Endangered and Threatened Species; Take of Anadromous Fish, 4834-4835 [2013-01229]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with 4834 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. After notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Larrison by affiliation, ownership, control or position of responsibility in the conduct of trade or related services may also be subject to the provisions of this Order if necessary to prevent evasion of the Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until June 23, 2016. VI. In accordance with Part 756 of the Regulations, Larrison may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to the Larrison. This Order shall be published in the Federal Register. VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 Issued this 14th day of January 2013. Bernard Kritzer, Director, Office of Exporter Services. [FR Doc. 2013–01262 Filed 1–22–13; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade Advisory Committee Public Meeting International Trade Administration, Commerce. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: This notice sets forth the schedule and proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The meeting is scheduled for Tuesday, February 26, 2012, at 9:00 a.m. Eastern Daylight Time (EDT). ADDRESSES: The meeting will be held in Room 4830 at the U.S. Department of Commerce, Herbert Clark Hoover Building, 1401 Constitution Avenue NW., Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Mr. Todd DeLelle, Office of Energy & Environmental Industries (OEEI), International Trade Administration, Room 4053, 1401 Constitution Avenue NW., Washington, DC 20230. (Phone: 202–482–4877; Fax: 202–482–5665; email: todd.delelle@trade.gov). This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to OEEI at (202) 482–5225 no less than one week prior to the meeting. SUPPLEMENTARY INFORMATION: The meeting will take place from 9:00 a.m. to 3:30 p.m. EDT. This meeting is open to the public and time will be permitted for public comment from 3:00–3:30 p.m. EDT. Written comments concerning ETTAC affairs are welcome any time before or after the meeting. Minutes will be available within 30 days of this meeting. Topics to be considered: As the first meeting of the newly reappointed Committee, the agenda will include an overview of the roles and responsibilities of members and discussion of Committee structure. The Committee will also review the work of the previous ETTAC and begin to outline important issues and policies that affect environmental trade. The status of the U.S. Environmental Export Initiative will also be discussed. SUMMARY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 Background: The ETTAC is mandated by Public Law 103–392. It was created to advise the U.S. government on environmental trade policies and programs, and to help it to focus its resources on increasing the exports of the U.S. environmental industry. ETTAC operates as an advisory committee to the Secretary of Commerce and the Trade Promotion Coordinating Committee (TPCC). ETTAC was originally chartered in May of 1994. It was most recently re-chartered until September 2014. Man Cho, Energy Team Leader, Office of Energy & Environmental Industries. [FR Doc. 2013–01257 Filed 1–22–13; 8:45 am] BILLING CODE 3510–DR–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC444 Endangered and Threatened Species; Take of Anadromous Fish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability and request for comment. AGENCY: Notice is hereby given that NMFS has received a Tribal Resource Management Plan (TRMP) from the Nez Perce Tribe (NPT), and an updated Fishery Management and Evaluation Plan (FMEP) for fishery management in the Snake River Basin in Northeast Oregon. The TRMP is provided pursuant to the Tribal 4(d) Rule; the FMEP is provided pursuant to the salmon and steelhead 4(d) Rule. This document serves to notify the public of the availability for comment of the proposed evaluation of the Secretary of Commerce (Secretary) as to how the NPT TRMP addresses the criteria in the ESA, and of the FMEP. NMFS also announces the availability of a supplemental draft Environmental Assessment (EA) for the pending determination. DATES: Comments and other submissions must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific time on February 22, 2013. ADDRESSES: Written responses to the application should be sent to Enrique ˜ Patino, National Marine Fisheries Services, Salmon Management Division, 7600 Sand Point Way NE., Seattle, WA SUMMARY: E:\FR\FM\23JAN1.SGM 23JAN1 Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices 98115. Comments may also be submitted by email to: NEOregonFisheryPlans.nwr@noaa.gov. Include in the subject line of the email comment the following identifier: Comments on Northeast Oregon Fishery Plans. Comments may also be sent via facsimile (fax) to (206) 526–6736. Requests for copies of the documents should be directed to the National Marine Fisheries Services, Salmon Management Division, 7600 Sand Point Way NE., Seattle, WA 98115. The documents are also available on the Internet at www.nwr.noaa.gov. Comments received will also be available for public inspection, by appointment, during normal business hours by calling (503) 230–5418. FOR FURTHER INFORMATION CONTACT: ˜ Enrique Patino at (206) 526–4655 or email: enrique.patino@noaa.gov. SUPPLEMENTARY INFORMATION: Species Covered in This Notice Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally