[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Page 35228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12021]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 040227075-5140-02; I.D. 060205A]


National Marine Fisheries Service National Gravel Extraction 
Guidance

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

ACTION: Notice of availability.

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SUMMARY: This notice announces the availability of NMFS' final National 
Gravel Extraction Guidance (Gravel Guidance). In March 2004, NMFS 
released the draft Gravel Guidance for public comment. Nine comment 
letters were received from industry groups, state agencies, and 
unaffiliated citizens. Final revisions to the Gravel Guidance included 
consideration of these public comments.

ADDRESSES: The final NMFS National Gravel Extraction Guidance may be 
obtained on the Internet at http://www.nmfs.noaa.gov/habitat/ or by 
sending a request to 1315 East West Highway, Room 14200, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Katie McGlynn at 301-713-4300.

SUPPLEMENTARY INFORMATION: The purpose of the Gravel Guidance is to 
provide updated information to NMFS staff participating in consultation 
activities where proposed gravel mining operations in or near rivers 
and streams may affect anadromous fish under NMFS jurisdiction and 
their habitats. The final Gravel Guidance is a revision and replacement 
of the 1996 National Gravel Extraction Policy. Changes to the 1996 
Policy, based on input from NMFS staff, interagency, industry, and 
public comments, include: (1) updating references, information, and 
recommendations to reflect the current state of the science; (2) 
broadening the geographic scope of the guidance to apply to all NMFS 
regions, rather than just those on the west coast; and (3) revising the 
document from a NMFS policy document to internal guidance for NMFS 
staff.
    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 NMFS 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. The Gravel 
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, NMFS 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. Nor should the 
recommendations be regarded as static or inflexible. The 
recommendations are meant to be revised as the science upon which they 
are based improves and areas of uncertainty are resolved. The 
recommendations are also meant to be adapted for regional or local use, 
so a degree of flexibility in their interpretation and application is 
necessary.
    The notice of availability of the draft National Gravel Extraction 
Guidelines was published in the Federal Register on March 18, 2004 (69 
FR 12837).

    Dated: June 10, 2005.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 05-12021 Filed 6-16-05; 8:45 am]
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