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Federal Register / Vol. 71, No.

227 / Monday, November 27, 2006 / Notices 68557

salmon ESU) under specific provisions effects of the proposed action and each demonstrate that disclosure would
of the incidental take permit, should of the alternatives; and indicate any constitute a clearly unwarranted
these species be listed in the future. irreversible commitment of resources invasion of privacy. Unsupported
Green Diamond also has requested a that would result from implementation assertions will not meet this burden. In
section 10(a)(1)(A) enhancement of of the proposed action. the absence of exceptional,
survival permit from FWS that would documentable circumstances, this
authorize the take of the non-listed Alternatives
information will be released. We will
coastal cutthroat trout (O. clarki clarki), The Final EIS analyzes Green always make submissions from
rainbow trout (O. mykiss), southern Diamond’s proposal and four organization or businesses, and from
torrent salamander (Rhyacotriton alternatives. Under the Proposed individuals identifying themselves as
variegatus), and tailed frog (Ascaphus Action, the Services would issue the representatives of or officials of
truei) under specific provisions of the Permits and Green Diamond would organizations or businesses, available
enhancement of survival permit, should implement their proposed Plan on for public inspection in their entirety.
these species be listed in the future. approximately 417,000 acres of Green The Services will evaluate the
On July 11, 2000, the Services Diamond ’s California timberlands. application, associated documents, and
formally initiated an environmental Under the No Action Alternative, comments submitted to them in
review of the project through a Notice Permits would not be issued and Green preparation of the two Records of
of Intent to prepare an EIS in the Diamond would remain subject to the Decision. Permit decisions will be made
Federal Register (65 FR 42674). The prohibition on unauthorized taking of no sooner than 30 days after the
project proponent was Simpson Timber listed species. Under a Listed Species publication of the Final EIS and
Company. In December of 2001, Only Alternative (Alternative A), the completion of the Records of Decision.
Simpson Timber Company transferred Services would issue Permits only for This notice is provided pursuant to
all of its timberlands to Simpson currently listed species. The Simplified section 10(a) of the Federal ESA and the
Resource Company, and Simpson Prescriptions Alternative (Alternative B) applicable regulations for implementing
Resource Company became the project would provide coverage for the same NEPA, as amended (40 CFR 1506.6). We
proponent. The Notice of Intent also species as the Proposed Action, with provide this notice in order to allow the
announced a 30–day public scoping modified management obligations. The public, agencies, or other organizations
period, during which other agencies, Expanded Species/Geographic Area the opportunity to review these
tribes, and the public were invited to Alternative (Alternative C) would documents.
provide comments and suggestions expand the area of coverage and the
regarding issues and alternatives to be Dated: November 16, 2006.
number of species covered under the
included in the EIS. Four public scoping Permits. Angela Somma,
meetings were held over a two-day Chief, Endangered Species Division, Office
period on July 11 and July 12, 2000, in National Environmental Policy Act of Protected Resources, National Marine
Eureka and Crescent City, California, Proposed permit issuance triggers the Fisheries Service.
and a series of six informational need for compliance with the National Dated: November 7, 2006.
meetings with cooperating agencies and Environmental Policy Act (NEPA) and Ken McDermond,
local tribal groups also were held in accordingly the Services have prepared Deputy Operations Manager, California/
August and September 2000. a joint NEPA document. The Services Nevada Operations Office, Fish and Wildlife
On August 16, 2002, the Services are Co-Leads responsible for compliance Service, Sacramento, California.
published a Notice of Availability of the under NEPA. As NEPA Co-Lead [FR Doc. 06–9408 Filed 11–24–06; 8:45 am]
Draft Simpson Resource Company agencies, the Services are providing BILLING CODES 3510–22–S, 4310–55–S
Aquatic Habitat Conservation Plan/ notice of the availability of the Final EIS
Candidate Conservation Agreement with and are making available for public
Assurances and Draft Environmental review the responses to comments on DEPARTMENT OF COMMERCE
Impact Statement, Del Norte and the Draft EIS.
Humboldt Counties, California in the National Oceanic and Atmospheric
Federal Register (67 FR 53567). The Public Review
Administration
public review period was scheduled for The Services invite the public to
90 days from August 16, 2002, to review the Final EIS, Plan, and [I.D. 101206B]
November 14, 2002. Two public Implementing Agreement during a 30–
Magnuson-Stevens Act Provisions;
meetings were held on September 4, day waiting period [see DATES]. Any
Atlantic Highly Migratory Species;
2002, in Eureka, California. A total of 20 comments received, including names
Exempted Fishing, Scientific Research,
oral questions and comments were and addresses, will become part of the
Display Permits, and Chartering
received from two public meetings, and administrative records and may be made
Permits
25 comment letters were received, available to the public.
comprising 1,267 separate comments. A Our practice is to make comments, AGENCY: National Marine Fisheries
response to each of these comments is including names, home addresses, home Service (NMFS), National Oceanic and
included in the Final EIS. phone numbers, and email addresses of Atmospheric Administration (NOAA),
Effective May 1, 2004, Simpson respondents, available for public Commerce.
Resource Company, the project review. Individual respondents may ACTION: Notice of intent; request for
proponent, changed its name to Green request that we withhold their names comments.
Diamond Resource Company, and the and /or homes addresses, etc., but if you
Final EIS reflects that change. wish us to consider withholding this SUMMARY: NMFS announces its intent to
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The Final EIS is intended to information you must state this issue Exempted Fishing Permits (EFPs),
accomplish the following: Inform the prominently at the beginning of your Scientific Research Permits (SRPs),
public of the proposed action and comments. In addition, you must Display Permits, Letters of
alternatives; disclose the direct, present a rationale for withholding this Acknowledgment (LOAs) and
indirect, and cumulative environmental information. This rationale must Chartering Permits for the collection of

