Proposed Rules. Proposed rule

11,530 words·~52 min read·/register/2007/10/15/07-5067

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-59-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 92 RIN 1018-AV53 Migratory Bird Subsistence Harvest in Alaska; Harvest Regulations for Migratory Birds in Alaska During the 2008 Season AGENCY: Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: The U.S. Fish and Wildlife Service (Service or we) is publishing migratory bird subsistence harvest regulations in Alaska for the 2008 season. This proposed rule establishes regulations that prescribe dates when harvesting of birds may occur, species that can be taken, and methods and means excluded from use.

These regulations were developed under a Co-management process involving the Service, the Alaska Department of Fish and Game, and Alaska Native representatives. These regulations enable the continuation of customary and traditional subsistence uses of migratory birds in Alaska. The rulemaking is necessary because the regulations governing the subsistence harvest of migratory birds in Alaska are subject to annual review. This rulemaking proposes region-specific regulations that go into effect on April 2, 2008, and expire on August 31, 2008.

DATES: Comments on the proposed subsistence harvest regulations for migratory birds in Alaska must be submitted by December 14, 2007. ADDRESSES: You may submit comments on this proposed rule by any of the following methods: 1. *U.S. mail or hand delivery:* Regional Director, Alaska Region, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Anchorage, AK 99503. 2. *Fax:*

(907)786-3306. 3. *E-mail: ambcc@fws.gov.* 4. *Federal e-rulemaking portal: http://www.regulations.gov.* Follow the instructions on the site for submitting comments. FOR FURTHER INFORMATION CONTACT: Fred Armstrong,

(907)786-3887, or Donna Dewhurst,

(907)786-3499, U.S. Fish and Wildlife Service, 1011 E. Tudor Road, Mail Stop 201, Anchorage, AK 99503. SUPPLEMENTARY INFORMATION: How Do I Find the History of These Regulations? Background information, including past events leading to this action, accomplishments since the Migratory Bird Treaties with Canada and Mexico were amended, and a history addressing conservation issues can be found in the following **Federal Register** notices: August 16, 2002 (67 FR 53511); July 21, 2003 (68 FR 43010); April 2, 2004 (69 FR 17318); April 8, 2005 (70 FR 18244); February 28, 2006 (71 FR 10404); and April 11, 2007 (72 FR 18318). These documents are readily available at *http://alaska.fws.gov/ambcc/regulations.htm.* Why Is This Current Rulemaking Necessary? This current rulemaking is necessary because the migratory bird harvest season is closed unless opened, and the regulations governing subsistence harvest of migratory birds in Alaska are subject to public review and annual approval. The Alaska Migratory Bird Co-management Council (Co-management Council) held a meeting in April 2007 to develop recommendations for changes effective for the 2008 harvest season. These recommendations were presented to the Service Regulations Committee

(SRC)on August 1 and 2, 2007, and were approved. This rule proposes regulations for the taking of migratory birds for subsistence uses in Alaska during 2008. This rule lists migratory bird species that are proposed to be open or closed to harvest, as well as proposed season openings and closures by region. How Will the Service Continue To Ensure That the Subsistence Harvest Will Not Raise Overall Migratory Bird Harvest? The Service has an emergency closure provision (§ 92.21), so that if any significant increases in harvest are documented for one or more species in a region, an emergency closure can be requested and implemented. Eligibility to harvest under the regulations established in 2003 was limited to permanent residents, regardless of race, in villages located within the Alaska Peninsula, Kodiak Archipelago, the Aleutian Islands and in areas north and west of the Alaska Range (§ 92.5). These geographical restrictions opened the initial subsistence migratory bird harvest to only about 13 percent of Alaska residents. High-population areas such as Anchorage, the Matanuska-Susitna and Fairbanks North Star boroughs, the Kenai Peninsula roaded area, the Gulf of Alaska roaded area, and Southeast Alaska were excluded from the eligible subsistence harvest areas. Based on petitions requesting inclusion in the harvest, in 2004, we added 13 additional communities based on criteria set forth in § 92.5(c). These communities were Gulkana, Gakona, Tazlina, Copper Center, Mentasta Lake, Chitina, Chistochina, Tatitlek, Chenega, Port Graham, Nanwalek, Tyonek, and Hoonah, with a combined population of 2,766. In 2005, we added three additional communities for glaucous-winged gull egg gathering only, based on petitions requesting inclusion. These southeastern communities were Craig, Hydaburg, and Yakutat, with a combined population of 2,459. In 2007, we have enacted the Alaska Department of Fish and Game's (ADF&G) request to expand the Fairbanks North Star Borough excluded area to include the Central Interior area. This excluded the following communities from participation in this harvest: Big Delta/Fort Greely, Healy, McKinley Park/Village and Ferry, with a combined population of 2,812. These removed communities reduced the percentage of the State population included in the subsistence harvest to 13 percent. Subsistence harvest has been monitored for the past 15 years through the use of annual household surveys in the most heavily used subsistence harvest areas, e.g., Yukon/Kuskokwim Delta. Continuation of this monitoring enables tracking of any major changes or trends in levels of harvest and user participation after legalization of the harvest. The Office of Management and Budget

