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Federal Register / Vol. 71, No.

86 / Thursday, May 4, 2006 / Notices 26351

Sarasota, FL. An expert panel reviewed Commission also mentioned the assessment); when resources are
this stock structure in 2000 and desirability of having satellite or VHF available to support such observers,
recommended retaining the current radio tagged seal studies used to NMFS will place them in the fishery.
stock structure until there is scientific determine haulout correction factors for Comment 86: The report for Southern
support for changing it. aerial surveys. Resident Killer Whales should include
Comment 79: At least one false killer Response: Correction factors for information about the population
whale, Gulf of Mexico stock, was killed California harbor seal counts were viability analyses that were conducted
as a result of human interactions (the specifically developed for surveys to support the proposal to list the stock
1999 stranding) within the 1999–2003 where counts are made during the peak as threatened.
period evaluated in the report, resulting molt season. In other regions, harbor Response: The analyses are described
in at least 0.2 takes/year. If that seal counts are made during peak in full in the reports of the status
observed rate is adjusted to account for pupping season, and the correction reviews for this stock of killer whales
the likelihood that stranding records factors used for those counts reflect the (one in 2002 and a second in 2004);
underestimate actual takes, the rate specific count methodology used. The these reports are cited in the SAR. The
could exceed 10 percent of PBR (0.61). time series of California harbor seal purpose of the SAR is to present a brief
Therefore, it seems inappropriate to counts reflects counts during peak molt summary of the status of the stock with
conclude that false killer whale takes and remain consistent with past years emphasis on abundance, trend, human-
are approaching the ZMRG. for the purpose of not introducing bias caused mortality and serious injury, and
Response: NMFS agrees that into the trend data. Correction factors status. Each report contains an extensive
incidental mortality of this stock may be based on VHF radio tagging are being list of literature cited to guide interested
underestimated and that the conclusion developed by Dr. Jim Harvey at Moss readers to the details supporting the text
may be incorrect. NMFS and the Landing Marine Laboratories in in the SAR. In this case, interested
appropriate SRG jointly evaluate SARs California. Some of the data used in readers may read the status review for
prior to release for public review and these correction factors were collected a discussion of the analyses used in
comment and did so in this case. NMFS in tandem with harbor seal aerial assessing the ‘‘species’’ status under the
and the SRG will evaluate the surveys conducted by NMFS in 2004. ESA. The reports of the status reviews
appropriateness of the conclusion at the Comment 83: Figure 3, which shows are available on the Internet at the
next meeting (currently scheduled in annual net productivity and a non- following address: http://
January 2007), and, if necessary, NMFS significant regression on these data www.nwr.noaa.gov, under the tabs,
would alter the conclusion in the next since 1982, should be removed. ‘‘Marine Mammals’’ and ‘‘Killer
revision of the affected SAR. Response: NMFS will keep the figure Whales’’.
Comment 80: The reports for beaked in the current SAR for this stock, as the Dated: April 28, 2006.
whale stocks in the Gulf of Mexico data, though not significant, are still Donna Wieting,
should be revised to clarify the important in demonstrating how annual
Deputy Director, Office of Protected
relationship of the various population variability in net production can vary Resources, National Marine Fisheries Service.
estimates, particularly the estimate for widely even for a well-studied stock.
Comment 84: It was not clear if the [FR Doc. E6–6766 Filed 5–3–06; 8:45 am]
unidentified Ziphiids. For example, it BILLING CODE 3510–22–S
seal shootings mentioned in the draft
seems that the total abundance of all
SAR were seals that were shot at sea and
beaked whales would be the sum of the
drifted to shore or whether they were
estimates for Cuvier’s beaked whales DEPARTMENT OF COMMERCE
shot while ashore. Such shooting is
(95), Mesoplodon sp. (106), and
evidence for the need of increased National Oceanic and Atmospheric
unidentified Ziphiids (146), or 347 total
enforcement. Administration
beaked whales. Similarly, the total Response: It is difficult to determine
abundance of Cuvier’s beaked whales the geographic origin of shootings in [I.D. 033006B]
could be as large as the sum of the harbor seals (or other marine mammals),
estimates for Cuvier’s beaked whales. as carcasses are often decomposed, and Atlantic Highly Migratory Species;
The reader can infer the relationships, it is unclear how long a carcass may Scientific Research Permit
but minor text edits would provide have been on the beach. NMFS agrees AGENCY: National Marine Fisheries
clarity. that increased enforcement would
Response: The Gulf of Mexico SARs Service (NMFS), National Oceanic and
benefit the conservation of marine Atmospheric Administration (NOAA),
will be modified in the 2006 SAR for
mammals and other living marine Commerce.
consistency with the Atlantic U.S. coast
resources. When additional resources ACTION: Notice; request for a scientific
SARs, to include combined estimates of
are available, NMFS will expand research permit; request for comments.
undifferentiated beaked whales.
enforcement efforts along with other
Comment 81: For pygmy Sperm SUMMARY: NMFS announces the receipt
aspects of marine mammal
whale, Northern Gulf of Mexico stock, of a request for a scientific research
conservation.
the report should indicate whether any Comment 85: Observers should be permit (SRP) to survey and determine
stranding showed evidence of human placed in the ‘‘large mesh drift gillnet abundance and distribution of pelagic
interactions. fishery’’ that takes harbor seals. sharks, inject pelagic sharks with
Response: The report has been revised Response: The comment actually tetracycline for age validation studies,
to include the number of strandings refers to the small mesh set gillnet track the survival and movement of
with evidence of human interaction. fishery for halibut and angel shark. Highly Migratory Species (HMS) with
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Comments on Pacific Regional Reports NMFS agrees that having regular conventional and satellite pop-up tags
observer coverage in many fisheries in the Atlantic Ocean, and collect
California Harbor Seal would enhance the ability to assess the biological samples. While this research
Comment 82: Correction factors for status of marine mammals (see response will occur in waters from the Gulf of
harbor seal haulout behavior should be to Comment 9 regarding a requirements Maine to Delaware, NMFS invites
standardized throughout NMFS. The plan for protected species stock comments from interested parties on

