36460 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 

in the collection of horseshoe crabs 

since 1993. The project submitted by 

Limuli Laboratories would provide 

morphological data on horseshoe crab 

catch, would tag caught horseshoe 

crabs, and would use the blood from the 

caught horseshoe crabs to manufacture 

Limulus Amebocyte Lysate (LAL), an 

important health and safety product 

used for the detection of endotoxins. 

The LAL assay is used by medical 

professionals, drug companies, and 

pharmacies to detect endotoxins in 

intravenous pharmaceuticals and 

medical devices that come into contact 

with human blood or spinal fluid. 

Results of 2008 EFP 

No horseshoe crabs were collected 

from the Reserve by the applicant 

during the 2008 season. Thus, no results 

were submitted. The 2007 results were 

published in the Federal Register on 

June 2, 2008 (73 FR 31434) thus are not 

repeated here. Data collected under 

previous EFPs were supplied to NMFS, 

the Commission, and the State of New 

Jersey. 

Proposed 2009 EFP 

Limuli Laboratories proposes to 

conduct an exempted fishery operation 

using the same means, methods, and 

seasons utilized during the EFPs in 

2001–2008. Limuli proposes to continue 

to tag at least 15 percent of the bled 

horseshoe crabs as they did in 2007. 

NMFS would require that the following 

terms and conditions be met for 

issuance of the EFP: 

1. Limiting the number of horseshoe 

crabs collected in the Reserve to no 

more than 500 crabs per day and to a 

total of no more than 10,000 crabs per 

year; 

2. Requiring collections to take place 

over a total of approximately 20 days 

during the months of August, 

September, October, and November. 

Horseshoe crabs are readily available in 

harvestable concentrations nearshore 

earlier in the year, and offshore in the 

Reserve from July through November; 

3. Requiring that a 5 1⁄2 inch (14.0 cm) 

flounder net be used by the vessel to 

collect the horseshoe crabs. This 

condition would allow for continuation 

of traditional harvest gear and adds to 

the consistency in the way horseshoe 

crabs are harvested for data collection; 

4. Limiting trawl tow times to 30 

minutes as a conservation measure to 

protect sea turtles, which are expected 

to be migrating through the area during 

the collection period, and are vulnerable 

to bottom trawling; 

5. Restricting the hours of fishing to 

daylight hours only, approximately from 

7:30 a.m. to 5 p.m. to aid law 

enforcement; 

6. Requiring that the collected 

horseshoe crabs be picked up from the 

fishing vessels at docks in the Cape May 

Area and transported to local 

laboratories, bled for LAL, and released 

alive the following morning into the 

Lower Delaware Bay; and 

7. Requiring that any turtle take be 

reported to NMFS, Northeast Region 

Assistant Regional Administrator of 

Protected Resources Division within 24 

hours of returning from the trip in 

which the incidental take occurred. 

As part of the terms and conditions of 

the EFP, for all horseshoe crabs bled for 

LAL, NMFS would require that the EFP 

holder provide data on sex ratio and 

daily harvest. Also, the EFP holder 

would be required to examine at least 

200 horseshoe crabs for morphometric 

data. Terms and conditions may be 

added or amended prior to the issuance 

of the EFP. 

The proposed EFP would exempt 

three commercial vessels from 

regulations at 50 CFR 697.7(e) and 

697.23(f) which prohibit the harvest and 

possession of horseshoe crabs on a 

vessel with a trawl or dredge gear 

aboard from the Reserve. 

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

Dated: July 17, 2009. 

Kristen C. Koch, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–17540 Filed 7–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ24 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of availability; request 

for comments and notice of public 

meetings. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) announces 

that the Draft Southern California 

Steelhead Recovery Plan (Plan) is 

available for public review and 

comment. The Plan addresses the 

Southern California Steelhead 

(Oncorhynchus mykiss) Distinct 

Population Segment (DPS), which 

spawns in watersheds from the Santa 

Maria River (just north of Point 

Conception) south to the Tijuana River 

at the U.S.-Mexico border. NMFS is 

soliciting review and comment from the 

public and all interested parties on the 

Draft Plan. In addition, public meetings 

will be held on August 25 and 

September 1, 2009, as opportunities for 

providing comments on the Draft Plan. 

DATES: NMFS will consider and address 

all substantive comments received 

during the comment period. Comments 

must be received no later than 5 p.m. 

Pacific daylight time on September 21, 

2009. Public meetings will also be held 

(see Public Meetings below). 

