49648 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

marbled murrelet (Brachyramphus 

marmoratus) and Oregon Coast coho 

salmon (Oncorhynchus kisutch). As a 

result, ODF prepared a new, 50–year 

Plan, based on the revised FMP that 

would address incidental take of all 

these listed species, as well as 15 

unlisted species (covered species). This 

new Plan forms the basis of ODF’s 

current Permit applications, and is the 

proposed action in the Services’ DEIS. 

The Permit application ODF 

submitted to the FWS addresses the 

potential take of northern spotted owl 

and marbled murrelet, which are listed 

as threatened under the ESA. Unlisted 

species under FWS’s jurisdiction 

included in ODF’s application, and 

which would receive incidental take 

allowance should they be listed during 

the term of the Plan, are the bald eagle 

(Haliaeetus leucocephalus), northern 

goshawk (Accipiter gentilis), olive-sided 

flycatcher (Contopus borealis), western 

bluebird (Sialia mexicana), coastal 

cutthroat trout (Oncorhynchus clarki 

clarki), Pacific lamprey (Lampetra 

tridentatus), river lamprey (Lampetra 

ayresi), brook lamprey (Lampetra 

richardsoni), fisher (Martes pennanti), 

southern torrent salamander 

(Rhyacotriton variegates), red-legged 

frog (Rana aurora), and coastal tailed 

frog (Ascaphus truei). The fisher is 

currently a candidate for listing under 

the ESA. 

The Permit application ODF 

submitted to the NMFS addresses the 

potential take of Oregon Coast coho 

salmon (Oncorhynchus kisutch), which 

is listed as threatened under the ESA. 

Unlisted species under NMFS’s 

jurisdiction included in ODF’s 

application, and which would receive 

incidental take allowance should they 

be listed during the term of the Plan, are 

Chinook salmon (Oncorhynchus 

tshawytscha), chum salmon 

(Oncorhynchus keta), and steelhead 

trout (Oncorhynchus mykiss). 

Activities that ODF is proposing for 

Permit coverage include: 

1. Mechanized timber harvest; 

2. Forest product transportation; 

3. Road and landing construction, use, 

maintenance, and abandonment; 

4. Site preparation and tree planting 

(excluding use of herbicides); 

5. Site Fertilization; 

6. Silvicultural practices; 

7. Fire suppression; 

8. Aquatic habitat restoration; 

9. Rock pit development; and 

10. Other management activities, 

including vertebrate control and 

harvesting of minor forest products, and 

11. Research and monitoring. 

The Services formally initiated an 

environmental review of the project 

through publication of a Notice of Intent 

to prepare an Environmental Impact 

Statement in the Federal Register on 

May 9, 2005 (70 FR 24450). That notice 

also announced a public scoping period 

during which interested parties were 

invited to provide written comments 

expressing their issues or concerns 

relating to the proposal, and to attend 

public scoping meetings held in 

Roseburg, North Bend, and Salem, 

Oregon. 

Based on public scoping comments, 

the Services prepared a DEIS to analyze 

the effects of alternatives on the human 

environment. Alternative 2 in the DEIS 

is described as implementation of ODF’s 

Plan, FWS issuance of a Permit for 

northern spotted owl, marbled murrelet, 

and other unlisted species, and NMFS 

issuance of a Permit for Oregon Coast 

coho salmon, and other unlisted 

species, should they become listed 

during the term of the Plan. Two other 

alternatives are analyzed in the DEIS: 

Alternative 1, No-Action, under which 

ODF would continue operating under 

the existing FMP and incidental take 

permit for northern spotted owls only; 

and, Alternative 3, Increased Stream 

Buffers and Intensive Forestry, under 

which ODF would manage 

approximately one-half of the action 

area on a short rotation (40–50 years), 

and the remainder of the lands would be 

designated conservation areas around 

core areas and riparian buffer areas. 

Note that at the time the Notice of 

Intent was published for this project (70 

FR 24450), Oregon Coast coho salmon 

was proposed for ESA listing as a 

threatened species. The Notice of Intent 

indicated that ODF was expected to 

submit a Permit application to NMFS 

for incidental take of Oregon Coast coho 

salmon, and three unlisted fish species 

under NMFS’ jurisdiction, should they 

become listed in the future. NMFS has 

since determined that the Oregon Coast 

coho salmon does warrant listing as a 

threatened species (73 FR 7816). 