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68558 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices

Atlantic highly migratory species (HMS) Scientific research is not exempt under for billfish tournaments to collect
in 2007. In general, EFPs, SRPs, Display ATCA. Therefore, NMFS issues SRPs additional scientific data on the impacts
Permits, and Chartering Permits would involving ATCA regulated species to of J-hooks when fishing for blue marlin.
authorize collections of a limited researchers operating from bonafide NMFS has received comments during
number of Atlantic tunas, swordfish, research vessels, and EFPs to the HMS Advisory Panel meeting
billfishes, and sharks from Federal researchers operating from commercial (October 3–4, 2006) as well as from
waters in the Atlantic Ocean and Gulf or recreational fishing vessels. billfish tournament directors that
of Mexico for the purposes of scientific Issuance of EFPs, SRPs, and Display tournaments are not appropriate venues
data collection and public display. The Permits may be necessary for the to collect scientific data due to the lack
issuance of EFPs to Atlantic billfishes collection of scientific data and for of standardized fishing practices and
tournaments for the use of J-hooks to public display because the possession of tournament operations. Accordingly,
fish for blue marlin is also discussed in certain species or size of HMS are NMFS is continuing to examine more
this notice. Typically, EFPs, SRPs, prohibited, possession of billfishes on appropriate means of obtaining
LOAs, Display Permits, and Chartering board commercial fishing vessels is scientific data on the impacts of J-hooks
Permits would be valid from the date of prohibited, and/or because the when fishing for blue marlin. As such,
issuance through December 31, 2007. commercial fisheries for bluefin tuna NMFS is still considering the value of
DATES: Written comments on these and large coastal sharks may be closed issuing EFPs to tournaments for this
collection, research, and fishing for extended periods, during which time type of data collection. The Agency’s
activities will be considered by NMFS the collection of live animals and/or decision on the issuance of these EFPs
when issuing EFPs, SRPs, Display biological samples would be otherwise as well as alternative avenues NMFS
Permits, and/or Chartering Permits if prohibited. NMFS regulations at 50 CFR might pursue to evaluate the impacts of
received on or before December 27, 635.32 regarding the implantation or J-hooks when fishing for blue marlin
2006. attachment of archival tags in Atlantic will be published in a future Federal
HMS require prior authorization and a Register notice.
ADDRESSES: Comments may be
report on collection and implantation
submitted by any of the following NMFS is also seeking public comment
activities.
methods: NMFS seeks public comment on its on its intent to issue Display Permits for
• Email: SF1.101206B@noaa.gov. the collection of restricted species of
intent to issue EFPs for the purpose of
Include in the subject line the following sharks for public display in 2007. In the
collecting biological samples under at-
identifier: ‘‘I.D. 101206B’’. sea fisheries observer programs. NMFS final 1999 Fishery Management Plan
• Mail: Margo Schulze-Haugen, Chief, (FMP) for Atlantic Tunas, Swordfish,
intends to issue EFPs to the Northeast
Highly Migratory Species Management and Sharks (1999 FMP), NMFS
and Southeast Observer programs to
Division (F/SF1), NMFS, 1315 East-West established a 60 metric ton wet weight
allow any NMFS employee or NMFS-
Highway, Silver Spring, MD 20910. quota for the public display and
• Fax: (301) 713–1917. approved contractor/observer to bring
onboard and possess (for scientific research of sharks (combined). NMFS
