66070 Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 

one gray whale per day of pile driving. 

Upon further consultation with NMFS 

Southwest Regional Office, NMFS is 

proposing to include harbor porpoise as 

a species potentially taken by pile 

driving, due to the recorded, albeit 

infrequent, sightings of harbor porpoises 

within San Francisco Bay. 

The Exploratorium estimates an 

average of three piles would be driven 

in a single day. Given 69 piles in total, 

pile driving would occur for 

approximately 23 days over the life of 

the project. Therefore, NMFS is 

proposing to authorize annual take, by 

Level B harassment only, of 38 Pacific 

harbor seals, 19 California sea lions 

incidental to the Exploratorium’s pile 

driving activities. Due to the infrequent, 

but potential presence of harbor 

porpoise and gray whales in the area, 

NMFS is also proposing to authorize the 

take of 28 harbor porpoise and five gray 

whales, annually, based on consultation 

with the NMFS Southwest Regional 

Office, NMFS. These numbers are 

conservative and indicate the maximum 

number of animals expected to occur 

within the Level B harassment isopleth 

(1,900 m). Estimated and proposed level 

of take of each species is less than one 

percent of the affected stock population 

and therefore is considered small in 

relation to the population numbers 

previously set forth. The most recent 

harbor seal counts estimate the 

California stock of Pacific harbor seals at 

34,233 individuals and the population 

appears to be stabilizing at what may be 

their carrying capacity. The abundance 

of the U.S. stock of California sea lions 

is estimated to be 238,000 individuals 

and the stock is approaching carrying 

capacity. Any harbor porpoises 

encountered during the Exploratorium 

relocation project would likely be part 

of the San Francisco-Russian River stock 

which has an estimated abundance of 

9,189 animals and has steadily 

increased since 1993 (although the 

increase is not statistically significant). 

Lastly, the most recent 2008 stock 

assessment report estimated the Eastern 

North Pacific gray whale stock to be 

approximately 18,813 individuals with 

an increasing population trend over the 

past several decades. 

Negligible Impact and Small Numbers 

Analysis and Determination 

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.’’ 

NMFS has determined that the impact 

of pile driving within the 

Exploratorium’s action area, as 

described in this notice and the IHA 

application, may result in the temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. Further, this activity is 

expected to result in a negligible impact 

on the affected species or stocks of 

marine mammals. The provision 

requiring that the activity not have an 

unmitigable impact on the availability 

of the affected species or stock of marine 

mammals for subsistence use is not 

implicated for this action. 

For reasons stated previously in this 

document, the specified activities 

associated with relocation of the 

Exploratorium are not likely to cause 

TTS, PTS, or other non-auditory injury, 

serious injury, or death to affected 

marine mammals because of the 

following: 

(1) The fact that sound pressure levels 

from vibratory pile driving in San 

Francisco Bay will not exceed 180 dB 

rms; 

(2) The limited use of an impact 

hammer during pile driving; 

(3) The use of sound attenuation 

devices (e.g., wood block, bubble 

curtain) during all impact hammering; 

(4) The monitoring requirements 

during all impact pile driving and 

during vibratory pile driving two full 

days per week; and 

(5) The incorporation of other 

required mitigation measures (i.e., shutdown, soft-starts). 

As a result, no take by injury, serious 

injury, or death is anticipated or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the required monitoring and mitigation 

measures. 

While the number of marine 

mammals potentially incidentally 

harassed will depend on the 

distribution and abundance of marine 

mammals in the vicinity of the pile 

driving activities, the number of 

potential Level B incidental harassment 

takings is estimated to be small (less 

than one percent) relative to the 

estimated population sizes and has been 

mitigated to the lowest level practicable 

through incorporation of the monitoring 

and mitigation measures previously 

addressed in this document. No known 

foraging sites occur around Piers 15/17 

and the closest pinniped haul out area 

is 3 km away. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

No marine mammal species listed 

under the ESA are anticipated to occur 

within the action area; therefore, ESA 

consultation on issuance of the 

proposed IHA was not required. 

