Notices. Notice of intent; request for comments

5,799 words·~26 min read·/register/2006/11/27/06-9392

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODES 3510-22-S, 4310-55-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 101206B] Magnuson-Stevens Act Provisions; Atlantic Highly Migratory Species; Exempted Fishing, Scientific Research, Display Permits, and Chartering Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of intent; request for comments. SUMMARY: NMFS announces its intent to issue Exempted Fishing Permits (EFPs), Scientific Research Permits (SRPs), Display Permits, Letters of Acknowledgment

(LOAs)and Chartering Permits for the collection of Atlantic highly migratory species

(HMS)in 2007. In general, EFPs, SRPs, Display Permits, and Chartering Permits would authorize collections of a limited number of Atlantic tunas, swordfish, billfishes, and sharks from Federal waters in the Atlantic Ocean and Gulf of Mexico for the purposes of scientific data collection and public display. The issuance of EFPs to Atlantic billfishes tournaments for the use of J-hooks to fish for blue marlin is also discussed in this notice. Typically, EFPs, SRPs, LOAs, Display Permits, and Chartering Permits would be valid from the date of issuance through December 31, 2007. DATES: Written comments on these collection, research, and fishing activities will be considered by NMFS when issuing EFPs, SRPs, Display Permits, and/or Chartering Permits if received on or before December 27, 2006. ADDRESSES: Comments may be submitted by any of the following methods: • Email: *SF1.101206B@noaa.gov* . Include in the subject line the following identifier: “I.D. 101206B”. • Mail: Margo Schulze-Haugen, Chief, Highly Migratory Species Management Division (F/SF1), NMFS, 1315 East-West Highway, Silver Spring, MD 20910. • Fax:

(301)713-1917. FOR FURTHER INFORMATION CONTACT: Jackie Wilson, by phone:

(404)806-7622; or by fax:

(404)806-9188; or Chris Rilling or Karyl Brewster-Geisz, by phone:

(301)713-2347; or by fax:

(301)713-1917. SUPPLEMENTARY INFORMATION: EFPs, SRPs, Display Permits, and Chartering Permits are requested and issued under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 *et seq.* ) and/or the Atlantic Tunas Convention Act

(ATCA)(16 U.S.C. 971 *et seq.* ). Regulations at 50 CFR 600.745 and 635.32 govern scientific research activity, exempted fishing, chartering arrangements, and exempted educational activity with respect to Atlantic HMS. Scientific research is exempted from regulation under the Magnuson-Stevens Act, so NMFS does not issue EFPs for bonafide research activities (i.e., research conducted from a research vessel and not a commercial or recreational fishing vessel) involving species solely regulated under the Magnuson-Stevens Act. However, NMFS requests copies of scientific research plans, and NMFS indicates concurrence by issuing an LOA to researchers to indicate that the proposed activity meets the definition of research and is therefore exempt from regulation. Scientific research is not exempt under ATCA. Therefore, NMFS issues SRPs involving ATCA regulated species to researchers operating from bonafide research vessels, and EFPs to researchers operating from commercial or recreational fishing vessels. Issuance of EFPs, SRPs, and Display Permits may be necessary for the collection of scientific data and for public display because the possession of certain species or size of HMS are prohibited, possession of billfishes on board commercial fishing vessels is prohibited, and/or because the commercial fisheries for bluefin tuna and large coastal sharks may be closed for extended periods, during which time the collection of live animals and/or biological samples would be otherwise prohibited. NMFS regulations at 50 CFR 635.32 regarding the implantation or attachment of archival tags in Atlantic HMS require prior authorization and a report on collection and implantation activities. NMFS seeks public comment on its intent to issue EFPs for the purpose of collecting biological samples under at-sea fisheries observer programs. NMFS intends to issue EFPs to the Northeast and Southeast Observer programs to allow any NMFS employee or NMFS-approved contractor/observer to bring onboard and possess (for scientific research purposes, biological sampling, measurement, etc.) any Atlantic tuna, swordfish, shark, or billfish provided the fish is a tagged and recaptured fish, dead prior to being brought onboard, or specifically authorized for sampling by the Director of NMFS' Office of Sustainable Fisheries at the request of the Southeast Fisheries Science Center or the Northeast Fisheries Science Center. On average, several hundred swordfish and sharks are collected by at-sea observers under such EFPs in any given year. Collection of bluefin tuna for age and growth, genetic, and spawning information by at-sea-observers began in 2005. NMFS received public comments on the final Environmental Impact Statement for the final Consolidated HMS Fishery Management Plan regarding the new requirement for billfish tournaments to use only circle hooks when fishing natural baits and natural bait/artificial lure combinations (October 2, 2006; 71 FR 58058). The commenters claimed that circle hooks are not necessary to reduce post-release injury and mortality of blue marlin when fishermen use either natural bait/artificial lure combinations or with heavy tackle (line test > 80 lb) trolling at fast speeds. In response to comments, NMFS stated that it would issue EFPs for billfish tournaments to collect additional scientific data on the impacts of J-hooks when fishing for blue marlin. NMFS has received comments during the HMS Advisory Panel meeting (October 3-4, 2006) as well as from billfish tournament directors that tournaments are not appropriate venues to collect scientific data due to the lack of standardized fishing practices and tournament operations. Accordingly, NMFS is continuing to examine more appropriate means of obtaining scientific data on the impacts of J-hooks when fishing for blue marlin. As such, NMFS is still considering the value of issuing EFPs to tournaments for this type of data collection. The Agency's decision on the issuance of these EFPs as well as alternative avenues NMFS might pursue to evaluate the impacts of J-hooks when fishing for blue marlin will be published in a future **Federal Register** notice. NMFS is also seeking public comment on its intent to issue Display Permits for the collection of restricted species of sharks for public display in 2007. In the final 1999 Fishery Management Plan

