Endangered and Threatened Wildlife and Plants; 12-Month Finding on a Petition To List Elkhorn Coral, Staghorn coral, and Fused-staghorn coral as Threatened or Endangered, 13151-13152 [05-5346]

Download as PDF Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules with § 90.671 and masks its emissions in accordance with § 90.669. (b) In the event that the authorization for a previously authorized co-channel station within the geographic-area-based licensee’s authorized spectrum block is terminated or revoked, the licensee’s cochannel obligations to such station will cease upon deletion of the facility from the Commission’s licensing record. The EA or MEA licensee then will be able to construct and operate base stations using such frequency. § 90.680 Authorization, construction and implementation of EA or MEA-based licenses and Grandfathering provisions for incumbent licensees. (a) Geographic-area-based licenses in the 896–901/935–940 MHz band will be issued for a term not to exceed ten years. (b) Each geographic-area-based licensee in the 896–901/935–940 MHz band must demonstrate, through a showing to the Commission ten years from the date of license grant, that it is providing substantial service within its service area. (c) Geographic-area-based licensees who fail to make a convincing showing of substantial service by the end of the tenth year after grant of authorization will forfeit the portion of the geographic-area-based license that exceeds licensed facilities constructed and operating on the date of the license grant. (d) Grandfathering provisions for incumbent licensees. An incumbent licensee’s service area shall be defined by its originally-licensed 40 dBµV/m field strength contour. Incumbent licensees are permitted to add new or modify transmit sites in this existing service area so long as the original 40 dBµV/m field strength contour is not expanded. [FR Doc. 05–5406 Filed 3–17–05; 8:45 am] BILLING CODE 6712–01–P VerDate jul<14>2003 16:17 Mar 17, 2005 Jkt 205001 13151 Pursuant to section 4(b)(3)(B) of the ESA (16 National Oceanic and Atmospheric U.S.C. 1531 et seq.), for any petition to Administration revise the List of Endangered or Threatened Wildlife and Plants which 50 CFR Parts 223 and 224 presents substantial scientific and commercial information, NMFS is [Docket No. 050304058–5058–01; I.D. No. required to make a finding within 12 060204C] months of the date of receipt of the petition on whether the petitioned RIN 0648–XB29 action is (a) not warranted, (b) Endangered and Threatened Wildlife warranted, or (c) warranted but and Plants; 12–Month Finding on a precluded from immediate proposal by Petition To List Elkhorn Coral, other pending proposals of higher priority. Staghorn coral, and Fused-staghorn On March 4, 2004, the Center for coral as Threatened or Endangered Biological Diversity (CBD) petitioned AGENCY: National Marine Fisheries NMFS to list elkhorn (Acropora Service (NMFS), National Oceanic and palmata), staghorn (A. cervicornis), and Atmospheric Administration (NOAA), fused-staghorn (A. prolifera) coral as Commerce. either threatened or endangered under ACTION: Notice of petition finding and the Endangered Species Act (ESA) and availability of a status review document. to designate critical habitat. On June 23, 2004, NMFS made a positive 90–day SUMMARY: NMFS announces a 12–month finding (69 FR 34995) that the CBD finding on a petition to add the elkhorn presented substantial information coral (Acropora palmata), staghorn coral indicating that the petitioned actions (A. cervicornis), and fused-staghorn may be warranted and announced the coral (A. prolifera), throughout their initiation of a formal status review as known range, to the list of threatened required by section 4(b)(3)(A) of the and endangered wildlife and to ESA. designate critical habitat under the In order to conduct a comprehensive Endangered Species Act (ESA). Based review, NMFS convened an Atlantic on a review of the best available Acropora Biological Review Team (BRT) scientific and commercial information to conduct the status review, which on the status of the species, NMFS finds incorporates and summarizes the best that the petitioned action is warranted available scientific and commercial data with respect to elkhorn and staghorn to date. It addresses the status of the corals and will promptly publish a species, the five ESA listing factors, and proposed rule to list these two species current regulatory, conservation and as threatened. Furthermore, NMFS research efforts that may yield concludes that listing fused-staghorn protection. The BRT also reviewed and coral is not warranted as it is a hybrid considered materials received by NMFS and does not constitute a species. as a result of a Federal Register notice and public meetings; substantive DATES: The finding announced in this materials were incorporated into the document was made on March 3, 2005. status review. Copies of the status ADDRESSES: Copies of the Atlantic review are available upon request from Acropora status review document are the Protected Resources Division, NMFS available upon request from the (see ADDRESSES). NMFS finds that with Protected Resources Division, NMFS, respect to elkhorn and staghorn corals, 9721 Executive Center Drive North, St. the petitioned action is warranted at this Petersburg, FL 33702. After March 17, time. NMFS will promptly publish a 2005, please direct requests to our new proposed rule to list these two species address: 263 13th Ave. South, St. as threatened. Furthermore, NMFS Peterburg, FL 33701. The status review concludes that listing fused-staghorn is also available on the NMFS website coral is not warranted as it is a hybrid at https://sero.nmfs.noaa.gov/pr/ and does not constitute a species. protres.htm. According to section 4(b)(3(B) of the FOR FURTHER INFORMATION CONTACT: Ms. ESA, 16 U.S.C. 4(b)(3)(B), when a Jennifer Moore or Dr. Stephania Bolden, petitioned action is warranted, a NMFS Southeast Region, 727–570–5312, proposed regulation to implement the action shall be promptly published in or Ms. Marta Nammack, HQ Office of Protected Resources, 301–713–1401, ext. the Federal Register. NMFS will 180. Please note the NMFS Southeast immediately begin developing a Regional Office is moving March 17, proposed rule to list the two species as 2005 and after March 21, 2005, the new threatened to comply with the ESA’s telephone exchange will be 