ADDRESSES: Please send written 

comments and materials to Penny 

Ruvelas, National Marine Fisheries 

Service, 501 W. Ocean Blvd, Suite 4200, 

Long Beach, CA 90802. Comments may 

also be submitted by e-mail to: 

SteelheadPlan.swr@noaa.gov. Include in 

the subject line of the e-mail comment 

the following identifier: Comments on 

Southern California Steelhead Plan. 

Comments may be submitted via 

facsimile (fax) to 562–980–4027. 

Persons wishing to review the Plan 

can obtain an electronic copy (i.e., CDROM) from Kimberly Speech by calling 

562–980–4020 or by e-mailing a request 

to kimberly.speech@noaa.gov with the 

subject line ‘‘CD-ROM Request for 

Southern California Steelhead Recovery 

Plan.’’ Electronic copies of the Plan are 

also available on-line on the NMFS 

website http://swr.nmfs.noaa.gov/ 

recovery/SolCal.htm. 

For locations and times of public 

meetings, see Public Meetings below. 

FOR FURTHER INFORMATION CONTACT: 

Mark Capelli, NMFS Southern 

California Steelhead Recovery 

Coordinator at 805–963–6478 x14 or 

Penny Ruvelas, NMFS SWR Protected 

Resources Division at 562–980–4197. 

SUPPLEMENTARY INFORMATION: 

Background 

Recovery plans describe actions 

beneficial to the conservation and 

recovery of species listed under the 

Endangered Species Act of 1973 (ESA), 

as amended (16 U.S.C. 1531 et seq.). The 

ESA requires that recovery plans 

incorporate: (1) objective, measurable 

criteria which, when met, would result 

in a determination that the species is no 

longer threatened or endangered; (2) 

site-specific management actions 

necessary to achieve the plan’s goals; 

and (3) estimates of the time required 

and costs to implement recovery 

actions. The ESA requires the 

development of recovery plans for each 

listed species unless such a plan would 

not promote its recovery. 


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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 36461 

NMFS is responsible for developing 

and implementing ESA recovery plans 

for listed salmon and steelhead. In so 

doing, NMFS’ goal is to restore 

endangered and threatened Pacific 

salmonids to the point that they are 

again self-sustaining members of their 

ecosystems and no longer need the 

protections of the ESA. 

Recovery Plans developed under the 

ESA are guidance documents, not 

regulatory documents. However, the 

ESA envisions Recovery Plans as the 

central organizing tool for guiding the 

recovery of listed species. Recovery 

Plans also guide Federal agencies in 

fulfilling their obligations under section 

7(a) (1) of the ESA, which calls on all 

Federal agencies to ‘‘utilize their 

authorities in furtherance of the 

purposes of this Act by carrying out 

programs for the conservation of 

endangered species and threatened 

species.’’ In addition to outlining 

proactive measures to achieve species 

recovery, Recovery Plans provide a 

context and framework for 

implementing other provisions of the 

ESA with respect to a particular species, 

including consultations on Federal 

agency activities under section 7(a)(2) 

and the development of Habitat 

Conservation Plans in accordance with 

section 10(a)(1)(B). 

This Recovery Plan serves as a 

guideline for achieving recovery criteria 

and goals by describing the criteria by 

which NMFS would measure species 

recovery, the strategy to achieve 

recovery, and the recovery actions 

necessary to achieve viable populations 

of steelhead within the Southern 

California steelhead DPS. 

Recovery Criteria 

Recovery criteria are built upon 

criteria recommended by the NMFS 

Technical Recovery Team (TRT) for the 

identification of viable anadromous O. 

mykiss populations and DPS. A viable 

population is defined as a population 

having a negligible risk (<5%) of 

extinction due to threats from 

demographic variation, non-catastrophic 

environmental variation, and genetic 

diversity changes over a 100-year time 

frame. A viable DPS is comprised of a 

sufficient number of viable populations 

sufficiently dispersed spatially, but well 

connected enough to maintain long-term 

(1,000-year) persistence and 

evolutionary potential (McElhany et al. 

2000). The viability criteria are intended 

to describe characteristics of the species 

and its natural environments necessary 

for both individual populations and the 

DPS as a whole to be viable, i.e., persist 

over a specific period of time, regardless 

of other ongoing anthropogenic effects. 