FOR FURTHER INFORMATION CONTACT: preliminarily determined that, based on
research purposes, biological sampling,
Jackie Wilson, by phone: (404) 806– measurement, etc.) any Atlantic tuna, average weight of sharks landed,
7622; or by fax: (404) 806–9188; or Chris swordfish, shark, or billfish provided approximately 3,000 sharks could be
Rilling or Karyl Brewster-Geisz, by the fish is a tagged and recaptured fish, taken with this current quota. The
phone: (301) 713–2347; or by fax: (301) dead prior to being brought onboard, or actual number of sharks taken depends
713–1917. specifically authorized for sampling by on the species and size of the sharks
SUPPLEMENTARY INFORMATION: EFPs, the Director of NMFS’ Office of collected. NMFS believes that
SRPs, Display Permits, and Chartering Sustainable Fisheries at the request of harvesting this amount for public
Permits are requested and issued under the Southeast Fisheries Science Center display will have a minimal impact on
the authority of the Magnuson-Stevens or the Northeast Fisheries Science the stock and that the number of sharks
Fishery Conservation and Management Center. On average, several hundred harvested for display and research will
Act (Magnuson-Stevens Act) (16 U.S.C. swordfish and sharks are collected by remain under the annual 60 metric ton
1801 et seq.) and/or the Atlantic Tunas at-sea observers under such EFPs in any quota. Future rulemaking may re-
Convention Act (ATCA) (16 U.S.C. 971 given year. Collection of bluefin tuna for evaluate this quota in light of the results
et seq.). Regulations at 50 CFR 600.745 age and growth, genetic, and spawning of recent shark stock assessments.
and 635.32 govern scientific research information by at-sea-observers began in Specifically, landings of sandbar sharks
activity, exempted fishing, chartering 2005. and dusky sharks collected under the
arrangements, and exempted NMFS received public comments on auspices of an EFP, SRP, Display
educational activity with respect to the final Environmental Impact Permit, or LOA may be restricted more
Atlantic HMS. Scientific research is Statement for the final Consolidated in 2007 than in previous years given the
exempted from regulation under the HMS Fishery Management Plan results of the shark stock assessments.
Magnuson-Stevens Act, so NMFS does regarding the new requirement for In 2006, eight Display Permits were
not issue EFPs for bonafide research billfish tournaments to use only circle issued, authorizing the collection of 292
activities (i.e., research conducted from hooks when fishing natural baits and large coastal, 156 small coastal, and 64
a research vessel and not a commercial natural bait/artificial lure combinations prohibited sharks for display purposes.
or recreational fishing vessel) involving (October 2, 2006; 71 FR 58058). The The total number reported as actually
species solely regulated under the commenters claimed that circle hooks taken will not be known until early
Magnuson-Stevens Act. However, are not necessary to reduce post-release 2007. In 2005, of the 258 large coastal,
NMFS requests copies of scientific injury and mortality of blue marlin 60 small coastal, and 72 prohibited
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research plans, and NMFS indicates when fishermen use either natural bait/ sharks authorized for collection via the
concurrence by issuing an LOA to artificial lure combinations or with issuance of seven Display Permits, only
researchers to indicate that the proposed heavy tackle (line test > 80 lb) trolling 37 large coastal sharks, 53 small coastal
activity meets the definition of research at fast speeds. In response to comments, sharks (48 of which were Atlantic
and is therefore exempt from regulation. NMFS stated that it would issue EFPs sharpnose), and 4 prohibited species

