New England Fishery Management Council; Public Meeting, 3569-3570 [E9-1084]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
Actual implementation of actions in the
Plan will depend on available funding.
Comment 29: A commenter
recommended the formation of a
smalltooth sawfish implementation
team.
Response: NMFS has formed a
Smalltooth Sawfish Implementation
Team. More information on this team
can be found at: https://
www.flmnh.ufl.edu/fish/Gallery/
Descript/STSawfish/STSawfish.html.
Comment 30: A commenter suggested
that NMFS require new gear and
equipment for release of smalltooth
sawfish.
Response: NMFS developed Safe
Handling and Release Guidelines for the
species (Appendix B), and made
revisions to the plan to recommend use
of circle hooks to reduce hooking injury
and mortality. Training in safe handling
and release methods for captured
smalltooth sawfish is required in some
of NMFS federally-managed fisheries.
Additionally, specific types of release
equipment are required to be on-board
boats in specific federally-managed
fisheries.
Comment 31: A commenter stated that
future developments should not destroy
mangroves.
Response: As stated in the response to
comment ι17, federal, state, and local
laws protect mangroves and may be
applicable to development projects on a
case-by-case basis. The Plan establishes
objectives for protection and restoration
of mangroves but the Plan itself cannot
impose requirements on future
development projects.
Comment 32: One commenter
recommended that eBay should not be
able to sell any parts of sawfish.
Response: Smalltooth sawfish are
protected under Appendix 1 of the
Convention on International Trade in
Endangered Species of Wild Fauna and
Flora. Trade of parts is prohibited.
Comment 33: Numerous (6,000)
commenters expressed general support
for the recovery plan.
Summary of Changes
Below we describe the changes made
to the final Plan that were not discussed
in the comment section.
Change 1: The Recovery Criteria for
nursery habitat was clarified to include
the protection of non-mangrove habitats.
Historic and current juvenile encounters
indicate they are located in areas
outside the range of mangroves. We
believe we will need nursery areas
outside of the range of mangroves to
recover the species, but at this time
cannot determine the specific features
utilized by juveniles. Once we identify
the habitat features utilized by juveniles
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18:54 Jan 16, 2009
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in non-mangrove habitats, we need to
protect and/or restore these areas for
recovery of the species.
Change 2: Section II, Recovery
Strategy was rearranged to streamline
the document and remove redundancy.
Change 3: Figures 8a, 8b, and 8c were
renamed as ‘‘Protected Areas’’ because
they include upland areas as well as
marine areas.
Change 4: Citations and Recovery
Actions were updated to reflect new
publication dates or accomplishment of
some actions.
Change 5: Latitude and longitude
locations were placed in the Recovery
Regions Map (Figure 9) to clarify where
each recovery region begins and ends.
Change 6: NMFS made several
changes to the Implementation
Schedule. We provided additional
comments in the ‘‘Comments’’ section of
the table to note ongoing research. Some
action start dates were delayed based on
expected budget constraints.
Additionally, some of the priority
numbers were raised or lowered based
on comments from the public. The
following Actions were modified or
added:
• Action 1.1.3 was changed from a
priority 2 to a priority 1.
• Action 1.1.7 was changed from a
priority 2 to a priority 3.
• Action 1.1.17 start date was
changed to FY08.
• Action 1.5.1 was given a priority of
3.
• Action 2.1.3 start date was changed
to FY09.
• Action 2.1.6 was changed from a
priority 2 to a priority 1.
• Action 2.1.8 was changed to clarify
the function of the area.
• Action 2.1.10 start date was moved
to FY08.
• Action 2.1.11 was clarified to
include nursery areas only within
Florida because Florida is believed to be
the center of the population.
• Action 2.2.1 was changed from a
priority 2 to a priority 1 and start year
was changed to FY08.
• Action 2.2.2 was changed from a
priority 2 to a priority 1.
• Action 2.3.3 start date was changed
to FY08
• Action 3.1.3 start date was changed
to FY08.
• Action 3.3.4 was changed from a
priority 1 to a priority 3.
• Action 3.3.5 was changed from a
priority 2 to a priority 3.
Authority: 16 U.S.C. 1531 et seq.
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3569
Dated: January 13, 2009.
Angela Somma,
Chief, Endangered Species Division, National
Marine Fisheries Service.
[FR Doc. E9–1118 Filed 1–16–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648-XM79
New England Fishery Management
Council; Public Meeting
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
SUMMARY: The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scientific and Statistical Committee on
February 6, 2009 to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Friday, February 6, 2009 at 8:30 a.m.
