Professional Documents
Culture Documents
results of the sunset review no later than days from the date of initiation of this FOR FURTHER INFORMATION CONTACT:
December 19, 2005. review. Nancy Hesser at the Department of
This notice is issued and published in Commerce in Washington, DC.
FOR FURTHER INFORMATION CONTACT: Jun
accordance with sections 751(c)(5)(B) Telephone: (202) 482–4663. Fax: (202)
Jack Zhao or Sean Carey, AD/CVD
and (C) of the Act. 482–2718. Both downloadable and
Operations, Office 6, Import
Dated: September 26, 2006. online versions of the application for
Administration, International Trade
Stephen J. Claeys, the Summit and the spin-off missions
Administration, U.S. Department of
Deputy Assistant Secretaryfor Import
are available on the event Web site:
Commerce, 14th Street & Constitution
Administration. http://export.gov/indiamission.
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–1396 or (202) 482– [FR Doc. E6–16232 Filed 9–29–06; 8:45 am] Nancy Hesser,
3964, respectively. BILLING CODE 3510–DS–S Manager, Commercial Service Trade Missions
Program.
SUPPLEMENTARY INFORMATION:
[FR Doc. E6–16221 Filed 9–29–06; 8:45 am]
Extension of Final Results: DEPARTMENT OF COMMERCE BILLING CODE 3510–25–P
the Department will extend the deadline for the spin-off missions are available on
in this proceeding, and, as a result, the above-cited event Web site. may also be submitted by e-mail to
intends to issue the final results of the Selection criteria and procedures for the Spinner.Scoping@noaa.gov.
sunset review of the countervailing duty Summit and spin-off missions are FOR FURTHER INFORMATION CONTACT: Lisa
order on OCTG from Italy, no later than included in the Trade Mission Van Atta, NMFS, Pacific Islands Region;
December 19, 2006, an additional 81 Statement on the Web site. telephone: (808) 944–2257; fax: (808)
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57924 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices
944–2142; e-mail: (motor powered or kayak) or in the Current MMPA Prohibitions and NMFS
alecia.vanatta@noaa.gov. For water (‘‘swim-with-wild-dolphin’’ Guidelines and Regulations
information regarding the EIS process, activities). Concerns have been The Marine Mammal Protection Act
contact Jayne LeFors, NMFS, Pacific expressed by officials from the Hawaii of 1972, 16 U.S.C. 1361 et seq. (MMPA)
Islands Region; telephone: (808) 944– Department of Land and Natural prohibits the ‘‘take’’ of marine
2277; fax: (808) 944–2142; e-mail: Resources and the U.S. Marine Mammal mammals. Section 3(13) of the MMPA
jayne.lefors@noaa.gov. Commission (MMC), as well as various defines the term ‘‘take’’ as ‘‘to harass,
members of the public, including hunt, capture, or kill, or attempt to
SUPPLEMENTARY INFORMATION:
representatives of the Native Hawaiian harass, hunt, capture, or kill any marine
Public Scoping Meetings – Specific community, scientific researchers, mammal.’’ Section 3(18)(A) of the
Times and Locations wildlife conservation organizations, MMPA defines the term ‘‘harassment’’
The Honolulu, Oahu, HI scoping public display organizations, and some
as ‘‘any act of pursuit, torment, or
meeting: October 17, 2006, 6 p.m. - 9 commercial tour operators.
annoyance which (I) has the potential to
NMFS encourages members of the
p.m. The meeting location is the McCoy injure a marine mammal or marine
public to view and enjoy Hawaiian
Pavilion, Ala Moana Regional Park, mammal stock in the wild; or (ii) has the
spinner dolphins, and supports
1201 Ala Moana Boulevard, Honolulu, potential to disturb a marine mammal or
responsible wildlife viewing as
HI, 96814, telephone: (808) 823–1636. marine mammal stock in the wild by
articulated in agency guidelines (see
The Kapa’a, Kauai, HI scoping web citation below). However, activities causing disruption of behavioral
meeting: October 19, 2006, 6 p.m. - 9 currently conducted by individuals and patterns, including, but not limited to,
p.m. The meeting location is the Aloha by commercial ‘‘swim-with’’ programs migration, breathing, nursing, breeding,
Beach Resort Kauai, Pi’ikoi Room, 3– frequently do not operate in accordance feeding, or sheltering.’’
