Identification and Certification of Nations Whose Fishing Vessels Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch of Protected Living Marine Resources, 9207-9208 [E9-4478]
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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Proposed Rules
roundtail chub in the lower Colorado
River basin was not warranted because
populations of roundtail chub in the
lower Colorado River basin did not meet
our definition of a DPS (71 FR 26007).
On September 7, 2006, we received a
complaint from the Center for Biological
Diversity for declaratory and injunctive
relief, challenging our decision not to
list the lower Colorado River basin
population of the roundtail chub as an
endangered species under the Act. On
November 5, 2007, in a stipulated
settlement agreement, we agreed to
commence a new status review of the
lower Colorado basin population of the
roundtail chub and to submit a 12month finding to the Federal Register
by June 30, 2009.
At this time, we are soliciting new
information on the status of and
potential threats to the roundtail chub.
We will base our new determination as
to whether listing of a DPS for roundtail
chub in the lower Colorado River basin
is warranted on a review of the best
scientific and commercial information
available, including all information we
receive as a result of this notice. For
more information on the biology,
habitat, and range of the roundtail chub,
please refer to our previous 90-day
finding published in the Federal
Register on July 12, 2005 (70 FR 39981),
and our previous 12-month finding
published in the Federal Register on
May 3, 2006 (71 FR 26007).
Author
The primary authors of this notice are
the staff members of the Arizona
Ecological Services Office.
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: February 20, 2009.
Ken Stansell,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E9–4155 Filed 3–2–09; 8:45 am]
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BILLING CODE 4310–55–P
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS–R9–MB–2009–0003; 91200–1231–
9BPP]
RIN 1018–AW46
Migratory Bird Hunting; Application for
Approval of Tungsten-IronFluoropolymer Shot as Nontoxic for
Waterfowl Hunting
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of application for
nontoxic shot approval.
SUMMARY: We, the U.S. Fish and
Wildlife Service, announce that Tundra
Composites, LLC, of White Bear Lake,
Minnesota, has applied for our approval
of shot composed of alloys of tungsten,
iron, and fluoropolymer as nontoxic for
waterfowl hunting in the United States.
The alloys are 41.5 to 95.2 percent
tungsten, 1.5 to 52.0 percent steel, and
3.5 to 8.0 percent fluoropolymer by
weight. We have initiated review of the
shot under the criteria we have set out
in our nontoxic shot approval
procedures in our regulations.
DATES: Our comprehensive review of the
application information is to conclude
by May 4, 2009.
ADDRESSES: You may review the Tundra
Composites application at the Fish and
Wildlife Service, Division of Migratory
Bird Management, 4501 North Fairfax
Drive, Arlington, VA 22203–1610.
FOR FURTHER INFORMATION CONTACT: Ron
Kokel, Wildlife Biologist, Division of
Migratory Bird Management, (703) 358–
1967.
SUPPLEMENTARY INFORMATION: The
Migratory Bird Treaty Act of 1918 (Act)
(16 U.S.C. 703–712 and 16 U.S.C. 742
a–j) implements migratory bird treaties
between the United States and Great
Britain for Canada (1916 and 1996 as
amended), Mexico (1936 and 1972 as
amended), Japan (1972 and 1974 as
amended), and Russia (then the Soviet
Union, 1978). These treaties protect
certain migratory birds from take, except
as permitted under the Act. The Act
authorizes the Secretary of the Interior
to regulate take of migratory birds in the
United States. Under this authority, we
control the hunting of migratory game
birds through regulations in 50 CFR part
20. We prohibit the use of shot types
other than those listed in the Code of
Federal Regulations (CFR) at 50 CFR
20.21(j) for hunting waterfowl and coots
and any species that make up aggregate
bag limits.
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9207
Since the mid-1970s, we have sought
to identify types of shot for waterfowl
hunting that are not toxic to migratory
birds or other wildlife when ingested.