(FMP)for Atlantic Tunas, Swordfish, and Sharks (1999 FMP), NMFS established a 60 metric ton wet weight quota for the public display and research of sharks (combined). NMFS preliminarily determined that, based on average weight of sharks landed, approximately 3,000 sharks could be taken with this current quota. The actual number of sharks taken depends on the species and size of the sharks collected. NMFS believes that harvesting this amount for public display will have a minimal impact on the stock and that the number of sharks harvested for display and research will remain under the annual 60 metric ton quota. Future rulemaking may re-evaluate this quota in light of the results of recent shark stock assessments. Specifically, landings of sandbar sharks and dusky sharks collected under the auspices of an EFP, SRP, Display Permit, or LOA may be restricted more in 2007 than in previous years given the results of the shark stock assessments. In 2006, eight Display Permits were issued, authorizing the collection of 292 large coastal, 156 small coastal, and 64 prohibited sharks for display purposes. The total number reported as actually taken will not be known until early 2007. In 2005, of the 258 large coastal, 60 small coastal, and 72 prohibited sharks authorized for collection via the issuance of seven Display Permits, only 37 large coastal sharks, 53 small coastal sharks (48 of which were Atlantic sharpnose), and 4 prohibited species were reported taken from Federal waters. In 2005, 2.22 percent of the shark display and research quota was used for public display collections. Authorized collections or exemptions may involve activities otherwise prohibited by regulations implementing the final Consolidated HMS FMP (October 2, 2006; 71 FR 58058). Display Permits, SRPs, and EFPs, if issued, may authorize recipients to fish for and possess tunas, billfish, swordfish, and sharks outside the applicable Federal commercial seasons, size limits and/or retention limits; to fish for and possess prohibited species; or to fish for and possess HMS collected for research purposes in closed areas. NMFS may consider exempted fishing applications for bycatch reduction research in closed regions of the Atlantic Ocean, Gulf of Mexico, and Caribbean Sea to test gear modifications and fishing techniques aimed to avoid incidental capture of non-target species. Any proposed research activities must be consistent with all applicable laws and regulations. NMFS will seek additional public comment on proposals that may be deemed controversial unless the research is being conducted by NOAA scientific researchers from bonafide NOAA research vessels. Comments are also requested on the issuance of Chartering Permits to vessels fishing for HMS while operating under chartering arrangements within the EEZ of other nations. Chartering Permits allow a U.S. fishing vessel to fish in a manner consistent with another country's regulations without violating U.S. regulations and ensure that such vessels report to the proper authorities, consistent with International Commission for the Conservation of Atlantic Tunas (ICCAT) recommendations. To date, NMFS has only issued one Chartering Permit for a pelagic longline vessel. Table 1 summarizes the number of exempted permits and authorized collections in 2005 and 2006, as well as the number of specimens collected in 2005. The number of specimens collected in 2006 will be available when all of the 2006 annual reports are submitted to NMFS in early 2007. In 2005, the number of specimens collected were greater than the number of authorized specimens for Billfish EFPs. This was due to more larvae from plankton tows and whole swordfish from commercial pelagic longline vessels being collected than anticipated by scientific researchers. Otherwise, the number of specimens collected was less than the number of authorized specimens. In all cases, mortality associated with an EFP, SRP, Display Permits, or LOA (except for larvae) were counted against the appropriate quota. A total of 32 exempted permits were issued by NMFS in 2005 for the collection of HMS, whereas the number of permits issued in 2006 increased to 37 permits. In both 2005 and 2006, the greatest number of exempted permits issued were Tuna EFPs followed by Shark Display Permits. HMS SRPs had the greatest number of specimens authorized for collection in 2005 and 2006 (mainly for the collection of 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 Number of Permits Issued Number of Authorized Fish Number of Authorized Larvae Number of Fish Taken Number of Larvae Taken 2006 Number of Permits Issued Number of Authorized Fish Number of Authorized Larvae EFP HMS 3 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 2 175 450 190 1 616 2 3 179 0 SRP HMS 3 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 HMS 3 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 LOA 4 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 EFPs, SRPs, Display Permits, and Chartering Permits will depend on the submission of all required information about the proposed activities, NMFS' review of public comments received on this notice, consistency with relevant applicable laws and regulations, and any consultations with appropriate Regional Fishery Management Councils, states, or Federal agencies. All requests for EFPs, SRPs, Display Permits, and Chartering Permits of a type or nature not addressed in this **Federal Register** notice will have a separate notice filed and separate public comment period. Authority: 16 U.S.C. 971 *et seq.* and 16 U.S.C. 1801 *et seq.* Dated: November 21, 2006. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-20004 Filed 11-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 112006E] Mid-Atlantic Regional Fishery Management Council; Public Meetings AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. SUMMARY: The Mid-Atlantic Regional Fishery Management Council (Council); its Joint Dogfish Committee; its Ecosystems Committee; and, its Squid, Mackerel, Butterfish Committee will hold public meetings. DATES: The meetings will be held on Tuesday, December 12, 2006 through Thursday, December 14, 2006. See SUPPLEMENTARY INFORMATION for specific dates and times and a meeting agenda. ADDRESSES: This meeting will be held at the Skyline Hotel, 725 10th Ave, New York, New York 10019; telephone:

(212)586-3400. *Council address* : Mid-Atlantic Regional Fishery Management Council, 300 S. New Street, Dover, DE 19904; telephone:

(302)674-2331. FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, Executive Director, Mid-Atlantic Regional Fishery Management Council; telephone:

(302)674-2331, extension 19. SUPPLEMENTARY INFORMATION: Tuesday, December 12, 2006 *8 a.m. until 9:30 a.m.* - The Joint Dogfish Committee will meet to review actions taken by the Atlantic States Marine Fisheries Commission (ASMFC) regarding dogfish management and their impacts on federal management of dogfish. *9:30 a.m. until 12 noon* - The Council will convene jointly with the ASMFC's Summer Flounder, Scup, and Black Sea Bass Board. They will review and discuss the Monitoring Committee's and the Advisory Panel's recommendations on summer flounder recreational management measures, and develop and approve management measures for the 2007 summer flounder recreational fishery. *1 p.m. until 3 p.m.* - The Council and the ASMFC will review and discuss the Monitoring Committee's and the Advisory Panel's recommendations on scup recreational management measures and develop and approve management measures for the 2007 scup recreational fishery. *3 p.m. until 5 p.m.* - The Council and the ASMFC will review and discuss the Monitoring Committee's and the Advisory Panel's recommendations on black sea bass recreational management measures and develop and approve management measures for the 2007 black sea bass recreational fishery. *7 p.m. until 9 p.m.* - The Council will host a public hearing to be convened by the New England Regional Fishery Management Council regarding its Amendment 16 to the Northeast Multispecies Fishery Management Plan (FMP). Wednesday, December 13, 2006 *8 a.m. until 9:30 a.m.* - The Ecosystems Committee will meet to: review an initiative to develop a national system of Marine Protected Areas (MPAs), discuss a proposed NMFS Workshop on reducing post-release mortality in recreational fisheries, discuss the ASMFC's establishment of a Multispecies Technical Committee, discuss the Ecosystem-Based Management Tool Network, and discuss the U.S. Navy's Draft Environmental Impact Statement