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26352 Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices

this SRP request with regards to tagging The data collected should support For each fish caught and tagged, the
and biological sampling of HMS (sharks, current research on thresher shark life researchers would record species,
blue and white marlin, and bluefin and history and blue shark and shortfin estimated length and weight, and GPS
yellowfin tuna) in the Northeastern mako food habits. location in addition to sea surface
United States closed area. The NEFSC would be conducting its temperature, and any other data
DATES: Written comments on the research at historical survey locations. archived by the PSATs. These data
application for a scientific research Prior research indicates that these would be used for migration studies on
permit must be received by 5 p.m. on species follow temperature gradients billfish, bluefin tuna, and yellowfin
May 18, 2006. offshore from New Jersey and then move tuna. For all incidental mortalities, data
ADDRESSES: You may submit comments northward towards the Gulf of Maine. would be collected, such as length,
by any of the following methods: The survey would consist of a total of weight, samples for isotope work,
• Email: SF1.033006B@noaa.gov. 20 sets over 11 days that proceed from otolith and aging samples, blood
Include in the subject line the following south to north placing sets at the shelf, samples, and gonad samples. However,
identifier: I.D. 033006B. slope, northwall, and Gulfstream because the researchers would be
• Mail: Margo Schulze-Haugen, Chief, stations at 50 mile intervals coincident targeting shark species, few incidental
Highly Migratory Species Management with oceanographic canyon stations that mortalities of other HMS are expected
Division (F/SF1), NMFS, 1315 East-West were sampled in earlier cruises. from these surveys based on previous
Highway, Silver Spring, MD 20910. Approximately 10 sets will be placed survey results. Based on past data for
Please mark the outside of the envelope within the Northeastern U.S. closed the month of June and the estimated
‘‘Comments on SRP Application.’’ area. This research would also compare fishing effort for the 11 day cruise (20
• Fax: (301)427–2590 previous catch data with catch rates of total sets of 400 hooks per set for a total
FOR FURTHER INFORMATION CONTACT: these species using 9/0 (#40) Japanese of 8,000 hooks), the researchers
Jackie Wilson, by phone: (404)806– tuna hooks to catch rates using 16/0 anticipate that they will catch 812 blue
7622; fax: (404)806–9188. non-offset circle hooks, and catch rates sharks, Prionace glauca, 32 sandbar
SUPPLEMENTARY INFORMATION: Scientific and bait retention with 18/0 non-offset sharks, Carcharhinus plumbeus, 12
Research Permits are requested and barbless circle hooks. shortfin mako sharks, Isurus oxyrhincus,
issued under the authority of the While the NEFSC would be fishing nine swordfish, Xiphias gladius, five
Atlantic Tunas Convention Act (16 primarily for sharks, the researchers thresher sharks, Alopias vulpinus, two
U.S.C. 971 et seq.), which regulates would use Southeast Fisheries Science dusky sharks, Carcharhinus obscurus,
fishing activities of tunas, swordfish, Center tags to tag any live, incidentally one yellowfin tuna, Thunnus albacares,
and billfish. Regulations at 635.32 caught Atlantic blue marlin, Makaira one porbeagle shark, Lamna nasus, one
govern scientific research activity, nigricans, and white marlin, tiger shark, Galeocerdo cuvier, one
exempted fishing, and exempted Tetrapturus albidus. In addition, in bluefin tuna, Thunnus thynnus, and one
educational activity with respect to collaboration with Dr. Molly Lutcavage hammerhead shark, Sphyrna spp.
Atlantic HMS. Scientific research is from the University of New Hampshire, The research would be conducted
