24818 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 

All injured or dead marine mammals 

(regardless of cause) will be reported to 

NMFS as soon as practicable. The report 

should include species or description of 

animal, condition of animal, location, 

time first found, observed behaviors (if 

alive) and photo or video, if available. 

Endangered Species Act (ESA) 

Under Section 7 of the ESA, NSF has 

begun consultation with the NMFS, 

Office of Protected Resources, 

Endangered Species Division on this 

proposed seismic survey. NMFS will 

also consult on the issuance of an IHA 

under section 101(a)(5)(D) of the MMPA 

for this activity. Consultation will be 

concluded prior to a determination on 

the issuance of the IHA. 

National Environmental Policy Act 

(NEPA) 

NSF prepared a draft Environmental 

Assessment titled ‘‘Marine Seismic 

Survey in the Northeast Pacific, July 

2009.’’ NSF’s draft EA incorporates an 

‘‘Environmental Assessment (EA) of a 

Planned Low-Energy Marine Seismic 

Survey by the Scripps Institution of 

Oceanography in the Northeast Pacific 

Ocean, July 2009’’ prepared by LGL 

Limited, Environmental Research 

Associates, on behalf of NSF and SIO. 

NMFS will either adopt NSF’s EA or 

conduct a separate NEPA analysis, as 

necessary, prior to making a 

determination on the issuance of the 

IHA. 

Preliminary Determinations 

NMFS has preliminarily determined 

that the impact of conducting the lowenergy marine seismic survey in the 

Northeast Pacific Ocean may result, at 

worst, in a 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. The provision requiring that 

the activity not have an unmitigable 

impact on the availability of the affected 

species or stock for subsistence uses is 

not implicated for this proposed action. 

For reasons stated previously in this 

document, the negligible impact 

determination is supported by: 

(1) The likelihood that, given 

sufficient ‘‘notice’’ through relatively 

slow ship speed, marine mammals are 

expected to move away from a noise 

source that is annoying prior to its 

becoming potentially injurious; 

(2) The fact that cetaceans would have 

to be closer than 23 m (75 ft) in deep 

water, 35 m (115 ft) in intermediate 

depths, and 150 m (492 ft) in shallow 

water when the GI airgun is in use from 

the vessel to be exposed to levels of 

sound (180 dB) believed to have even a 

minimal chance of causing PTS; 

(3) The fact that pinnipeds would 

have to closer than 8 m (26 ft) in deep 

water, 12 m (39 ft) in intermediate 

depths, and 95 m (312 ft) in shallow 

water when the GI airgun is in use from 

the vessel to be exposed to levels of 

sound (190 dB) believed to have even a 

minimal chance of causing PTS; 

(4) The fact that marine mammals 

would have to be closer than 220 m (ft) 

in deep water, 330 m at intermediate 

depths, and 570 m (ft) in shallow water 

when the GI airgun is in use from the 

vessel to be exposed to levels of sound 

(160 dB) believed to have even a 

minimal chance at causing TTS; and 

(5) The likelihood that marine 

mammal detection ability by trained 

observers is high at that short distance 

from the vessel, enabling the 

implementation of shut-downs to avoid 

injury, serious injury, or mortality. As a 

result, no take by injury or death is 

anticipated, and the potential for 

temporary or permanent hearing 

impairment is very low and will be 

avoided through the incorporation of 

the proposed 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 survey 

activity, the number of potential 

harassment takings is estimated to be 

small, less than one percent of any of 

the estimated population sizes, and has 

been mitigated to the lowest level 

practicable through incorporation of the 

measures mentioned previously in this 

document. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to issue 

an IHA to SIO for conducting a lowenergy marine seismic survey in the 

Northeast Pacific Ocean in July, 2009, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: March 19, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–12149 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP28 

Incidental Taking of Marine Mammals; 

Taking of Marine Mammals Incidental 

to the Explosive Removal of Offshore 

Structures in the Gulf of Mexico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of letters of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that NMFS 

has issued one-year Letters of 

Authorization (LOA) to take marine 

mammals incidental to the explosive 

removal of offshore oil and gas 

structures (EROS) in the Gulf of Mexico. 

DATES: These authorizations are 

effective from June 1, 2009 through May 

31, 2010. 

ADDRESSES: The application and LOAs 

are available for review 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 

20910–3235 or by telephoning the 

contact listed here (see 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: 

Howard Goldstein or Ken Hollingshead, 

Office of Protected Resources, NMFS, 

301–713–2289. 

SUPPLEMENTARY INFORMATION: Section 

101(a)(5)(A) of the MMPA (16 U.S.C. 

1361 et seq.) directs the NMFS 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 by NMFS 

and regulations are issued. Under the 

MMPA, the term ‘‘taking’’ means to 

harass, hunt, capture, or kill or to 

attempt to harass, hunt capture, or kill 

marine mammals. 

Authorization for incidental taking, in 

the form of annual LOAs, may be 

granted by NMFS for periods up to five 

years if NMFS finds, after notification 

Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 24819 

and opportunity for public comment, 

that the taking will have a negligible 

impact on the species or stock(s) of 

marine mammals, and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). In 

addition, NMFS must prescribe 

regulations that include permissible 

methods of taking and other means 

effecting the least practicable adverse 

impact on the species and its habitat 

(i.e., mitigation), and on the availability 

of the species for subsistence uses, 

paying particular attention to rookeries, 

mating rounds, and areas of similar 

significance. The regulations also must 

include requirements pertaining to the 

monitoring and reporting of such taking. 