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Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices 68559

were reported taken from Federal comment on proposals that may be submitted to NMFS in early 2007. In
waters. In 2005, 2.22 percent of the deemed controversial unless the 2005, the number of specimens
shark display and research quota was research is being conducted by NOAA collected were greater than the number
used for public display collections. scientific researchers from bonafide of authorized specimens for Billfish
Authorized collections or exemptions NOAA research vessels. EFPs. This was due to more larvae from
may involve activities otherwise Comments are also requested on the plankton tows and whole swordfish
prohibited by regulations implementing issuance of Chartering Permits to vessels from commercial pelagic longline
the final Consolidated HMS FMP fishing for HMS while operating under vessels being collected than anticipated
(October 2, 2006; 71 FR 58058). Display chartering arrangements within the EEZ by scientific researchers. Otherwise, the
Permits, SRPs, and EFPs, if issued, may of other nations. Chartering Permits number of specimens collected was less
authorize recipients to fish for and allow a U.S. fishing vessel to fish in a
than the number of authorized
possess tunas, billfish, swordfish, and manner consistent with another
specimens. In all cases, mortality
sharks outside the applicable Federal country’s regulations without violating
commercial seasons, size limits and/or U.S. regulations and ensure that such associated with an EFP, SRP, Display
retention limits; to fish for and possess vessels report to the proper authorities, Permits, or LOA (except for larvae) were
prohibited species; or to fish for and consistent with International counted against the appropriate quota.
possess HMS collected for research Commission for the Conservation of A total of 32 exempted permits were
purposes in closed areas. NMFS may Atlantic Tunas (ICCAT) issued by NMFS in 2005 for the
consider exempted fishing applications recommendations. To date, NMFS has collection of HMS, whereas the number
for bycatch reduction research in closed only issued one Chartering Permit for a of permits issued in 2006 increased to
regions of the Atlantic Ocean, Gulf of pelagic longline vessel. 37 permits. In both 2005 and 2006, the
Mexico, and Caribbean Sea to test gear Table 1 summarizes the number of greatest number of exempted permits
modifications and fishing techniques exempted permits and authorized issued were Tuna EFPs followed by
aimed to avoid incidental capture of collections in 2005 and 2006, as well as Shark Display Permits. HMS SRPs had
non-target species. Any proposed the number of specimens collected in the greatest number of specimens
research activities must be consistent 2005. The number of specimens authorized for collection in 2005 and
with all applicable laws and regulations. collected in 2006 will be available when 2006 (mainly for the collection of
NMFS will seek additional public all of the 2006 annual reports are larvae).

TABLE 1. SUMMARY OF HMS EXEMPTED PERMITS ISSUED IN 2005 AND 2006. ‘‘HMS’’ REFERS TO MULTIPLE SPECIES
BEING COLLECTED UNDER A GIVEN PERMIT TYPE.

2005 2006

Number of Number of Number of Number of Number of Number of Number of


Number of
Permits Authorized Authorized Larvae Permits Authorized Authorized
Fish Taken
Issued Fish Larvae Taken Issued Fish Larvae

EFP
HMS3 4 677 200 47 0 4 1,100 0
Shark 5 882 0 457 0 6 605 0
Tuna 7 859 0 378 0 9 590 0
Billfish 2 175 450 1901 6162 3 179 0

SRP
HMS3 4 611 2,500 26 524 4 485 1,200
Shark 3 850 0 19 0 2 400 0
Billfish 0 0 0 0 0 1 0 500

