Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 30055 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 14394. 

FOR FURTHER INFORMATION CONTACT: 

Malcolm Mohead or Kate Swails, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of 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 parts 222–226). 

Dr. Douglas Peterson is seeking a fiveyear scientific research permit to 

conduct a study in the Altamaha River, 

Georgia, assessing the distribution, 

abundance and movements of adult and 

sub-adult of shortnose sturgeon. The 

permit would authorize non-lethal 

sampling methods on up to 500 

shortnose sturgeon annually, but not to 

exceed 1,500 over the life of the permit. 

Research activities would include gill 

netting, measuring (length, weight, 

photos), genetic/fin-ray tissue sampling, 

PIT and sonic tagging, anesthesia, 

laparoscopy, and gastric lavage. To 

document spawning in the river, up to 

20 eggs or larvae would be lethally 

collected with artificial substrates 

annually. Additionally, one incidence of 

unintentional mortality or serious injury 

is proposed over the life of the permit. 

Dated: June 18, 2009 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–14879 Filed 6–23–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XP64 

Taking and Importing Marine 

Mammals; Taking Marine Mammals 

Incidental to Coastal Commercial 

Fireworks Displays at Monterey Bay 

National Marine Sanctuary, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of issuance of a letter of 

authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) and implementing regulations, 

notification is hereby given that a oneyear Letter of Authorization (LOA) has 

been issued to the Monterey Bay 

National Marine Sanctuary (MBNMS) to 

incidentally take, by Level B harassment 

only, California sea lions (Zalophus 

californianus) and Pacific harbor seals 

(Phoca vitulina) incidental to 

professional fireworks displays within 

the MBNMS. 

DATES: This authorization is effective 

from July 4, 2009, through July 3, 2010. 

ADDRESSES: The LOA and supporting 

documentation are available for review 

in the Permits, Conservation, and 

Education Division, Office of Protected 

Resources, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910, by 

contacting one of the individuals listed 

here (FOR FURTHER INFORMATION

CONTACT), or online at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address and at the Southwest Region, 

NMFS, 501 West Ocean Boulevard, 

Suite 4200, Long Beach, CA 90802. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS, (301) 713–2289, or 

Monica DeAngelis, Southwest Regional 

Office, NMFS, (562) 980–4023. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(A) of the MMPA (16 

U.S.C. 1361 et seq.) directs the Secretary 

of Commerce (Secretary) upon request, 

to allow, during periods of not more 

than five consecutive years each, the 

incidental, but not intentional, taking 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 

regulations are issued. 

The Secretary shall grant the 

authorization for incidental taking if 

NMFS finds, after notice and 

opportunity for public comment, that 

the total of such taking during each fiveyear (or less) period concerned, 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 subsistence uses, 

and if the permissible methods of taking 

and requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. 

NMFS has defined ‘‘negligible 

impact’’ in 50 Code of Federal 

Regulations 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.’’ 

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 

and on the availability of the species for 

subsistence uses, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. The 

regulations must include requirements 

for monitoring and reporting of such 

taking. 

Regulations governing the taking of 

California sea lions and Pacific harbor 

seals, by Level B harassment, incidental 

to commercial fireworks displays within 

the Monterey Bay National Marine 

Sanctuary (MBNMS) became effective 

on July 4, 2006, and remain in effect 

until July 3, 2011. For detailed 

information on this action, please refer 

to the original Federal Register notice 

(71 FR 40928, July 19, 2006). These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental taking of marine 

mammals during the fireworks displays 

within the Sanctuary boundaries. This 

will be the third LOA issued pursuant 

to these regulations. 

Summary of Request 

On February 11, 2008, NMFS received 

a request for a LOA pursuant to the 

aforementioned regulations that would 

authorize, for a period not to exceed 1 

year, take of marine mammals 

incidental to fireworks displays at the 

MBNMS. Justification for conducting 

fireworks displays within the MBNMS 

can be found in the proposed rule (71 

FR 25544, May 1, 2006) and the in final 

rule (71 FR 40928, July 19, 2006). 

Summary of Activity and Monitoring 

Under the Current LOA 

In compliance with the 2008 LOA, the 

MBNMS submitted an annual report on 

the fireworks displays at MBNMS. A 

summary of that report follows. 

For each display, observers conducted 

pre-event surveys to document 

abundance and distribution of local 

marine mammal populations within the 

fireworks areas. Following the fireworks 

display, observers conducted post-event 

monitoring to record the presence of 

injured or dead marine mammals, and 

other wildlife. 

Pre-event monitoring of the Cambria 

Independence Day Fireworks on July 3 

found no marine mammals present at 

the site and a post-event census on July 

30056 Federal Register / Vol. 74, No. 120 / Wednesday, June 24, 2009 / Notices 

5 found no injured or dead marine 

mammals. 

An observer from the Moss Landing 

Marine Laboratory conducted a preevent survey on July 3 for the City of 

Monterey’s Independence Day 

Fireworks and enumerated 394 

California sea lions, two sea otters 

(Enhydra lutris), and 10 harbor seals. 

Post-event monitoring on July 5 

revealed no injured or dead marine 

mammals. 

Observers monitored the Pillar Point 

Harbor area for the Half Moon Bay 

Independence Day Fireworks on July 3 

and recorded two harbor seals. Postevent monitoring on July 5 revealed no 

injured or dead marine mammals. 

The Pacific Grove Feast of Lanterns 

Fireworks display consisted of 

enumerating all marine mammals 

within 400 meters of the fireworks 

launch site (survey area). On July 25, 

observers reported the presence of two 

sea otters within the survey area and 

more than 200 harbor seals outside of 

the survey area. A post-event 

monitoring survey found no injured or 

dead animals. 