We have approved nontoxic shot types
and added them to the migratory bird
hunting regulations in 50 CFR 20.21(j).
We will continue to review all shot
types submitted for approval as
nontoxic.
Tundra Composites has submitted its
application to us with the counsel that
it contained all of the specified
information for a complete Tier 1
submittal, and has requested
unconditional approval pursuant to the
Tier 1 timeframe. Having determined
that the application is complete, we
have initiated a comprehensive review
of the Tier 1 information under 50 CFR
21.134. After review, we will either
publish a notice of review to inform the
public that the Tier 1 test results are
inconclusive, or we will publish a
proposed rule to approve the candidate
shot. If the Tier 1 tests are inconclusive,
the notice of review will indicate what
other tests we will require before we
will again consider approval of the
Tungsten-Iron-Fluoropolymer shot as
nontoxic. If the Tier 1 data review
results in a preliminary determination
that the candidate material does not
pose a significant toxicity hazard to
migratory birds, other wildlife, or their
habitats, the Service will commence
with a rulemaking proposing to approve
the candidate shot and add it to our list
at 50 CFR 20.21(j).
Dated: February 25, 2009.
Jerome Ford,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. E9–4455 Filed 3–2–09; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
RIN 0648–AX72
Identification and Certification of
Nations Whose Fishing Vessels Are
Engaged in Illegal, Unreported, or
Unregulated Fishing or Bycatch of
Protected Living Marine Resources
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearing; request
for comments.
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rwilkins on PROD1PC63 with PROPOSALS
9208
Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Proposed Rules
SUMMARY: NMFS published a proposed
rule for developing identification and
certification procedures to address
illegal, unreported, or unregulated (IUU)
fishing activities and bycatch of
protected living marine resources
(PLMRs) pursuant to the High Seas
Driftnet Fishing Moratorium Protection
Act (Moratorium Protection Act). This
notice is to announce five public
hearings and to discuss and collect
comments on the issues described in the
proposed rule.
DATES: Written comments must be
received no later than 5:00 pm Eastern
time on May 14, 2009. Public hearings
will be held in March, April, and May
of 2009. For specific dates and times,
see SUPPLEMENTARY INFORMATION.
ADDRESSES: Public hearings will be held
in Boston, MA; Silver Spring, MD; La
Jolla, CA; Seattle, WA; and Miami, FL.
For specific locations, see
SUPPLEMENTARY INFORMATION. Written
comments on this action, identified by
RIN 0648–AV51, may be submitted by
any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Mail: Laura Cimo, Trade and
Marine Stewardship Division, Office of
International Affairs, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields, if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Laura Cimo (ph. 301–713–9090, fax
301–713–9106, e-mail
Laura.Cimo@noaa.gov).
SUPPLEMENTARY INFORMATION: On
January 14, 2009 (74 FR 2019), NMFS
published a proposed rule for
developing certification procedures to
address IUU fishing activities and PLMR
bycatch pursuant to the Moratorium
Protection Act. The regulatory measures
proposed in this rule encourage nations
to cooperate with the United States
towards ending IUU fishing and
reducing the bycatch of PLMRs.
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Under the proposed rule, NMFS is
required to identify foreign nations
whose fishing vessels are engaged in
IUU fishing or fishing activities or
practices that result in bycatch of
PLMRs in a biennial report to Congress.
Once a nation has been identified in the
biennial report, a notification and
consultation process will be initiated.
Subsequent to this process, NMFS will
initiate a certification process regarding
identified nations that considers
whether the government of an identified
nation has provided evidence that
sufficient corrective action has been
taken with respect to the activities
described in the report or whether the
relevant international fishery
management organization has
implemented measures that are effective
in ending the IUU fishing activity by
vessels of that nation. Nations will
either receive a positive or a negative
certification.
The absence of sufficient action by an
identified nation to address IUU fishing
and/or PLMR bycatch may lead to the
denial of port privileges for vessels of
that nation, prohibitions on the
importation of certain fish or fish
products into the United States from
that nation, or other measures.