5920 Kuhio Highway, Kapa’a, HI, 96746, with these guidelines. NMFS is In addition, NMFS regulations
telephone: (808) 823–1636. concerned that activities occurring in implementing the MMPA have amended
The Kihei, Maui, HI scoping meeting: Hawaii have the potential to cause the term ‘‘take’’ to include ‘‘the
October 25, 2006, 6 p.m. - 9 p.m. The detrimental individual and population- negligent or intentional operation of an
meeting location is the Hawaiian Islands level impacts to these dolphins. aircraft or vessel, or the doing of any
Humpback Whale National Marine Hawaiian spinner dolphins routinely other negligent or intentional act which
Sanctuary, Headquarters office, 726 S. utilize shallow coves and bays close to results in disturbing or molesting a
Kihei Road, Kihei, HI, 96753, telephone: shore during the day to rest, care for marine mammal; and feeding or
(808) 879–2818 or (800) 831–4888. their young, and avoid predators, before attempting to feed a marine mammal in
The Kailua-Kona, HI scoping meeting: traveling to deeper water at night to the wild’’ (50 CFR 216.3).
October 26, 2006, 6 p.m. - 9 p.m. The hunt for food. As the dolphins begin or Although Hawaiian spinner dolphins
meeting location is King Kamehameha’s end their resting period in a bay, they are not a listed species under the
Kona Beach Hotel, 75–5660 Palani engage in aerial spinning and leaping Endangered Species Act (ESA), NMFS
Road, Kailua-Kona, HI, 96740, behaviors that are noticeable from shore. has implemented specific regulations
telephone: (808) 329–2911. However, when they are in a period of for some ESA-listed marine mammals
These meetings are accessible to deep rest, their behavior consists of which address interactions with
people with disabilities. Requests for synchronous dives and extended humans in the wild. These regulations
sign language interpretation or other periods swimming in quiet formation prohibit approaches closer than 100
auxiliary aids should be directed to along the shallow bottom (Norris and yards (91.4 m) to humpback whales in
Jayne LeFors, (808) 944–2277 or fax Dohl 1980; Norris et al., 1985; Wells and Hawaii and Alaska, and approaches
(808) 944–2142 at least 5 days before the Norris 1994; Wursig et al. 1994). closer than 500 yards (460 m) to right
scheduled meeting date. Scientific research studies have whales in the North Atlantic (50 CFR
documented the effects of human 224.103), as well as approaches within
Background 3 nautical miles (5.5 km) of particular
disturbance on dolphins. In a recently
Viewing wild marine mammals in published study conducted at Oahu’s Steller sea lion (Eumetopias jubatus)
Hawaii is a popular recreational activity Makua Beach, Danil et al. (2005) found rookeries in the Aleutian Islands and
for both tourists and residents alike. In that Hawaiian spinner dolphins Gulf of Alaska (50 CFR 223.202).
the past, most efforts focused on departed the resting bay earlier and However, specific approach distance
viewing humpback whales (Megaptera spent shorter diving periods, which was regulations have not yet been
novaeangliae) during the winter months indicative of delayed or compressed implemented under the MMPA for other
when the whales migrate from their resting behavior, while swimmers were species of marine mammals.
