80_FR_39542 80 FR 39411 - Marine Mammals; File Nos. 17278 and 17557

80 FR 39411 - Marine Mammals; File Nos. 17278 and 17557

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 131 (July 9, 2015)

Page Range39411-39412
FR Document2015-16781

Notice is hereby given that major amendments have been issued to James Shine, Ph.D., Harvard University School of Public Health, 401 Park Drive, 404H West, Boston, Massachusetts 02215, (Permit No. 17278- 01) and the NMFS Forensics Office, 219 Fort Johnson Road, Charleston, SC 29412 (Permit No. 17557-01).

Federal Register, Volume 80 Issue 131 (Thursday, July 9, 2015)
[Federal Register Volume 80, Number 131 (Thursday, July 9, 2015)]
[Notices]
[Pages 39411-39412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16781]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD825


Marine Mammals; File Nos. 17278 and 17557

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of permit amendments.

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SUMMARY: Notice is hereby given that major amendments have been issued 
to James Shine, Ph.D., Harvard University School of Public Health, 401 
Park Drive, 404H West, Boston, Massachusetts 02215, (Permit No. 17278-
01) and the NMFS Forensics Office, 219 Fort Johnson Road, Charleston, 
SC 29412 (Permit No. 17557-01).

ADDRESSES: The permit amendments and related documents are available 
for review upon written request or by appointment in the Permits and 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-
8401; fax (301) 713-0376.

FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore, Amy Sloan, or 
Malcolm Mohead, (301) 427-8401.

SUPPLEMENTARY INFORMATION: On March 20, 2015, notice was published in 
the Federal Register (80 FR 14907) that requests for amendments to 
Permit Nos. 17278 and 17557 to import specimens from long-finned pilot 
whales (Globicephala melas; 17278) and scalloped hammerhead sharks 
(Sphyrna lewinia; 17557) for scientific research had been submitted by 
the above-named applicants. The requested permit amendments have been 
issued under the authority of the Marine Mammal Protection Act of 1972, 
as amended (16 U.S.C. 1361 et seq.), the regulations governing the 
taking and importing of marine mammals (50 CFR part 216), the 
Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et 
seq.), and the regulations governing the taking, importing, and 
exporting of endangered and threatened species (50 CFR parts 222-226), 
as applicable.

[[Page 39412]]

    Permit No. 17278 authorizes Dr. Shine to import and receive parts 
from subsistence-collected long-finned pilot whales (Globicephala 
melas) archived at the Faroese Museum of Natural History, Faroe 
Islands. The permit, as amended, increases the number of samples 
authorized to be imported from 15 to 100 animals annually, as well as 
authorization to conduct analyses of chlorinated and fluorinated 
organic chemicals using the same samples.
    Permit No. 17557 authorizes the NMFS Forensics Office to receive, 
import, export, transfer, archive, and conduct analyses on marine 
mammal and ESA-listed species parts under NMFS jurisdiction. The permit 
has been amended to include scalloped hammerhead sharks (Sphyrna 
lewinia) recently listed under the ESA.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), a final determination has been made that the 
activity proposed is categorically excluded from the requirement to 
prepare an environmental assessment or environmental impact statement.
    As required by the ESA, issuance of the permit amendment (Permit 
No. 17557-01) was based on a finding that such permit: (1) Was applied 
for in good faith; (2) will not operate to the disadvantage of such 
endangered species; and (3) is consistent with the purposes and 
policies set forth in section 2 of the ESA.

    Dated: June 26, 2015.
Julia Harrison,
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2015-16781 Filed 7-8-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                                Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices                                                 39411

