51290 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

Conclusions 

Based on the USFWS’ application, as 

well as the analysis contained herein, 

NMFS has determined that the taking 

will have a negligible impact on the 

affected marine mammal species or 

stocks. The impact of the described nonnative rat extermination at Rat Island 

will result, at most, in a temporary 

modification in behavior of small 

numbers of Steller sea lions and Pacific 

harbor seals, in the form of head alerts, 

movement away from personnel, 

watercraft and aircraft, and/or flushing 

from the beach. In addition, no take by 

injury or death is anticipated, and take 

by harassment will be at the lowest level 

practicable due to incorporation of the 

monitoring and mitigation measures 

mentioned previously in this document. 

NMFS has further also determined that 

the anticipated takes not have an 

unmitigable impact on the availability 

of affected species or stocks for 

subsistence use. 

Authorization 

NMFS has issued an IHA to the 

USFWS for the harassment of Steller sea 

lions and Pacific harbor seals incidental 

to non-native rat population eradication 

operations, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: August 26, 2008. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. E8–20276 Filed 8–29–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Federal Consistency Appeal by 

Foothill/Eastern Transportation 

Corridor Agency 

AGENCY: National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (Commerce). 

ACTION: Notice of public hearing. 

SUMMARY: This announcement provides 

notice of a public hearing to be held by 

the National Oceanic and Atmospheric 

Administration (NOAA) in California. 

The hearing involves an administrative 

appeal filed with the Department of 

Commerce by the Foothill/Eastern 

Transportation Corridor Agency (TCA). 

DATE AND LOCATION: NOAA will conduct 

the public hearing on September 22, 

2008, from 10:30 a.m. to 8:30 p.m., in 

O’Brien Hall at the Del Mar Fairgrounds, 

2260 Jimmy Durante Boulevard, Del 

Mar, CA 92014. 

ADDRESSES: Materials from the appeal 

record will be available at the NOAA 

Office of General Counsel for Ocean 

Services, 1305 East-West Highway, 

Room 6111, Silver Spring, MD 20910 

and on the following Web site: http:// 

www.ogc.doc.gov/czma.htm. 

Comments: This notice reopens the 

comment period for public and Federal 

agency comments. The public comment 

period will remain open until October 2, 

2008. Comments on issues relevant to 

the Secretary’s decision of this appeal 

may be sent by mail to Thomas Street, 

Attorney-Advisor, NOAA Office of 

General Counsel for Ocean Services, 

1305 East-West Highway, Room 6111, 

Silver Spring, MD 20910. Comments 

may also be sent via e-mail to 

gcos.comments@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Street, Attorney-Advisor, 

NOAA Office of the General Counsel, 

301–713–2967, gcos.inquiries@noaa.gov 

or Stephanie Campbell, AttorneyAdvisor, NOAA Office of the General 

Counsel, 301–713–2967, 

gcos.inquiries@noaa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 15, 2008, TCA filed notice of 

an appeal with the Secretary of 

Commerce (Secretary), pursuant to the 

Coastal Zone Management Act of 1972 

(CZMA), 16 U.S.C. 1451 et seq., and 

implementing regulations found at 15 

CFR part 930, subpart H. TCA appealed 

an objection by the California Coastal 

Commission (Commission) to TCA’s 

proposed construction of an extension 

to California State Route 241 in northern 

San Diego and southern Orange 

Counties, California. 

Under the CZMA, the Secretary may 

override the Commission’s objection if 

he determines that the project is 

consistent with the objectives or 

purposes of the CZMA or is otherwise 

necessary in the interest of national 

security. To make the determination 

that the proposed activity is ‘‘consistent 

with the objectives or purposes’’ of the 

CZMA, the Secretary must find that: (1) 

The proposed activity furthers the 

national interest as articulated in 

sections 302 or 303 of the CZMA, in a 

significant or substantial manner; (2) the 

adverse effects of the proposed activity 

do not outweigh its contribution to the 

national interest, when those effects are 

considered separately or cumulatively; 

and (3) no reasonable alternative is 

available that would permit the activity 

to be conducted in a manner consistent 

with enforceable policies of the state’s 

coastal management program. 15 CFR 

930.121. 

