[Federal Register Volume 69, Number 53 (Thursday, March 18, 2004)]
[Notices]
[Page 12837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6132]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 040227075-4075-01; I.D. 022304B]


National Marine Fisheries Service National Gravel Extraction 
Guidance

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

ACTION: Notice of availability to review and comment on draft National 
Marine Fisheries Service Gravel Extraction Guidance.

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SUMMARY: NOAA Fisheries encourages all stakeholders, users, and the 
public to review the draft NOAA Fisheries Gravel Extraction Guidance. 
All comments received will be reviewed and considered in the final 
drafting of the Gravel Extraction Guidance.

DATES: Public comments must be received on or before 5 p.m., local 
time, May 3, 2004.

ADDRESSES: Comments on this guidance document may be submitted by email 
to [email protected], or faxed to 301-427-2571, or mailed to 
Gravel Guidance, 1315 East-West Hwy, Room 14108, Silver Spring, MD 
20910.
    The draft NOAA Fisheries Gravel Extraction Guidance is available at 
http://www.nmfs.noaa.gov/habitat or by sending a request to 
[email protected]. Please include appropriate contact 
information when requesting the document.

FOR FURTHER INFORMATION CONTACT: Kerry Griffin at 301-713-4300.

SUPPLEMENTARY INFORMATION: NOAA Fisheries is responsible for 
protecting, managing and conserving marine, estuarine, and anadromous 
fish resources and their habitats. The watersheds of the United States 
where sand and gravel mining takes place provide essential spawning and 
rearing habitat for anadromous fish including salmon, shad, sturgeon, 
and striped bass. A national guidance document on gravel extraction 
will assist NOAA Fisheries staff in determining whether proposed gravel 
extraction operations will be conducted in a manner that is consistent 
with Federal law, and that eliminates or minimizes any adverse impacts 
to anadromous fish and their habitats.
    The recommendations incorporated into the guidance document are 
suggestions, and are not intended to be binding in any way. This 
guidance does not specify the measures, if any, that would need to be 
implemented by parties engaged in gravel extraction activities in any 
given case to comply with applicable statutory requirements. In 
formulating its recommendations or prescriptions, NOAA Fisheries will 
determine the acceptable means of demonstrating compliance with 
statutory requirements based on information available to the agency, as 
appropriate under the circumstances presented. As such, the language of 
the guidance document should not be read to establish any binding 
requirements on agency staff or the regulated community. The 
recommendations should not be regarded as static or inflexible, and are 
meant to be revised as the science upon which they are based improves 
and areas of uncertainty are resolved. Furthermore, the recommendations 
are meant to be adapted for regional or local use, so a degree of 
flexibility in their interpretation and application is necessary.

    Dated: March 11, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 04-6132 Filed 3-17-04; 8:45 am]
BILLING CODE 3510-22-S