53272 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

(Megaptera novaeangliae), and gray 

(Eschrichtius robustus) whales. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

September 30, 2010. 

ADDRESSES: The application and related 

documents are available for review by 

selecting ‘‘Records Open for Public 

Comment’’ from the Features box on the 

Applications and Permits for Protected 

Species (APPS) home page, https:// 

apps.nmfs.noaa.gov, and then selecting 

File No. 15271 from the list of available 

applications. 

These documents are also available 

upon written request or by appointment 

in the following offices: 

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)713–0376; 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018; and 

Northwest Region, NMFS, 7600 Sand 

Point Way NE, BIN C15700, Bldg. 1, 

Seattle, WA 98115–0700; phone 

(206)526–6150; fax (206)526–6426. 

Written comments on this application 

should be submitted to the Chief, 

Permits, Conservation and Education 

Division, at the address listed above. 

Comments may also be submitted by 

facsimile to (301)713–0376, or by email 

to NMFS.Pr1Comments@noaa.gov. 

Please include the File No. in the 

subject line of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits, Conservation and 

Education Division at the address listed 

above. The request should set forth the 

specific reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Kristy Beard or Amy Hapeman, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226). 

The applicant requests a five-year 

permit to conduct research on large 

whale species off California, Oregon, 

and Washington; the primary research 

area would be off the Southern 

California Bight, San Luis Obispo, 

Monterey Bay, and San Francisco. The 

purposes of the research are to: (1) relate 

distribution and abundance of marine 

mammals with environmental factors; 

(2) determine diet and foraging 

behaviors as marine mammals exploit 

prey resources; (3) determine types of 

acoustic behavior of marine mammals 

(primarily cetaceans) and how acoustic 

signals are affected by anthropogenic 

factors; and (4) determine the 

movements of individuals or pods 

during migrations or within their home 

range. Each year, 50 blue whales would 

be approached for photo-identification 

(photo-ID) and biopsy, of which 30 

would be suction-cup tagged, 10 would 

be dart-tagged, and 10 would be tagged 

with small implantable tags; 30 fin 

whales would be approached for photoID and biopsy, of which 10 would be 

suction-cup tagged, 5 would be darttagged, and 5 would be tagged with 

small implantable tags; 200 humpback 

whales would be approached for photoID and biopsy, of which 30 would be 

suction-cup tagged, 10 would be darttagged, and 10 would be tagged with 

small implantable tags; 100 gray whales 

would be approached for photo-ID and 

biopsy, of which 40 would be suctioncup tagged, 10 would be dart-tagged, 

and 10 would be tagged with small 

implantable tags. Tagged individuals 

would be observed and photographed 

(e.g., daily for the first week and every 

week or so for the next two months). Up 

to 200 California sea lions (Zalophus 

californianus), 20 harbor seals (Phoca 

vitulina richardii), 50 Pacific whitesided dolphins (Lagenorhynchus 

obliquidens), 20 Northern right whale 

dolphins (Lissodelphis borealis), 10 

harbor porpoise (Phocoena phocoena) 

and 20 short-beaked common dolphins 

(Delphinus delphis) would be harassed 

incidental to research activities. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

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

environmental assessment (EA) has 

been prepared to examine whether 

significant environmental impacts could 

result from issuance of the proposed 

scientific research permit. The draft EA 

is available for review and comment 

simultaneous with the scientific 

research permit application. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: August 25, 2010. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–21715 Filed 8–30–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY36 

Endangered and Threatened Species; 

Initiation of 5–Year Review of the 

Eastern Distinct Population Segment 

of the Steller Sea Lion 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; reopening of comment 

period. 

SUMMARY: NMFS published a notice in 

the Federal Register on June 29, 2010, 

announcing the initiation of a 5–year 

review of the eastern Distinct 

Population Segment (DPS) of the Steller 

Sea Lion (Eumetopias jubatus) under 

the Endangered Species Act of 1973, as 

amended (ESA) and requesting 

information related to that review. A 

notice correcting the email address and 

fax number to which comments and 

information should be sent was 

published July 7, 2010. Written 

comments were due by August 30, 2010. 

NMFS has decided to reopen the public 

comment period for an additional 45 

days, to October 14, 2010. 

DATES: The public comment period for 

this action has been reopened for an 

additional 45 days, to October 14, 2010. 

Written comments and information 

must be received no later than October 

14, 2010. 

ADDRESSES: You may submit 

information by any of the following 

methods: 

• Mail: Kaja Brix, National Marine 

Fisheries Service, Alaska Region, 

Protected Resources Division, P.O. Box 

21668, 709 West 9th Street, Juneau, AK 

99802. 

• E-mail: ssldps@noaa.gov. Include 

the following identifier in the subject 

line of the e-mail: ‘‘Comments on the 5– 

year review for the eastern DPS of 

Steller sea lion.’’ 

• Fax: (907) 586–7557, attention: Kaja 

Brix. 

Information received in response to 

this notice and review will be available 

for public inspection (by appointment, 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53273 

during normal business hours) at the 

above address. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Lisa Rotterman (907) 271–1692, 

lisa.rotterman@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS published a notice in the 

Federal Register on June 29, 2010, 

announcing the initiation of a 5–year 

review of the eastern Distinct 

Population Segment (DPS) of the Steller 

Sea Lion (Eumetopias jubatus) under 

the Endangered Species Act of 1973, as 

amended (ESA) and requesting 

information related to that review (75 

FR 37385). A notice correcting the email 

address and fax number to which 

comments and information should be 

sent was published July 7, 2010 (75 FR 

38979). Written comments were due by 

August 30, 2010. NMFS has decided to 

reopen the public comment period for 

an additional 45 days, to October 14, 

2010. 