produced and artificially propagated Snake River Spring/Summer-run. Steelhead (O. mykiss): threatened, naturally produced and artificially propagated Snake River Basin. wreier-aviles on DSK5TPTVN1PROD with Background Previously, NMFS had received fishery management plans for fisheries in tributaries of northeast Oregon. These plans, submitted by the ShoshoneBannock Tribes, the Confederated Tribes of the Umatilla Indian Reservation, and the Oregon Department of Fish and Wildlife were the subjects of a draft environmental assessment and associated documents provided for public review and comment (76 FR 49735, August 11, 2011). Subsequent to that 30-day comment period, on February 17, 2012, NMFS received an updated TRMP from the NPT, addressing management of NPT fisheries in the Grande Ronde and Imnaha Rivers. NMFS also received an updated FMEP from Oregon describing inclusion of spring/summer Chinook salmon fisheries in the Washington State portion of the Grande Ronde River to be managed by the Washington Department of Fish and Wildlife on April 24, 2012. NMFS received additional comments clarifying aspects of the proposed actions. NMFS prepared a proposed evaluation of and pending determination on the NPT fishery plan, and updated the NMFS EA to incorporate the additional information. The FMEPs and TRMPs propose to manage all spring/summer Chinook salmon fisheries to achieve escapement VerDate Mar<15>2010 15:22 Jan 22, 2013 Jkt 229001 objectives. The FMEPs and TRMPs utilize a harvest rate with five tiers based on predicted adult abundance to each of the affected populations. The majority of the harvest is anticipated to come from hatchery-origin stocks. The FMEPs and TRMPs also describe a process to guide coordination of fishery design and implementation between the agencies implementing fisheries in the action area. As required by the ESA 4(d) Rule for Tribal Plans (65 FR 42481, July 10, 2000 [50 CFR 223.209]), the Secretary must determine pursuant to 50 CFR 223.209 and pursuant to the government-togovernment processes therein whether the TRMPs for fisheries in Northeast Oregon would appreciably reduce the likelihood of survival and recovery of Snake River spring/summer and Snake River Basin steelhead. The Secretary must take comments on his pending determination as to whether the TRMPs address the criteria in the Tribal 4(d) Rule and in § 223.203(b)(4). As specified in § 223.203(b)(4) of the ESA 4(d) Rule, NMFS may approve an FMEP if it meets criteria set forth in § 223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, NMFS must publish notification announcing its availability for public review and comment. NEPA requires Federal agencies to conduct an environmental analysis of their proposed actions to determine if the actions may affect the human environment. NMFS expects to take action on three ESA section 4(d) TRMPs and two ESA section 4(d) FMEPs. Therefore, NMFS is seeking public input on the scope of the required NEPA analysis with the inclusion of the additional proposed activities, including the range of reasonable alternatives and associated impacts of any alternatives. The final NEPA, TRMP, and FMEP determinations will not be completed until after the end of the 30-day comment period and will fully consider all public comments received during the comment period. NMFS will publish a record of its final action on the TRMPs in the Federal Register. Authority Under section 4 of the ESA, NMFS, by delegated authority from the Secretary of Commerce, is required to adopt such regulations as he deems necessary and advisable for the conservation of the species listed as threatened. The ESA salmon and steelhead 4(d) Rule (65 FR 42422, July 10, 2000) specifies categories of activities that contribute to the conservation of listed salmonids and sets out the criteria for such activities. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 4835 Limit 4 of the updated 4(d) rule (50 CFR 223.203(b)(4)) further provides that the prohibitions of paragraph (a) of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities associated with fishery harvest provided that an FMEP has been approved by NMFS to be in accordance with the salmon and steelhead 4(d) rule (65 FR 42422, July 10, 2000, as updated in 70 FR 37160, June 28, 2005). The ESA Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that the ESA section 9 take prohibitions will not apply to TRMPs that will not appreciably reduce the likelihood of survival and recovery for the listed species. Dated: January 16, 2013. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2013–01229 Filed 1–22–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XC431 Endangered and Threatened Species; Recovery Plan for the North Pacific Right Whale National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability; request for comments. AGENCY: The National Marine Fisheries Service (NMFS) announces the availability for public review of the draft Recovery Plan (Plan) for the North Pacific right whale (Eubalaena japonica). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval. SUMMARY: Comments on the draft Plan must be received by close of business on March 11, 2013. ADDRESSES: You may submit comments, identified by 0648– XC431, by any of the following methods: Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal https:// www.regulations.gov. Mail: Angela Somma, National Marine Fisheries Service, Office of Protected Resources, Endangered Species DATES: E:\FR\FM\23JAN1.SGM 23JAN1

