29988 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 

of the potential for underestimating 

mortality and serious injury. First, PBR 

is based upon conservative estimates of 

abundance and Rmax and has a 

recovery factor of 0.1. Second, the PBR 

approach was thoroughly tested in 

simulation trials and found to be robust 

to over-estimates of Rmax, 

underestimates of mortality, and low 

precision of abundance and mortality 

estimates. Finally, the annual rate of 

increase of the stock observed in Hawaii 

is reported in the SAR to be 7 percent. 

Accordingly, in spite of all factors, 

human-caused (including commercial 

fisheries) and natural, that may be 

affecting humpback whales in the North 

Pacific Ocean, this stock is increasing 

rapidly. For these reasons, NMFS 

maintains that the negligible impact 

determination is based upon reasonable 

precaution. (Also, see Comment 4 and 

the associated response.) 

Comment 9: HSUS stated that NMFS 

wrongly claims that the obligations to 

develop and implement a TRP are 

subject to the availability of funding. 

Rather, the MMPA requires NMFS to 

develop and implement a TRP for each 

strategic stock of marine mammals that 

interacts with fisheries that have 

frequent (Category I) or occasional 

(Category II) incidental mortality and 

serious injury of marine mammals. 

Further, MMPA section 101(a)(5)(E) 

clearly requires that a TRP regardless of 

what priority NMFS assigns its 

development must be in existence 

before incidental take may be 

authorized. If NMFS cannot develop or, 

at least initiate development of, a TRP 

because it lacks funding, it cannot 

authorize incidental take. It would be a 

simple matter for NMFS to convene a 

working group of the existing Take 

Reduction Team (TRT) for false killer 

whales, which includes the Hawaiibased longline fisheries, to recommend 

measures to reduce likelihood of 

interactions with humpbacks. 

Response: The CNP stock of 

humpback whales is strategic. The 

Hawaii-based longline fisheries are 

Category I (deep-set fishery) and 

Category II (shallow-set fishery). 

Moreover, the List of Fisheries for 2009 

and 2010 noted that CNP stock of 

humpback whales was the marine 

mammal species or stock for which the 

shallow-set fishery had occasional 

mortality and serious injury. 

However, NMFS’ analysis of the 

MMPA requirements and the available 

information does not support 

developing a TRP for humpback whales. 

The CNP stock of humpback whales is 

strategic because humpback whales 

were listed as an endangered species 

under the ESA due to the effects of 

commercial whaling that ceased before 

the MMPA was passed. Current humancaused mortality of CNP humpback 

whales is negligible, particularly 

mortality and serious injury resulting 

from longline fishing. 

MMPA 118(f)(2) provides that the goal 

of a TRP for a strategic stock is reduce 

within 6 months of implementation the 

serious injury and mortality in the 

course of commercial fishing operations 

to levels less than PBR. The long-term 

goal of the plan is to reduce, within 5 

years of its implementation, the 

incidental mortality and serious injury 

in the course of commercial fishing 

operations to insignificant levels 

approaching a zero mortality and 

serious injury rate. Not only does the 

best available information indicate that 

neither the deep-set nor shallow-set 

longline fishery incidentally kills or 

seriously injures humpback whales at 

levels that would require a TRP to be 

developed and implemented. The 2009 

SAR for the CNP stock of humpback 

whales, which became available after 

the 2010 LOF was prepared, shows that 

there is no mortality and serious injury 

of humpback whales incidental to the 

deep-set longline fishery, and the PBR 

for the stock is 20.4. Information 

discussed in the notice of the proposed 

permit and negligible impact 

determination shows that mortality and 

serious injury of CNP humpback whales 

incidental to the shallow-set longline 

fishery (0.2 whales per year) is less than 

1 percent of the PBR of the stock. 

Also, MMPA section 118(f) provides 

that if there is insufficient funding 

available to develop and implement a 

take reduction plan for stocks that 

interact with commercial Category I and 

II fisheries, the Secretary shall give 

highest priority to the development of 

TRP’s for species or stocks whose level 

of incidental mortality and serious 

injury exceeds PBR, those that have 

small population size, and those that are 

declining most rapidly. NMFS has 

evaluated availability of TRT funding 

for the humpback whale under the 

statutory criteria and determined that 

there is insufficient funding available 

for a TRT. Accordingly NMFS 

concludes that MMPA section 118 does 

not require a TRP to address mortality 

and serious injury of CNP humpback 

whales incidental to either the deep-set 

or shallow-set longline fishery at this 

time. 

A TRP for CNP humpback whales is 

a low priority, and MMPA section 118 

does not require a TRP in this case. 

However, NMFS considered, as HSUS 

suggested, including humpback whales 

within the scope of the TRP being 

developed for false killer whales. NMFS 

is aware that interactions between 

odontocetes, including false killer 

whales, and these Hawaii-based 

longline fisheries appear related to 

depredation of bait or catch in the 

fisheries. Humpback whale 

entanglement is more likely due to 

accidental encounters with fishing gear 

than depredation. Accordingly, NMFS 

concluded that including humpback 

whales within the scope of the TRP 

would likely detract from the focus of 

the TRP, which is to reduce mortality 

and serious injury of false killer whales 

incidental to the deep-set longline 

fishery. 

Dated: May 24, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–12916 Filed 5–27–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

Civil Nuclear Trade Advisory 

Committee Public Meeting 

AGENCY: International Trade 

Administration, DOC. 