Finally, pre-event monitoring of the 

Monte Foundation Fireworks Display on 

October 10 found two harbor seals and 

one to two dozen California sea lions 

500 yards offshore the Seacliff Beach 

area. On October 12, the observers 

reported that there were no injured or 

dead marine mammals. 

In summary, the total number of 

potentially harassed California sea lions 

(406) and harbor seals (14) for all 

fireworks displays, was well below the 

authorized limits as stated in the final 

rule (71 FR 40928, July 19, 2006). 

No dead or injured marine mammals 

were reported for any of the events. 

Hence, these monitoring results support 

NMFS’ initial findings that fireworks 

display will result in no more than 

Level B behavioral harassment of small 

numbers of California sea lions and 

harbor seals and that the effects will be 

limited to short term behavioral 

changes, including temporary 

abandonment of haul-out areas to avoid 

the sights and sounds of commercial 

fireworks. 

Authorization 

NMFS has issued an LOA to MBNMS 

authorizing the Level B harassment of 

marine mammals incidental to the 

coastal commercial fireworks display 

within the Sanctuary. Issuance of this 

LOA is based on the results of the 

MBNMS 2008 monitoring report which 

verify that the total number of 

potentially harassed sea lions and 

harbor seals was well below the 

authorized limits as stated in the final 

rule (71 FR 40928, July 19, 2006). Based 

on these findings and the information 

discussed in the preamble to the final 

rule, the activities described under this 

LOA will have a negligible impact on 

marine mammal stocks and will not 

have an unmitigable adverse impact on 

the availability of the affected marine 

mammal stock for subsistence uses. No 

mortality or injury of affected species is 

anticipated. 

Dated: June, 19, 2009 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–14878 Filed 6–23–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Intent To Prepare an Environmental 

Impact Statement on an Application for 

a Department of the Army Permit 

Under Section 404 of the Clean Water 

Act by The Sabine Mining Company for 

the Construction, Operation, and 

Reclamation of the South Hallsville No. 

1 Lignite Mine—Rusk Permit Area, 

Rusk, Panola, and Harrison Counties, 

TX 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers, Fort Worth District (USACE) 

has received an application for a 

Department of the Army permit under 

Section 404 of the Clean Water Act 

(CWA) from The Sabine Mining 

Company (SMC) to construct, operate, 

and reclaim the South Hallsville No. 1 

Lignite Mine—Rusk Permit Area. In 

accordance with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.), the 

USACE has determined that issuance of 

such a permit may have a significant 

impact on the quality of the human 

environment and, therefore, requires the 

preparation of an Environmental Impact 

Statement (EIS). 

The USACE intends to prepare an EIS 

to assess the environmental, social, and 

economic effects of issuance of a 

Department of the Army permit under 

Section 404 of the CWA for discharges 

of dredged and fill material into waters 

of the United States (U.S.) associated 

with the construction of the proposed 

surface lignite mine. In the EIS, the 

USACE will assess potential impacts 

associated with a range of alternatives. 

DATES: A public scoping meeting will be 

held on Tuesday, July 7, 2009, from 5 

p.m. to 8 p.m. The purpose of this 

meeting is to disseminate information 

about the proposed project and its 

potential effects to the human 

environment, and to seek public 

comments on the scope of the proposed 

project. 

ADDRESSES: The public scoping meeting 

will be held at the Tatum Middle 

School, 410 North Hill, Tatum, Texas. 

FOR FURTHER INFORMATION CONTACT: For 

further information and/or questions 

about the proposed action and EIS, 

please contact Ms. Jennifer R. Walker, 

Regulatory Permits Section Chief, by 

letter at Regulatory Branch, CESWF– 

PER–R, U.S. Army Corps of Engineers, 

P.O. Box 17300, Fort Worth, TX 76102– 

0300 or by telephone at (817) 886–1863. 

SUPPLEMENTARY INFORMATION: 

1. Description of the Proposed Project: 

The proposed South Hallsville No. 1 

Lignite Mine—Rusk Permit Area would 

be located approximately 1 mile north 

of the City of Tatum, Rusk County, 

Texas. The approximately 20,377-acre 

mine site would recover approximately 

130 million tons of lignite during the 

30-year life of the mine, for sole use at 

the existing H.W. Pirkey Power Plant, 

which is owned and operated by 

American Electric Power (AEP). Overall, 

the proposed project would result in 

adverse impacts to approximately 300 

acres of waters of the U.S., including 

approximately 186 acres of wetlands, 65 

acres of ponds, and approximately 

349,320 linear feet of streams, including 

a navigable reach of the Sabine River. 

Adverse impacts would occur in 

conjunction with the removal and 

stockpiling of overburden and 

interburden in an effort to recover 

approximately 90% of the in-place 

tonnage. As part of this project, several 

public roads, approximately 400 gas 

wells, and approximately 350 miles of 

pipeline would require modification. 

Other potential adverse effects 

associated with this project would 

include loss of forested floodplain and 

upland habitats, impacts to 

archeological sites, relocation of 

residential dwellings and one cemetery, 

and cumulative effects associated with 

the operation of four surface lignite 

mines within an approximately 20-mile 

radius. 

2. Alternatives: Alternatives available 

to the USACE are to: (1) Issue the 

Department of the Army permit; (2) 

issue the Department of the Army 

permit with special conditions; or (3) 

deny the Department of the Army 

permit. Alternatives available to SMC 

include: (1) Construct, operate, and