMEPs will be conducted by the state 

fisheries agencies annually and a 

comprehensive review to evaluate the 

effectiveness of the FMEPs will occur at 

a minimum every 5 years. 

As specified in the July 10, 2000, the 

Endangered Species Act (ESA) 4(d) rule 

for salmon and steelhead (65 FR 42422) 

and updated rule (June 28, 2005, 70 FR 

37160), NMFS may approve an FMEP if 

it meets criteria set forth in 50 CFR 

223.203(b)(4)(i)(A) through (I). Prior to 

final approval of an FMEP, NMFS must 

publish notification announcing its 

availability for public review and 

comment. 

Authority 

Under section 4 of the ESA, the 

Secretary of Commerce is required to 

adopt such regulations as he deems 

necessary and advisable for the 

conservation of species listed as 

threatened. The ESA salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000, as updated in 70 FR 37160, 

July 28, 2005) specifies categories of 

activities that contribute to the 

conservation of listed salmonids and 

sets out the criteria for such activities. 

The rule further provides that the 

prohibitions of paragraph (a) of the rule 

do not apply to activities associated 

with fishery harvest provided that an 

FMEP has been approved by NMFS to 

be in accordance with the salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000, as updated in 70 FR 37160, 

July 28, 2005). 

Dated: October 12, 2005. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 05–20713 Filed 10–14–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 101105C] 

Notice of Intent to Prepare an 

Environmental Impact Statement on 

Issuance of Permits for Research on 

Northern Right Whales in the Atlantic 

and Pacific Oceans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic 

andAtmospheric Administration 

(NOAA), Commerce. 

ACTION: Notice of Intent to prepare 

environmental impact statement. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces its 

intent to prepare an Environmental 

Impact Statement (EIS) to analyze the 

environmental impacts of issuing 

permits facilitating research on 

endangered northern right whales. 

Publication of this notice begins the 

official scoping process that will help 

identify alternatives and determine the 

scope of environmental issues to be 

addressed in the EIS. This notice 

requests public participation in the 

scoping process and provides 

information on how to participate. 

ADDRESSES: See SUPPLEMENTARY

INFORMATION for specific dates, times, 

and locations of public scoping 

meetings for this issue. 

FOR FURTHER INFORMATION CONTACT: 

Written statements and questions 

regarding the scoping process must be 

postmarked by January 31, 2006, and 

should be mailed to: Steve Leathery, 

Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries 

Service, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910–3226, 

Fax: 301–427–2582 or e-mail at 

rweis.comments@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

proposes to continue to issue permits to 

various individuals and institutions for 

conduct of research on northern right 

whales, Eubalaena glacialis, in the 

Atlantic and Pacific Oceans. Note that 

the International Whaling Commission 

recognizes two species of northern right 

whale: E. glacialis in the North Atlantic 

and E. japonica in the North Pacific. 

NMFS is currently conducting a status 

review to determine whether to list the 

population of northern right whales in 

the Pacific as a separate species (E. 

japonica) from the population in the 

Atlantic (E. glacialis). Permits would be 

issued pursuant to the provisions of 

section 104 of the Marine Mammal 

Protection Act (MMPA; 16 U.S.C. 1361 

et seq.) and section 10(a)(1)(A) of the 

Endangered Species Act (ESA; 16 U.S.C. 

1531 et seq.), and NMFS regulations 

implementing these statutes. 

NMFS is the Federal agency 

responsible under the MMPA and ESA 

for management of right whales. NMFS 

issues permits to qualified individuals 

and institutions so they can conduct 

research activities likely to result in 

collection of information needed by 

NMFS to conserve and recover northern 

right whales. NMFS has issued permits 

for research on right whales for several 

decades. 

