Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 69955 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Availability of Seats for the Olympic 

Coast National Marine Sanctuary 

Advisory Council 

AGENCY: National Marine Sanctuary 

Program (NMSP), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration, 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The Olympic Coast National 

Marine Sanctuary (OCNMS or 

Sanctuary) is seeking applicants for the 

following vacant seats on its Sanctuary 

Advisory Council (Council): 

Conservation/Environmental, Marine 

Business/Ports/Industry, and Research. 

Applicants are chosen based upon their 

particular expertise and experience in 

relation to the seat for which they are 

applying; community and professional 

affiliations; philosophy regarding the 

protection and management of marine 

resources; and possibly the length of 

residence in the area affected by the 

Sanctuary. Applicants who are chosen 

as members or alternates should expect 

to serve 3-year terms, pursuant to the 

Council’s Charter. 

DATES: Applications are due by 

December 9, 2005. 

ADDRESSES: Application kits may be 

obtained from Andrew Palmer, 

Advisory Council Coordinator, 115 East 

Railroad Ave., Suite 301, Port Angeles, 

WA 98362. Completed applications 

should be sent to the same address. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Palmer, Advisory Council 

Coordinator, 115 East Railroad Ave., 

Suite 301, Port Angeles, WA 98362, 

(360) 457–6622 extension 15, e-mail 

andrew.palmer@noaa.gov. 

SUPPLEMENTARY INFORMATION: Sanctuary 

Advisory Council members and 

alternatives serve three-year terms. The 

Advisory Council meets bi-monthly in 

public sessions in communities in and 

around the Olympic Coast National 

Marine Sanctuary. 

The Olympic Coast National Marine 

Sanctuary Advisory Council was 

established in December 1998 to assure 

continued public participation in the 

management of the sanctuary. Serving 

in a volunteer capacity, the advisory 

council’s 15 voting members represent a 

variety of local user groups, as well as 

the general public. In addition, five 

Federal government agencies and one 

federally funded program serve as nonvoting, ex officio members. Since its 

establishment, the advisory council has 

played a vital role in advising the 

sanctuary and NOAA on critical issues. 

In addition to providing advice on 

management issues facing the 

Sanctuary, the Council members serve 

as a communication bridge between 

constituents and the Sanctuary staff. 

Authority: 16 U.S.C. Sections 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Dated: November 10, 2005. 

Daniel J. Basta, 

Director, National Marine Sanctuary Program, 

National Ocean Service, National Oceanic 

and Atmospheric Administration. 

[FR Doc. 05–22860 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 052405C] 

Small Takes 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; issuance of incidental 

harassment authorization. 

SUMMARY: In accordance with the 

provisions of the Marine Mammal 

Protection Act (MMPA) as amended, 

notification is hereby given that NMFS 

has issued an Incidental Harassment 

Authorization (IHA) to Bay Marina 

Management Incorporated (BMMI) to 

take marine mammals by Level B 

harassment incidental to dredging on 

the west side of the Pier 39 Marina on 

the San Francisco waterfront, CA. 

DATES: Effective from October 17, 2005, 

through October 16, 2006. 

ADDRESSES: A copy of the IHA and the 

application are available by writing 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. A copy of the 

application containing a list of 

references used in this document may 

be obtained by writing to this address, 

by telephoning the contact listed here 

(see FOR FURTHER INFORMATION CONTACT) 

or online at: http://www.nmfs.noaa.gov/ 

prot_res/PR2/Small_Take/ 

smalltake_info.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, Office of Protected Resources, 

NMFS, (301) 713–2289, ext 166. 

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 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 either regulations are 

issued or, if the taking is limited to 

harassment, notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

may be granted if NMFS finds that the 

taking will have no more than 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 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 authorization for the 

incidental harassment of small numbers 

of marine mammals. Within 45 days of