Recovery of the endangered Southern 

California Coast Steelhead DPS will 

require recovery of a sufficient number 

of viable populations within each of five 

Biogeographic Population Groups 

(BPGs) defined by the TRT. Recovery of 

these individual populations is 

necessary to conserve the natural 

diversity (genetic, phenotypic, and 

behavioral), spatial distribution, and 

abundance of the species, and thus the 

long-term viability of the DPS as a 

whole. Additionally, the DPS as a whole 

must contain a minimal number of 

viable populations, or interacting transbasin populations, within each BPG that 

inhabit watersheds with drought refugia 

(needed to sustain juvenile populations 

throughout the low-flow period), are 

geographically separated (to maintain 

maximum genetic diversity and also to 

spread out the risk of extinction due to 

local disasters or other mortality 

factors), and exhibit the natural lifehistory diversity of the species (fluvialanadromous, lagoon-anadromous, and 

freshwater resident). 

Recovery Strategy 

Achieving species recovery will 

require a number of coordinated 

activities, including: implementation of 

the strategic and threat-specific recovery 

actions identified in this Recovery Plan; 

monitoring of existing population’s 

response to recovery actions; and 

further research into the diverse lifehistory patterns and adaptations of 

southern anadromous O. mykiss to a 

semi-arid and highly dynamic 

environment (e.g., the ecological 

relationship between anadromous and 

non-anadromous life-history patterns. 

Effective implementation of recovery 

actions will also entail: (1) Extensive 

public education (including the general 

public, non-governmental agencies, and 

local, regional, State, and Federal 

governmental agencies,) regarding the 

role and value of the species within the 

larger watershed environment; (2) 

development of cooperative 

relationships with private land owners, 

special districts, federally-recognized 

tribes, and local governments with 

direct control and responsibilities over 

non-federal land-use practices; (3) 

participation in the land use and water 

planning and regulatory processes of 

local, regional, State, and Federal 

agencies; (4) close cooperation with 

other state resource agencies such as the 

California Department of Fish and 

Game, California Coastal Commission, 

CalTrans, and the California Department 

of Parks and Recreation, and (5) 

partnering with Federal resource 

agencies, including the U.S. Forest 

Service, U.S. Fish and Wildlife Service, 

National Park Service, U.S. Bureau of 

Reclamation, U.S. Bureau of Land 

Management, U.S. Army Corps of 

Engineers, U.S. Department of 

Transportation, U.S. Department of 

Defense, and the U.S. Environmental 

Protection Agency. 

A comprehensive strategic framework 

is necessary to serve as a guide to 

integrate the actions contributing to the 

larger goal of recovery of the Southern 

California Coast Steelhead DPS. This 

strategic framework incorporates the 

concepts of viability at both the 

population and DPS levels, and the 

identification of threats and recovery 

actions for specific BPGs. 

NMFS has identified core populations 

intended to serve as the foundation for 

the recovery of the species in the 

Recovery Planning Area. In addition, 

threats assessments for the species 

indicate that recovery actions related to 

the modification of existing passage 

barriers and changes in water storage 

and management regimes within certain 

rivers of the Recovery Planning Area are 

critical to the recovery of the species. 

High quality habitat exists above the 

significant passage barriers in these 

river systems. As a result, NMFS 

expects significant improvements in 

species status once they are able to 

access these areas for spawning and 

rearing of young steelhead. 

There remain uncertainties regarding 

the level of recovery necessary to 

achieve population viability, therefore, 

additional research and monitoring of 

anadromous O. mykiss populations 

within the SCCS Recovery Planning 

Area is an essential component of this 

Recovery Plan. As this Recovery Plan is 

implemented over time, additional 

information will become available to: (1) 

refine the viability criteria; (2) up-date 

and refine the threats assessment and 

related recovery actions; (3) determine 

whether individual threats have been 

abated; and (4) evaluate the overall 

viability of anadromous O. mykiss in the 

SCCS Recovery Planning Area. 

Additionally, there will be a review of 

the recovery actions implemented and 

population and habitat responses to 

these actions at the 5-year and 10-year 

status reviews of the DPS. 

Recovery Actions 

Many complex and inter-related 

biological, economic, social, and 

technological issues must be addressed 

in order to recover anadromous O. 

mykiss in the Southern California Coast 

Steelhead DPS. Policy changes at the 

Federal, state and local levels will likely 

be necessary to implement many of the 

recovery actions identified in this 

Recovery Plan. For example, without 


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36462 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices 

substantial strides in water conservation 

throughout southern California, flow 

conditions for anadromous salmonids 

will limit recovery. Similarly, recovery 

is unlikely without programs to restore 

properly functioning historic habitat 

such as estuaries, and access to 

upstream spawning and rearing habitat. 

Although the recovery of this species 

is expected to be a long process, the 

TRT recommended certain actions that 

should be implemented as soon as 

possible to help guide the recovery 

process for the Southern California 

Steelhead DPS (Boughton et al. 2007). 