ADDRESSES: Meeting address: The
meeting will be held at the Radisson
Airport Hotel, 2081 Post Road,
Warwick, RI 02886; telephone: (401)
739–3000; fax: (401) 732–9309.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The
Scientific and Statistical Committee
(SSC) will review the process to be used
by the Scallop Plan Development Team
to develop recommendations, as part of
Amendment 15 to the Scallop Fishery
Management Plan, for acceptable
biological catch (ABCs), annual catch
limits (ACLs) and accountability
measures (AMs), as well as methods for
analyzing the social and economic
impacts of management measures. The
SSC also will review recommendations
from the Skate Plan Development Team
regarding updated Skate Total
Allowable Landings (TALs), as well as
ABCs, ACLs and AMs, as part of
Amendment 3 to the Skate Fishery
Management Plan, using new data
reviewed during the recent Data Poor
Stocks Peer Review Meeting.
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21JAN1
3570
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Paul
J. Howard, Executive Director, at 978–
465–0492, at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 14, 2009.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–1084 Filed 1–16–09; 8:45 am]
BILLING CODE 3510–22–S
COMMODITY FUTURES TRADING
COMMISSION
Notice of Additional Conditions on the
No-Action Relief When Foreign Boards
of Trade That Have Received Staff NoAction Relief To Permit Direct Access
to Their Automated Trading Systems
From Locations in the United States
List for Trading From the U.S. Linked
Futures and Option Contracts and a
Revision of Commission Policy
Regarding the Listing of Certain New
Option Contracts
mstockstill on PROD1PC66 with NOTICES
AGENCY: Commodity Futures Trading
Commission.
ACTION: Notice.
SUMMARY: The Commodity Futures
Trading Commission (Commission) is
providing notice requiring foreign
boards of trade that may receive
Commission staff no-action relief
permitting them to make their
automated trading systems directly
available from the U.S. to comply with
additional conditions for the no-action
relief to remain effective if they list for
trading from the U.S. contracts that are
linked to contracts traded on certain
U.S.-based entities. Separately, the
Commission is providing notice that it
is revising its policy regarding the
notification procedures applicable to
listing an option on a futures contract
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18:54 Jan 16, 2009
Jkt 217001
that already is (or can be) listed for
trading from the U.S.
DATES: Effective Date: The conditions
and notification procedures are effective
immediately.
FOR FURTHER INFORMATION CONTACT:
Duane C. Andresen, Senior Special
Counsel, Division of Market Oversight,
Commodity Futures Trading
Commission, Three Lafayette Center,
1155 21st Street, NW., Washington, DC
20581. Telephone: 202–418–5492. Email: dandresen@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Since 1996,1 Commission staff has
issued no-action letters 2 to foreign
boards of trade (FBOT) stating that,
subject to compliance with certain
conditions, the staff will not
recommend that the Commission take
enforcement action against the FBOT or
its members if the FBOT permits its
members or participants in the United
States to have direct access 3 to its
electronic trading system without
seeking designation under the
Commodity Exchange Act (CEA or Act)
as a contract market (DCM) or
registration as a derivatives transaction
execution facility (DTEF).4 On June 2,
1 In February 1996, Commission staff issued noaction relief to Deutsche Terminborse (DTB), an
automated international futures and options
exchange headquartered in Frankfurt, Germany,
that permitted DTB, subject to certain terms and
conditions, to place computer terminals in the U.S.
offices of its members for principal trading. See
CFTC Interpretative Letter No. 96–28 (1996–1997
Transfer Binder) Comm. Fut. L. Rep. (CCH) para.
26,669 (Feb. 29. 1996). In June 1998, DTB merged
with the Swiss Options and Financial Futures
Exchange and DTB changed its name to Eurex
Deutschland.
2 See Commission Rule 140.99, 17 CFR 140.99
(2006), which defines the term ‘‘no-action letter’’ as
a written statement issued by the staff of a Division
of the Commission or of the Office of General
Counsel that it will not recommend enforcement
action to the Commission for failure to comply with
a specific provision of the Act or of a Commission
rule, regulation or order if a proposed transaction
is completed or a proposed activity is conducted by
the beneficiary.
3 Direct access means that the member in the U.S.
may enter an order directly into the trade matching
engine to be matched according to the trade
matching algorithm. Direct access is different from
an automated order routing system (AORS) in that
an order transmitted via AORS is intermediated in
that it is entered into the trade matching engine by
or through the intermediary, i.e., the intermediary,
not the member in the U.S., has direct access.
4 The no-action letters issued to FBOTs, formerly
referred to as ‘‘foreign terminal no-action letters,’’
are currently referred to as ‘‘direct access no-action
letters’’ and are published on the Commission’s
Web site at: https://www.cftc.gov/dea/
deaforeignterminaltable.htm. Hereinafter the letters
are simply referred to as ‘‘no-action letters.’’