Identified nations that are not
positively certified by the Secretary of
Commerce could be subject to
prohibitions on the importation of
certain fisheries products into the
United States and other measures,
including limitations on port access,
under the High Seas Driftnet Fisheries
Enforcement Act (Enforcement Act)(16
U.S.C. 1826a).
Request for Comments
NMFS will hold five public hearings
to receive oral and written comments on
these proposed actions. Comments
received on the proposed rule will assist
NMFS in developing a final rule.
Dates, Times, and Locations
The public hearings will be held as
follows:
1. Monday, March 16, 2009, 9:00–
11:00 a.m., Boston Convention &
Exhibition Center, 415 Summer Street,
meeting room 203, Boston, MA 02210;
phone 617–954–2000.
2. Monday, April 6, 2009, 6:30–8:30
p.m., Hilton Hotel, 8727 Colesville
Road, Lincoln Ballroom, Silver Spring,
MD 20910; phone 301–589–5200.
3. Monday, April 13, 2009, 4:00–6:00
p.m., NMFS Southwest Fisheries
Science Center, 3333 N. Torrey Pines
Court, meeting room 370, La Jolla, CA
92037; phone 858–546–7000.
4. Tuesday, April 14, 2009, 4:00–6:00
p.m., NMFS Northwest Fisheries
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Science Center, 2725 Montlake
Boulevard East, Auditorium, Seattle,
WA 98112; phone 206–860–3200. Proof
of identification will be required for
entry.
5. Tuesday, May 12, 2009, 6:30–8:00
p.m., Miami Airport Marriott, 1201 NW
LeJeune Road, Caribbean Room, Miami,
FL 33126; phone 305–649–5000.
Special Accommodations
The sessions are physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Laura Cimo (see FOR FURTHER
INFORMATION CONTACT) at least 7 days
prior to the session.
Dated: February 25, 2009.
Rebecca J. Lent,
Director, Office of International Affairs,
National Marine Fisheries Service.
[FR Doc. E9–4478 Filed 3–2–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090129076–9092–01]
RIN 0648–AX56
Fisheries of the Northeastern United
States; Spiny Dogfish; Framework
Adjustment 2
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS proposes to implement
Framework Adjustment 2 (Framework
2) to the Spiny Dogfish Fishery
Management Plan (FMP), developed by
the Mid-Atlantic and New England
Fishery Management Councils
(Councils). Framework 2 would broaden
the FMP stock status determination
criteria for spiny dogfish, while
maintaining objective and measurable
criteria to identify when the stock is
overfished or approaching an overfished
condition. The framework action would
also establish acceptable categories of
peer review of new or revised stock
status determination criteria for the
Council to use in its specificationsetting process for spiny dogfish. This
action is necessary to ensure that
changes or modification to the stock
status determination criteria,
constituting the best available, peer-
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Agencies
[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Proposed Rules]
[Pages 9207-9208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4478]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
RIN 0648-AX72
Identification and Certification of Nations Whose Fishing Vessels
Are Engaged in Illegal, Unreported, or Unregulated Fishing or Bycatch
of Protected Living Marine Resources
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of public hearing; request for comments.
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[[Page 9208]]
SUMMARY: NMFS published a proposed rule for developing identification
and certification procedures to address illegal, unreported, or
unregulated (IUU) fishing activities and bycatch of protected living
marine resources (PLMRs) pursuant to the High Seas Driftnet Fishing
Moratorium Protection Act (Moratorium Protection Act). This notice is
to announce five public hearings and to discuss and collect comments on
the issues described in the proposed rule.
DATES: Written comments must be received no later than 5:00 pm Eastern
time on May 14, 2009. Public hearings will be held in March, April, and
May of 2009. For specific dates and times, see SUPPLEMENTARY
INFORMATION.