feeding grounds off the coast of Alaska present in the bay. The MMPA provides limited
to Hawaii’s warm and protected waters Additionally, a study in western exceptions to the prohibition on ‘‘take’’
to breed and calve. However, in recent Australia documented a significant for activities such as scientific research,
years, increasing efforts have focused on decline in wild bottlenose dolphin public display, and incidental take in
viewing small cetaceans, with a (Tursiops sp.) abundance resulting from commercial fisheries. Such activities
particular emphasis on Hawaiian long-term exposure to dolphin tour require a permit or authorization, which
spinner dolphins (Stenella longirostris), operations (Bejder et al., 2006; Bejder et may be issued after a thorough agency
which can be routinely found close to al., In press). While there are some review. In some cases, the activities
shore in shallow coves and bays major differences between bottlenose requiring a permit and receiving agency
throughout the main Hawaiian Islands. dolphins and spinner dolphins, their review (e.g., photo identification
rmajette on PROD1PC67 with NOTICES1
NMFS has received an increasing responses to exposure to tour operations research) are significantly less intrusive
number of complaints from constituents would likely be similar. The authors than certain known tourist activities
charging that spinner dolphins are being suggest that similar declines would be (e.g., swimming with wild dolphins).
routinely disturbed by people devastating for small, closed, resident, However, the MMPA does not provide
attempting to closely approach and or endangered cetacean populations like an exception to the ‘‘take’’ prohibition
interact with the dolphins by vessel spinner dolphins. for commercial or recreational wildlife
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Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices 57925
about spinner dolphin disturbance, the impact on ocean users. Exemptions prohibited by the MMPA and its
NMFS published an Advance Notice of within certain bays for harbors transit implementing regulations, but would
Proposed Rulemaking (ANPR) on (ingress and egress of vessels), also prohibit other specified human
December 12, 2005 (70 FR 73426) to traditional cultural practices, fishing activities, such as swimming with
alert the public that it would be activities, emergency situations, and spinner dolphins. This alternative
considering whether to implement other activities would be considered. would also prohibit specified watercraft
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57926 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Notices
(motor vessels, personal thrillcraft, and M. Krutzen. In press. Decline in DEPARTMENT OF COMMERCE
kayaks, etc.) activities, such as placing relative abundance of bottlenose
a vessel in the predictable path of dolphins exposed to long-term National Oceanic and Atmospheric
spinner dolphins in order to facilitate an disturbance. Conservation Biology, in Administration
encounter; as well as regulate watercraft press. [I.D. 092506C]
travel (e.g., speed restrictions) within
Clark, J.L. 2006. Hawai’i Wildlife
spinner dolphin resting areas. Marine Mammals; File No. 978–1857
Viewing Guide. Adventure Publications,
Alternative 4 Cambridge, Minnesota. 179 pp. AGENCY: National Marine Fisheries
Alternative 4 would adopt a very Danil, K., D. Maldini, and K. Marten. Service (NMFS), National Oceanic and
restrictive approach by identifying all 2005. Patterns of use of Maku’a Beach, Atmospheric Administration (NOAA),
known spinner dolphin resting areas in O’ahu, Hawai’i, by spinner dolphins Commerce.
the main Hawaiian Islands and institute (Stenella longirostris) and potential ACTION: Notice; receipt of application.
a complete closure in these areas to all effects of swimmers on their behavior.
commercial and non-commercial SUMMARY: Notice is hereby given that
Aquatic Mammals, 31(4): 403–412.
activities. Exemptions within certain Paul Nachtigall, Ph.D., Hawaii Institute
bays for harbors transit (ingress and Duda, Mark D. 1995. Watching of Marine Biology, University of Hawaii,
egress of vessels) and emergency Wildlife: Tips, Gear and Great Places for P.O. Box 1106, Kailua, HI 96734, has
situations would be considered. Enjoying America’s Wild Creatures. applied in due form for a permit to
Falcon Press Publishing Co., Helena and conduct research on captive cetaceans.