Agencies

[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4834-4835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01229]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC444


Endangered and Threatened Species; Take of Anadromous Fish

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

ACTION: Notice of availability and request for comment.

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

SUMMARY: Notice is hereby given that NMFS has received a Tribal 
Resource Management Plan (TRMP) from the Nez Perce Tribe (NPT), and an 
updated Fishery Management and Evaluation Plan (FMEP) for fishery 
management in the Snake River Basin in Northeast Oregon. The TRMP is 
provided pursuant to the Tribal 4(d) Rule; the FMEP is provided 
pursuant to the salmon and steelhead 4(d) Rule. This document serves to 
notify the public of the availability for comment of the proposed 
evaluation of the Secretary of Commerce (Secretary) as to how the NPT 
TRMP addresses the criteria in the ESA, and of the FMEP. NMFS also 
announces the availability of a supplemental draft Environmental 
Assessment (EA) for the pending determination.

DATES: Comments and other submissions must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific time on February 22, 2013.

ADDRESSES: Written responses to the application should be sent to 
Enrique Pati[ntilde]o, National Marine Fisheries Services, Salmon 
Management Division, 7600 Sand Point Way NE., Seattle, WA

[[Page 4835]]

98115. Comments may also be submitted by email to: 
NEOregonFisheryPlans.nwr@noaa.gov. Include in the subject line of the 
email comment the following identifier: Comments on Northeast Oregon 
Fishery Plans. Comments may also be sent via facsimile (fax) to (206) 
526-6736. Requests for copies of the documents should be directed to 
the National Marine Fisheries Services, Salmon Management Division, 
7600 Sand Point Way NE., Seattle, WA 98115. The documents are also 
available on the Internet at www.nwr.noaa.gov. Comments received will 
also be available for public inspection, by appointment, during normal 
business hours by calling (503) 230-5418.

FOR FURTHER INFORMATION CONTACT: Enrique Patino at (206) 526-4655 or 
email: enrique.patino@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice

    Chinook salmon (Oncorhynchus tshawytscha): threatened, naturally 
produced and artificially propagated Snake River Spring/Summer-run.
    Steelhead (O. mykiss): threatened, naturally produced and 
artificially propagated Snake River Basin.

