Listing Endangered and Threatened Species: Correction To Codify in the Code of Federal Regulations Endangered Status for Southern Resident Killer Whales, 14299-14300 [2011-6137]
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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations
States. In that context, the ITU Radio
Regulations govern. Thus, our decision
here is limited to the determination that
when applying for market access in the
United States, non-U.S.-licensed
operators must meet the same legal and
technical rules as U.S. licensees, and
where departures from those rules are
sought, the same waiver standards
apply.
Ordering Clauses
Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 4(i), 4(j), 7(a), 301, 303(c),
303(f), 303(g), 303(r), 303(y), and 308 of
the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i), 154(j),
157(a), 301, 303(c), 303(f), 303(g), 303(r),
303(y), 308, this Order on
Reconsideration is adopted.
It is further ordered that Telesat
Canada’s Petition for Reconsideration
filed on September 28, 2007 is denied.
It is further ordered that Telesat
Canada’s Petition for Reconsideration
filed on November 21, 2007 is denied.
It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center shall send a copy of
this Order on Reconsideration,
including the final regulatory flexibility
act certification, to the Chief Counsel for
Advocacy of the Small Business
Administration, in accordance with
section 603(a) of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
(1981).
It is further ordered that the
Commission shall send a copy of this
Order on Reconsideration in a report to
be sent to Congress and the General
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–6145 Filed 3–15–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[Docket No. 110223163–1180–01]
RIN 0648–XA231
Listing Endangered and Threatened
Species: Correction To Codify in the
Code of Federal Regulations
Endangered Status for Southern
Resident Killer Whales
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
We, NMFS, announce a
correcting amendment to the Code of
Federal Regulations to identify the
Southern Resident killer whale (Orcinus
orca) distinct population segment (DPS)
as an endangered species under the
Endangered Species Act of 1973 (ESA).
DATES: Effective March 16, 2011.
FOR FURTHER INFORMATION CONTACT: For
further information regarding this
correcting amendment contact Steve
Stone, NMFS, Northwest Region, 503–
231–2317; or Marta Nammack, NMFS,
Office of Protected Resources, 301–713–
1401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background and Correcting
Amendment
We listed the Southern Resident killer
whale DPS as an endangered species
under the ESA on November 18, 2005
(70 FR 69903). That final rule became
effective on February 16, 2006, and the
species was included in the
enumeration of endangered species at
50 CFR 224.101(b). In separate and
unrelated rulemaking, we published a
final rule on March 6, 2008 (73 FR
12024), to list the North Pacific right
whale (Eubalaena. japonica) and North
Atlantic right whale (E. glacialis) as
separate endangered species under the
ESA. In that more recent rule the
Southern Resident killer whale DPS was
inadvertently dropped from the
enumeration of endangered species at
50 CFR 224.101(b). This correcting
amendment remedies that oversight.
Classification
The Assistant Administrator (AA)
finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and
opportunity for public comment
because it is impracticable, unnecessary,
VerDate Mar<15>2010
16:52 Mar 15, 2011
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Frm 00025
Fmt 4700
Sfmt 4700
14299
and contrary to the public interest. We
fully intended the Southern Resident
killer whale DPS to be listed as an
endangered species under the ESA and
expressly stated this intent in the
November 2005 final rule (70 FR 69903;
November 18, 2005). We also previously
provided public notice in the Federal
Register and considered public
comments on the 2004 proposed rule
(69 FR 76673; December 22, 2004).
Further, this DPS was correctly
included in the October 2006 and 2007
issues of the CFR. However, due to a
clerical error in unrelated rulemaking
on March 6, 2008 (73 FR 12024), the
DPS was omitted from the list of
endangered species published at 50 CFR
224.101 in the October 2008 and
subsequent issues of the CFR. In order
to avoid regulatory confusion and
ensure continuous protections and
enforcement capability for the Southern
Resident killer whale, the AA waives
the requirement for prior notice and
opportunity for public comment.
For the same reasons above, the AA
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness and makes this rule
effective immediately upon publication.
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
It has been determined that this rule
is not significant for purposes of
Executive Order 12866.
References
Copies of previous Federal Register
notices and related reference materials
are available on the Internet at https://
www.nwr.noaa.gov, or upon request (see
FOR FURTHER INFORMATION CONTACT
section above).
List of Subjects in 50 CFR Part 224
Endangered marine and anadromous
species.
Dated: March 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set forth in the
preamble, 50 CFR part 224 is corrected
by making the following correcting
amendment:
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 224
continues to read as follows:
■
E:\FR\FM\16MRR1.SGM
16MRR1
14300
Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
§ 224.101
[Amended]
2. In § 224.101, paragraph (b), add
‘‘Killer whale (Orcinus orca), Southern
Resident distinct population segment,
which consists of whales from J, K and
L pods, wherever they are found in the
wild, and not including Southern
Resident killer whales placed in
captivity prior to listing or their captive
born progeny’’ following ‘‘Indus River
dolphin (Platanista minor);’’.