Reference to DTEFs in the no-action letters was
added following the establishment of that
registration category by the Commodity Futures
Modernization Act of 2000.
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Frm 00030
Fmt 4703
Sfmt 4703
1999, the Commission issued an order
which, among other things, withdrew
proposed rules that would have
governed automated access to FBOTs
from the U.S. and instructed the
Commission staff to begin immediately
processing no-action requests from
FBOTs seeking to place trading
terminals in the U.S., and to issue
responses where appropriate, pursuant
to the general guidelines included in the
Eurex (DTB) no-action process, or other
guidelines established by the
Commission.5 On October 22, 2006, the
Commission issued a Statement of
Policy that affirmed the use of the noaction process to permit FBOTs to
provide direct access to their electronic
trading systems to U.S. members or
authorized participants.6
Commission staff has issued 21 noaction letters since the DTB letter, all of
which grant the no-action relief
requested subject to a series of terms
and conditions. The terms and
conditions, among other things, assure
the Division (1) That the FBOT
continues to be a bona fide FBOT
subject to effective regulation in its
home country; (2) that direct access is
restricted to authorized entities; (3) that
the Division receives notice of any
material changes in the information
provided to it in support of the noaction request including, without
limitation, any modification of the
FBOT’s membership criteria, the
location of its management, personnel
or operations, the basic structure,
nature, or operation of the trading
system, or the regulatory or selfregulatory structure applicable to its
members; and (4) that satisfactory
information-sharing arrangements
between the Commission, the FBOT,
and the FBOT’s relevant regulatory
authorities will remain in effect.
With respect to the listing of new
contracts, initially FBOTs that received
no-action relief that wished to list
additional futures and option contracts
for trading by direct access from the
U.S. were required to request in writing
and receive supplemental no-action
relief from Commission staff prior to
listing the new contracts. On June 30,
2000, the Commission issued a
Statement of Policy that permitted
FBOTs with no-action relief to list
additional futures and option contracts
for trading from the U.S. merely by
filing with Commission staff no later
5 Access to Automated Boards of Trade, 64 FR
32829 (June 18, 1999).
6 Boards of Trade Located Outside of the United
States and No-Action Relief from the Requirement
to Become a Designated Contract Market or
Derivatives Transaction Execution Facility, 71 FR
64443 (November 2, 2006).
E:\FR\FM\21JAN1.SGM
21JAN1
Agencies
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3569-3570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1084]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM79
New England Fishery Management Council; Public Meeting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; public meeting.
-----------------------------------------------------------------------
SUMMARY: The New England Fishery Management Council (Council) is
scheduling a public meeting of its Scientific and Statistical Committee
on February 6, 2009 to consider actions affecting New England fisheries
in the exclusive economic zone (EEZ). Recommendations from this group
will be brought to the full Council for formal consideration and
action, if appropriate.
DATES: This meeting will be held on Friday, February 6, 2009 at 8:30
a.m.
ADDRESSES: Meeting address: The meeting will be held at the Radisson
Airport Hotel, 2081 Post Road, Warwick, RI 02886; telephone: (401) 739-
3000; fax: (401) 732-9309.
Council address: New England Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director,
New England Fishery Management Council; telephone: (978) 465-0492.
SUPPLEMENTARY INFORMATION: The Scientific and Statistical Committee
(SSC) will review the process to be used by the Scallop Plan
Development Team to develop recommendations, as part of Amendment 15 to
the Scallop Fishery Management Plan, for acceptable biological catch
(ABCs), annual catch limits (ACLs) and accountability measures (AMs),
as well as methods for analyzing the social and economic impacts of
management measures. The SSC also will review recommendations from the
Skate Plan Development Team regarding updated Skate Total Allowable
Landings (TALs), as well as ABCs, ACLs and AMs, as part of Amendment 3
to the Skate Fishery Management Plan, using new data reviewed during
the recent Data Poor Stocks Peer Review Meeting.
[[Page 3570]]
Although non-emergency issues not contained in this agenda may come
before this group for discussion, those issues may not be the subject
of formal action during this meeting. Action will be restricted to
those issues specifically listed in this notice and any issues arising
after publication of this notice that require emergency action under
section 305(c) of the Magnuson-Stevens Act, provided the public has
been notified of the Council's intent to take final action to address
the emergency.
Special Accommodations
This meeting is physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aids
should be directed to Paul J. Howard, Executive Director, at 978-465-
0492, at least 5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 14, 2009.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E9-1084 Filed 1-16-09; 8:45 am]
BILLING CODE 3510-22-S