                                                should be directed to M. Jan Saunders,                   FOR FURTHER INFORMATION CONTACT:                        Dated: June 30, 2015.
                                                (302) 526–5251, at least 5 days prior to                 Jennifer Skidmore or Amy Hapeman,                     Julia Harrison,
                                                the meeting date.                                        (301) 427–8401.                                       Chief, Permits and Conservation Division,
                                                  Dated: July 6, 2015.                                                                                         Office of Protected Resources, National
                                                                                                         SUPPLEMENTARY INFORMATION:       The                  Marine Fisheries Service.
                                                Tracey L. Thompson,                                      subject amendment to Permit No.                       [FR Doc. 2015–16779 Filed 7–8–15; 8:45 am]
                                                Acting Deputy Director, Office of Sustainable            14450–02 is requested under the                       BILLING CODE 3510–22–P
                                                Fisheries, National Marine Fisheries Service.            authority of the Marine Mammal
                                                [FR Doc. 2015–16788 Filed 7–8–15; 8:45 am]               Protection Act of 1972, as amended (16
                                                BILLING CODE 3510–22–P                                   U.S.C. 1361 et seq.), and the regulations             DEPARTMENT OF COMMERCE
                                                                                                         governing the taking and importing of
                                                                                                         marine mammals (50 CFR part 216).                     National Oceanic and Atmospheric
                                                DEPARTMENT OF COMMERCE                                                                                         Administration
                                                                                                            Permit No. 14450–02, last amended
                                                National Oceanic and Atmospheric                         on December 31, 2014, authorizes the                  RIN 0648–XD825
                                                Administration                                           SEFSC to take all cetacean species that
                                                                                                                                                               Marine Mammals; File Nos. 17278 and
                                                RIN 0648–XS35                                            occur in U.S. and international waters of
                                                                                                                                                               17557
                                                                                                         the Atlantic Ocean, Gulf of Mexico and
                                                Marine Mammals; File No. 14450                           Caribbean Sea. Activities include aerial              AGENCY:  National Marine Fisheries
                                                                                                         and vessel-based line-transect sampling,              Service (NMFS), National Oceanic and
                                                AGENCY:  National Marine Fisheries                       acoustic sampling, behavioral                         Atmospheric Administration (NOAA),
                                                Service (NMFS), National Oceanic and                                                                           Commerce.
                                                                                                         observations, vessel-based photo-
                                                Atmospheric Administration (NOAA),                                                                             ACTION: Notice; issuance of permit
                                                                                                         identification, and biopsy sampling.
                                                Commerce.                                                                                                      amendments.
                                                                                                         Satellite tagging of ESA-listed large
                                                ACTION: Notice; receipt of application for
                                                                                                         whales is also authorized. Tissue                     SUMMARY: Notice is hereby given that
                                                permit amendment.
                                                                                                         samples collected in other countries                  major amendments have been issued to
                                                SUMMARY: Notice is hereby given that                     may be imported into the U.S. The                     James Shine, Ph.D., Harvard University
                                                the NMFS Southeast Fisheries Science                     permit expires on February 28, 2019.                  School of Public Health, 401 Park Drive,
                                                Center (SEFSC), 75 Virginia Beach                           The SEFSC is requesting the permit be              404H West, Boston, Massachusetts
                                                Drive, Miami, FL 33149 [Principal                        amended to authorize satellite tagging of             02215, (Permit No. 17278–01) and the
                                                Investigator: Dr. Keith Mullin], has                     non-ESA listed cetaceans during                       NMFS Forensics Office, 219 Fort
                                                applied for an amendment to Scientific                   authorized vessel surveys to support                  Johnson Road, Charleston, SC 29412
                                                Research Permit No. 14450–02.                            NMFS stock assessments as follows: 40                 (Permit No. 17557–01).
                                                DATES: Written, telefaxed, or email                      Bryde’s whales (Balaenoptera edeni), 40               ADDRESSES: The permit amendments
                                                comments must be received on or before                   of each species of short-finned                       and related documents are available for
                                                August 10, 2015.                                         (Globicephala macrorhynchus) and                      review upon written request or by