(DEIS)regarding testing of active sonar in federal waters. *9:30 a.m. until 12 noon* - The Council and ASMFC will discuss Summer Flounder, Scup, and Black Sea Bass FMP issues. An update will be received on the status of Amendment 14 to the Summer Flounder, Scup, and Black Sea Bass FMP (scup rebuilding plan), they will review the revised list of remaining potential management measures to be addressed in Amendment 15 to the FMP to determine the need for future action, and they will discuss and address the implications and effects of any potential disconnect between specifications set by the Council under Magnuson-Stevens Act

(MSA)authority and those set by the ASMFC under the Atlantic Coastal Fisheries Cooperative Management Act (ACFCMA) authority. *1 p.m. until 1:15 p.m.* - There will be an awards presentation to recognize the 2006 Fisheries Achievement Award and Ricks E Savage Award winners. *1:15 p.m. until 2:15 p.m.* - Meeting two of Framework 1 to the Surfclam / Ocean Quahog FMP will convene to review, select, and approve an alternative for implementation of a Vessel Monitoring System (VMS). *2:15 p.m. until 3 p.m.* - A presentation will be received regarding the New England Council's Omnibus Essential Fish Habitat

(EFH)Amendment and its relationship to and effects on Framework 4 to the Joint Monkfish FMP. Following this presentation the Council will approve an appropriate range of Monkfish EFH designations. *3 p.m. until 5:30 p.m.* - The Council will meet to review and approve final actions on Framework 4 to the Monkfish FMP, and review and approve the Monkfish incidental catch limits in the scallop closed areas. *7 p.m. until 9 p.m.* - The Council will host a public hearing to be convened by the NMFS regarding its Omnibus Amendment for Standardized Bycatch Reporting Methodology (SBRM). Note: This hearing was originally scheduled for December 12, 2006 at the same location and time, but was rescheduled to this date, place, and time. Thursday, December 14, 2006 *8 a.m. until 9:30 a.m.* - The Squid, Mackerel, and Butterfish Committee will meet regarding Amendment 10 to the Squid, Mackerel, and Butterfish FMP to review and adopt management alternatives for purposes of rebuilding the butterfish stock. *9:30 a.m.* - The Council will convene. *9:30 a.m. until 10 a.m.* - The Council will receive a presentation regarding a vessel cost survey on fixed costs that is to be incorporated on a voluntary basis in the 2007 vessel permit renewal cycle. *10 a.m. until 2 p.m.* - The Council will conduct its regular business session to approve August and October Council meeting minutes, approve actions from the October meeting, receive various organizational reports, receive Committee reports and address any new or continuing business. Although non-emergency issues not contained in this agenda may come before the Council and its Committees for discussion, these issues may not be the subject of formal Council or Committee action during this meeting. Council and Committee action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act provided the public has been notified of the Council's intent to take final actions to address such emergencies. Special Accommodations These meetings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to M. Jan Bryan at

(302)674-2331 extension 18 at least 5 days prior to the meeting date. Dated: November 20, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-19955 Filed 11-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 101106F] Schedule for Protected Species Safe Handling, Release, and Identification Workshops AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS will conduct an additional Protected Species Safe Handling, Release, and Identification Workshop in December, 2006 in Madeira Beach, FL. These workshops are mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and have also been issued shark or swordfish limited access permits. Vessel owners and operators whose permits expire in January 2007 must attend a workshop in 2006. Additional workshops will be held throughout 2007; however, vessel owners and operators whose permits expire in the winter or spring of 2007 are welcome to attend workshops in 2006. DATES: The added workshop will be held from 9 a.m. to 5 p.m. on December 27, 2006. See SUPPLEMENTARY INFORMATION for a list of all workshops in December 2006. ADDRESSES: The added workshop will be held at the City of Madeira Beach Town Hall, 300 Municipal Drive, Madeira Beach, FL 33708. See SUPPLEMENTARY INFORMATION for a list of all workshops in December 2006. The workshop schedule and a list of frequently asked questions regarding these workshops are posted on the internet at: *http://www.nmfs.noaa.gov/sfa/hms/workshops/* . FOR FURTHER INFORMATION CONTACT: For further information regarding the workshop requirement, please contact Greg Fairclough by phone:(727) 824-5399, or by fax:

(727)824-5398. SUPPLEMENTARY INFORMATION: Effective January 1, 2007, shark limited access and swordfish limited access permit holders that use longline or gillnet gear must submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). As such, vessel owners whose permits expire in January 2007 must attend one of the seven free workshops offered in 2006. Vessel owners and operators whose permits expire after January 2007 may attend a workshop to be scheduled in 2007 or one of the workshops offered in 2006 (see schedule below). Vessel owners and operators must attend a workshop and submit a copy of their certificates at the time of permit renewal. New shark and swordfish limited access permit applicants must attend a Protected Species Safe Handling, Release, and Identification Workshop and submit a copy of their workshop certificate before such permits will be issued. In addition to certifying permit holders, all longline and gillnet vessel operators fishing with a limited access swordfish or limited access shark permit are required to attend a Protected Species Safe Handling, Release, and Identification Workshop. Vessels that have been issued a limited access swordfish or limited access shark permit and that have longline or gillnet gear onboard may not fish unless both the vessel owner and operator have valid workshop certificates. Vessel operators must possess on board the vessel valid workshop certificates for both the vessel owner and the operator at all times. To ensure the workshop certificate is linked to the correct permit, you will need to bring the following items with you to the workshop. *Individual vessel owners must bring:* proof of identification, a copy of the appropriate permit(s), and a copy of the vessel registration or documentation. *Representatives of a business owned or co-owned vessel must bring:* proof that the individual is an agent of the business, a copy of the applicable permit(s), and proof of identification. *Vessel operators must bring:* proof of identification. Participants in the industry-sponsored workshops concerning the safe handling and release of sea turtles that were held in Orlando, FL (April 8, 2005), and New Orleans, LA (June 27, 2005), will be issued a workshop certificate in December 2006 that will be valid for three years. Grandfathered permit holders must include a copy of this certificate when renewing limited access shark and limited access swordfish permits each year. Failure to provide a valid workshop certificate may result in a permit denial. The Protected Species Safe Handling, Release, and Identification Workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. Identification of protected species will also be taught at these workshops in an effort to improve reporting. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal for these workshops is to provide participants the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future. The workshops on December 6, 8, and 14 were previously announced on October 2, 2006 (71 FR 58057). Workshop Dates, Times, And Locations 1. December 6, 2006, from 9 a.m. - 5 p.m. Seminole Community Library at St. Petersburg College, Seminole Campus, 9200 113th Street N., Seminole, FL 33772. 2. December 8, 2006, from 9 a.m. - 5 p.m. Aquatic Release Conservation, 1870 Mason Ave., Daytona Beach, FL 32117. 3. December 14, 2006, from 9 a.m. - 5 p.m. New Orleans Airport Garden Inn, 4535 Williams Blvd., Kenner, LA 70065. 4. December 27, 2006, from 9 a.m. - 5 p.m. City of Madeira Beach Town Hall, 300 Municipal Drive, Madeira Beach, FL 33708. Registration To sign up for a scheduled workshop, please contact Aquatic Release Conservation

(877)411-4272, 1870 Mason Ave., Daytona Beach, FL 32117. Authority: 16 U.S.C. 971 *et seq.* and 1801 *et seq.* Dated: November 20, 2006. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-20003 Filed 11-24-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 111706A] Endangered Species; File No. 1543 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. SUMMARY: Notice is hereby given that Duke Power Company (Gene E. Vaughan, Principal Investigator), 13339 Hagers Ferry Road, Huntersville, North Carolina, 28078 has been issued a permit to conduct scientific research on shortnose sturgeon ( *Acipenser brevirostrum* ). 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 Southeast Region, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701; phone (727)824-5312; fax (727)824-5309. FOR FURTHER INFORMATION CONTACT: Malcolm Mohead or Brandy Hutnak, (301)713-2289. SUPPLEMENTARY INFORMATION: On November 10, 2005, notice was published in the **Federal Register** (70 FR 68398) that a request for a scientific research permit to take shortnose sturgeon had been submitted by Duke Power Company. The requested permit has been issued 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). Duke Power Company proposes to conduct a study of shortnose sturgeon in the Wateree River, South Carolina, as part of the Federal Energy Regulatory Commissions's 2008 relicensing process for the company's Catawba-Wateree Hydropower Project. Up to three adult and/or juvenile shortnose sturgeon are authorized to be captured annually with gill nets to measure, weigh, scan for PIT tags, fin clip and then release. Issuance of this permit, as required by the ESA, was based on a finding that such permit