Authority: 16 U.S.C. 1531 et seq. 

Dated: August 25, 2010. 

Therese Conant, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2010–21708 Filed 8–30–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XY53 

Federal Aquatic Nuisance Species 

Research Risk Analysis Protocol 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce 

ACTION: Notice of availability of draft 

revised research protocol; request for 

comments. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) 

announces the availability of the draft 

revised Federal Aquatic Nuisance 

Species Research Risk Analysis Protocol 

(Protocol), developed by the Research 

Protocol Committee, a committee of the 

Aquatic Nuisance Species Task Force 

(ANSTF). The Protocol is available for 

public review and comment. 

DATES: Comments must be received 

within 45 days after August 31, 2010. 

ADDRESSES: Electronic copies of the 

draft revised Protocol are available on 

the ANSTF website, http:// 

anstaskforce.gov/documents.php. To 

obtain a hard copy of the draft revised 

Protocol or to submit comments, see 

Document Availability and Public 

Comment, respectively, under 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Margaret M. (Peg) Brady, NOAA Policy 

Liaison to the Aquatic Nuisance Species 

Task Force. 1315 East West Highway, 

SSMC 3, Rm. 15531 Silver Spring, MD 

20910 Phone: 301–713–0174; Email: 

Peg.Brady@noaa.gov 

SUPPLEMENTARY INFORMATION: 

Introduction 

The Aquatic Nuisance Species Task 

Force (ANSTF) is an intergovernmental 

organization dedicated to preventing 

and controlling aquatic nuisance 

species, and implementing the 

Nonindigenous Aquatic Nuisance 

Prevention and Control Act. The 

National Oceanic and Atmospheric 

Administration and U. S. Fish and 

Wildlife Service serve as co-chairs of the 

ANSTF. The ANSTF developed a 

research protocol as is required by the 

Nonindigenous Aquatic Nuisance 

Prevention and Control Act of 1990 

(NANPCA, Public Law 101–646, 104 

STAT. 4671, 16 U.S.C. 4701–4741), as 

amended by the National Invasive 

Species Act, 1996. Section 1202(f)(2) of 

NANPCA directs the ANSTF to 

establish a protocol ‘‘to ensure that 

research activities carried out under 

[NANPCA] do not result in the 

introduction of aquatic nuisance species 

to waters of the United States.’’ 

Responsibility for actual use of this 

Protocol is specified in section (f)(3) of 

the NANPCA: ‘‘The Task Force shall 

allocate funds authorized under this Act 

for competitive research grants to study 

all aspects of aquatic nuisance species, 

which shall be administered through the 

National Sea Grant College Program and 

the Cooperative Fishery and Wildlife 

Research Units. Grants shall be 

conditioned to ensure that any recipient 

of funds follows the protocol 

established under paragraph (2) of this 

subsection.’’ 

Throughout this document both the 

descriptors ‘‘nonindigenous’’ and/or 

‘‘nuisance’’ are used when referring to 

aquatic species that are the target of this 

risk analysis. Language used in the 

NANPCA differentiates between a 

nonindigenous species and a nuisance 

species, with a ‘‘nonindigenous’’ label 

being solely based on the historic range 

of the species, while a ‘‘nuisance’’ 

designation is based on a species being 

both nonindigenous and potentially 

harmful (‘‘threatens the diversity or 

abundance of native species or the 

ecological stability of infested waters, or 

commercial, agricultural, aquacultural 

or recreational activities dependent on 

such waters’’). The ANSTF Research 

Committee adopted a precautionary 

approach by targeting this risk analysis 

to all aquatic nonindigenous species 

research, regardless of the ‘‘nuisance’’ 

designation. The intent of the 

procedures outlined herein is to 

minimize to the extent practicable the 

risk of release and spread of aquatic 

nonindigenous species into areas they 

do not yet inhabit, since any 

nonindigenous species may become a 

nuisance species. Not only is it often not 

possible to be sure that a species won’t 

become a nuisance (as defined) in the 

future, the possession and/or release of 

nonindigenous species may be illegal 

under various Federal, State, or local 

laws, which may or may not 

differentiate between nonindigenous 

and nuisance species. 

Background 

When finalized, this document (‘‘the 

Protocol’’) would replace the previously 

established ‘‘Protocol for Evaluating 

Research Proposals Concerning Aquatic 

Nonindigenous Species,’’ adopted in 

draft form in 1992 and finalized and 

published by the ANSTF in July 1994. 

The 1994 protocol applies only to 

research involving aquatic 

nonindigenous species (ANS) and is 

designed to reduce the risk that research 

activities may cause introduction or 

spread of such aquatic species. Other 

potential means of introduction, such as 

bait movement, aquaria disposal, ballast 

water discharge, movement of 

recreational boats, movement of fishing 

gear, and horticultural sales, are not 

addressed in the 1994 protocol. 

In 2008 the ANSTF requested the 

Research Committee (a Committee of the 

ANSTF) to evaluate and recommend 

revisions to the 1994 protocol, as 

needed. According to the Society for 

Risk Analysis (SRA, http:// 

www.sra.org), the elements or 

components of a risk analysis include 

risk assessment, risk characterization, 

risk communication, risk management, 

and policy relating to risk. This revised 

Protocol incorporates three of those 

elements it requires a risk assessment 

(Part I) and then, if needed, 

establishment and implementation of a 

risk management plan (Part II), with the 

combined results communicated to the 

funding agency as part of the proposal 

and funding process. Therefore, this 

revised Protocol is renamed ‘‘Federal 

Aquatic Nuisance Species Research Risk 

Analysis Protocol.’’ The draft was 

approved by the ANSTF on November 


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