Additional and more specific recovery 

actions to address specific threat 

sources in individual watersheds are 

discussed in the text. 

Implementation and Cost Estimates 

Implementation of this Recovery Plan 

by NMFS will take many forms. To 

achieve recovery, NMFS will need to 

promote the Recovery Plan and provide 

needed technical information and 

assistance to other entities responsible 

for actions that may impact the species’ 

recovery. NMFS should work with key 

partners on planning and 

implementation of all high priority 

recovery actions. Additionally it will be 

important to work with local 

governments to ensure that protective 

measures consistent with recovery 

objectives are included in their general 

plans and local coastal plans. NMFS 

should also work with state and Federal 

regional entities on Regional Water 

Control Board Basin Plans and U.S. 

Forest Service Plans. 

An implementation schedule 

describing time frames and costs 

associated with individual recovery 

actions is under development. 

Estimating total cost to recovery is much 

more challenging, if not impossible to 

estimate for a variety of reasons. These 

include the large geographic extent of 

the DPS; the need to refine recovery 

criteria; the need to complete 

watershed-specific investigations such 

as barrier inventories and assessments; 

the establishment of flow regimes for 

individual watersheds; and the review 

and possible modification of a variety of 

exiting land-use and water management 

plans (including waste discharge 

requirements) under a variety of local, 

state, and federal jurisdictions. 

Additionally, the biological response of 

many of the recovery actions is 

uncertain, and achieving full recovery 

will be a long-term effort likely 

requiring decades, and addressing new 

stressors that emerge over time. In some 

instances, however, NMFS is able to 

estimate the costs associated with 

certain common restoration activities 

such as those undertaken as part of the 

California Department of Fish and Game 

Fisheries Restoration Grants Program. 

An appendix to the Plan contains 

estimates for these categories of typical 

watershed restoration actions. 

The criteria and recovery actions 

identified in this Recovery Plan provide 

a comprehensive road-map for recovery 

and are consistent with many ongoing 

activities intended to protect and or 

restore ecosystem functions in southern 

California watersheds. As a result, many 

of these recovery actions will be 

undertaken by local, state and Federal 

agencies, as well as non-governmental 

organizations and other private entities 

as a part of their local ecosystem 

protection efforts. Also, the wide variety 

of threats to steelhead provide for a 

variety of potential funding sources 

available to develop and implement 

these recovery actions, often as part of 

other ongoing natural resource 

restoration, management, and mitigation 

programs. 

Public Comments Solicited 

NMFS solicits written comments on 

the Draft Plan. All comments received 

by the date specified above will be 

considered prior to NMFS’ decision 

whether to approve the Plan. NMFS 

seeks comments particularly in the 

following areas: (1) the analysis of 

limiting factors and threats; (2) the 

recovery objectives, strategies, and 

actions; (3) the criteria for removing the 

DPS from the Federal list of endangered 

and threatened wildlife and plants; and 

(4) estimates of time and cost to 

implement recovery actions. NMFS will 

also hold public meetings to provide an 

opportunity for the public to learn more 

about the Draft Plan, ask questions of 

NMFS staff, and submit oral or written 

comments on the Draft Plan. 

Public Meetings 

NMFS will hold public meetings on 

the dates and at locations as follows: 

–August 25, 2009, 3 p.m. to 5 p.m. at 

the Carlsbad Fish and Wildlife Office, 

6010 Hidden Valley Road., Carlsbad, CA 

92011. 

–September 1, 2009, 5 p.m. to 7 p.m. 

at the Fess Parker’s Double Tree Resort, 

633 East Cabrillo Boulevard , Santa 

Barbara, CA 93103. 

These meetings will provide an 

opportunity for the public to learn more 

about the Proposed Plan, ask questions 

of NMFS staff, and submit oral or 

written comments on the Proposed Plan. 

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

Dated: July 15, 2009. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E9–17284 Filed 7–22–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–ZP93 

Marine Mammals; File No. 14341 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Karen Terio, DVM, PhD, Zoological 

Pathology Program, College of 

Veterinary Medicine, University of 

Illinois, LUMC Room 0745, Building 

101, 2160 South First Street, Maywood, 

IL 60153, has been issued a scientific 

research permit to import marine 

mammal specimens for scientific 

research. 

ADDRESSES: The permit and related 

documents are available for review 

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; and 

Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978)281–9300; fax (978)281– 

9333. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Kate Swails, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On March 

9, 2009, notice was published in the 

Federal Register (74 FR 10035) that a 

request for a scientific research permit 

had been submitted by the above-named 

individual. The requested permit has 

been issued 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 permit authorizes the importation 

of unlimited biological samples from up 


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