■
[FR Doc. 2011–6137 Filed 3–15–11; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 110104009–1186–02]
RIN 0648–BA25
Pacific Halibut Fisheries; Catch
Sharing Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The Assistant Administrator
for Fisheries, National Oceanic and
Atmospheric Administration (NOAA
AA), on behalf of the International
Pacific Halibut Commission (IPHC),
publishes annual management measures
promulgated as regulations by the IPHC
and approved by the Secretary of State
governing the Pacific halibut fishery.
The AA also announces modifications
to the Catch Sharing Plan (CSP) for Area
2A (waters off the U.S. West Coast) and
implementing regulations for 2011, and
announces approval of the Area 2A CSP.
These actions are intended to enhance
the conservation of Pacific halibut and
further the goals and objectives of the
Pacific Fishery Management Council
(PFMC) and the North Pacific Fishery
Management Council (NPFMC)
(Councils).
SUMMARY:
This rule is effective April 15,
2011. The IPHC’s 2011 annual
management measures are effective
March 16, 2011, except for the measures
in section 26, which are effective April
15, 2011. The 2011 management
measures are effective until superseded.
ADDRESSES: Additional requests for
information regarding this action may
be obtained by contacting: the
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DATES:
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16:52 Mar 15, 2011
Jkt 223001
International Pacific Halibut
Commission, 2320 W. Commodore Way
Suite 300, Seattle, WA 98199–1287; or
Sustainable Fisheries Division, NMFS
Alaska Region, P.O. Box 21668, Juneau,
AK 99802, Attn: Ellen Sebastian,
Records Officer; or Sustainable Fisheries
Division, NMFS Northwest Region, 7600
Sand Point Way, NE, Seattle WA 98115.
This final rule also is accessible via the
Internet at the Federal eRulemaking
portal at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
waters off Alaska, Glenn Merrill, 907–
586–7228, e-mail at
glenn.merrill@noaa.gov; or Peggy
Murphy, 907–586–7228, e-mail at
peggy.murphy@noaa.gov; or, for waters
off the U.S. West Coast, Sarah Williams,
206–526–4646, e-mail at
sarah.williams@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The IPHC has promulgated
regulations governing the Pacific halibut
fishery in 2011 under the Convention
between Canada and the United States
for the Preservation of the Halibut
Fishery of the North Pacific Ocean and
Bering Sea (Convention), signed at
Ottawa, Ontario, on March 2, 1953, as
amended by a Protocol Amending the
Convention (signed at Washington, DC,
on March 29, 1979).
As provided by the Northern Pacific
Halibut Act of 1982 (Halibut Act) at 16
U.S.C. 773b, the Secretary of State, with
the concurrence of the Secretary of
Commerce (Secretary), may accept or
reject, on behalf of the United States,
recommendations made by the IPHC in
accordance with the Convention
(Halibut Act, Section773–773k.). On
March 8, 2011, the Secretary of State of
the United States, with the concurrence
of the Secretary of Commerce, accepted
the 2011 IPHC regulations as provided
by the Northern Pacific Halibut Act of
1982 (Halibut Act) at 16 U.S.C. 773–
773k.
The Halibut Act provides the
Secretary with the authority and general
responsibility to carry out the
requirements of the Convention and the
Halibut Act. The Regional Fishery
Management Councils may develop and
the Secretary may implement
regulations governing harvesting
privileges among U.S. fishermen in U.S.
waters that are in addition to, and not
in conflict with approved IPHC
regulations. The NPFMC has exercised
this authority most notably in
developing a suite of halibut
management programs that correspond
to the three fisheries that harvest halibut
in Alaska: the subsistence, sport, and
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
commercial fisheries. In 2010/2011,
these programs were revised by
regulations recommended by the
NPFMC.
On January 5, 2010, NMFS published
a final rule implementing a Limited
Access System for Guided Sport Charter
Vessels in Alaska for halibut in IPHC
Regulatory Areas 2C and 3A (75 FR
554). On September 17, 2010, NMFS
amended these regulations to revise the
method of assigning angler
endorsements to charter halibut permits
to more closely align each endorsement
vessel anglers reported for each vessel
that a charter business used to qualify
for a charter halibut permit (75 FR
56904).
On January 12, 2010, NMFS
published notice that applications
would be accepted from persons
February 4, 2010, through April 5, 2010,
that applied to receive a charter halibut
permit under the limited access program
for the guided charter fishery for halibut
in Area 2C and Area 3A (75 FR 1595).
