[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53273-53274]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21712]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XY53
Federal Aquatic Nuisance Species Research Risk Analysis Protocol
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce
ACTION: Notice of availability of draft revised research protocol;
request for comments.
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SUMMARY: The National Oceanic and Atmospheric Administration (NOAA)
announces the availability of the draft revised Federal Aquatic
Nuisance Species Research Risk Analysis Protocol (Protocol), developed
by the Research Protocol Committee, a committee of the Aquatic Nuisance
Species Task Force (ANSTF). The Protocol is available for public review
and comment.
DATES: Comments must be received within 45 days after August 31, 2010.
ADDRESSES: Electronic copies of the draft revised Protocol are
available on the ANSTF website, http://anstaskforce.gov/documents.php.
To obtain a hard copy of the draft revised Protocol or to submit
comments, see Document Availability and Public Comment, respectively,
under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Margaret M. (Peg) Brady, NOAA Policy
Liaison to the Aquatic Nuisance Species Task Force. 1315 East West
Highway, SSMC 3, Rm. 15531 Silver Spring, MD 20910 Phone: 301-713-0174;
Email: Peg.Brady@noaa.gov
SUPPLEMENTARY INFORMATION:
Introduction
The Aquatic Nuisance Species Task Force (ANSTF) is an
intergovernmental organization dedicated to preventing and controlling
aquatic nuisance species, and implementing the Nonindigenous Aquatic
Nuisance Prevention and Control Act. The National Oceanic and
Atmospheric Administration and U. S. Fish and Wildlife Service serve as
co-chairs of the ANSTF. The ANSTF developed a research protocol as is
required by the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (NANPCA, Public Law 101-646, 104 STAT. 4671, 16 U.S.C.
4701-4741), as amended by the National Invasive Species Act, 1996.
Section 1202(f)(2) of NANPCA directs the ANSTF to establish a protocol
``to ensure that research activities carried out under [NANPCA] do not
result in the introduction of aquatic nuisance species to waters of the
United States.''
Responsibility for actual use of this Protocol is specified in
section (f)(3) of the NANPCA: ``The Task Force shall allocate funds
authorized under this Act for competitive research grants to study all
aspects of aquatic nuisance species, which shall be administered
through the National Sea Grant College Program and the Cooperative
Fishery and Wildlife Research Units. Grants shall be conditioned to
ensure that any recipient of funds follows the protocol established
under paragraph (2) of this subsection.''
Throughout this document both the descriptors ``nonindigenous''
and/or ``nuisance'' are used when referring to aquatic species that are
the target of this risk analysis. Language used in the NANPCA
differentiates between a nonindigenous species and a nuisance species,
with a ``nonindigenous'' label being solely based on the historic range
of the species, while a ``nuisance'' designation is based on a species
being both nonindigenous and potentially harmful (``threatens the
diversity or abundance of native species or the ecological stability of
infested waters, or commercial, agricultural, aquacultural or
recreational activities dependent on such waters''). The ANSTF Research
Committee adopted a precautionary approach by targeting this risk
analysis to all aquatic nonindigenous species research, regardless of
the ``nuisance'' designation. The intent of the procedures outlined
herein is to minimize to the extent practicable the risk of release and
spread of aquatic nonindigenous species into areas they do not yet
inhabit, since any nonindigenous species may become a nuisance species.
Not only is it often not possible to be sure that a species won't
become a nuisance (as defined) in the future, the possession and/or
release of nonindigenous species may be illegal under various Federal,
State, or local laws, which may or may not differentiate between
nonindigenous and nuisance species.
Background
When finalized, this document (``the Protocol'') would replace the
previously established ``Protocol for Evaluating Research Proposals
Concerning Aquatic Nonindigenous Species,'' adopted in draft form in
1992 and finalized and published by the ANSTF in July 1994. The 1994
protocol applies only to research involving aquatic nonindigenous
species (ANS) and is designed to reduce the risk that research
activities may cause introduction or spread of such aquatic species.
Other potential means of introduction, such as bait movement, aquaria
disposal, ballast water discharge, movement of recreational boats,
movement of fishing gear, and horticultural sales, are not addressed in
the 1994 protocol.
In 2008 the ANSTF requested the Research Committee (a Committee of
the ANSTF) to evaluate and recommend revisions to the 1994 protocol, as
needed. According to the Society for Risk Analysis (SRA, http://www.sra.org), the elements or components of a risk analysis include
risk assessment, risk characterization, risk communication, risk
management, and policy relating to risk. This revised Protocol
incorporates three of those elements it requires a risk assessment
(Part I) and then, if needed, establishment and implementation of a
risk management plan (Part II), with the combined results communicated
to the funding agency as part of the proposal and funding process.
Therefore, this revised Protocol is renamed ``Federal Aquatic Nuisance
Species Research Risk Analysis Protocol.'' The draft was approved by
the ANSTF on November
[[Page 53274]]
5, 2009; distribution of the document for public comment is the final
step for the ANSTF to adopt the Protocol.
This Protocol supplements, but does not replace, other existing
Federal guidelines established to control activities with specific
major classes of organisms. This document does not eliminate or in any
way affect other applicable legal requirements, including the National
Environmental Policy Act [NEPA, 1970 (42 U.S.C. 4321 et seq.)].
The Protocol encourages the incorporation of a Hazard Analysis and
Critical Control Point (HACCP) approach for prevention planning within
research activities. Information about the use of HACCP is available at
http://www.seagrant.umn.edu/ais/haccp. A web site detailing the
application of HACCP to natural resource pathways, plus a link to
download a HACCP wizard that helps create HACCP plans, can be found at
http://www.haccp-nrm.org.
Document Availability
You may obtain copies of the Protocol by any one of the following
methods:
Internet: http://anstaskforce.gov/documents.php
Write: Susan Pasko, National Oceanic and Atmospheric
Administration. 1315 East West Highway, SSMC 3, Rm. 15531 Silver
Spring, MD 20910; Telephone: (301) 713-0174 x 165; Email:
Susan.Pasko@noaa.gov
Request for Comments
Comments on the draft Protocol are invited. The ANSTF will review
all submitted comments and make revisions, as appropriate, to the
Protocol before going final. You may submit a written comment by any
one of the following methods:
Email: Susan.Pasko@noaa.gov
Mail or hand-delivery: Susan Pasko, National Oceanic and
Atmospheric Administration. 1315 East West Highway, SSMC 3, Rm. 15531
Silver Spring, MD 20910
Fax: (301) 713-1594
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment including your personal identifying
information may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: August 24, 2010.
Patricia A. Montanio,
Director, Office of Habitat Conservation, National Marine Fisheries
Service.
[FR Doc. 2010-21712 Filed 8-30-10; 8:45 am]
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