                                                ADDRESSES: The application and related                   long-finned (Globicephala melas) pilot                appointment in the Permits and
                                                documents are available for review by                    whales, and 20 individuals each of the                Conservation Division, Office of
                                                selecting ‘‘Records Open for Public                                                                            Protected Resources, NMFS, 1315 East-
                                                                                                         21 other authorized non-listed cetacean
                                                Comment’’ from the Features box on the                                                                         West Highway, Room 13705, Silver
                                                                                                         species, annually. Tags would be either
                                                Applications and Permits for Protected                                                                         Spring, MD 20910; phone (301) 427–
                                                                                                         suction cup attachments, fully                        8401; fax (301) 713–0376.
                                                Species home page, https://                              implantable or minimally invasive dart
                                                apps.nmfs.noaa.gov, and then selecting                                                                         FOR FURTHER INFORMATION CONTACT:
                                                                                                         attachments. A maximum of 2 tags
                                                File No. 14450 from the list of available                                                                      Jennifer Skidmore, Amy Sloan, or
                                                                                                         could be placed on an animal at one                   Malcolm Mohead, (301) 427–8401.
                                                applications.
                                                                                                         time. Adults of both sexes without
                                                   These documents are also available                                                                          SUPPLEMENTARY INFORMATION: On March
                                                                                                         calves would be tagged. In addition, the              20, 2015, notice was published in the
                                                upon written request or by appointment
                                                in the Permits and Conservation                          SEFSC is requesting authorization to                  Federal Register (80 FR 14907) that
                                                Division, Office of Protected Resources,                 import and export marine mammals                      requests for amendments to Permit Nos.
                                                NMFS, 1315 East-West Highway, Room                       samples from sources (other than                      17278 and 17557 to import specimens
                                                13705, Silver Spring, MD 20910; phone                    currently authorized biopsy sampling)                 from long-finned pilot whales
                                                (301) 427–8401; fax (301) 713–0376.                      to support the NMFS research on these                 (Globicephala melas; 17278) and
                                                   Written comments on this application                  species.                                              scalloped hammerhead sharks (Sphyrna
                                                should be submitted to the Chief,                           In compliance with the National                    lewinia; 17557) for scientific research
                                                Permits and Conservation Division, at                    Environmental Policy Act of 1969 (42                  had been submitted by the above-named
                                                the address listed above. Comments may                   U.S.C. 4321 et seq.), an initial                      applicants. The requested permit
                                                also be submitted by facsimile to (301)                  determination has been made that the                  amendments have been issued under
                                                713–0376, or by email to                                 activities proposed are categorically                 the authority of the Marine Mammal
                                                NMFS.Pr1Comments@noaa.gov. Please                        excluded from the requirement to                      Protection Act of 1972, as amended (16
                                                include the File No. 14450 in the subject                prepare an environmental assessment or                U.S.C. 1361 et seq.), the regulations
                                                line of the email comment.                                                                                     governing the taking and importing of
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                                                                                                         environmental impact statement.
                                                   Those individuals requesting a public                                                                       marine mammals (50 CFR part 216), the
                                                hearing should submit a written request                     Concurrent with the publication of                 Endangered Species Act of 1973, as
                                                to the Chief, Permits and Conservation                   this notice in the Federal Register,                  amended (ESA; 16 U.S.C. 1531 et seq.),
                                                Division at the address listed above. The                NMFS is forwarding copies of the                      and the regulations governing the
                                                request should set forth the specific                    amendment requests to the Marine                      taking, importing, and exporting of
                                                reasons why a hearing on this                            Mammal Commission and its                             endangered and threatened species (50
                                                application would be appropriate.                        Committee of Scientific Advisors.                     CFR parts 222–226), as applicable.