(OMB)has approved the information collection and assigned OMB control number 1018-0124, which expires on January 31, 2010. What Birds Will Be Open To Harvest in 2008? At the request of the North Slope Borough Fish and Game Management Committee, the Co-management Council recommended continuing into 2008 the provisions originally established in 2005 to allow subsistence use of yellow-billed loons inadvertently caught in subsistence fishing

(gill)nets on the North Slope. Yellow-billed loons are culturally important for the Inupiat Eskimo of the North Slope for use in traditional dance regalia. A maximum of 20 yellow-billed loons may be caught in 2008 pursuant to this provision. Individual reporting to the North Slope Borough Department of Wildlife is required by the end of each season. In addition, the North Slope Borough has asked fishermen, through announcements on the radio and through personal contact, to report all entanglements of loons to better estimate the levels of injury or mortality caused by gill nets. In 2006, two yellow-billed loons were reported taken in fishing nets and an additional one was found alive in a net and released. This provision, to allow subsistence possession and use of yellow-billed loons caught in fishing gill nets, is subject to annual review and renewal by the SRC. We are proposing to consolidate the lists of birds closed and open to harvest (currently in §§ 92.31 and 92.32, respectively) into one open list and to move this list to subpart C (permanent regulations at § 92.22). We would also add the following clarifying statement: “You may harvest birds or gather eggs from the following species, listed in taxonomic order, within all included regions. When birds are listed at the species level, all subspecies existing in Alaska are also open to harvest. All bird species *not* listed are closed to harvesting and egg gathering.” We excluded some bird species from the list purely on the basis of current population concerns, and we will reopen the harvest of these species if their population status improves. This proposal was requested by the Executive Director of the Alaska Migratory Bird Co-management Council. By going from two bird lists, an open list and a closed list, to just an open list, we could save thousands of dollars per year. Up until now, we have been printing both lists in the **Federal Register** each year, at both the proposed and final rule stage. This action would also clarify and simplify the regulations as to which bird species can be legally harvested, eliminating the confusion caused by situations when birds are not listed anywhere but are illegal to harvest, such as all Passerines. What Is Proposed for Change in the Region-Specific Regulations for 2008? We are proposing to remove from the 2006-07 regulation the Special Area Closure in the Yukon/Kuskokwim Delta Region that included the goose colonies in Kokechik Bay, Tutakoke River, Kigigak Island Colony, Baird Peninsula, and Baird Island. This proposal was requested by the Association of Village Council Presidents. Removal of this Special Area Closure would make the regulation consistent with the Pacific Flyway recommendation to place the harvest of brant under a less restrictive status. We are proposing to amend the migratory bird harvest seasons for the Kodiak Archipelago to extend the early season 10 days until June 30 for seabird harvesting (closed period would then be July 1-31), and remain the same for all other birds. This proposal was requested by the Kodiak Regional Advisory Council to allow for variations in the nesting phenology of seabirds, primarily to accommodate egg gathering on the later-nesting black-legged kittiwakes. We are proposing to amend the migratory bird harvest seasons for the Northwest Arctic Region to move the seabird egg-gathering season start date from July 3 to May 20. This proposal was requested by the Maniilaq Association to accommodate harvesting of gull eggs, primarily glaucous, glaucous-winged, mew and Sabine's gulls. Gulls typically initiate egg laying earlier than other seabirds such as alcids. We are proposing to add a special brant open season from June 20 through July 5 for the coastline surrounding Wainwright within the Southern Unit of the North Slope Region. The open area would consist of the coastline, from mean high water line outward to include open water, from Nokotlek Point east to longitude line 158°30′ W. This proposal would allow for harvest of non-nesting, failed nesting, and sub-adult black brant migrating from western Alaska to their molting areas on the North Slope. This proposal was requested by the North Slope Borough Department of Wildlife Management to allow for the continuation of Wainwright's customary and traditional harvest of brant (non- or failed nesters and sub-adult) migrating to their molting areas. This would be a very limited harvest of migrating brant only, to be used for a traditional celebration after a successful whaling season. Black brant (Niglingaq) are a very important subsistence resource to the Wainwright Inupiat. The most concentrated hunting for brant takes place along the beach as brant migrate in large flocks northward during the months of May and June. Often people hunting brant and eiders stay at traditional campsites along the coastline within a day's travel of Wainwright. One or several families set up tents on the sand or atop banks and may remain there for several days. Brant hunters may sit in driftwood blinds on the beach near camp if the birds are flying overhead, or they may go out onto the ice if birds are flying more offshore. Much of the brant harvest in June is in preparation for Nalukataq (blanket toss). Nalukataq is a traditional community feast and celebration for successful whaling crews, which is usually held mid-to-late June. At this celebration, one of the main courses served to the entire community and visiting guests is duck and geese soup. Black brant is one type of goose that is harvested specifically for the Nalukataq feast. Public Availability of Comments Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Statutory Authority We derive our authority to issue these regulations from the Migratory Bird Treaty Act of 1918, 16 U.S.C. 712(1), which authorizes the Secretary of the Interior, in accordance with the treaties with Canada, Mexico, Japan, and Russia, to “issue such regulations as may be necessary to assure that the taking of migratory birds and the collection of their eggs, by the indigenous inhabitants of the State of Alaska, shall be permitted for their own nutritional and other essential needs, as determined by the Secretary of the Interior, during seasons established so as to provide for the preservation and maintenance of stocks of migratory birds.” Required Determinations Executive Order 12866 Executive Order 12866 requires each agency to write regulations that are easy to understand. We invite your comments on how to make this rule easier to understand, including answers to questions such as the following:

(1)Are the requirements in the rule clearly stated?

(2)Does the rule contain technical language or jargon that interferes with its clarity?

(3)Does the format of the rule (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce its clarity?

(4)Would the rule be easier to understand if it were divided into more (but shorter) sections?

(5)Is the description of the rule in the “Supplementary Information” section of the preamble helpful in understanding the rule?

(6)What else could we do to make the rule easier to understand? Send a copy of any comments regarding how we could make this rule easier to understand to: Office of Regulatory Affairs, Department of the Interior, Room 7229, 1849 C Street NW., Washington, DC 20240. You may also e-mail the comments to this address: *Exsec@ios.doi.gov.* OMB has determined that this document is not a significant rule subject to OMB review under Executive Order 12866.

(a)This rule will not have an annual economic effect of $100 million or more or adversely affect an economic sector, productivity, jobs, the environment, or other units of government. The rule does not provide for new or additional hunting opportunities, and therefore, will have minimal economic or environmental impact. This rule benefits those participants who engage in the subsistence harvest of migratory birds in Alaska in two identifiable ways: First, participants receive the consumptive value of the birds harvested; and second, participants get the cultural benefit associated with the maintenance of a subsistence economy and way of life. The Service can estimate the consumptive value for birds harvested under this rule but does not have a dollar value for the cultural benefit of maintaining a subsistence economy and way of life. The economic value derived from the consumption of the harvested migratory birds has been estimated using the results of a paper by Robert J. Wolfe titled “Subsistence Food Harvests in Rural Alaska, and Food Safety Issues” (August 13, 1996). Using data from Wolfe's paper and applying it to the areas that will be included in this process, we determined a maximum economic value of $6 million. This is the estimated economic benefit of the consumptive part of this rule for participants in subsistence hunting. The cultural benefits of maintaining a subsistence economy and way of life can be of considerable value to the participants, and these benefits are not included in this figure.

(b)This rule will not create inconsistencies with other agencies' actions. We are the Federal agency responsible for the management of migratory birds, and coordinate with the State of Alaska's Department of Fish and Game on management programs within Alaska. The State of Alaska is a member of the Alaska Migratory Bird Co-management Council.

(c)This rule will not materially affect entitlements, grants, user fees, loan programs, or the rights and obligations of their recipients. The rule does not affect entitlement programs.

(d)This rule will not raise novel legal or policy issues. The subsistence harvest regulations will go through the same national regulatory process as the existing migratory bird hunting regulations in 50 CFR part 20. Regulatory Flexibility Act The Department of the Interior certifies that this rule will not have a significant economic effect on a substantial number of small entities as defined under the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ). An initial regulatory flexibility analysis is not required. Accordingly, a Small Entity Compliance Guide is not required. The rule legalizes a pre-existing subsistence activity, and the resources harvested will be consumed by the harvesters or persons within their local community. Small Business Regulatory Enforcement Fairness Act This rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act, as discussed in the Executive Order 12866 section above.

(a)This rule will not have an annual effect on the economy of $100 million or more. It will legalize and regulate a traditional subsistence activity. It will not result in a substantial increase in subsistence harvest or a significant change in harvesting patterns. The commodities being regulated under this rule are migratory birds. This rule deals with legalizing the subsistence harvest of migratory birds and, as such, does not involve commodities traded in the marketplace. A small economic benefit from this rule derives from the sale of equipment and ammunition to carry out subsistence hunting. Most, if not all, businesses that sell hunting equipment in rural Alaska would qualify as small businesses. We have no reason to believe that this rule will lead to a disproportionate distribution of benefits.