(1)was applied for in good faith,

(2)will not operate to the disadvantage of the endangered species which is the subject of this permit, and

(3)is consistent with the purposes and policies set forth in section 2 of the ESA. Dated: November 20, 2006. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E6-20007 Filed 11-24-06; 8:45 am] BILLING CODE 3510-22-S CONSUMER PRODUCT SAFETY COMMISSION No FEAR Act Notice AGENCY: Consumer Product Safety Commission. ACTION: Notice. SUMMARY: The Consumer Product Safety Commission (CPSC or Commission) is providing notice to all of its employees, former employees, and applicants for employment about the rights and remedies that are available to them under the Federal antidiscrimination laws and whistleblower protection laws. 1 This notice fulfills CPSC's notification obligations under the Notification and Federal Employees Anti-discrimination Retaliation Act (No FEAR Act), as implemented by Office of Personnel Management

(OPM)regulations. 1 Commissioner Thomas H. Moore filed a statement which is available from the Office of the Secretary or on the Commission's Web site at *http://www.cpsc.gov.* FOR FURTHER INFORMATION CONTACT: Kathleen V. Buttrey, Director, EEO and Minority Enterprise, U.S. Consumer Product Safety Commission, 4330 East-West Highway, Bethesda, Maryland 20814; telephone

(301)504-7771 or e-mail: *kbuttrey@cpsc.gov.* SUPPLEMENTARY INFORMATION: On May 15, 2002, Congress enacted the “Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002,” which is now known as the No FEAR Act. One purpose of the Act is to “require that Federal agencies be accountable for violations of antidiscrimination and whistleblower protection laws.” Public Law 107-174, Summary. In support of this purpose, Congress found that “agencies cannot be run effectively if those agencies practice or tolerate discrimination.” Public Law 107-174, Title I, General Provisions, section 101(1). The Act also requires this agency to provide this notice to Federal employees, former Federal employees and applicants for Federal employment to inform you of the rights and protections available to you under Federal antidiscrimination and whistleblower protection laws. Antidiscrimination Laws A Federal agency cannot discriminate against an employee or applicant with respect to the terms, conditions or privileges of employment on the basis of race, color, religion, sex, national origin, age, disability, marital status or political affiliation. Discrimination on these bases is prohibited by one or more of the following statutes: 5 U.S.C. 2302(b)(1), 29 U.S.C. 206(d), 29 U.S.C. 631, 29 U.S.C. 633a, 29 U.S.C. 791 and 42 U.S.C. 2000e-16. If you believe that you have been the victim of unlawful discrimination on the basis of race, color, religion, sex, national origin or disability, you must contact an Equal Employment Opportunity

(EEO)counselor within 45 calendar days of the alleged discriminatory action, or, in the case of a personnel action, within 45 calendar days of the effective date of the action, before you can file a formal complaint of discrimination with the Commission. See, *e.g.* , 29 CFR 1614. If you believe that you have been the victim of unlawful discrimination on the basis of age, you must either contact an EEO counselor as noted above or give notice of intent to sue to the Equal Employment Opportunity Commission

(EEOC)within 180 calendar days of the alleged discriminatory action. If you are alleging discrimination based on marital status or political affiliation, you may file a written complaint with the U.S. Office of Special Counsel

