Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 46591 

• Mail to Sustainable Fisheries 

Division, Northeast Regional Office, 

NMFS, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope ‘‘Scoping Comments on 

Supplemental NOI for Amendment 11;’’

or 

• Fax to 978–281–9135. Mark the fax 

‘‘Scoping Comments on Supplemental 

NOI for Amendment 11.’’

Copies of supporting documents used 

by the Council are available from: 

Daniel Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115, Federal Building, 

300 South New Street, Dover, DE 

19904–6790, telephone 302–674–2331. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Furlong, Executive Director, 

Mid-Atlantic Fishery Management 

Council, Room 2115, Federal Building, 

300 South New Street, Dover, DE 

19904–6790, telephone 302–674–2331. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 4, 2005 (70 FR 10605), the 

Council published an NOI to prepare a 

SEIS to consider the impacts of 

alternatives for limiting access to the 

mackerel fishery. The Council 

subsequently conducted scoping 

meetings on the development of a 

limited access program, which the 

Council originally planned to include in 

Amendment 9 to the MSB FMP 

(Amendment 9). However, due to 

unforeseen delays in the development of 

Amendment 9, the Council notified the 

public on December 19, 2005 (70 FR 

75114), that the mackerel limited access 

program would be considered in 

Amendment 11. The Council 

subsequently notified the public on 

February 27, 2007 (72 FR 8693), that it 

would begin the development of 

Amendment 11 and the associated SEIS 

simultaneously with the development of 

Amendment 10 to the MSB FMP. 

Additional Issues Under Consideration 

During the course of the development 

of Amendment 11, the Council has 

identified three additional issues that 

may be considered in this amendment, 

in addition to mackerel limited entry. 

The first issue is implementation of 

ACLs and accountability measures AMs 

for mackerel and butterfish. The MSRA 

requires that fishery management plans 

contain a mechanism for specifying 

ACLs such that overfishing does not 

occur in the fishery, including measures 

to ensure accountability (AMs). 

Examples of AMs include in-season 

closures or pay-back provisions in cases 

of overages. The second issue is an 

update of the description and 

identification of EFH for all life stages 

of mackerel, Loligo, Illex, and butterfish 

(including gear impacts on Loligo squid 

egg EFH). NMFS guidance requires that 

EFH assessments should be updated 

every 5 years. The MSB EFH assessment 

has not been generally updated since it 

was completed in 1999, though gear 

impact analyses were completed for 

Amendment 9 to the MSB FMP (73 FR 

37382, July 1, 2008). Additionally, EFH 

for Loligo eggs was designated in 

Amendment 9, therefore, a gear impact 

analysis for Loligo egg EFH will also be 

included in Amendment 11. The third 

issue is possible limitations on at-sea 

processing of mackerel that may be 

considered to limit overcapitalization of 

the mackerel fishery; the Council may 

consider a cap on the amount of at-sea 

processing or a limitation on at-sea 

processor vessel size. 

Request for Comments 

The public will have the opportunity 

to comment on the measures and 

alternatives being considered by the 

Council for Amendment 11 through 

public meetings and public comment 

periods required by the National 

Environmental Policy Act, the MSRA, 

and the Administrative Procedure Act. 

To date, the location and/or timing of 

these meetings and comment periods 

has yet to be finalized, but appropriate 

notice of them will be published in the 

Federal Register. 

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

Dated: August 6, 2008. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18489 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ53 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permit 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of a proposal to 

conduct exempted fishing; request for 

comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), has made a 

preliminary determination that the 

subject exempted fishing permit (EFP) 

application submitted by the Gulf of 

Maine Research Institute (GMRI), which 

would exempt Atlantic sea scallop 

(scallop) vessels from small dredge 

program gear restrictions, should be 

issued for public comment. The 

Assistant Regional Administrator has 

also made a preliminary determination 

that the activities authorized under the 

EFP would be consistent with the goals 

and objectives of the Atlantic Sea 

Scallop Fishery Management Plan 

(FMP). However, further review and 

consultation may be necessary before a 

final determination is made. 

DATES: Comments on GMRI’s EFP 

application must be received on or 

before August 26, 2008. 

ADDRESSES: Comments may be 

submitted by e-mail. The mailbox 

address for providing e-mail comments 

is scallop.efp@noaa.gov. Include in the 

subject line of the e-mail comment the 

following document identifier: 

‘‘Comments on small dredge EFP.’’

Written comments should be sent to 

Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, 1 Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope, ‘‘Comments on small 

dredge EFP.’’ Comments may also be 

sent via facsimile (fax) to (978) 281–

9135. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Silva, Cooperative Research 

Liaison, phone: 978–281–9326, fax: 

978–281–9135. 

SUPPLEMENTARY INFORMATION: In 

response to the 2008 Atlantic Sea 

Scallop RSA Program request for 

proposals, NOAA’s National Marine 

Fisheries Service received a proposal 

from GMRI entitled, ‘‘An assessment of 

hanging ratio and mesh orientation of 

twine-tops on selectivity and bycatch in 

the general category scallop dredge 

fishery in scallop limited access areas.’’

