Taking and Importing of Marine Mammals, 29982-29983 [E7-10373]
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29982
Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices
but sea spray does not occur. Sea spray,
whitecaps, and large waves can decrease
the effectiveness of LR detection.
However, missions are not conducted if
such conditions make observation of the
gunnery target problematic. It is
expected that marine species can be
observed in weather conditions that
allow observation of the gunnery target
flare. Wave height is difficult to
determine from the air, particularly at
night. Therefore, Eglin proposes that
wind speed, as provided by accepted
forecasting outlets such as the National
Weather Service, be considered the
determining factor for weather
restrictions.
sroberts on PROD1PC70 with NOTICES
Preliminary Conclusions
For reasons described in this Federal
Register document, NMFS has
preliminarily determined that Esglin
AFB’s A-S Gunnery activity will not
result in the mortality or serious injury
of marine mammals and, would result
in, at worst, a temporary elevation in
hearing sensitivity (known as temporary
threshold shift or TTS). As indicated in
Table 1, Eglin AFB and NMFS estimated
in 2006 that up to 271 marine mammals
may incur this form of Level B
harassment annually. Also, these
gunnery exercises have the potential to
result in a temporary modification in
behavior by marine mammals. In 2006,
NMFS estimated that up 25 marine
mammals may experience a behavioral
response to these exercises during the
time-frame of an IHA (see Table 1).
These air-to-surface gunnery activities
are expected to have a negligible impact
on the affected species or stocks. In
addition, the potential for TTS is very
low and will be mitigated to the lowest
level practicable through the
incorporation of the mitigation
measures mentioned in this document.
NMFS believes that the proposed
modifications to the current mitigation
requirements will not result in an
increase in Level B harassment levels
estimated in 2006. the previously
discussed modifications (protected
species survey altitude, ramp-up
procedures and sea state conditions) to
the mitigation measures in Eglin’s
existing IHA for the A-S gunnery
exercises in the EGTTR, is unlikely to
change NMFS’ 2006 determination.
Endangered Species Act (ESA)
Consultation under section 7 of the
ESA on Eglin AFB’s A-S Gunnery
Missions in the EGTTR was completed
on December 18, 1998. Consultation was
reinitiated by Eglin AFB with NMFS on
February 13, 2003, and concluded on
October 20, 2004. A NMFS Biological
Opinion issued on October 20, 2004,
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19:13 May 29, 2007
Jkt 211001
concluded that the A-S gunnery
exercises in the EGTTR are unlikely to
jeopardize the continued existence of
species listed under the ESA that are
within the jurisdiction of NMFS or
destroy or adversely modify critical
habitat. NMFS has preliminary
determined that this action, including
the modifications to the mitigation and
monitoring measures, does not have
effects beyond that which was analyzed
in that previous consultation, it is
within the scope of that action and
reinitiation of consultation is not
necessary. However, prior to issuance of
this IHA, NMFS will make a final
determination whether additional
consultation is necessary.
issuance of an IHA to Eglin AFB for this
activity is not necessary.
National Environmental Policy Act
(NEPA)
The U.S. Air Force (USAF) made a
Finding of No Significant Impact
(FONSI) determination on August 18,
2003, based on information contained
within its November, 2002 Final PEA,
that implementation of the subject
action is not a major Federal action
having significant effects on the
environment within the meaning of
NEPA. The USAF determined, therefore,
that an environmental impact statement
(EIS) would not be prepared. NMFS
noted that Eglin AFB had prepared a
Final PEA for the EGTTR activity and
made this Final PEA available upon
request on January 23, 2006 (71 FR
3474). In accordance with NOAA
Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999), NMFS reviewed the information
contained in Eglin AFB’s Final PEA and
determined that Eglin AFB’s Final PEA
accurately and completely describes the
proposed action, the alternatives to the
proposed action, and the potential
impacts on marine mammals,
endangered species, and other marine
life that could be impacted by the
preferred alternative and the other
alternatives. Accordingly, NMFS
adopted Eglin AFB’s Final PEA under
40 CFR 1506.3 and made its own
FONSI. The NMFS FONSI also took into
consideration updated data and
information contained in the NMFS’
Federal Register document noting
issuance of an IHA to Eglin AFB for this
activity (71 FR 27695, May 12, 2006),
and previous notices (71 FR 3474
(January 23, 2006); 70 FR 48675 (August
19, 2005)). NMFS has preliminarily
determined that the current proposed
action will not result in a significant
modification in the previously reviewed
activity and, therefore, a new EA,
supplemental EA or an EIS for the
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed IHA (see
ADDRESSES).