exempted from regulation under the the NEFSC would deploy pop-up from May 30, 2006, through June 9,
Magnuson-Stevens Fishery satellite archival tags (PSATs) on any 2006, throughout the area mentioned
Conservation and Management Act (16 live, incidentally caught bluefin tuna, above. Research would be conducted
U.S.C. 1801 et seq.) (Magnuson-Stevens Thunnus thynnus, and yellowfin tuna, onboard the National Oceanographic
Act), which regulates fishing activities Thunnus albacares. The timing of the Atmospheric Administration’s
of sharks. survey is seasonally early in terms of (NOAA’s) Fisheries Research Vessel, the
The Northeast Fisheries Science billfish availability, and bycatch rates Delaware II (R–445). Collection of HMS
Center (NEFSC) in Narragansett, Rhode are expected to be very low since would occur with traditional Yankee
Island has requested a SRP to conduct surface water temperatures will likely pelagic longline gear consisting of a
a research in Federal waters between be too cold for billfish and sea turtles on gangion of approximately 6 feet (1.83 m)
Delaware and the Gulf of Maine (38°00′ the vast majority of the stations. While of 0.125–inch (0.320 cm) diameter
N to 41°00′ N), including the bluefin tuna may be incidentally stainless wire leader attached to 18 feet
Northeastern U.S. closed area. Previous captured if a survey station is located (5.49 m) of 0.25–inch (0.640 cm)
shark surveys have occurred in this area within a warm core ring, the number diameter braided nylon line with a
prior to the implementation of the caught will probably be very low stainless steel line clip at the nylon end.
Northeastern U.S. closed area. This because sets are shorter in duration, the Approximately 133, 16/0 non-offset
research would include a survey and amount of gear set is about half the size circle hooks would be alternated with
tagging study of pelagic sharks, of a commercial set, and it is unlikely 133, 9/0 (#40) Japanese tuna hooks, and
including shortfin mako sharks, Isurus that there would be more than two 134, 18/0 non-offset barbless circle
oxyrinchus, common and bigeye stations within rings on this cruise. If hooks for a total of 400 hooks per set.
thresher sharks, Alopia vulpinus and A. the researchers catch five bluefin tuna Hooks would be baited with mackerel.
superciliosus, blue sharks, Prionace and/or three loggerhead or leatherback The mainline would consist of 0.31 inch
glauca, and porbeagle sharks, Lamna sea turtles on a given set, they will diameter braided nylon or
nasus, to obtain abundance and retrieve the gear and move out of the monofilament with polyform floats with
distribution information on these area. These oceanographic conditions five fathom droppers attached to the
species. In addition, this research would have been surveyed in the past, and this floats would be used at 10 hook
include injecting tagged sharks with sampling opportunity might allow for intervals to support the longline, and
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tetracycline for age validation studies. critical PSAT deployments prior to the each end of the longline would be
Biological samples would be taken from inshore migrations of bluefin tuna. marked with a both a polyform float and
some species of sharks, including These deployments would provide a 20–foot (6.10 m) staff buoy with radar
samples for age studies, stomach critical data on bluefin tuna behavior reflectors, flashers (at night), and
samples for food and feeding during the migratory transition from weights for stability. The soak time
information, and reproductive samples. offshore to inshore feeding grounds. would vary, but would be no more than

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Federal Register / Vol. 71, No. 86 / Thursday, May 4, 2006 / Notices 26353