Background

    Previously, NMFS had received fishery management plans for 
fisheries in tributaries of northeast Oregon. These plans, submitted by 
the Shoshone-Bannock Tribes, the Confederated Tribes of the Umatilla 
Indian Reservation, and the Oregon Department of Fish and Wildlife were 
the subjects of a draft environmental assessment and associated 
documents provided for public review and comment (76 FR 49735, August 
11, 2011). Subsequent to that 30-day comment period, on February 17, 
2012, NMFS received an updated TRMP from the NPT, addressing management 
of NPT fisheries in the Grande Ronde and Imnaha Rivers. NMFS also 
received an updated FMEP from Oregon describing inclusion of spring/
summer Chinook salmon fisheries in the Washington State portion of the 
Grande Ronde River to be managed by the Washington Department of Fish 
and Wildlife on April 24, 2012. NMFS received additional comments 
clarifying aspects of the proposed actions. NMFS prepared a proposed 
evaluation of and pending determination on the NPT fishery plan, and 
updated the NMFS EA to incorporate the additional information.
    The FMEPs and TRMPs propose to manage all spring/summer Chinook 
salmon fisheries to achieve escapement objectives. The FMEPs and TRMPs 
utilize a harvest rate with five tiers based on predicted adult 
abundance to each of the affected populations. The majority of the 
harvest is anticipated to come from hatchery-origin stocks. The FMEPs 
and TRMPs also describe a process to guide coordination of fishery 
design and implementation between the agencies implementing fisheries 
in the action area.
    As required by the ESA 4(d) Rule for Tribal Plans (65 FR 42481, 
July 10, 2000 [50 CFR 223.209]), the Secretary must determine pursuant 
to 50 CFR 223.209 and pursuant to the government-to-government 
processes therein whether the TRMPs for fisheries in Northeast Oregon 
would appreciably reduce the likelihood of survival and recovery of 
Snake River spring/summer and Snake River Basin steelhead. The 
Secretary must take comments on his pending determination as to whether 
the TRMPs address the criteria in the Tribal 4(d) Rule and in Sec.  
223.203(b)(4).
    As specified in Sec.  223.203(b)(4) of the ESA 4(d) Rule, NMFS may 
approve an FMEP if it meets criteria set forth in Sec.  
223.203(b)(4)(i)(A) through (I). Prior to final approval of an FMEP, 
NMFS must publish notification announcing its availability for public 
review and comment.
    NEPA requires Federal agencies to conduct an environmental analysis 
of their proposed actions to determine if the actions may affect the 
human environment. NMFS expects to take action on three ESA section 
4(d) TRMPs and two ESA section 4(d) FMEPs. Therefore, NMFS is seeking 
public input on the scope of the required NEPA analysis with the 
inclusion of the additional proposed activities, including the range of 
reasonable alternatives and associated impacts of any alternatives.
    The final NEPA, TRMP, and FMEP determinations will not be completed 
until after the end of the 30-day comment period and will fully 
consider all public comments received during the comment period. NMFS 
will publish a record of its final action on the TRMPs in the Federal 
Register.

Authority

    Under section 4 of the ESA, NMFS, by delegated authority from the 
Secretary of Commerce, is required to adopt such regulations as he 
deems necessary and advisable for the conservation of the species 
listed as threatened. The ESA salmon and steelhead 4(d) Rule (65 FR 
42422, July 10, 2000) specifies categories of activities that 
contribute to the conservation of listed salmonids and sets out the 
criteria for such activities. Limit 4 of the updated 4(d) rule (50 CFR 
223.203(b)(4)) further provides that the prohibitions of paragraph (a) 
of the updated 4(d) rule (50 CFR 223.203(a)) do not apply to activities 
associated with fishery harvest provided that an FMEP has been approved 
by NMFS to be in accordance with the salmon and steelhead 4(d) rule (65 
FR 42422, July 10, 2000, as updated in 70 FR 37160, June 28, 2005). The 
ESA Tribal 4(d) Rule (65 FR 42481, July 10, 2000) states that the ESA 
section 9 take prohibitions will not apply to TRMPs that will not 
appreciably reduce the likelihood of survival and recovery for the 
listed species.

    Dated: January 16, 2013.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2013-01229 Filed 1-22-13; 8:45 am]
BILLING CODE 3510-22-P

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