(OSC)(see contact information below). In the alternative (or in some cases, in addition), you may pursue a discrimination complaint by filing a grievance through the Commission's administrative or negotiated grievance procedures. 2 2 Please note that the Commission's negotiated grievance procedures are available only to Headquarter employees. Whistleblower Protection Laws A Federal employee with authority to take, direct others to take, recommend or approve any personnel action must not use that authority to take or fail to take, or threaten to take or fail to take, a personnel action against an employee or applicant because of disclosure of information by that individual which is reasonably believed to evidence violations of law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety, unless disclosure of such information is specifically prohibited by law and such information is specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. Retaliation against an employee or applicant for making a protected disclosure is prohibited by 5 U.S.C. 2302(b)(8). If you believe that you have been the victim of whistleblower retaliation, you may file a written complaint (Form OSC-11) with the U.S. Office of Special Counsel at 1730 M Street NW., Suite 218, Washington, DC 20036-4505 or online through the OSC Web site— *http://www.osc.gov.* Retaliation for Engaging in Protected Activity A Federal agency cannot retaliate against an employee or applicant because that individual exercises his or her rights under any of the Federal antidiscrimination or whistleblower protection laws listed above. If you believe that you are the victim of retaliation for engaging in protected activity, you must follow, as appropriate, the procedures described in the Antidiscrimination Laws and Whistleblower Protection Laws sections or, if applicable, the administrative or negotiated grievance procedures in order to pursue any legal remedy. Disciplinary Actions Under the existing laws, each agency retains the right, where appropriate, to discipline a Federal employee for conduct that is inconsistent with Federal Antidiscrimination and Whistleblower Protection Laws up to and including removal. If OSC has initiated an investigation under 5 U.S.C. 1214; however, according to 5 U.S.C. 1214(f), agencies must seek approval from the Special Counsel to discipline employees for, among other activities, engaging in prohibited retaliation. Nothing in the No FEAR Act alters existing laws or permits an agency to take unfounded disciplinary action against a Federal employee or to violate the procedural rights of a Federal employee who has been accused of discrimination. Additional Information For further information regarding No FEAR Act regulations, refer to 5 CFR Part 724, as well as the EEO and Minority Enterprise Office at the CPSC. Additional information regarding Federal antidiscrimination, whistleblower protection and retaliation laws can be found at the EEOC Web site— *http://www.eeoc.gov* and the OSC Web site— *http://www.osc.gov.* Existing Rights Unchanged Pursuant to section 205 of the No FEAR Act, neither the Act nor this notice creates, expands or reduces any rights otherwise available to any employee, former employee or applicant under the laws of the United States, including the provisions of law specified in 5 U.S.C. 2302(d). Dated: November 20, 2006. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. [FR Doc. E6-20026 Filed 11-24-06; 8:45 am] BILLING CODE 6355-01-P DEPARTMENT OF DEFENSE Office of the Secretary [No. DoD-2006-OS-0183] Submission for OMB Review; Comment Request ACTION: Notice. The Department of Defense has submitted to OMB for clearance, the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). DATES: Consideration will be given to all comments received by December 27, 2006. *Title and OMB Number:* DTRA Industry Partner Questionnaire; OMB Control Number 0704-TBD. *Type of Request:* New. *Number of Respondents:* 209. *Responses Per Respondent:* 1. *Annual Responses:* 209. *Average Burden Per Response:* .33 hours. *Annual Burden Hours:* 70. *Needs and Uses:* This information collection instrument will allow DTRA to benchmark our contract relationships and request best practices from our industry partners via an electronic questionnaire. Further, the questionnaire will result in more constructive agendas for subsequent DTRA industry outreach conferences. *Affected Public:* Business or other for-profit; not-for-profit institutions. *Frequency:* On Occasion. *Respondent's Obligation:* Voluntary. *OMB Desk Officer:* Ms. Hillary Jaffe. Written comments and recommendations on the proposed information collection should be sent to Ms. Jaffe at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503. You may also submit comments, identified by docket number and title, by the following method: • Federal eRulemaking Portal: *http://www.regulations.gov.* Follow the instructions for submitting comments. *Instructions:* All submissions received must include the agency name, docket number and title for this **Federal Register** document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at *http://www.regulations.gov* as they are received without change, including any personal identifiers or contact information. *DOD Clearance Officer:* Ms. Patricia Toppings. Written requests for copies of the information collection proposal should be sent to Ms. Toppings at WHS/ESD/Information Management Division, 1777 North Kent Street, RPN, Suite 11000, Arlington, VA 22209-2133. Dated: October 23, 2006. Patricia L. Toppings, Alternate OSD Federal Register Liaison officer, Department of Defense. [FR Doc. 06-9392 Filed 11-24-06; 8:45 am]

Connectionstraces to 10

Traces to 10 documents

U.S. Code