(b)This rule will not cause a major increase in costs or prices for consumers; individual industries; Federal, State, or local government agencies; or geographic regions. This rule does not deal with traded commodities and, therefore, does not have an impact on prices for consumers.

(c)This rule does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. This rule deals with the harvesting of wildlife for personal consumption. It does not regulate the marketplace in any way to generate effects on the economy or the ability of businesses to compete. Unfunded Mandates Reform Act We have determined and certified pursuant to the Unfunded Mandates Reform Act (2 U.S.C. 1501 *et seq* .) that this rule will not impose a cost of $100 million or more in any given year on local, State, or tribal governments or private entities. A statement containing the information required by this Act is therefore not necessary. Participation on regional management bodies and the Co-management Council will require travel expenses for some Alaska Native organizations and local governments. In addition, they will assume some expenses related to coordinating involvement of village councils in the regulatory process. Total coordination and travel expenses for all Alaska Native organizations are estimated to be less than $300,000 per year. In the Notice of Decision (65 FR 16405; March 28, 2000), we identified 12 partner organizations (Alaska Native non-profits and local governments) to administer the regional programs. The Alaska Department of Fish and Game will also incur expenses for travel to Co-management Council and regional management body meetings. In addition, the State of Alaska will be required to provide technical staff support to each of the regional management bodies and to the Co-management Council. Expenses for the State's involvement may exceed $100,000 per year, but should not exceed $150,000 per year. When funding permits, we make annual grant agreements available to the partner organizations and the Alaska Department of Fish and Game to help offset their expenses. Paperwork Reduction Act This rule has been examined under the Paperwork Reduction Act of 1995 and has been found to contain no information collection requirements. We have, however, received OMB approval of associated voluntary annual household surveys used to determine levels of subsistence take. The OMB control number for the information collection is 1018-0124, which expires on January 31, 2010. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. Federalism Effects As discussed in the Executive Order 12866 and Unfunded Mandates Reform Act sections above, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment under Executive Order 13132. We worked with the State of Alaska on development of these regulations. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that it will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Takings Implication Assessment This rule is not specific to particular land ownership, but applies to the harvesting of migratory bird resources throughout Alaska. Therefore, in accordance with Executive Order 12630, this rule does not have significant taking implications. Government-to-Government Relations With Native American Tribal Governments In accordance with the President's memorandum of April 29, 1994, “Government-to-Government Relations With Native American Tribal Governments” (59 FR 22951), and Executive Order 13175 (65 FR 67249; November 6, 2000), concerning consultation and coordination with Indian Tribal Governments, we have consulted with Alaska tribes and evaluated the rule for possible effects on tribes or trust resources, and have determined that there are no significant effects. The rule will legally recognize the subsistence harvest of migratory birds and their eggs for tribal members, as well as for other indigenous inhabitants. Endangered Species Act Consideration Prior to issuance of annual spring and summer subsistence regulations, we will comply with the requirments of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536; hereinafter the Act) to ensure that these regulations are not likely to jeopardize the continued existence of any species listed as endangered or threatened, or destroy or adversely modify any designated critical habitats for such species, and that they are consistent with conservation programs for those species. Consultations under Section 7 of the Act conducted in connection with the environmental assessment for the annual subsistence take regulations may cause us to change these regulations. Our biological opinion resulting from the Section 7 consultation is a public document available for public inspection at the address indicated under the caption ADDRESSES . National Environmental Policy Act Consideration The annual regulations and options were considered in the Environmental Assessment, “Managing Migratory Bird Subsistence Hunting in Alaska: Hunting Regulations for the 2008 Spring/Summer Harvest,” issued August 15, 2007. Copies are available from the address indicated under the caption ADDRESSES . Energy Supply, Distribution, or Use (Executive Order 13211) On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. Because this rule would allow only for traditional subsistence harvest and would improve conservation of migratory birds by allowing effective regulation of this harvest, it is not a significant regulatory action under Executive Order 12866. Consequently, it is not expected to significantly affect energy supplies, distribution, and use. Therefore, this action is not a significant energy action under Executive Order 13211 and no Statement of Energy Effects is required. List of Subjects in 50 CFR Part 92 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Subsistence, Treaties, Wildlife. For the reasons set out in the preamble, we propose to amend title 50, chapter I, subchapter G, of the Code of Federal Regulations as follows: PART 92—MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA 1. The authority citation for part 92 continues to read as follows: Authority: 16 U.S.C. 703-712. Subpart C—General Regulations Governing Subsistence Harvest 2. In subpart C, add § 92.22 to read as follows: § 92.22 Subsistence migratory bird species. You may harvest birds or gather eggs from the following species, listed in taxonomic order, within all included areas except Southeast Alaska, which is restricted to Glaucous-winged gull egg harvesting only. When birds are listed at the species level, all subspecies existing in Alaska are also open to harvest. All bird species not listed are closed to harvesting and egg gathering.