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Proposed Authorization
NMFS proposes to reissue an IHA to
Eglin AFB for conducting A-S gunnery
exercises within the EGTTR in the
northern GOM provided the mitigation,
monitoring, and reporting requirements
described in this Federal Register notice
are incorporated. NMFS has
preliminarily determined that the
proposed activity is unlikely to result in
injury or mortality to marine mammals,
and would have a negligible impact on
the affected marine mammal species or
stocks. The MMPA provision relating to
impacts on subsistence are not relevant.
Dated: May 24, 2007.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–10372 Filed 5–29–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA39
Taking and Importing of Marine
Mammals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; affirmative finding
renewal.
AGENCY:
SUMMARY: The Assistant Administrator
for Fisheries, NMFS, (Assistant
Administrator) has renewed the
affirmative finding for the Republic of
Ecuador under the Marine Mammal
Protection Act (MMPA). This
affirmative finding will allow yellowfin
tuna harvested in the eastern tropical
Pacific Ocean (ETP) in compliance with
the International Dolphin Conservation
Program (IDCP) by Ecuadorian-flag
purse seine vessels or purse seine
vessels operating under Ecuadorian
jurisdiction to be imported into the
United States. The affirmative finding
was based on review of documentary
evidence submitted by the Republic of
Ecuador and obtained from the InterAmerican Tropical Tuna Commission
(IATTC) and the U.S. Department of
State.
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices
The renewal is effective from
April 1, 2007, through March 31, 2008.
FOR FURTHER INFORMATION CONTACT:
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA
90802–4213; phone 562–980–4000; fax
562–980–4018.
SUPPLEMENTARY INFORMATION: The
MMPA, 16 U.S.C. 1361 et seq., allows
the entry into the United States of
yellowfin tuna harvested by purse seine
vessels in the ETP under certain
conditions. If requested by the
harvesting nation, the Assistant
Administrator will determine whether
to make an affirmative finding based
upon documentary evidence provided
by the government of the harvesting
nation, the IATTC, or the Department of
State.
The affirmative finding process
requires that the harvesting nation is
meeting its obligations under the IDCP
and obligations of membership in the
IATTC. Every 5 years, the government of
the harvesting nation must request an
affirmative finding and submit the
required documentary evidence directly
to the Assistant Administrator. On an
annual basis, NMFS will review the
affirmative finding and determine
whether the harvesting nation continues
to meet the requirements. A nation may
provide information related to
compliance with IDCP and IATTC
measures directly to NMFS on an
annual basis or may authorize the
IATTC to release the information to
NMFS to annually renew an affirmative
finding determination without an
application from the harvesting nation.
An affirmative finding will be
terminated, in consultation with the
Secretary of State, if the Assistant
Administrator determines that the
requirements of 50 CFR 216.24(f) are no
longer being met or that a nation is
consistently failing to take enforcement
actions on violations, thereby
diminishing the effectiveness of the
IDCP.
As a part of the affirmative finding
process set forth in 50 CFR 216.24(f), the
Assistant Administrator considered
documentary evidence submitted by the
Republic of Ecuador or obtained from
the IATTC and the Department of State
and has determined that Ecuador has
met the MMPA’s requirements to
receive an annual affirmative finding
renewal.
After consultation with the
Department of State, the Assistant
Administrator issued the Republic of
Ecuador’s annual affirmative finding
renewal, allowing the continued
importation into the United States of
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DATES:
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19:13 May 29, 2007
Jkt 211001
yellowfin tuna and products derived
from yellowfin tuna harvested in the
ETP by Ecuadorian-flag purse seine
vessels or purse seine vessels operating
under Ecuadorian jurisdiction.
Ecuador’s affirmative finding will
remain valid through March 31, 2010,
subject to subsequent annual reviews by
NMFS.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–10373 Filed 5–29–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Proposed Information Collection;
Comment Request; NTIA/FCC WebCoordination Collection
ACTION:
Notice.
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before July 30, 2007.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer, U.S.
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to: Steve Litts, Technology
Speciality, Systems Development
Branch, Office of Spectrum
Management, National
Telecommunications and Information
Administration, U.S. Department of
Commerce, Room 4096, 14th and
Constitution Avenue, NW., Washington
DC 20230 (or via the Internet at
Slitts@ntia.doc.gov).