The grant approved by NOAA Grants on 

July 26, 2008, as NOAA Award No. 

NA08NMF4540667. GMRI proposes to 

determine if changes to the dredge 

twine-top configuration would affect the 

selectivity of a 10.5–ft general category 

scallop dredge. 

Under this award, GMRI was awarded 

70,565 lb of scallops from the Elephant 

Trunk Access Area (ETAA) and 33 daysat-sea (DAS), with the proceeds from 

sold scallops compensating 

participating vessel owners and 

defraying research costs. Small dredge 

program restrictions at 50 CFR 648.51(e) 

require a vessel enrolled in the small 

dredge program to fish with one dredge 


rmajette on PRODPC74 with NOTICES
46592 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

no more than 10.5 ft in width. GMRI 

would like to contract a vessel enrolled 

in the small dredge program to harvest 

their set-aside scallop allocation. GMRI 

requests this vessel be authorized to fish 

two dredges (max combined width of 31 

ft) to harvest the set-aside scallops, 

thereby requiring exemption from the 

small dredge program dredge size 

restrictions. GMRI claims that this 

exemption would allow the vessel to 

harvest the set-aside scallops more 

efficiently, thus reducing vessel 

operating expenses and increasing the 

portion of proceeds supporting the 

research project. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act require publication of 

this notification to provide interested 

parties the opportunity to comment on 

applications for proposed EFPs. The 

applicant may place requests for minor 

modifications and extensions to the EFP 

throughout the year. EFP modifications 

and extensions may be granted without 

further notice if they are deemed 

essential to facilitate completion of the 

proposed research and minimal so as 

not to change the scope or impact of the 

initially approved EFP request. 

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

Dated: August 4, 2008. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E8–18406 Filed 8–8–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB13 

Small Takes of Marine Mammals 

Incidental to Specified Activities; Naval 

Explosive Ordnance Disposal School 

Training Operations at Eglin Air Force 

Base, Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application 

and proposed authorization for 

incidental harassment of marine 

mammals; request for comments and 

information. 

SUMMARY: NMFS has received a request 

from Eglin Air Force Base (EAFB) for 

the take of marine mammals, by Level 

B harassment, incidental to Naval 

Explosive Ordnance Disposal School 

(NEODS) Training Operations at EAFB, 

Florida. Under the Marine Mammal 

Protection Act (MMPA), NMFS is 

requesting comments on its proposal to 

issue an incidental harassment 

authorization (IHA) to the Air Force to 

take, by Level B harassment, two species 

of cetaceans at EAFB beginning in 

October 2008. NMFS is also requesting 

comments on its intent to promulgate 

regulations in 2009 governing the take 

of marine mammals over a 5–year 

period incidental to the activities 

described herein. NMFS issued an IHA 

for these activities in 2005, 2006, and 

2007. No activities have occurred to 

date. 

DATES: Comments and information must 

be received no later than September 10, 

2008. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, 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 PR1.0648–

XB13@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. A copy of the application containing 

a list of the references used in this 

document may be obtained by writing to 

the address specified above, telephoning 

the contact listed below (see FOR

FURTHER INFORMATION CONTACT), or 

visiting the internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Howard Goldstein and Jaclyn Daly, 

Office of Protected Resources, NMFS, 

(301) 713–2289. 

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) if certain findings 

are made and 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 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 

certain subsistence uses, and if the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, 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 of marine mammals by 

harassment. With respect to military 

readiness activities, the MMPA defines 

‘‘harassment’’ as: 

(i) any act that injures or has the significant 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level A 

Harassment]; or (ii) any act that disturbs or 

is likely to disturb a marine mammal or 

marine mammal stock in the wild by causing 

disruption of natural behavioral patterns, 

including, but not limited to, migration, 

surfacing, nursing, breeding, feeding, or 

sheltering, to a point where such behavioral 

patterns are abandoned or significantly 

altered [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 May 13, 2008, NMFS received an 

application from EAFB requesting an 

IHA for the harassment of Atlantic 

bottlenose dolphins (Tursiops 

truncatus) and Atlantic spotted 

dolphins (Stenella frontalis) incidental 

to NEODS training operations and 

testing at Eglin Gulf Test and Training 

Range (EGTTR) at EAFB, Florida, in the 

northern Gulf of Mexico (GOM). NMFS 

issued an IHA for the same activity in 

2005 (70 FR 51341, August 30, 2005), 

2006 (71 FR 60693, October 16, 2006), 

and 2007 (72 FR 58290, October 15, 

2007). Each of up to six missions per 

year would include up to 5 live 

detonations (up to 30 charges per year) 

of approximately 5–lb (2.3–kg) net 

explosive weight charges to occur in 

approximately 60–ft (18.3–m) deep 

water from one to three nm (1.9 to 5.6 

km) off shore. Because this activity will 


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