(a)Family Anatidae.

(1)Greater White-fronted Goose ( *Anser albifrons* ).

(2)Snow Goose ( *Chen caerulescens* ).

(3)Lesser Canada Goose ( *Branta canadensis parvipes* ).

(4)Taverner's Canada Goose ( *Branta canadensis taverneri* ).

(5)Aleutian Canada Goose ( *Branta canadensis leucopareia* )—except in the Semidi Islands.

(6)Cackling Canada Goose ( *Branta canadensis minima* )—except no egg gathering is permitted.

(7)Black Brant ( *Branta bernicla nigricans* )—except no egg gathering is permitted in the Yukon/Kuskokwim Delta and the North Slope regions.

(8)Tundra Swan ( *Cygnus columbianus* )—except in Units 9(D) and 10.

(9)Gadwall ( *Anas strepera* ).

(10)Eurasian Wigeon ( *Anas penelope* ).

(11)American Wigeon ( *Anas americana* ).

(12)Mallard ( *Anas platyrhynchos* ).

(13)Blue-winged Teal ( *Anas discors* ).

(14)Northern Shoveler ( *Anas clypeata* ).

(15)Northern Pintail ( *Anas acuta* ).

(16)Green-winged Teal ( *Anas crecca* ).

(17)Canvasback ( *Aythya valisineria* ).

(18)Redhead ( *Aythya americana* ).

(19)Ring-necked Duck ( *Aythya collaris* ).

(20)Greater Scaup ( *Aythya marila* ).

(21)Lesser Scaup ( *Aythya affinis* ).

(22)King Eider ( *Somateria spectabilis* ).

(23)Common Eider ( *Somateria mollissima* ).

(24)Harlequin Duck ( *Histrionicus histrionicus* ).

(25)Surf Scoter ( *Melanitta perspicillata* ).

(26)White-winged Scoter ( *Melanitta fusca* ).

(27)Black Scoter ( *Melanitta nigra* ).

(28)Long-tailed Duck ( *Clangula hyemalis* ).

(29)Bufflehead ( *Bucephala albeola* ).

(30)Common Goldeneye ( *Bucephala clangula* ).

(31)Barrow's Goldeneye ( *Bucephala islandica* ).

(32)Hooded Merganser ( *Lophodytes cucullatus* ).

(33)Common Merganser ( *Mergus merganser* ).

(34)Red-breasted Merganser ( *Mergus serrator* ).

(b)Family Gaviidae.

(1)Red-throated Loon ( *Gavia stellata* ).

(2)Arctic Loon ( *Gavia arctica* ).

(3)Pacific Loon ( *Gavia pacifica* ).

(4)Common Loon ( *Gavia immer* ).

(5)Yellow-billed Loon ( *Gavia adamsii* )—In the North Slope Region only, a total of up to 20 yellow-billed loons inadvertently caught in fishing nets may be kept for subsistence purposes.

(c)Family Podicipedidae.

(1)Horned Grebe ( *Podiceps auritus* ).

(2)Red-necked Grebe ( *Podiceps grisegena* ).

(d)Family Procellariidae.

(1)Northern Fulmar ( *Fulmarus glacialis* ).

(2)[Reserved].

(e)Family Phalacrocoracidae.

(1)Double-crested Cormorant ( *Phalacrocorax auritus* ).

(2)Pelagic Cormorant ( *Phalacrocorax pelagicus* ).

(f)Family Gruidae.

(1)Sandhill Crane ( *Grus canadensis* ).

(2)[Reserved].

(g)Family Charadriidae.

(1)Black-bellied Plover ( *Pluvialis squatarola* ).

(2)Common Ringed Plover ( *Charadrius hiaticula* ).

(h)Family Haematopodidae.

(1)Black Oystercatcher ( *Haematopus bachmani* ).

(2)[Reserved].

(i)Family Scolopacidae.

(1)Greater Yellowlegs ( *Tringa melanoleuca* ).

(2)Lesser Yellowlegs ( *Tringa flavipes* ).

(3)Spotted Sandpiper ( *Actitis macularia* ).

(4)Bar-tailed Godwit ( *Limosa lapponica* ).

(5)Ruddy Turnstone ( *Arenaria interpres* ).

(6)Semipalmated Sandpiper ( *Calidris pusilla* ).

(7)Western Sandpiper ( *Calidris mauri* ).