Beginning February 1, 2011, Area 2C
and Area 3A charter business operators
were required to have a charter halibut
permit on board a vessel if charter
vessel anglers are catching and retaining
halibut
On February 7, 2011, NMFS
published a final rule amending
recordkeeping and reporting
requirements for halibut charter vessels
operating in IPHC Areas 2C and 3A (76
FR 6567). This rule improves
consistency between State of Alaska and
Federal regulations regarding the
submission of charter logbook data
sheets, logbook recording requirements,
and the definition of a fishing week.
Changes in subsistence and sport
halibut fishery management measures
are codified at 50 CFR 300. Commercial
halibut fisheries in Alaska operate
within the Individual Fishing Quota
(IFQ) Program and Community
Development Quota (CDQ) Program (50
CFR part 679), and through area-specific
catch sharing plans. Regulations for a
commercial and sport fishery Halibut
CSP in Areas 2C and 3A are being
developed pursuant to the NPFMC
authority under the Halibut Act.
The PFMC also exercises authority in
a CSP allocating halibut among groups
of fishermen in Area 2A; off the coasts
of Washington, Oregon, and California.
The CSP allocates the Area 2A catch
limit among treaty Indian and nonIndian harvesters, and non-Indian
commercial and sport harvesters. The
treaty Indian group includes Tribal
commercial and Tribal ceremonial and
subsistence fisheries. The Secretary
implemented the Area 2A CSP
recommended by the PFMC in 1995.
E:\FR\FM\16MRR1.SGM
16MRR1
Agencies
[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14299-14300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6137]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 110223163-1180-01]
RIN 0648-XA231
Listing Endangered and Threatened Species: Correction To Codify
in the Code of Federal Regulations Endangered Status for Southern
Resident Killer Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce a correcting amendment to the Code of
Federal Regulations to identify the Southern Resident killer whale
(Orcinus orca) distinct population segment (DPS) as an endangered
species under the Endangered Species Act of 1973 (ESA).
DATES: Effective March 16, 2011.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
correcting amendment contact Steve Stone, NMFS, Northwest Region, 503-
231-2317; or Marta Nammack, NMFS, Office of Protected Resources, 301-
713-1401.
SUPPLEMENTARY INFORMATION:
Background and Correcting Amendment
We listed the Southern Resident killer whale DPS as an endangered
species under the ESA on November 18, 2005 (70 FR 69903). That final
rule became effective on February 16, 2006, and the species was
included in the enumeration of endangered species at 50 CFR 224.101(b).
In separate and unrelated rulemaking, we published a final rule on
March 6, 2008 (73 FR 12024), to list the North Pacific right whale
(Eubalaena. japonica) and North Atlantic right whale (E. glacialis) as
separate endangered species under the ESA. In that more recent rule the
Southern Resident killer whale DPS was inadvertently dropped from the
enumeration of endangered species at 50 CFR 224.101(b). This correcting
amendment remedies that oversight.
Classification
The Assistant Administrator (AA) finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and opportunity for public comment
because it is impracticable, unnecessary, and contrary to the public
interest. We fully intended the Southern Resident killer whale DPS to
be listed as an endangered species under the ESA and expressly stated
this intent in the November 2005 final rule (70 FR 69903; November 18,
2005). We also previously provided public notice in the Federal
Register and considered public comments on the 2004 proposed rule (69
FR 76673; December 22, 2004). Further, this DPS was correctly included
in the October 2006 and 2007 issues of the CFR. However, due to a
clerical error in unrelated rulemaking on March 6, 2008 (73 FR 12024),
the DPS was omitted from the list of endangered species published at 50
CFR 224.101 in the October 2008 and subsequent issues of the CFR. In
order to avoid regulatory confusion and ensure continuous protections
and enforcement capability for the Southern Resident killer whale, the
AA waives the requirement for prior notice and opportunity for public
comment.
For the same reasons above, the AA finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness and makes this
rule effective immediately upon publication.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
It has been determined that this rule is not significant for
purposes of Executive Order 12866.
References
Copies of previous Federal Register notices and related reference
materials are available on the Internet at https://www.nwr.noaa.gov, or
upon request (see FOR FURTHER INFORMATION CONTACT section above).
List of Subjects in 50 CFR Part 224
Endangered marine and anadromous species.
Dated: March 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 224 is
corrected by making the following correcting amendment:
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 224 continues to read as follows:
[[Page 14300]]
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Sec. 224.101 [Amended]
0
2. In Sec. 224.101, paragraph (b), add ``Killer whale (Orcinus orca),
Southern Resident distinct population segment, which consists of whales
from J, K and L pods, wherever they are found in the wild, and not
including Southern Resident killer whales placed in captivity prior to
listing or their captive born progeny'' following ``Indus River dolphin
(Platanista minor);''.
[FR Doc. 2011-6137 Filed 3-15-11; 8:45 am]
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