The purpose of issuing permits is to 

allow an exemption to the prohibition 

on ‘‘takes’’ established under the ESA 

and MMPA. The ESA and the MMPA 

prohibit ‘‘takes’’ of threatened and 

endangered species, and of marine 

mammals, respectively. The ESA 

defines ‘‘take’’ as ‘‘to harass, harm, 

pursue, hunt, shoot, wound, kill, trap, 

capture, or collect, or to attempt to 

engage in any such conduct.’’ Under the 

MMPA, ‘‘take’’ is defined as to ‘‘harass, 

hunt, capture, collect or kill, or attempt 

to harass, hunt, capture, collect or kill 

any marine mammal.’’ The MMPA 

further 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 a disruption of 

behavioral patterns, including, but not 

limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

but which does not have the potential 

to injure a marine mammal or marine 

mammal stock in the wild [Level B 

harassment].’’

In addition to the general prohibitions 

of the MMPA and ESA, federal 

regulations (50 CFR 224.103) prohibit 

both boats and aircraft from 

approaching any right whale in the 

North Atlantic closer than 500 yards, 

except by permit. Many research 

activities, including aerial and vesselbased surveys, photo-identification, 

attachment of scientific instruments, 

and collection of tissue samples (remote 

biopsy sampling), require approaching 

right whales closer than this and may 

result in harassment or other acts 

otherwise prohibited under the MMPA 

and ESA. 

While the status of the right whale 

population has remained critical, the 

interest in research that will identify or 

resolve conservation problems for the 

species has grown. The level of research 

effort relative to the population size has 

increased and researchers are 

60286 Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices 

developing ever more innovative 

techniques to study right whales. In 

addition, Congress continues to 

appropriate funds to facilitate research 

on right whales, which in turn drives 

requests for research permits. Thus, 

NMFS has decided to prepare an EIS to 

evaluate the cumulative impacts of 

research on right whales and to assess 

the likely environmental effects of 

issuing permits under a range of 

alternatives characterized by different 

research methods, mitigation measures, 

and level of effort, including a range of 

sample sizes and temporal and 

geographic scopes of research. 

The Proposed Action Alternative 

would result in issuance of permits to 

qualified individuals and institutions to 

conduct those research activities 

determined critical or essential to 

NMFS’ conservation and recovery of 

right whales. To minimize the 

cumulative impacts of research on right 

whales, no permits would be issued for 

lower priority research activities until 

the highest priority tasks were 

completed or unless there was sufficient 

information to determine that the 

cumulative impacts of allowing 

additional takes for research would not 

disadvantage or jeopardize the 

continued existence of the species. The 

Proposed Action could thus be viewed 

as a minimum take alternative, allowing 

the least amount of research practicable 

to meet NMFS’ needs for recovery of the 

species. 

In addition to the Proposed Action, 

NMFS will consider other alternatives 

for issuing permits for research on right 

whales. One alternative to the Proposed 

Action is to issue all permits requested 

regardless of their relative potential 

contribution to recovery of the species, 

provided they meet all permit issuance 

criteria and would not jeopardize the 

continued existence of the species. In 

contrast to the Proposed Action, this 

could be viewed as the maximum 

allowable take alternative. 

Another alternative to the Proposed 

Action is the No Action Alternative, 

which CEQ regulations require be 

included for consideration. The No 

Action Alternative would only allow 

conduct of that research on right whales 

already allowed under existing permits, 

which are valid through 2010. No new 

permits would be issued to replace the 

expiring permits, nor would existing 

permits be amended to allow 

modifications in research activities, 

sample sizes, or objectives. 

A fourth alternative considered is the 

Status Quo. As with the No Action 

Alternative, the Status Quo Alternative 

would allow conduct of research on 

right whales already identified under 

existing permits, and no permits would 

be amended to change research 

activities, sample sizes, or objectives. 

However, under the Status Quo 

Alternative, new permits would be 

issued to replace existing permits as 

they expire such that the current level 

of research and types of research 

activities would continue. Since the 

Status Quo would not allow issuance of 

permits for any research activities, 

objectives, or sample sizes not currently 

permitted, it would preclude adaptive 

changes in the research program that 

may be responsive to changes in the 

population status or threats to the 

recovery of the population. 