(8)Least Sandpiper ( *Calidris minutilla* ).

(9)Baird's Sandpiper ( *Calidris bairdii* ).

(10)Sharp-tailed Sandpiper ( *Calidris acuminata* ).

(11)Dunlin ( *Calidris alpina* ).

(12)Long-billed Dowitcher ( *Limnodromus scolopaceus* ).

(13)Common Snipe ( *Gallinago gallinago* ).

(14)Red-necked phalarope ( *Phalaropus lobatus* ).

(15)Red phalarope ( *Phalaropus fulicaria* ).

(j)Family Laridae.

(1)Pomarine Jaeger ( *Stercorarius pomarinus* ).

(2)Parasitic Jaeger ( *Stercorarius parasiticus* ).

(3)Long-tailed Jaeger ( *Stercorarius longicaudus* ).

(4)Bonaparte's Gull ( *Larus philadelphia* ).

(5)Mew Gull ( *Larus canus* ).

(6)Herring Gull ( *Larus argentatus* ).

(7)Slaty-backed Gull ( *Larus schistisagus* ).

(8)Glaucous-winged Gull ( *Larus glaucescens* ).

(9)Glaucous Gull ( *Larus hyperboreus* ).

(10)Sabine's Gull ( *Xema sabini* ).

(11)Black-legged Kittiwake ( *Rissa tridactyla* ).

(12)Red-legged Kittiwake ( *Rissa brevirostris* ).

(13)Ivory Gull ( *Pagophila eburnea* ).

(14)Arctic Tern ( *Sterna paradisaea* ).

(15)Aleutian Tern ( *Sterna aleutica* ).

(k)Family Alcidae.

(1)Common Murre ( *Uria aalge* ).

(2)Thick-billed Murre ( *Uria lomvia* ).

(3)Black Guillemot ( *Cepphus grylle* ).

(4)Pigeon Guillemot ( *Cepphus columba* ).

(5)Cassin's Auklet ( *Ptychoramphus aleuticus* ).

(6)Parakeet Auklet ( *Aethia psittacula* ).

(7)Least Auklet ( *Aethia pusilla* ).

(8)Whiskered Auklet ( *Aethia pygmaea* ).

(9)Crested Auklet ( *Aethia cristatella* ).

(10)Rhinoceros Auklet ( *Cerorhinca monocerata* ).

(11)Horned Puffin ( *Fratercula corniculata* ).

(12)Tufted Puffin ( *Fratercula cirrhata* ).

(l)Family Strigidae.

(1)Great Horned Owl ( *Bubo virginianus* ).

(2)Snowy Owl ( *Nyctea scandiaca* ). Subpart D—Annual Regulations Governing Subsistence Harvest 3. In subpart D, revise § 92.31 to read as follows: § 92.31 Region-specific regulations. The 2008 season dates for the eligible subsistence harvest areas are as follows:

(a)*Aleutian/Pribilof Islands Region* .

(1)Northern Unit ( *Pribilof Islands* ):

(i)Season: April 2-June 30.

(ii)Closure: July 1-August 31.

(2)Central Unit (Aleut Region's eastern boundary on the Alaska Peninsula westward to and including Unalaska Island):

(i)Season: April 2-June 15 and July 16-August 31.

(ii)Closure: June 16-July 15.

(iii)Special Black Brant Season Closure: August 16-August 31, only in Izembek and Moffet lagoons.

(iv)Special Tundra Swan Closure: All hunting and egg gathering closed in units 9(D) and 10.

(3)Western Unit (Umnak Island west to and including Attu Island):

(i)Season: April 2-July 15 and August 16-August 31.

(ii)Closure: July 16-August 15.

(b)*Yukon/Kuskokwim Delta Region.*

(1)Season: April 2-August 31.

(2)Closure: 30-day closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with local subsistence users, field biologists, and the Association of Village Council President's Waterfowl Conservation Committee. This 30-day period will occur between June 1 and August 15 of each year. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations and posted in village post offices and stores.

(3)Special Black Brant and Cackling Goose Season Hunting Closure: From the period when egg laying begins until young birds are fledged. Closure dates to be announced by the Service's Alaska Regional Director or his designee, after consultation with field biologists and the Association of Village Council President's Waterfowl Conservation Committee. A press release announcing the actual closure dates will be forwarded to regional newspapers and radio and television stations and posted in village post offices and stores.

(c)*Bristol Bay Region.*

(1)Season: April 2-June 14 and July 16-August 31 (general season); April 2-July 15 for seabird egg gathering only.

(2)Closure: June 15-July 15 (general season); July 16-August 31 (seabird egg gathering).