Public Involvement and the Scoping Billlings, MT. 117 pp. DATES: Written, telefaxed, or e-mail
Process
Marine Mammal Protection Act of comments must be received on or before
NMFS’ intent is to afford an 1972. 16 U.S.C. et seq. and 50 CFR part November 1, 2006.
opportunity for the public to participate
216. ADDRESSES: The application and related
in this process, including interested
Norris, K.S. and T.P. Dohl. 1980. documents are available for review
citizens, commercial operators, and
Behavior of the Hawaiian spinner upon written request or by appointment
environmental organizations; any
dolphin, Stenella longirostris. Fishery in the following office(s):
affected low-income or minority Permits, Conservation and Education
populations; affected local state, and Bulletin, 77(4): 821–849.
Division, Office of Protected Resources,
Federal agencies; and any other agencies Norris, K.S., B. Wursig, R.S. Wells, NMFS, 1315 East-West Highway, Room
with jurisdiction or special expertise S.M. Brownlee, C. Johnson, and J. 13705, Silver Spring, MD 20910; phone
concerning environmental impacts to be Solow. 1985. The behavior of the (301)713–2289; fax (301)427–2521; and
addressed in the EIS. Hawaiian spinner dolphin, Stenella Pacific Islands Region, NMFS, 1601
NMFS will hold public scoping
longirostris. NMFS Southwest Fisheries Kapiolani Blvd., Rm 1110, Honolulu, HI
meetings and accept oral and written
Science Center Administrative Report 96814–4700; phone (808)973–2935; fax
comments on the scope of issues that
No. LJ–85–06C. 213 pp. (808)973–2941.
should be addressed in the EIS; to
Oberbillig, D.E. 2000. Providing Written comments or requests for a
determine the issues of concern with
positive Wildlife Viewing Experiences: public hearing on this application
respect to practical considerations
should be mailed to the Chief, Permits,
involved in applying the proposed A Practical Handbook. Watchable
Conservation and Education Division,
regulations; to identify relevant Wildlife, Inc., Colorado Division of
F/PR1, Office of Protected Resources,
environmental and socioeconomic Wildlife Publication. 68 pp. NMFS, 1315 East-West Highway, Room
issues to be addressed in the analysis; Wells, R.S. and K.S. Norris. 1994. The 13705, Silver Spring, MD 20910. Those
and to determine whether NMFS is island habitat. In: K.S. Norris, B. individuals requesting a hearing should
addressing the appropriate range of Wursig, R.S. Wells, and M. Wursig set forth the specific reasons why a
alternatives. The public, as well as
(Eds.), The Hawaiian Spinner Dolphin. hearing on this particular request would
Federal, state, and local agencies, are
University of California Press, Berkeley. be appropriate.
encouraged to participate in this
Pp.31–53. Comments may also be submitted by
scoping process. The dates and
Wursig, B., R.S. Wells, K.S. Norris, facsimile at (301)427–2521, provided
locations of these meetings appear in
the facsimile is confirmed by hard copy
this Federal Register notice (See and M. Wursig. 1994. A spinner
submitted by mail and postmarked no
SUPPLEMENTARY INFORMATION). The dolphin’s day. In: K.S. Norris, B.
later than the closing date of the
agency also invites the public to submit Wursig, R.S. Wells, and M. Wursig
comment period.
comments by e-mail or regular mail (See (Eds.), The Hawaiian Spinner Dolphin. Comments may also be submitted by
ADDRESSES). University of California Press, Berkeley. e-mail. The mailbox address for
Authority: Authority: 16 U.S.C. 1361 et Pp. 65–102. providing e-mail comments is
seq. Dated: September 26, 2006. NMFS.Pr1Comments@noaa.gov. Include
References Samuel D. Rauch III, in the subject line of the e-mail
Deputy Assistant Administrator for
comment the following document
Bejder, L., Samuels, A., Whitehead, H.
Regulatory Programs, National Marine identifier: File No. 978–1857.
and Gales, N. 2006. Interpreting short-
term behavioural responses to Fisheries Service. FOR FURTHER INFORMATION CONTACT:
disturbance within a longitudinal [FR Doc. E6–16202 Filed 9–29–06; 8:45 am] Amy Sloan or Dr. Tammy Adams,
(301)713–2289.
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