727–824– requirement to publish the proposed 5312. listing rule promptly. NMFS will also DEPARTMENT OF COMMERCE PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION: E:\FR\FM\18MRP1.SGM 18MRP1 13152 Federal Register / Vol. 70, No. 52 / Friday, March 18, 2005 / Proposed Rules begin contacting and coordinating with State/Territory and NOAA resource managers to identify activities that may adversely affect the species and potential take exemptions that should be identified in a 4(d) rule, as necessary to provide for the conservation of these threatened species. After publication of a proposed rule to list the species and establish protective regulations, regulations at 50 CFR 424.16 specify that NMFS allow for public comments regarding the proposed rule and hold public hearings if requested. Within 1 year of publishing the proposed listing regulation, a final rule to list the species, a notice extending the 1–year period, or a notice withdrawing the proposed listing must be published in the Federal Register. The ESA requires that a final rule designating critical habitat of an endangered or threatened species shall be, to the maximum extent prudent, published concurrently with the final rule listing the species (ESA 4(a)(3)(A)). If at that time critical habitat is undeterminable, the period may be extended by not more than 1 additional year. Authority The authority for this section is the ESA of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: March 11, 2005. William T. Hogarth, Assistant Administrator for Fisheries,National Marine Fisheries Service. [FR Doc. 05–5346 Filed 3–14–05; 4:33 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 050309066–5066–01; I.D. 030105D] RIN 0648–AS53 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Amendment 15 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: SUMMARY: NMFS issues this proposed rule to implement Amendment 15 to the VerDate jul<14>2003 15:20 Mar 17, 2005 Jkt 205001 Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). This proposed rule would establish a limited access system for the commercial fishery for Gulf and Atlantic migratory group king mackerel by capping participation at the current level. The proposed rule also would change the fishing year for Atlantic migratory group king and Spanish mackerel to be March through February. The intended effects of this proposed rule are to provide economic and social stability in the fishery by preventing speculative entry into the fishery and to mitigate adverse impacts associated with potential quota closures. DATES: Comments must be received no later than 5 p.m., eastern time, on May 2, 2005. ADDRESSES: You may submit comments on the proposed rule by any of the following methods: • E-mail: 0648– AS53.Proposed@noaa.gov. Include in the subject line the following document identifier: 0648–AS53. • Federal e-Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Steve Branstetter, Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. • Fax: From March 22, 2005, through May 2, 2005, 727–824–5308. Comments cannot be received via fax from March 18 through March 21, 2005. Copies of Amendment 15, which includes an environmental assessment, a regulatory impact review (RIR), and an initial regulatory flexibility analysis (IRFA), may be obtained from the Gulf of Mexico Fishery Management Council, The Commons at Rivergate, Suite 1000, 3018 U.S. Highway 301 North, Tampa, FL 33619; telephone: 813–228–2815; fax: 813–225–7015; e-mail: gulfcouncil@gulfcouncil.org; or from the South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407–4699; telephone: 843–571–4366; fax: 843– 769–4520; e-mail: safmc@safmc.net. FOR FURTHER INFORMATION CONTACT: Steve Branstetter; telephone: 727–570– 5305; fax: 727–570–5583 (through March 18, 2005), 727–824–5308 (on and after March 22, 2005); e-mail: Steve.Branstetter@noaa.gov. SUPPLEMENTARY INFORMATION: The fisheries for coastal migratory pelagic resources are managed under the FMP. The FMP was prepared jointly by the Gulf of Mexico Fishery Management Council and the South Atlantic Fishery Management Council (Councils), PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 approved by NMFS, and implemented under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Background Prior to 1998, the commercial king mackerel fishery in the exclusive economic zone of the Gulf of Mexico and Atlantic operated under open access. Due to concerns about increasing levels of participation in these fisheries, the Councils established a commercial king mackerel vessel permit moratorium in Amendment 8 to the FMP in March 1998. Amendment 12 extended the expiration date of the moratorium through October 15, 2005, or until the moratorium could be replaced with a license limitation, limited access, and/ or individual fishing quota or individual transferable quota system, whichever occurred earlier. The effects of the existing permit moratorium have been to prevent increases in effort, reduce the number of permittees in the king mackerel fishery, and help stabilize the economic performance of current participants. Under the moratoria, the number of commercial king mackerel permits has declined from a peak of 2,172 in July 1998 to 1,683 in August 2004. Current commercial king mackerel fishery participants, especially in the Gulf of Mexico, have demonstrated the capability of harvesting the applicable quotas well in advance of the end of the various fishing seasons, resulting in early closures of the fishery. Allowing the fishery to revert to open access would result in an increased number of participants in these mackerel fisheries, most likely negating any reductions in effort that have been achieved as a result of the current moratorium. Any increase in participants would: exacerbate the current derby fisheries that occur in the western Gulf zone and in the Florida west coast gillnet fishery, lead to even earlier closures, possibly result in closures of the Atlantic group king mackerel fishery, and have an adverse impact on the economic performance of current participants. Increased participation would also compound the complexity of any future consideration by the Councils to develop a more comprehensive controlled access system for this fishery. For these reasons, the Councils have concluded that a limited access system to continue restrictions on participation levels in these fisheries is appropriate. E:\FR\FM\18MRP1.SGM 18MRP1