The Status Quo and two other 

alternatives considered by NMFS may 

be eliminated from detailed study 

because they would not allow conduct 

of research identified by NMFS as 

necessary for conservation of the 

species. The other two alternatives that 

may be eliminated from further study 

are: (1) imposing a research permit 

moratorium (i.e., suspending or 

revoking existing permits and not 

issuing new ones) and (2) suspending 

all intrusive research activities (i.e., 

stopping biopsy sampling, instrument 

attachment, and other activities that 

could result in physical injury). In 

addition to preventing collection of 

information about right whales needed 

for NMFS conservation and recovery 

efforts for the species, a research permit 

moratorium would seriously hinder 

conduct of the aerial surveys vital to 

operation of networks established to 

minimize shipstrikes with right whales. 

Suspending permits for intrusive 

research would impede collection of 

information on right whale habitat use 

and population structure which is 

needed for NMFS conservation and 

recovery efforts for the species. 

Major environmental issues that will 

be addressed in the EIS include: NMFS’

information needs for conservation of 

the species; the types of research 

activities to be permitted, including 

temporal and geographic extent of 

activities, level of effort (sample sizes 

and frequency of sampling), and 

standardized protocols; mitigation 

measures; and the cumulative impacts 

of research activities on right whales 

and the environment. To be consistent 

with the purposes and policies of the 

MMPA and ESA and with NMFS’

implementing regulations, research 

permitted under any alternative should 

contribute to fulfilling a research need 

or objective identified in the Right 

Whale Recovery Plan; understanding 

the basic biology or ecology of marine 

mammals; or identifying, evaluating, or 

resolving conservation problems for the 

species. NMFS is therefore seeking 

public comments especially in the 

following five areas related to permits 

for research on right whales: 

(1) Types of research. For example, 

are there critical research needs for this 

species other than those identified in 

the Recovery Plan? If so, what are they 

and how are they likely to benefit the 

species? Of the research, information, 

and monitoring needs identified in the 

Recovery Plan, what are the most 

appropriate methods to conduct the 

study or obtain the information? 

(2) Level of research effort. For 

example, how much of a specific 

research activity (e.g., aerial survey, 

tagging, biopsy sampling, etc.) is enough 

for management and conservation 

needs? Can there be too much? If so, 

how should NMFS set limits? Should 

there be different standards or more 

restrictions placed on research 

conducted on certain age, sex, or 

reproductive classes or life-history 

stages? If so, what are those classes/ 

stages and what should those 

limitations be? 

(3) Coordination of research. For 

example, assuming permits are issued to 

multiple individuals, what are the most 

appropriate mechanisms for ensuring 

research is coordinated to maximize 

information and reduce adverse 

impacts? Alternatively, should NMFS 

consider limiting the number of permits 

to increase coordination and 

cooperation? If so, how should this be 

accomplished? Should researchers 

operating under different permits (but 

studying the same or related questions 

- such as aerial survey for population 

census or biopsy for population 

genetics) be required to use the same or 

similar methods to ensure the 

information collected is comparable and 

useful in NMFS conservation of the 

species? If so, what methods are most 

appropriate (for aerial surveys; vessel 

surveys; photo-identification; biopsy for 

genetic analyses, contaminants analyses; 

etc.)? If not, how should NMFS compare 

or use the data from various permit 

holders in its management decisions? 

(4) Qualifications of researchers. For 

example, to ensure the study is 

conducted successfully and with the 

minimum of adverse impacts, how 

much prior experience should a permit 

applicant, principal investigator, or 

anyone else operating under a permit, 

have with the specific methods for 

which they seek a permit? 