This notice is provided pursuant to 

ESA and the National Environmental 

Policy Act of 1969, as amended. The 

Services will evaluate the applications, 

associated documents, and comments 

submitted thereon to determine whether 

the applications meet the requirements 

of the ESA and National Environmental 

Policy Act. The Services are particularly 

interested in comments pertaining to the 

application requirements under 50 CFR 

17.22(b)(1). These include whether the 

Plan: provides complete descriptions of 

the activities under which the 

incidental taking of covered species is 

likely to occur; describes the impacts to 

covered species individuals that will 

likely result from the incidental taking; 

outlines the steps ODF will take to 

monitor, minimize, and mitigate such 

impacts for each covered species and 

the available funding to implement such 

steps over the term of the Permits; and, 

describes alternative actions to such 

taking and the reasons why such 

alternatives are not proposed to be 

utilized. As part of evaluating whether 

the permit issuance criteria are met, the 

Services specifically seek comment on 

whether the minimization and 

mitigation measures are being 

undertaken to the maximum extent 

practicable. In addition, the FWS is 

seeking comment on the assumptions 

regarding how suitable habitat is being 

defined for all the covered species, as 

well as assumptions about the 

development of those species habitat 

over time. 

The Services will revise the DEIS in 

a Final Environmental Impact Statement 

(FEIS). The Services decision of whether 

to issue Permits will be made upon 

completion of the FEIS and the 

associated Record of Decision. 

Dated: June 26, 2008. 

David Patte, 

Acting Regional Director, Fish and Wildlife 

Service, Region 1, Portland, Oregon. 

Dated: August 13, 2008. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E8–19575 Filed 8–21–08; 8:45 am] 

BILLING CODES 4310–55–S, 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ77 

Marine Mammals; File No. 774–1847–03 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendment. 

SUMMARY: Notice is hereby given that 

NMFS Southwest Fisheries Science 

Center, Antarctic Marine Living 

Resources Program (Rennie Holt, Ph.D., 

Principal Investigator), 8604 La Jolla 

Shores Drive, La Jolla, CA 92037 has 

been issued an amendment to Scientific 

Research Permit No. 774–1847–02. 

ADDRESSES: The amendment and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49649 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails or Tammy Adams, (301)713–

2289. 

SUPPLEMENTARY INFORMATION: On June 2, 

2008 notice was published in the 

Federal Register (73 FR 31436) that an 

amendment of Permit No. 774–1847–02 

had been requested by the above-named 

organization. The requested amendment 

has been granted under the authority of 

the Marine Mammal Protection Act of 

1972, as amended (16 U.S.C. 1361 et 

seq.), and the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216). 

Permit No. 774–1847–02, issued 

October 11, 2007 (72 FR 57914), 

authorizes the permit holder to continue 

a long-term ecosystem monitoring 

program of pinniped species in the 

South Shetland Islands, Antarctica. The 

permit holder is authorized to take up 

to 710 Antarctic fur seals (Arctophalus 

gazell) and 20 leopard seals (Hydrurga 

leptonyx) annually. The animals are 

captured, measured, weighed, tagged, 

blood sampled, and have time-depth 

recorders, VHF transmitters, and 

platform terminal transmitters attached. 

A subset of fur seals are given an enema, 

have a tooth extracted, milk sampled, 

and are part of a doubly-labeled water 

study on energetics. A subset of leopard 

seals are blubber and muscle sampled. 

Annual research-related mortality of up 

to eight Antarctic fur seals (3 adults and 

5 pups) and two leopard seals is also 

authorized. 

The amendment authorizes the permit 

holder to collect tissue samples from 

and bleach mark 50 leopard seals. 

Additional capture is not required to 

collect these samples. The amendment 

also authorizes the researchers to begin 

a southern elephant seal (Mirounga 

leonina) study. Up to 180 southern 

elephant seals would be captured, 

measured, and tagged annually. A 

subset would have blood and vibrissae 

collected, muscle/blubber biopsied, and 

satellite tags attached. The permit 

amendment authorizes up to four 

research-related mortalities (two adults 

and two juveniles) of southern elephant 

seals. The amendment is valid until 

September 30, 2011. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Dated: August 14, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–19577 Filed 8–21–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ68 

Incidental Takes of Marine Mammals 

Incidental to Specified Activities; 

Harbor Activities Related to the Delta 

IV/Evolved Expendable Launch Vehicle 

at Vandenberg Air Force Base, CA 

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 United Launch 

Alliance (ULA) to take small numbers of 

marine mammals, by Level B 

harassment only, incidental to harbor 

activities related to the Delta IV/Evolved 

Expendable Launch Vehicle (EELV) at 

south Vandenberg Air Force Base, CA 

(VAFB). 

DATES: This authorization is effective 

from August 20, 2008 through August 

19, 2009. 

ADDRESSES: A copy of the IHA and the 

application are available by writing to P. 

Michael Payne, 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 may be obtained by writing 

to this address, by telephoning the 

contact listed here (FOR FURTHER

INFORMATION CONTACT) or online 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: 

Jeannine Cody or Candace Nachman, 

(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 small numbers of 

marine mammals by United States 

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 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.’’

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 

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 authorizations for the 

incidental harassment of small numbers 

of marine mammals. Within 45 days of 

the close of the comment period, NMFS 

must either issue or deny the 

authorization. 

Summary of Request 

On February 18, 2008, NMFS received 

an application from ULA requesting an 


jlentini on PROD1PC65 with NOTICES