Regulations governing the taking 

incidental to EROS were published on 

June 19, 2008 (73 FR 34889), and remain 

in effect through July 19, 2013. For 

detailed information on this action, 

please refer to that Federal Register 

notice. The species that applicants may 

take in small numbers during EROS 

activities are bottlenose dolphins 

(Tursiops truncatus), Atlantic spotted 

dolphins (Stenella frontalis), 

pantropical spotted dolphins (Stenella 

attenuata), Clymene dolphins (Stenella 

clymene), striped dolphins (Stenella 

coeruleoalba), spinner dolphins 

(Stenella longirostris), rough-toothed 

dolphins (Steno bredanensis), Risso’s 

dolphins (Grampus griseus), melonheaded whales (Peponocephala electra), 

short-finned pilot whales (Globicephala 

macrorhynchus), and sperm whales 

(Physeter macrocephalus). 

Pursuant to these regulations, NMFS 

has issued an LOA to Ridgelake Energy, 

Inc., Fairways Offshore Exploration, 

Inc., El Paso Exploration & Production 

Company, L.P. Issuance of the LOAs is 

based on a finding made in the 

preamble to the final rule that the total 

taking by these activities (with 

monitoring, mitigation, and reporting 

measures) will result in no more than a 

negligible impact on the affected species 

or stock(s) of marine mammals and will 

not have an unmitigable adverse impact 

on subsistence uses. NMFS also finds 

that the applicant will meet the 

requirements contained in the 

implementing regulations and LOA, 

including monitoring, mitigation, and 

reporting requirements. 

Dated: March 19, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–12153 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XP32 

South Atlantic Fishery Management 

Council; Public Meetings; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of correction to a public 

meeting notice. 

SUMMARY: Update to the South Atlantic 

Fishery Management Council’s 

(Council) meeting of its Scientific and 

Statistical Committee (SSC). See 

SUPPLEMENTARY INFORMATION for 

additional details. 

DATES: The meeting will be held June 7– 

12, 2009. See SUPPLEMENTARY

INFORMATION for specific dates and 

times. (Note that these are the dates for 

the SAFMC meeting. The SSC meeting 

dates are listed below in the 

SUPPLEMENTARY INFORMATION.) 

ADDRESSES: The Council meeting will be 

held at the Hutchinson Island Marriott, 

555 NE Ocean Boulevard, Stuart, FL 

34996; telephone: (800) 775–5936 or 

(772) 225–3700; fax: (772) 225–0003. 

Copies of documents are available from 

Kim Iverson, Public Information Officer, 

South Atlantic Fishery Management 

Council, 4055 Faber Place Drive, Suite 

201, North Charleston, SC 29405. 

FOR FURTHER INFORMATION CONTACT: Kim 

Iverson, Public Information Officer; 

telephone: (843) 571–4366 or toll free at 

(866) SAFMC–10; fax: (843) 769–4520; 

email: kim.iverson@safmc.net. 

SUPPLEMENTARY INFORMATION: The 

original notice published in the Federal 

Register on May 18, 2008, 74 FR 23173. 

The following addition has been added 

to the agenda of the Scientific and 

Statistical Committee meeting. Except 

for the addition, all other previouslypublished information remains 

unchanged. 

1. Scientific and Statistical Committee: 

June 7, 2009, 1:30 p.m. until 5 p.m.; 

June 8, 2009, 8:30 a.m. until 5 p.m.; and 

June 9, 2009, 8:30 a.m. until 5 p.m. 

In addition to agenda items noted in 

a previous Notice, the SSC will also 

review an Independent Report on Red 

Snapper in the Southeast Data, 

Assessment, and Review (SEDAR) 15 

stock assessment. 

Documents regarding these issues are 

available from the Council office (see 

ADDRESSES). 

Although non-emergency issues not 

contained in this agenda may come 

before this Council for discussion, those 

issues may not be the subjects of formal 

final Council action during this meeting. 

Council action will be restricted to those 

issues specifically listed in this notice 

and any issues arising after publication 

of this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address the 

emergency. 

Except for advertised (scheduled) 

public hearings and public comment, 

the times and sequence specified on this 

agenda are subject to change. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to the Council office 

(see ADDRESSES) by June 4, 2009. 

Dated: May 19, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–12035 Filed 5–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Emerging Technology and Research 

Advisory Committee; Notice of Open 

Meeting 

The Emerging Technology and 

Research Advisory Committee (ETRAC) 

will meet on June 11, 2009, 8:30 a.m., 

Room 3884, and on June 12, 2009, 8:30 

a.m., Room 3884, at the Herbert C. 

Hoover Building, 14th Street between 

Pennsylvania and Constitution 

Avenues, NW., Washington, DC. The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration on emerging technology 

and research activities, including those 

related to deemed exports. 

Thursday, June 11 

Public Session 

1. Welcome and Introduction. 

2. Export Controls. 

3. Deemed Exports Data Set. 

4. Deemed Export Control 

Methodology Model Options. 

5. Review Status. 

Friday, June 12 

Public Session 

1. Deemed Export Control 

Methodology Model Options. 

The meeting will be accessible via 

teleconference to 20 participants on a