(5) Effects of research. NMFS will be 

assessing possible effects of the various 

research methods using all appropriate 

available information. Anyone having 

relevant information they believe NMFS 

should consider in its analysis should 

Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices 60287 

provide a complete citation or reference 

for retrieving the information. In 

addition, NMFS is seeking 

recommendations for study designs that 

could detect or predict the effects of 

research on right whales. 

For additional information about right 

whales, the permit process, and related 

information, please visit our website at 

http://www.nmfs.noaa.gov/pr/ 

rightwhale/. 

Scoping Meetings Agenda 

Public scoping meetings will be held 

at the following dates, times, and 

locations: 

1. Thursday, November 3, 2005, 3 – 6 

p.m., New Bedford Whaling Museum, 

Auditorium, 18 Johnny Cake Hill, New 

Bedford, MA; 

2. Saturday, December 10, 2005, 6:30 

– 9:30 p.m., Manchester Grand Hyatt, 

Elizabeth A Room, One Market Place, 

San Diego, CA; and 

3. Thursday, January 19, 2006, 1 – 4 

p.m., Silver Spring Metro Center, 

Building 4, Science Center, 1301 EastWest Highway, Silver Spring, MD. 

Comments will be accepted at these 

meetings as well as during the scoping 

period, and can be mailed to NMFS by 

January 31, 2006 (see FOR FURTHER

INFORMATION CONTACT). 

We will consider all comments 

received during the comment period. 

All hardcopy submissions must be 

unbound, on paper no larger than 81⁄2 by 

11 inches (216 by 279 mm), and suitable 

for copying and electronic scanning. We 

request that you include in your 

comments: 

(1) Your name and address; 

(2) Whether or not you would like to 

receive a copy of the Draft EIS; and 

(3) Any background documents to 

support your comments as you feel 

necessary. 

Special Accommodations 

These meetings are accessible to 

people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Carrie Hubard or Tammy Adams, 301- 

713-2289 (voice) or 301–427–2582 (fax), 

at least 5 days before the scheduled 

meeting date. 

Dated: October 12, 2005. 

Patrick Opay, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 05–20715 Filed 10–14–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 080905A] 

Small Takes of Marine Mammals 

Incidental to Specified Activities; LowEnergy Seismic Survey on the 

Louisville Ridge, Southwest Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of receipt of application 

and proposed incidental take 

authorization; request for comments. 

SUMMARY: NMFS has received an 

application from the Scripps Institution 

of Oceanography, (Scripps), a part of the 

University of California, for an 

Incidental Harassment Authorization 

(IHA) to take small numbers of marine 

mammals, by harassment, incidental to 

conducting an oceanographic survey in 

the southwestern Pacific Ocean (SWPO). 

Under the Marine Mammal Protection 

Act (MMPA), NMFS is requesting 

comments on its proposal to issue an 

authorization to Scripps to incidentally 

take, by harassment, small numbers of 

several species of cetaceans for a limited 

period of time during January and 

February, 2005. 

DATES: Comments and information must 

be received no later than November 16, 

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, or by telephoning the 

contact listed here. The mailbox address 

for providing email comments is 

PR1.080905A @noaa.gov. Comments 

sent via e-mail, including all 

attachments, must not exceed a 10– 

megabyte file size. A copy of the 

application (containing a list of the 

references used in this document) and 

an Environmental Assessment (EA) may 

be obtained by writing to this address or 

by telephoning the contact listed here 

and are also available at: http:// 

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

SmalllTake/ 

smalltakelinfo.htm#applications. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Hollingshead, Office of 

Protected Resources, NMFS, (301) 713– 

2289, ext 128. 

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 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. 

An authorization may be granted if 

NMFS finds that the taking will have a 

negligible impact on the species or 

stock(s) and 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 

takings 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.’’ 

Section 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 

with respect to certain activities 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 June 29, 2005, NMFS received an 

application from Scripps for the taking, 

by harassment, of several species of 

marine mammals incidental to 

conducting a low-energy marine seismic