ADDRESSES: Public hearings will be held in Boston, MA; Silver Spring,
MD; La Jolla, CA; Seattle, WA; and Miami, FL. For specific locations,
see SUPPLEMENTARY INFORMATION. Written comments on this action,
identified by RIN 0648-AV51, may be submitted by any of the following
methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Mail: Laura Cimo, Trade and Marine Stewardship Division,
Office of International Affairs, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All personal identifying information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields, if you wish
to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file
formats only.
FOR FURTHER INFORMATION CONTACT: Laura Cimo (ph. 301-713-9090, fax 301-
713-9106, e-mail Laura.Cimo@noaa.gov).
SUPPLEMENTARY INFORMATION: On January 14, 2009 (74 FR 2019), NMFS
published a proposed rule for developing certification procedures to
address IUU fishing activities and PLMR bycatch pursuant to the
Moratorium Protection Act. The regulatory measures proposed in this
rule encourage nations to cooperate with the United States towards
ending IUU fishing and reducing the bycatch of PLMRs.
Under the proposed rule, NMFS is required to identify foreign
nations whose fishing vessels are engaged in IUU fishing or fishing
activities or practices that result in bycatch of PLMRs in a biennial
report to Congress. Once a nation has been identified in the biennial
report, a notification and consultation process will be initiated.
Subsequent to this process, NMFS will initiate a certification process
regarding identified nations that considers whether the government of
an identified nation has provided evidence that sufficient corrective
action has been taken with respect to the activities described in the
report or whether the relevant international fishery management
organization has implemented measures that are effective in ending the
IUU fishing activity by vessels of that nation. Nations will either
receive a positive or a negative certification.
The absence of sufficient action by an identified nation to address
IUU fishing and/or PLMR bycatch may lead to the denial of port
privileges for vessels of that nation, prohibitions on the importation
of certain fish or fish products into the United States from that
nation, or other measures.
Identified nations that are not positively certified by the
Secretary of Commerce could be subject to prohibitions on the
importation of certain fisheries products into the United States and
other measures, including limitations on port access, under the High
Seas Driftnet Fisheries Enforcement Act (Enforcement Act)(16 U.S.C.
1826a).
Request for Comments
NMFS will hold five public hearings to receive oral and written
comments on these proposed actions. Comments received on the proposed
rule will assist NMFS in developing a final rule.
Dates, Times, and Locations
The public hearings will be held as follows:
1. Monday, March 16, 2009, 9:00-11:00 a.m., Boston Convention &
Exhibition Center, 415 Summer Street, meeting room 203, Boston, MA
02210; phone 617-954-2000.
2. Monday, April 6, 2009, 6:30-8:30 p.m., Hilton Hotel, 8727
Colesville Road, Lincoln Ballroom, Silver Spring, MD 20910; phone 301-
589-5200.
3. Monday, April 13, 2009, 4:00-6:00 p.m., NMFS Southwest Fisheries
Science Center, 3333 N. Torrey Pines Court, meeting room 370, La Jolla,
CA 92037; phone 858-546-7000.
4. Tuesday, April 14, 2009, 4:00-6:00 p.m., NMFS Northwest
Fisheries Science Center, 2725 Montlake Boulevard East, Auditorium,
Seattle, WA 98112; phone 206-860-3200. Proof of identification will be
required for entry.
5. Tuesday, May 12, 2009, 6:30-8:00 p.m., Miami Airport Marriott,
1201 NW LeJeune Road, Caribbean Room, Miami, FL 33126; phone 305-649-
5000.
Special Accommodations
The sessions are physically accessible to people with disabilities.
Requests for sign language interpretation or other auxiliary aids
should be directed to Laura Cimo (see FOR FURTHER INFORMATION CONTACT)
at least 7 days prior to the session.
Dated: February 25, 2009.
Rebecca J. Lent,
Director, Office of International Affairs, National Marine Fisheries
Service.
[FR Doc. E9-4478 Filed 3-2-09; 8:45 am]
BILLING CODE 3510-22-S