On March 17, 2008, NOAA published 

a notice in the Federal Register 

announcing, among other things, that a 

public hearing might be held concerning 

this appeal. The hearing will be held. 

This notice provides scheduling and 

procedural information about the 

hearing. Because NOAA anticipates a 

large number of attendees at the public 

hearing, NOAA has established the 

following rules to ensure an orderly and 

efficient process and to maximize the 

public input and viewpoints that are 

received during time allotted. 

Members of the public, elected 

officials, and individuals representing 

organizations or tribes may give oral 

testimony at the hearing. Anyone 

wishing to provide oral testimony at the 

hearing must submit a written request 

via United States mail or commercial 

carrier (Federal Express/UPS/Airborne 

Express or similar means) to NOAA no 

later than September 12, 2008. No 

requests received after close-of-business 

on September 12, 2008, or requests 

submitted via e-mail, facsimile, or 

voicemail will be considered. The 

written request should be sent to: 

Thomas Street, Attorney Advisor, 

NOAA Office of General Counsel for 

Ocean Services, 1305 East-West 

Highway, Room 6111, Silver Spring, MD 

20910. Although the submission of a 

written request is a prerequisite to 

providing oral testimony, it is not a 

guarantee that an individual will be 

afforded the opportunity to testify due 

to the hearing’s time constraints. 

A written request must include the 

individual’s full name, address, and a 

statement of whether the testimony will 

be provided on behalf of: (i) An 

individual; (ii) an organization; (iii) an 

elected official; or (iv) a tribe. In his or 

her request to testify, an elected official 

must identify his or her official title and 

public office. An elected official must 

testify in person. A public hearing 

participant who wishes to provide 

testimony on behalf of an organization 

must submit the request on the 

organization’s letterhead, identify his or 

her title within the organization, and 

certify that the individual is authorized 

to provide testimony on behalf of the 

organization. A participant who wishes 

to provide testimony on behalf of a tribe 

must identify the tribe and certify that 

he or she is authorized to provide 

testimony on behalf of the tribe. 

After receipt of written requests to 

provide testimony, NOAA staff will 

separate the requests into four general 

categories: Individuals, elected officials, 

organizations, and tribes. NOAA will 

then create a testimony schedule with 

speakers randomly selected from within 

each of the general categorical 


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Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 51291 

groupings. Priority will be given to 

elected officials (first) and individuals 

representing organizations or tribes 

(second), with the remaining time 

allotted to individuals testifying on their 

own behalf. The testimony schedule 

will be published on the Department of 

Commerce Coastal Zone Management 

Act Web site (http://www.ogc.doc.gov/ 

czma.htm) before the hearing. 

Speakers from the general public will 

receive up to three minutes to present 

oral comments. Elected officials and 

individuals representing organizations 

or tribes will receive up to five minutes 

to speak. In order to accommodate the 

maximum number of speakers, time 

limits will be strictly enforced. If any 

member of the public, elected official, or 

organizational or tribal representative 

misses his or her assigned speaking slot, 

there will be no ability to make it up. 

Speakers will not be permitted to cede 

time to another speaker, and only one 

person may speak on behalf of an 

organization or tribe. 

Written comments on issues relevant 

to the Secretary’s decision in this appeal 

may be submitted to NOAA at the 

hearing by any person in attendance. In 

addition, written comments may be 

submitted by e-mail to 

gcos.comments@noaa.gov or by mail 

addressed to Thomas Street, NOAA 

Office of General Counsel for Ocean 

Services, 1305 East-West Highway, 

Room 6111, Silver Spring, MD 20910. 

Comments must be received by October 

2, 2008. 