a couple of hours to minimize and swordfish (50 CFR 635.24), catch promoting the development,
incidental mortalities of non-target and release (50 CFR 635.26), demonstration, and use of technology,
species. commercial quotas (50 CFR 635.27), (2) support educational media services
Sea turtle handling and release closures (50 CFR 635.28), possession at activities designed to be of educational
equipment and instructions will be sea and landing (50 CFR 635.30), and value in the classroom setting to
onboard the vessel at all times while VMS (50 CFR 635.69). children with disabilities, and (3)
engaged in this research activity. Authority: Authority: 16 U.S.C. 971 et seq. provide support for captioning and
Additionally, the research team is and 16 U.S.C. 1801 et seq. video description that is appropriate for
trained and experienced in sea turtle use in the classroom setting.
handling and release techniques. Past Dated: April 25, 2006.
Priority: In accordance with 34 CFR
research has also associated sea turtle Alan D. Risenhoover, 75.105(b)(2)(iv) and (v), this priority is
interactions and other bycatch species Acting Director, Office of Sustainable from allowable activities specified in
with certain oceanographic features, Fisheries, National Marine Fisheries Service. the statute, or otherwise authorized in
such as warm core rings. Because the [FR Doc. E6–6767 Filed 5–3–06; 8:45 am] the statute (see sections 674 and 681(d)
goal of this research would be to tag and BILLING CODE 3510–22–S of the Individuals with Disabilities
collect information on the abundance Education Act (IDEA)).
and distribution of sharks, the Absolute Priority: For FY 2006 this
researchers would limit their activity in DEPARTMENT OF EDUCATION priority is an absolute priority. Under 34
these areas to reduce potential CFR 75.105(c)(3), we consider only
interactions with sea turtles and other Office of Special Education and applications that meet this priority.
non-targeted species. Rehabilitative Services; Overview This priority is:
Based on NMFS’ initial review, NMFS Information; Technology and Media
believes that this research would be Services for Individuals With Technology and Media Services for
excluded from the requirement to Disabilities—Captioned and Described Individuals With Disabilities—
prepare either an Environmental Educational Media: Selection, Closed Captioned and Described Educational
Assessment or Environmental Impact Captioning, Video Description, and Media: Selection, Closed Captioning,
Statement pursuant to the National Distribution; Notice Inviting Video Description, and Distribution
Environmental Policy Act because it is Applications for New Awards for Fiscal Priority
of limited size and magnitude and is not Year (FY) 2006
expected to have significant effects This priority supports one cooperative
individually or cumulatively on the Catalog of Federal Domestic Assistance
agreement, for the selection, acquisition,
environment. As noted above, limited (CFDA) Number: 84.327N. closed captioning, video description,
numbers of incidental interactions and/ and distribution of free educational
Dates: Applications Available: May 4, media through such mechanisms as a
or mortalities are anticipated to occur 2006.
while conducting this research. While loan service. The educational media are
Deadline for Transmittal of to be used in classroom settings by
scientific research is not regulated Applications: June 12, 2006.
under the Magnuson-Stevens Act, students with hearing or vision
Deadline for Intergovernmental
NMFS would track and monitor all impairments and teachers and
Review: August 11, 2006.
sources of mortalities for sharks. Any Eligible Applicants: State educational paraprofessionals who are directly
mortalities of ATCA regulated species agencies (SEAs); local educational involved in elementary or secondary
(i.e., billfish and tuna) would be agencies (LEAs); public charter schools classroom activities for these students.
counted against the appropriate quotas, that are LEAs under State law; This priority would ensure that students
and active measures will be taken to institutions of higher education (IHEs); who have hearing or vision impairments
minimize interactions and mortalities of other public agencies; private nonprofit will benefit from the same educational
these non-target species. Further, all fish organizations; outlying areas; freely media used to enrich the educational
tagged would be released alive, with associated States; Indian tribes or tribal experiences of students who do not
minimal or no post-release mortality organizations; and for-profit have hearing or vision impairments.
anticipated. However, if any HMS die organizations. The project must:
during the collection and/or tagging Estimated Available Funds: (a) Develop strategies and procedures
process, age structures (otoliths), $1,500,000. to be used in identifying program titles
stomachs, blood samples, samples for Maximum Award: We will reject any that meet the needs of elementary and
isotope work, and reproductive tissues application that proposes a budget secondary schools and submit lists of
would be sampled. exceeding $1,500,000 for a single budget these program titles to OSEP for
This research may benefit fishery period of 12 months. The Assistant approval.
managers and scientists by providing Secretary for Special Education and (b) Obtain media from producers and
additional data on the importance of the Rehabilitative Services may change the distributors identified under paragraph
Northeastern U.S. closed area ecosystem maximum amount through a notice (a) for screening, evaluation, and, if
in the management and conservation of published in the Federal Register. necessary, closed captioning and video
HMS in the Atlantic Ocean. Number of Awards: 1. description. After screening and
The regulations that would prohibit evaluating these media, select those that
Note: The Department is not bound by any
the proposed activities include estimates in this notice.
closely match the needs of elementary
requirements for permits and fees (50 and secondary schools, taking into
CFR 635.4), vessel reporting (50 CFR Project Period: Up to 60 months. account the media most commonly used
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635.4), size limits (50 CFR 635.20), Full Text of Announcement in school districts across the nation.
fishing in a closed area (50 CFR (c) Make arrangements with producers
635.21(c)(i)), hook requirements (50 CFR I. Funding Opportunity Description and distributors to purchase, distribute,
635.21(c)(5)(iii)(C)), retention limits for Purpose of Program: The purpose of and if necessary, closed caption and
bluefin tuna (50 CFR 635.23), this program is to: (1) Improve results describe selected media, including
commercial retention limits for sharks for children with disabilities by distribution in alternate formats. Closed

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