However, other ESA-listed species 

under NMFS’ jurisdiction do occur 

within the action area. On May 28, 

2010, the NMFS Southwest Regional 

Office concluded Section 7 and EFH 

consultation with the U.S. Army Corps 

of Engineers (Corps) on issuance of a 

Corps permit to the Exploratorium. Both 

parties concurred that adequate 

measures are in place to avoid, 

minimize, mitigate, or otherwise offset 

adverse effects to EFH. 

National Environmental Policy Act 

(NEPA) 

On October 15, 2010, NMFS released 

an Environmental Assessment (EA) and 

Finding of No Significant Impact 

(FONSI) for the Exploratorium 

relocation project. NMFS determined 

that issuance of the IHA would not 

significantly impact the quality of the 

human environment and that 

preparation of an Environmental Impact 

Statement was not required. 

Dated: October 14, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–27178 Filed 10–26–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ46 

Magnuson-Stevens Act Provisions; 

General Provisions for Domestic 

Fisheries; Application for Exempted 

Fishing Permit (EFP) 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Notification of a proposal for an 

EFP to conduct experimental fishing; 

request for comments. 

SUMMARY: The Assistant Regional 

Administrator for Sustainable Fisheries, 

Northeast Region, NMFS (Assistant 

Regional Administrator), is soliciting 

public comment on an EFP application 

submitted by Wallace & Associates on 

behalf of Truex Enterprises. The 

proposed EFP would extend a 

previously authorized EFP for an 

additional year to continue testing the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 207 / Wednesday, October 27, 2010 / Notices 66071 

safety and efficacy of harvesting 

surfclams and ocean quahogs from the 

Atlantic surfclam and ocean quahog 

Georges Bank (GB) Closure Area using a 

sampling protocol developed by State 

and Federal regulatory agencies and 

endorsed by the U.S. Food and Drug 

Administration (FDA). 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 Surfclam and 

Ocean Quahog regulations and Fishery 

Management Plan (FMP). However, 

further review and consultation may be 

necessary before a final determination is 

made to issue the EFP. The subject EFP 

would allow one commercial fishing 

vessel to conduct fishing operations that 

are otherwise restricted by the 

regulations governing the fisheries of 

the Northeastern United States. The EFP 

would allow for an exemption from the 

Atlantic surfclam and ocean quahog GB 

Closure Area. Regulations under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

require publication of this notification 

to provide interested parties the 

opportunity to comment on applications 

for proposed EFPs. 

DATES: Comments must be received on 

or before November 12, 2010. 

ADDRESSES: Comments on this notice 

may be submitted by e-mail. The 

mailbox address for providing e-mail 

comments is NERO.EFP@noaa.gov. 

Include in the subject line of the e-mail 

comment the following document 

identifier: ‘‘Comments on 2011 GB PSP 

Closed Area Exemption.’’ Written 

comments should be sent to Patricia A. 

Kurkul, Regional Administrator, NMFS, 

Northeast Regional Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope 

‘‘Comments on 2011 GB PSP Closed 

Area Exemption.’’ Comments may also 

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

9135. 

FOR FURTHER INFORMATION CONTACT: 

Anna Macan, Fishery Management 

Specialist, phone 978–281–9165. Copies 

of supporting documents referenced in 

this notice are available from Anna 

Macan, Fishery Management Specialist, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930, and are available via the Internet 

at http://www.nero.noaa.gov/sfd/clams. 