Display
HMS3 1 98 0 0 0 1 89 0
Shark 6 379 0 94 0 7 505 0

Total 32 4,531 3,150 1,211 1,140 37 3,953 1,700

LOA4
Shark 4 2,484 0 37 0 1 2,853 0
1. Overage was due to an overage in collection of swordfish on commercial pelagic longline vessels.
2. Number of larvae collected are difficult to determine upon collection; larvae samples are collected, preserved and counted at a later date, so
applicants cannot determine if they have exceeded their authorized limit at the time of collection.
3. The discrepancies in the number of authorized specimens listed in the 2005 notice (70 FR 71467) and this notice are due to a calculation
error in the 2005 notice and the inclusion of additional species in this notice (i.e., the inclusion of ‘‘other tunas’’ comprised of albacore, bigeye,
blackfin, skipjack, and yellowfin tuna).
4. Collections made under an LOA are not authorized; rather this estimated harvest for research is acknowledged by NMFS. All sources of
mortality are accounted against the appropriate quota.

Final decisions on the issuance of any this notice, consistency with relevant All requests for EFPs, SRPs, Display
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EFPs, SRPs, Display Permits, and applicable laws and regulations, and Permits, and Chartering Permits of a
Chartering Permits will depend on the any consultations with appropriate type or nature not addressed in this
submission of all required information Regional Fishery Management Councils, Federal Register notice will have a
about the proposed activities, NMFS’ states, or Federal agencies. separate notice filed and separate public
review of public comments received on comment period.

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68560 Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Notices