SUPPLEMENTARY INFORMATION:
I. Abstract
The National Telecommunications
and Information Administration (NTIA)
developed a web-based system that
collects specific identification
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29983
information (e.g., company name,
location and projected range of the
operation) from applicants seeking to
operate in existing and planned radio
frequency (RF) bands that are shared on
a co-primary basis by federal and nonfederal users. The web-based system
provides a means for non-federal
applicants to rapidly determine the
availability of RF spectrum in a specific
location, or the need for detailed
frequency coordination of a specific
newly proposed assignment within the
shared portions of the radio spectrum.
The website allows the non-federal
applicant’s proposed radio site
information to be analyzed, and a realtime determination to be made as to
whether there is a potential for
interference to, or from, existing Federal
government radio operations in the
vicinity of the proposed site. This webbased coordination system helps
expedite the coordination process for
non-federal applicants while assuring
protection of government data relating
to national security. The information
provided by non-federal applicants also
assures the protection of the applicant’s
station from radio frequency
interference from future government
operations.
The non-federal applicants are
required to submit information
regarding the physical characteristics of
the proposed radio station and the
proposed location of the operation. This
information is necessary for a
determination of electromagnetic
compatibility among radio stations in
the frequency band. The name and
address of the proposed licensee is also
required, as currently required by the
Federal Communications Commission.
All data requested on the website is
currently required for the coordination
of non-federal radio stations in RF
spectrum that is shared with the federal
government.
II. Method of Collection
The application and instructions are
on the NTIA website. Non-federal
applicants submit applications
electronically through the Web site.
III. Data
OMB Number: 0660–0018.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Business or other forprofit organizations, state or local
government.
Estimated Number of Respondents:
3,000.
Estimated Time Per Response: 15
minutes.
Estimated Total Annual Respondent
Burden Hours: 750.
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Agencies
[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29982-29983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10373]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA39
Taking and Importing of Marine Mammals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; affirmative finding renewal.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries, NMFS, (Assistant
Administrator) has renewed the affirmative finding for the Republic of
Ecuador under the Marine Mammal Protection Act (MMPA). This affirmative
finding will allow yellowfin tuna harvested in the eastern tropical
Pacific Ocean (ETP) in compliance with the International Dolphin
Conservation Program (IDCP) by Ecuadorian-flag purse seine vessels or
purse seine vessels operating under Ecuadorian jurisdiction to be
imported into the United States. The affirmative finding was based on
review of documentary evidence submitted by the Republic of Ecuador and
obtained from the Inter-American Tropical Tuna Commission (IATTC) and
the U.S. Department of State.
[[Page 29983]]
DATES: The renewal is effective from April 1, 2007, through March 31,
2008.
FOR FURTHER INFORMATION CONTACT: Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA
90802-4213; phone 562-980-4000; fax 562-980-4018.
SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows the
entry into the United States of yellowfin tuna harvested by purse seine
vessels in the ETP under certain conditions. If requested by the
harvesting nation, the Assistant Administrator will determine whether
to make an affirmative finding based upon documentary evidence provided
by the government of the harvesting nation, the IATTC, or the
Department of State.
The affirmative finding process requires that the harvesting nation
is meeting its obligations under the IDCP and obligations of membership
in the IATTC. Every 5 years, the government of the harvesting nation
must request an affirmative finding and submit the required documentary
evidence directly to the Assistant Administrator. On an annual basis,
NMFS will review the affirmative finding and determine whether the
harvesting nation continues to meet the requirements. A nation may
provide information related to compliance with IDCP and IATTC measures
directly to NMFS on an annual basis or may authorize the IATTC to
release the information to NMFS to annually renew an affirmative
finding determination without an application from the harvesting
nation.
An affirmative finding will be terminated, in consultation with the
Secretary of State, if the Assistant Administrator determines that the
requirements of 50 CFR 216.24(f) are no longer being met or that a
nation is consistently failing to take enforcement actions on
violations, thereby diminishing the effectiveness of the IDCP.
As a part of the affirmative finding process set forth in 50 CFR
216.24(f), the Assistant Administrator considered documentary evidence
submitted by the Republic of Ecuador or obtained from the IATTC and the
Department of State and has determined that Ecuador has met the MMPA's
requirements to receive an annual affirmative finding renewal.
After consultation with the Department of State, the Assistant
Administrator issued the Republic of Ecuador's annual affirmative
finding renewal, allowing the continued importation into the United
States of yellowfin tuna and products derived from yellowfin tuna
harvested in the ETP by Ecuadorian-flag purse seine vessels or purse
seine vessels operating under Ecuadorian jurisdiction. Ecuador's
affirmative finding will remain valid through March 31, 2010, subject
to subsequent annual reviews by NMFS.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-10373 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-22-S