SUPPLEMENTARY INFORMATION: The 

applicant, Wallace & Associates, of 

Cambridge, MD, requests on behalf of 

Truex Enterprises, a renewal of their 

current EFP, which is due to expire on 

December 31, 2010, to allow the catch 

and retention for sale of Atlantic 

surfclams from within the Atlantic 

surfclam and ocean quahog GB Closure 

Area. The GB Closure Area is located 

east of 69°00′ W. long. and south of 

42°20′ N. lat and has been closed since 

May 25, 1990, due to the presence of a 

toxin (saxotoxins) that cause Paralytic 

Shellfish Poisoning (PSP). Due, in part, 

to the inability to test and monitor this 

area for the presence of PSP, this closure 

was made permanent through 

Amendment 12 to the FMP in 1999. 

The primary goal of the proposed 

study is to test the efficacy of the 

sampling protocol that was developed 

by State and Federal regulatory agencies 

to test for presence of saxotoxins in 

shellfish, and thus has been in a trial 

period through previous EFPs since 

2006. This protocol would facilitate the 

harvest of shellfish from waters 

susceptible to Harmful Algal Blooms, 

which produce the saxotoxins, but that 

are not currently under rigorous water 

quality monitoring programs by either 

State or Federal management agencies. 

A copy of the protocol is available from 

the NMFS Northeast Region Web site: 

http://www.nero.noaa.gov/sfd/clams. 

The proposed project would continue 

to conduct a trial for the sampling 

protocol in an exemption zone within 

the larger 1990 GB Closure Area with 

one fishing vessel. The exemption zone 

would not include any Northeast 

multispecies or essential fish habitat 

year-round closure areas. This proposed 

exempted fishing activity would occur 

during the 2011 calendar year, using 

surfclam quota allocated to Truex 

Enterprises under the Federal 

individual transferable quota program. 

The applicant has estimated a harvest of 

200,000 bushels (1,606,250 L) of 

surfclams from the exemption area. The 

exemption area has been tested in 

cooperation with the FDA from 2006 to 

the present. 

The applicant has obtained 

endorsements for the EFP and the 

sampling protocol from the States of 

Rhode Island, New Jersey, and 

Delaware, the States in which it intends 

to land and process the product 

harvested under the EFP. Each State is 

responsible for regulating the molluscan 

shellfish industry within its jurisdiction 

and ensuring the safety of shellfish 

harvested within or entering its borders. 

The sampling protocol and the pilot 

project that would be authorized by this 

EFP have also since been endorsed by 

the executive board of the Interstate 

Shellfish Sanitation Conference. 

The applicants may request minor 

modifications and extensions to the EFP 

throughout the course of research. EFP 

modifications and extensions may be 

granted without further public notice if 

they are deemed essential to facilitate 

completion of the proposed research 

and result in only a minimal change in 

the scope or impacts of the initially 

approved EFP request. 

In accordance with NOAA 

Administrative Order (NAO) 216–6, a 

Categorical Exclusion or other 

appropriate National Environmental 

Policy Act document would be 

completed prior to the issuance of the 

EFP. Further review and consultation 

may be necessary before a final 

determination is made to issue the EFP. 

After publication of this document in 

the Federal Register, the EFP, if 

approved, may become effective 

following the public comment period. 

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

Dated: October 22, 2010. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–27174 Filed 10–26–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA005 

North Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The North Pacific Fishery 

Management Council’s (NPFMC) Gulf of 

Alaska (GOA) and Bering Sea/Aleutian 

Islands (BS/AI) Groundfish plan teams 

will meet in Seattle, WA. 

DATES: The meetings will be held 

November 15–19, 2010. The meetings 

will begin at 9 a.m. on Monday, 

November 15, and continue through 

Friday November 19. 

ADDRESSES: The meetings will be held at 

the Alaska Fisheries Science Center, 

7600 Sand Point Way NE., Building 4, 

Observer Training Room (GOA Plan 

Team) and Traynor Room (BS/AI Plan 

Team), Seattle, WA. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Ave., Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: Jane 

DiCosimo or Diana Stram, NPFMC; 

telephone: (907) 271–2809. 

SUPPLEMENTARY INFORMATION: The plan 

teams will prepare and review the stock 


srobinson on DSKHWCL6B1PROD with NOTICES