Authority: 16 U.S.C. 971 et seq. and 16 2007 summer flounder recreational alternative for implementation of a
U.S.C. 1801 et seq. fishery. Vessel Monitoring System (VMS).
Dated: November 21, 2006. 1 p.m. until 3 p.m. - The Council and 2:15 p.m. until 3 p.m. - A presentation
Alan D. Risenhoover, the ASMFC will review and discuss the will be received regarding the New
Director, Office of Sustainable Fisheries,
Monitoring Committee’s and the England Council’s Omnibus Essential
National Marine Fisheries Service. Advisory Panel’s recommendations on Fish Habitat (EFH) Amendment and its
[FR Doc. E6–20004 Filed 11–24–06; 8:45 am]
scup recreational management measures relationship to and effects on
and develop and approve management Framework 4 to the Joint Monkfish
BILLING CODE 3510–22–S
measures for the 2007 scup recreational FMP. Following this presentation the
fishery. Council will approve an appropriate
3 p.m. until 5 p.m. - The Council and range of Monkfish EFH designations.
DEPARTMENT OF COMMERCE
the ASMFC will review and discuss the 3 p.m. until 5:30 p.m. - The Council
National Oceanic and Atmospheric Monitoring Committee’s and the will meet to review and approve final
Administration Advisory Panel’s recommendations on actions on Framework 4 to the Monkfish
black sea bass recreational management FMP, and review and approve the
[I.D. 112006E] measures and develop and approve Monkfish incidental catch limits in the
management measures for the 2007 scallop closed areas.
Mid-Atlantic Regional Fishery black sea bass recreational fishery. 7 p.m. until 9 p.m. - The Council will
Management Council; Public Meetings 7 p.m. until 9 p.m. - The Council will host a public hearing to be convened by
AGENCY: National Marine Fisheries host a public hearing to be convened by the NMFS regarding its Omnibus
Service (NMFS), National Oceanic and the New England Regional Fishery Amendment for Standardized Bycatch
Atmospheric Administration (NOAA), Management Council regarding its Reporting Methodology (SBRM). Note:
Commerce. Amendment 16 to the Northeast This hearing was originally scheduled
ACTION: Notice of public meetings. Multispecies Fishery Management Plan for December 12, 2006 at the same
(FMP). location and time, but was rescheduled
SUMMARY: The Mid-Atlantic Regional to this date, place, and time.
Wednesday, December 13, 2006
Fishery Management Council (Council);
its Joint Dogfish Committee; its 8 a.m. until 9:30 a.m. - The Thursday, December 14, 2006
Ecosystems Committee; and, its Squid, Ecosystems Committee will meet to: 8 a.m. until 9:30 a.m. - The Squid,
Mackerel, Butterfish Committee will review an initiative to develop a Mackerel, and Butterfish Committee
hold public meetings. national system of Marine Protected will meet regarding Amendment 10 to
DATES: The meetings will be held on
Areas (MPAs), discuss a proposed the Squid, Mackerel, and Butterfish
Tuesday, December 12, 2006 through NMFS Workshop on reducing post- FMP to review and adopt management
Thursday, December 14, 2006. See release mortality in recreational alternatives for purposes of rebuilding
SUPPLEMENTARY INFORMATION for specific
fisheries, discuss the ASMFC’s the butterfish stock.
dates and times and a meeting agenda. establishment of a Multispecies 9:30 a.m. - The Council will convene.
Technical Committee, discuss the 9:30 a.m. until 10 a.m. - The Council
ADDRESSES: This meeting will be held at
Ecosystem-Based Management Tool will receive a presentation regarding a
the Skyline Hotel, 725 10th Ave, New Network, and discuss the U.S. Navy’s vessel cost survey on fixed costs that is
York, New York 10019; telephone: (212) Draft Environmental Impact Statement to be incorporated on a voluntary basis
586–3400. (DEIS) regarding testing of active sonar in the 2007 vessel permit renewal cycle.
Council address: Mid-Atlantic in federal waters. 10 a.m. until 2 p.m. - The Council will
Regional Fishery Management Council, 9:30 a.m. until 12 noon - The Council conduct its regular business session to
300 S. New Street, Dover, DE 19904; and ASMFC will discuss Summer approve August and October Council
telephone: (302) 674–2331. Flounder, Scup, and Black Sea Bass meeting minutes, approve actions from
FOR FURTHER INFORMATION CONTACT: FMP issues. An update will be received the October meeting, receive various
Daniel T. Furlong, Executive Director, on the status of Amendment 14 to the organizational reports, receive
Mid-Atlantic Regional Fishery Summer Flounder, Scup, and Black Sea Committee reports and address any new
Management Council; telephone: (302) Bass FMP (scup rebuilding plan), they or continuing business.
674–2331, extension 19. will review the revised list of remaining Although non-emergency issues not
SUPPLEMENTARY INFORMATION: potential management measures to be contained in this agenda may come
addressed in Amendment 15 to the FMP before the Council and its Committees
Tuesday, December 12, 2006
to determine the need for future action, for discussion, these issues may not be
8 a.m. until 9:30 a.m. - The Joint and they will discuss and address the the subject of formal Council or
Dogfish Committee will meet to review implications and effects of any potential Committee action during this meeting.
actions taken by the Atlantic States disconnect between specifications set by Council and Committee action will be
Marine Fisheries Commission (ASMFC) the Council under Magnuson-Stevens restricted to those issues specifically
regarding dogfish management and their Act (MSA) authority and those set by listed in this notice and any issues
impacts on federal management of the ASMFC under the Atlantic Coastal arising after publication of this notice
dogfish. Fisheries Cooperative Management Act that require emergency action under
9:30 a.m. until 12 noon - The Council (ACFCMA) authority. section 305(c) of the Magnuson-Stevens
will convene jointly with the ASMFC’s 1 p.m. until 1:15 p.m. - There will be Act provided the public has been
Summer Flounder, Scup, and Black Sea an awards presentation to recognize the notified of the Council’s intent to take
Bass Board. They will review and 2006 Fisheries Achievement Award and final actions to address such
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discuss the Monitoring Committee’s and Ricks E Savage Award winners. emergencies.
the Advisory Panel’s recommendations 1:15 p.m. until 2:15 p.m. - Meeting
on summer flounder recreational two of Framework 1 to the Surfclam / Special Accommodations
management measures, and develop and Ocean Quahog FMP will convene to These meetings are physically
approve management measures for the review, select, and approve an accessible to people with disabilities.

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