Agencies

[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13151-13152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5346]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 050304058-5058-01; I.D. No. 060204C]
RIN 0648-XB29


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List Elkhorn Coral, Staghorn coral, and Fused-staghorn 
coral as Threatened or Endangered

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

ACTION:  Notice of petition finding and availability of a status review 
document.

-----------------------------------------------------------------------

SUMMARY:  NMFS announces a 12-month finding on a petition to add the 
elkhorn coral (Acropora palmata), staghorn coral (A. cervicornis), and 
fused-staghorn coral (A. prolifera), throughout their known range, to 
the list of threatened and endangered wildlife and to designate 
critical habitat under the Endangered Species Act (ESA). Based on a 
review of the best available scientific and commercial information on 
the status of the species, NMFS finds that the petitioned action is 
warranted with respect to elkhorn and staghorn corals and will promptly 
publish a proposed rule to list these two species as threatened. 
Furthermore, NMFS concludes that listing fused-staghorn coral is not 
warranted as it is a hybrid and does not constitute a species.

DATES:  The finding announced in this document was made on March 3, 
2005.

ADDRESSES: Copies of the Atlantic Acropora status review document are 
available upon request from the Protected Resources Division, NMFS, 
9721 Executive Center Drive North, St. Petersburg, FL 33702. After 
March 17, 2005, please direct requests to our new address: 263 13th 
Ave. South, St. Peterburg, FL 33701. The status review is also 
available on the NMFS website at https://sero.nmfs.noaa.gov/pr/
protres.htm.