NOAA officials administering the 

hearing will not entertain questions, and 

will not be making any substantive 

decisions at the hearing. This hearing is 

being held to obtain information on 

issues the Secretary will likely consider 

in deciding the TCA’s appeal. A 

summary of relevant issues as well as 

additional background on the appeal 

appeared in the Federal Register notice 

of March 17, 2008, announcing the 

appeal, and may be found on the 

Internet at http://www.ogc.doc.gov/ 

czma.htm. This Web site also includes 

additional information on the hearing, 

including conduct and decorum that is 

required, restrictions on the use of 

cameras and recording equipment and 

the display of signs and banners in the 

hearing room, the process by which 

testimony will be transcribed and made 

part of the record, and other rules and 

guidelines. 

Questions concerning the hearing 

should be directed to Thomas Street, 

Attorney-Advisor, NOAA Office of the 

General Counsel, 301–713–2967, or 

Stephanie Campbell, Attorney-Advisor, 

NOAA Office of the General Counsel, 

301–713–2967, or 

gcos.inquiries@noaa.gov. 

Dated: August 26, 2008. 

Joel La Bissonniere, 

Assistant General Counsel for Ocean Services. 

[Federal Domestic Assistance Catalog No. 

11.419 Coastal Zone Management Program 

Assistance.] 

[FR Doc. E8–20283 Filed 8–29–08; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ87 

Advisory Committee to the U.S. 

Section of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT); First Fall 

Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: In preparation for the 2008 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

meeting, the Advisory Committee to the 

U.S. Section to ICCAT is announcing 

the convening of the first of two fall 

meetings. 

DATES: The meeting will be held 

September 15–16, 2008. There will be 

an open session on Monday, September 

15, 2008, beginning from 9 a.m. through 

1 p.m. The remainder of the meeting 

will be closed to the public. There will 

be no opportunity for oral public 

comments during the meeting. Written 

comments on issues being considered at 

the meeting will be made available to 

the Advisory Committee, and must be 

received no later than September 8, 

2008 (see ADDRESSES). 

ADDRESSES: The meeting will be held at 

the Crowne Plaza Hotel, 8777 Georgia 

Avenue, Silver Spring, MD 20910. 

Written comments should be sent to 

Terra Lederhouse at NOAA Fisheries, 

Office of International Affairs, Room 

12641, 1315 East-West Highway, Silver 

Spring, MD 20910. Written comments 

can also be provided via fax (301–713–

2313) or email 

(Terra.Lederhouse@noaa.gov). 

FOR FURTHER INFORMATION CONTACT: 

Terra Lederhouse, Office of 

International Affairs, 301–713–9090. 

SUPPLEMENTARY INFORMATION: The 

Advisory Committee to the U.S. Section 

to ICCAT will meet September 15–16, 

2008, first in an open session to 

consider information on stock status of 

Atlantic highly migratory species, 

particularly bluefin tuna, yellowfin 

tuna, skipjack tuna, and sharks. There 

will be no opportunity for oral public 

comment during the open session. 

Written comments, however, may be 

submitted before the September open 

session by mail, fax or email and should 

be received by September 11, 2008 (see 

ADDRESSES). 

After the open session, the Advisory 

Committee will meet in closed session 

to discuss sensitive information relating 

to upcoming international negotiations 

regarding the management of Atlantic 

highly migratory species. The Advisory 

Committee will also consider fleet 

capacity management and monitoring, 

control and surveillance issues. 

Special Accommodations 

The meeting locations are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Terra Lederhouse 

at (301) 713–9090 by at least 5 days 

prior to the meeting date. 

Dated: August 27, 2008. 

Christopher Rogers, 

Acting Director, Office of International 

Affairs, National Marine Fisheries Service. 

[FR Doc. E8–20278 Filed 8–29–08; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XJ88 

Advisory Committee to the U.S. 

Section of the International 

Commission for the Conservation of 

Atlantic Tunas; Second Fall Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: In preparation for the 2008 

ICCAT meeting, the Advisory 

Committee to the U.S. Section of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

will convene its second and final fall 

meeting in October 2008. 

DATES: The meeting will be held 

October 26–28, 2008. There will be an 

open session the afternoon of Sunday, 

October 26, 2008, from 2 p.m. to 6 p.m. 

The remainder of the meeting will be 

closed to the public. Oral comments can 


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