(d)*Bering Strait/Norton Sound Region.*

(1)Stebbins/St. Michael Area (Point Romanof to Canal Point):

(i)Season: April 15-June 14 and July 16-August 31.

(ii)Closure: June 15-July 15.

(2)Remainder of the region:

(i)Season: April 2-June 14 and July 16-August 31 for waterfowl; April 2-July 19 and August 21-August 31 for all other birds.

(ii)Closure: June 15-July 15 for waterfowl; July 20-August 20 for all other birds.

(e)*Kodiak Archipelago Region,* except for the Kodiak Island roaded area, is closed to the harvesting of migratory birds and their eggs. The closed area consists of all lands and waters (including exposed tidelands) east of a line extending from Crag Point in the north to the west end of Saltery Cove in the south and all lands and water south of a line extending from Termination Point along the north side of Cascade Lake extending to Anton Larson Bay. Waters adjacent to the closed area are closed to harvest within 500 feet from the water's edge. The offshore islands are open to harvest.

(1)Season: April 2-June 30 and July 31-August 31 for seabirds; April 2-June 20 and July 22-August 31 for all other birds.

(2)Closure: July 1-July 30 for seabirds; June 21-July 21 for all other birds.

(f)*Northwest Arctic Region.*

(1)Season: April 2-June 9 and August 15-August 31 (hunting in general); waterfowl egg gathering May 20-June 9 only; seabird egg gathering May 20-July 12 only; hunting molting/non-nesting waterfowl July 1-July 31 only.

(2)Closure: June 10-August 14, except for the taking of seabird eggs and molting/non-nesting waterfowl as provided in paragraph (f)(1) of this section.

(g)*North Slope Region.*

(1)Southern Unit (Southwestern North Slope regional boundary east to Peard Bay, everything west of the longitude line 158°30′ W and south of the latitude line 70°45′ N to the west bank of the Ikpikpuk River, and everything south of the latitude line 69°45′ N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River):

(i)Season: April 2-June 29 and July 30-August 31 for seabirds; April 2-June 19 and July 20-August 31 for all other birds.

(ii)Closure: June 30-July 29 for seabirds; June 20-July 19 for all other birds.

(iii)Special Black Brant Hunting Opening: From June 20-July 5. The open area would consist of the coastline, from mean high water line outward to include open water, from Nokotlek Point east to longitude line 158°30′ W. This includes Peard Bay, Kugrua Bay, and Wainwright Inlet, but not the Kuk and Kugrua river drainages.

(2)Northern Unit (At Peard Bay, everything east of the longitude line 158°30′ W and north of the latitude line 70°45′ N to west bank of the Ikpikpuk River, and everything north of the latitude line 69°45′ N between the west bank of the Ikpikpuk River to the east bank of Sagavinirktok River):

(i)Season: April 6-June 6 and July 7-August 31 for king and common eiders; April 2-June 15 and July 16-August 31 for all other birds.

(ii)Closure: June 7-July 6 for king and common eiders; June 16-July 15 for all other birds.

(3)Eastern Unit (East of eastern bank of the Sagavanirktok River):

(i)Season: April 2-June 19 and July 20-August 31.

(ii)Closure: June 20-July 19.

(4)All Units: Yellow-billed loons. Annually, up to 20 yellow-billed loons total for the region may be caught inadvertently in subsistence fishing nets in the North Slope Region and kept for subsistence use. Individuals must report each yellow-billed loon inadvertently caught while subsistence gill net fishing to the North Slope Borough Department of Wildlife Management by the end of the season.

(h)*Interior Region.*

(1)Season: April 2-June 14 and July 16-August 31; egg gathering May 1-June 14 only.

(2)Closure: June 15-July 15.

(i)*Upper Copper River Region* (Harvest Area: State of Alaska Game Management Units 11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper Center, Gakona, Mentasta Lake, Chistochina and Cantwell).

(1)Season: April 15-May 26 and June 27-August 31.

(2)Closure: May 27-June 26.

(3)The Copper River Basin communities listed above also documented traditional use harvesting birds in Unit 12, making them eligible to hunt in this unit using the seasons specified in paragraph

(h)of this section.

(j)*Gulf of Alaska Region.*

(1)Prince William Sound Area (Harvest area: Unit 6[D]), (Eligible Chugach communities: Chenega Bay, Tatitlek).

(i)Season: April 2-May 31 and July 1-August 31.

(ii)Closure: June 1-30.

(2)Kachemak Bay Area (Harvest area: Unit 15[C] South of a line connecting the tip of Homer Spit to the mouth of Fox River) (Eligible Chugach Communities: Port Graham, Nanwalek).

(i)Season: April 2-May 31 and July 1-August 31.

(ii)Closure: June 1-30.

(k)*Cook Inlet* (Harvest area: Portions of Unit 16[B] as specified below) (Eligible communities: Tyonek only).