FOR FURTHER INFORMATION CONTACT:  Ms. Jennifer Moore or Dr. Stephania 
Bolden, NMFS Southeast Region, 727-570-5312, or Ms. Marta Nammack, HQ 
Office of Protected Resources, 301-713-1401, ext. 180. Please note the 
NMFS Southeast Regional Office is moving March 17, 2005 and after March 
21, 2005, the new telephone exchange will be 727-824-5312.

SUPPLEMENTARY INFORMATION: Pursuant to section 4(b)(3)(B) of the ESA 
(16 U.S.C. 1531 et seq.), for any petition to revise the List of 
Endangered or Threatened Wildlife and Plants which presents substantial 
scientific and commercial information, NMFS is required to make a 
finding within 12 months of the date of receipt of the petition on 
whether the petitioned action is (a) not warranted, (b) warranted, or 
(c) warranted but precluded from immediate proposal by other pending 
proposals of higher priority.
    On March 4, 2004, the Center for Biological Diversity (CBD) 
petitioned NMFS to list elkhorn (Acropora palmata), staghorn (A. 
cervicornis), and fused-staghorn (A. prolifera) coral as either 
threatened or endangered under the Endangered Species Act (ESA) and to 
designate critical habitat. On June 23, 2004, NMFS made a positive 90-
day finding (69 FR 34995) that the CBD presented substantial 
information indicating that the petitioned actions may be warranted and 
announced the initiation of a formal status review as required by 
section 4(b)(3)(A) of the ESA.
    In order to conduct a comprehensive review, NMFS convened an 
Atlantic Acropora Biological Review Team (BRT) to conduct the status 
review, which incorporates and summarizes the best available scientific 
and commercial data to date. It addresses the status of the species, 
the five ESA listing factors, and current regulatory, conservation and 
research efforts that may yield protection. The BRT also reviewed and 
considered materials received by NMFS as a result of a Federal Register 
notice and public meetings; substantive materials were incorporated 
into the status review. Copies of the status review are available upon 
request from the Protected Resources Division, NMFS (see ADDRESSES). 
NMFS finds that with respect to elkhorn and staghorn corals, the 
petitioned action is warranted at this time. NMFS will promptly publish 
a proposed rule to list these two species as threatened. Furthermore, 
NMFS concludes that listing fused-staghorn coral is not warranted as it 
is a hybrid and does not constitute a species.
    According to section 4(b)(3(B) of the ESA, 16 U.S.C. 4(b)(3)(B), 
when a petitioned action is warranted, a proposed regulation to 
implement the action shall be promptly published in the Federal 
Register. NMFS will immediately begin developing a proposed rule to 
list the two species as threatened to comply with the ESA's requirement 
to publish the proposed listing rule promptly. NMFS will also

[[Page 13152]]

begin contacting and coordinating with State/Territory and NOAA 
resource managers to identify activities that may adversely affect the 
species and potential take exemptions that should be identified in a 
4(d) rule, as necessary to provide for the conservation of these 
threatened species.
    After publication of a proposed rule to list the species and 
establish protective regulations, regulations at 50 CFR 424.16 specify 
that NMFS allow for public comments regarding the proposed rule and 
hold public hearings if requested. Within 1 year of publishing the 
proposed listing regulation, a final rule to list the species, a notice 
extending the 1-year period, or a notice withdrawing the proposed 
listing must be published in the Federal Register.
    The ESA requires that a final rule designating critical habitat of 
an endangered or threatened species shall be, to the maximum extent 
prudent, published concurrently with the final rule listing the species 
(ESA 4(a)(3)(A)). If at that time critical habitat is undeterminable, 
the period may be extended by not more than 1 additional year.

Authority

    The authority for this section is the ESA of 1973, as amended (16 
U.S.C. 1531 et seq.).

    Dated: March 11, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,National Marine Fisheries 
Service.
[FR Doc. 05-5346 Filed 3-14-05; 4:33 pm]
BILLING CODE 3510-22-S

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