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                                                39412                           Federal Register / Vol. 80, No. 131 / Thursday, July 9, 2015 / Notices

                                                   Permit No. 17278 authorizes Dr. Shine                 the examination of patent applications                independently performed concurrent
                                                to import and receive parts from                         in both offices. In the pilot program,                searches, increases the efficiency and
                                                subsistence-collected long-finned pilot                  each office will concurrently conduct a               quality of patent examination. This
                                                whales (Globicephala melas) archived at                  prior art search for its corresponding                exchange of search reports would occur
                                                the Faroese Museum of Natural History,                   counterpart application. The search                   prior to making determinations
                                                Faroe Islands. The permit, as amended,                   report from each office will then be                  regarding patentability. Work sharing
                                                increases the number of samples                          exchanged between offices before either               benefits applicants by promoting
                                                authorized to be imported from 15 to                     office issues a communication                         compact prosecution, reducing
                                                100 animals annually, as well as                         concerning patentability to the                       pendency, and supporting patent
                                                authorization to conduct analyses of                     applicant. As a result of this exchange               quality by reducing the likelihood of
                                                chlorinated and fluorinated organic                      of search reports, the examiners in both              inconsistencies in patentability
                                                chemicals using the same samples.                        offices may have a more comprehensive                 determinations (not predicated upon
                                                   Permit No. 17557 authorizes the                       set of references before them when                    differences in national patent laws)
                                                NMFS Forensics Office to receive,                        making an initial patentability                       between IP offices when considering
                                                import, export, transfer, archive, and                   determination. Each office will accord                corresponding counterpart applications.
                                                conduct analyses on marine mammal                        special status to its counterpart                        Currently, an application filed in the
                                                and ESA-listed species parts under                       application to first action. First Action             USPTO with a claim of foreign priority
                                                NMFS jurisdiction. The permit has been                   Interview (FAI) pilot program                         may have a search report and art cited
                                                amended to include scalloped                             procedures will be applied during the                 by the foreign office in the priority
                                                hammerhead sharks (Sphyrna lewinia)                      examination of the U.S. application and               application provided to applicant
                                                recently listed under the ESA.                           make the Korean search report of record               during the U.S. application’s pendency.
                                                   In compliance with the National                       concurrently with the issuance of a Pre-              After review of the search report and
                                                Environmental Policy Act of 1969 (42                     Interview Communication.                              cited art, an applicant may submit an
                                                U.S.C. 4321 et seq.), a final                            DATES: Effective Date: September 1,                   Information Disclosure Statement (IDS)
                                                determination has been made that the                     2015.                                                 in the U.S. application to provide the
                                                activity proposed is categorically                         Duration: Under the United States-                  information to the USPTO. Often this
                                                excluded from the requirement to                         Korean Collaboration Pilot (US–KR CSP)                submission occurs after examination on
                                                prepare an environmental assessment or                   program, the USPTO and KIPO will                      the merits is already underway in the
                                                environmental impact statement.                          accept petitions to participate for two               U.S. application. Upon evaluation of the
                                                   As required by the ESA, issuance of                   years from its effective date. During the             search report and cited art, the U.S.
                                                the permit amendment (Permit No.                         pilot program, each office will be                    examiner may determine that the art
                                                17557–01) was based on a finding that                    limited to granting 400 petitions. The                cited by the foreign office is relevant to
                                                such permit: (1) Was applied for in good                 offices may extend the pilot program                  patentability and merits further
                                                faith; (2) will not operate to the                       (with or without modification) for an                 examination before making a final
                                                disadvantage of such endangered                          additional amount of time, if necessary.              determination on patentability. The
                                                species; and (3) is consistent with the                  Both offices reserve the right to                     delay caused by further examination
                                                purposes and policies set forth in                       terminate the pilot program at any time.              results in additional costs to an
                                                section 2 of the ESA.                                                                                          applicant and the USPTO that could
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                  Dated: June 26, 2015.
                                                                                                                                                               have been avoided if the U.S. examiner
                                                                                                         Daniel Hunter, Director of International
                                                                                                                                                               was in possession of the foreign office’s
                                                Julia Harrison,                                          Work Sharing, Planning, and                           search results before commencing
                                                Chief, Permits and Conservation Division,                Implementation, Office of International               examination of the application.
                                                Office of Protected Resources, National                  Patent Cooperation, by telephone at                   Furthermore, in light of the various
                                                Marine Fisheries Service.                                571–272–8050 regarding the handling of                expedited examination programs
                                                [FR Doc. 2015–16781 Filed 7–8–15; 8:45 am]               any specific application participating in             currently in place, the potential exists
                                                BILLING CODE 3510–22–P                                   the pilot. Any questions concerning this              that a U.S. application may reach final
                                                                                                         notice may be directed to Joseph Weiss,               disposition before an applicant is in
                                                                                                         Senior Legal Advisor, Office of Patent                receipt of a foreign office’s search
                                                DEPARTMENT OF COMMERCE                                   Legal Administration, by phone (571)                  report. Work sharing between
                                                                                                         272–7759. Any inquiries regarding this                intellectual Property (IP) offices in the
                                                Patent and Trademark Office                              pilot program can be emailed to csp@                  form of an exchange of search reports
                                                [Docket No.: PTO–P–2015–0026]                            uspto.gov.                                            may increase efficiency and promote
                                                                                                         SUPPLEMENTARY INFORMATION:                            patent examination quality by providing
                                                United States Patent and Trademark
                                                                                                                                                               the examiner with both offices’ search
                                                Office and Korean Intellectual Property                  I. Background
                                                                                                                                                               reports when examination commences.
                                                Office Collaborative Search Pilot                           The USPTO is continually looking for               In order to study the benefits of the
                                                Program                                                  ways to improve the quality of issued                 exchange of search reports between
                                                AGENCY: United States Patent and                         patents and to promote work sharing                   offices, current USPTO examination
                                                Trademark Office, Commerce.                              between other Intellectual Property (IP)              practice would need to be modified to
                                                ACTION: Notice.                                          Offices throughout the world. The                     conduct a search and generate a search
                                                                                                         USPTO has launched several work                       report, without issuance of an Office
                                                SUMMARY:  The United States Patent and                   sharing pilot programs in recent years
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                                                                                                                                                               action. The U.S. application also would
                                                Trademark Office (USPTO) is initiating                   (e.g., numerous Patent Prosecution                    need to be ‘‘made special’’ pursuant to
                                                a joint Work Sharing Pilot Program with                  Highway Pilot Programs). In furtherance               USPTO procedures to ensure that it
                                                the Korean Intellectual Patent Office                    of promoting interoffice work sharing,                could be contemporaneously searched
                                                (KIPO) to study whether the exchange of                  the USPTO and KIPO will cooperate in                  with its corresponding counterpart
                                                search reports between offices for                       a study to determine whether work                     application.
                                                corresponding counterpart applications                   sharing between IP offices, in the form                  The USPTO is using the First Action
                                                improves patent quality and facilitates                  of exchanging the results from                        Interview Pilot Program (FAI) in this


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Document Created: 2018-02-23 09:14:21
Document Modified: 2018-02-23 09:14:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of permit amendments.
ContactJennifer Skidmore, Amy Sloan, or Malcolm Mohead, (301) 427-8401.
FR Citation80 FR 39411 
RIN Number0648-XD82

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