ACTION: Notice of Federal Advisory 

Committee Meeting. 

SUMMARY: This notice sets forth the 

schedule and proposed agenda of the 

next meeting of the Civil Nuclear Trade 

Advisory Committee (CINTAC). The 

members will discuss issues outlined in 

the following agenda. 

DATES: The meeting is scheduled for: 

Tuesday, June 15, 2010, from 1 p.m. to 

4 p.m. Eastern Daylight Time (EDT). 

ADDRESSES: The meeting will be held at 

the U.S. Department of Commerce, 

Herbert Clark Hoover Building, 1401 

Constitution Ave, NW., Washington, DC 

20230. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah Lopp, Office of Energy & 

Environmental Industries, International 

Trade Administration, Room 4053, 1401 

Constitution Ave, NW., Washington, DC 

20230. (Phone: 202–482–3851; Fax: 

202–482–5665; e-mail: 

Sarah.Lopp@trade.gov). 

SUPPLEMENTARY INFORMATION: 

Background: The CINTAC was 

established under the discretionary 

authority of the Secretary of Commerce 

and in accordance with the Federal 

Advisory Committee Act (5 U.S.C. 

App.), in response to an identified need 

for consensus advice from U.S. industry 

to the U.S. Government regarding the 

development and administration of 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Notices 29989 

programs to expand United States 

exports of civil nuclear goods and 

services in accordance with applicable 

United States regulations, including 

advice on how U.S. civil nuclear goods 

and services export policies, programs, 

and activities will affect the U.S. civil 

nuclear industry’s competitiveness and 

ability to participate in the international 

market. 

Topics to be considered: The agenda 

for the June 15, 2010, CINTAC meeting 

is as follows: 

1. Welcome and introduction of 

members attending for the first time. 

2. Discussion of civil nuclear trade 

priority issues. 

3. Discussion of subcommittee work 

progress on domestic competitiveness, 

technologies, treaties and regulations, 

advocacy, and talent and education. 

Public Participation: The meeting will 

be open to the public and the room is 

disabled-accessible. Public seating is 

limited and available on a first-come, 

first-served basis. Members of the public 

wishing to attend the meeting must 

notify Ms. Sarah Lopp at the contact 

information above by 5 p.m. EDT on 

Friday, June 11, 2010, in order to preregister for clearance into the building. 

Please specify any requests for 

reasonable accommodation at least five 

business days in advance of the 

meeting. Last minute requests will be 

accepted, but may be impossible to fill. 

A limited amount of time will be 

available for pertinent brief oral 

comments from members of the public 

attending the meeting. To accommodate 

as many speakers as possible, the time 

for public comments will be limited to 

two (2) minutes per person, with a total 

public comment period of 30 minutes. 

Individuals wishing to reserve speaking 

time during the meeting must contact 

Ms. Lopp and submit a brief statement 

of the general nature of the comments 

and the name and address of the 

proposed participant by 5 p.m. EDT on 

Friday, June 11, 2010. If the number of 

registrants requesting to make 

statements is greater than can be 

reasonably accommodated during the 

meeting, the International Trade 

Administration (ITA) may conduct a 

lottery to determine the speakers. 

Speakers are requested to bring at least 

20 copies of their oral comments for 

distribution to the participants and 

public at the meeting. 

Any member of the public may 

submit pertinent written comments 

concerning the CINTAC’s affairs at any 

time before and after the meeting. 

Comments may be submitted to the 

Civil Nuclear Trade Advisory 

Committee, Office of Energy and 

Environmental Industries, Room 4053, 

1401 Constitution Ave NW., 

Washington, DC 20230. To be 

considered during the meeting, 

comments must be received no later 

than 5 p.m. EDT on Friday, June 11, 

2010, to ensure transmission to the 

Committee prior to the meeting. 

Comments received after that date will 

be distributed to the members but may 

not be considered at the meeting. 

Copies of CINTAC meeting minutes 

will be available within 90 days of the 

meeting. 

Thomas Sobotta, 

Deputy Assistant Secretary for 

Manufacturing, Acting. 

[FR Doc. 2010–12814 Filed 5–27–10; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW66 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) VMS/ 

Enforcement Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Monday, June 21, 2010 at 9:30 a.m. 

ADDRESSES: The meeting will be held at 

the Eastland Park Hotel, 157 High 

Street, Portland, ME 04101; telephone: 

(207) 775–5411; fax: (207) 775–1066. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee’s agenda 

are as follows: 

1. Enforcement of sectors; how to 

improve dockside monitoring; one 

landing per calendar day vs. 24 hours; 

discuss including two state enforcement 

people on the committee; marking of 

fixed fishing gear regulations and also 

discuss possibly reviewing and 

eliminating unnecessary or duplicative 

regulations. 

2. Other business. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Paul 

J. Howard (see ADDRESSES) at least 5 

days prior to the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: May 25, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–12935 Filed 5–27–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XW65 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Groundfish Committee will meet to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). 

DATES: The meeting will be held on 

Wednesday, June 16, 2010 at 9 a.m. 

ADDRESSES: The meeting will be held at 

the Holiday Inn, 31 Hampshire Street, 

Mansfield, MA 02048; telephone: (508) 

339–2200; fax: (508) 339–1040. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee(s agenda 

are as follows: 


jlentini on DSKJ8SOYB1PROD with NOTICES