(1)Season: April 2-May 31—That portion of Unit 16(B) south of the Skwentna River and west of the Yentna River, and August 1-31—That portion of Unit 16(B) south of the Beluga River, Beluga Lake, and the Triumvirate Glacier.

(2)Closure: June 1-July 31.

(l)*Southeast Alaska.*

(1)Community of Hoonah (Harvest area: National Forest lands in Icy Strait and Cross Sound, including Middle Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other traditional locations on the coast of Yakobi Island. The land and waters of Glacier Bay National Park remain closed to all subsistence harvesting [50 CFR 100.3].

(i)Season: Glaucous-winged gull egg gathering only: May 15-June 30.

(ii)Closure: July 1-August 31.

(2)Communities of Craig and Hydaburg (Harvest area: Small islands and adjacent shoreline of western Prince of Wales Island from Point Baker to Cape Chacon, but also including Coronation and Warren islands).

(i)Season: Glaucous-winged gull egg gathering only: May 15-June 30.

(ii)Closure: July 1-August 31.

(3)Community of Yakutat (Harvest area: Icy Bay [Icy Cape to Pt. Riou], and coastal lands and islands bordering the Gulf of Alaska from Pt. Manby southeast to Dry Bay).

(i)Season: Glaucous-winged gull egg gathering only: May 15-June 30.

(ii)Closure: July 1-August 31. §§ 92.32 and 92.33 [Removed and Reserved] 4. Remove and reserve §§ 92.32 and 92.33. Dated: September 24, 2007. David M. Verhey, Acting Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. E7-20243 Filed 10-12-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 216 [Docket No. 070809454-7459-01] RIN 0648-AV82 Marine Mammals; Advance Notice of Proposed Rulemaking AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking (ANPR); extension of comment period. SUMMARY: On September 13, 2007, NMFS published an ANPR soliciting public comments on revisions to its implementing regulations at 50 CFR part 216 governing the issuance of permits for scientific research and enhancement activities involving marine mammals. Written comments were due by November 13, 2007. NMFS has decided to allow additional time for submission of public comments on this action. DATES: The public comment period for this action has been extended for 30 days. Written comments must be received or postmarked by December 13, 2007. ADDRESSES: You may submit comments by any one of the following methods: • E-mail: *NMFS.Pr1Comments@noaa.gov* and include in the subject line the following document identifier: Permit Regulations ANPR; • Via the Federal eRulemaking Portal: *http://www.regulations.gov* ; • Fax: 301-427-2521, Attn: Chief, Permits, Conservation and Education Division (Permit Regulations ANPR); or • Mail: Chief, Permits, Conservation and Education Division, Attn: Permit Regulations ANPR, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910. Instructions: All comments received are part of the public record and will generally be posted to *http://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. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Amy Sloan at

(301)713-2289. SUPPLEMENTARY INFORMATION: The ANPR, published on September 13, 2007 (72 FR 52339), is available upon request and can be found on the NMFS Office of Protected Resources web site: *http://www.nmfs.noaa.gov/pr/permits/mmpa_anpr.htm* . Dated: October 9, 2007 P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7-20229 Filed 10-12-07; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 070808450-7540-01] RIN 0648-AV83 Fisheries of the Northeastern United States; Northeast

(NE)Multispecies Fishery; Regulatory Amendment to Adopt Fishing Gear Standards for the NE Multispecies Regular B Day-At-Sea

(DAS)Program and the Eastern U.S./Canada Haddock Special Access Program

(SAP)AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS proposes to amend the regulations governing minimum performance standards of fishing gear proposed for use in both the NE multispecies Regular B DAS Program and the Eastern U.S./Canada Haddock SAP. Under the current regulations, the only fishing gear allowed for use in the Eastern U.S./Canada Haddock SAP and the only trawl gear allowed for use in the Regular B DAS Program is a properly configured haddock separator trawl. The purpose of this rule is to ultimately provide greater flexibility to fishermen participating in these programs. DATES: Written comments must be received no later than 5 p.m. local time on November 14, 2007. ADDRESSES: You may submit comments, identified by RIN 0648-AV83, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal *http://www.regulations.gov* • Fax:

(978)281-9135, Attn: Douglas Potts • Mail: Patricia A. Kurkul, Regional Administrator, Northeast Region, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-2298. Please write on the envelope: Comments on Proposed B-DAS Gear Standard (RIN 0648-AV83). Instructions: All comments received are a part of the public record and will generally be posted to *http://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. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Douglas Potts, Fishery Management Specialist,

(978)281-9341, FAX

(978)281-9135. SUPPLEMENTARY INFORMATION: Background Amendment 13 to the NE Multispecies Fishery Management Plan

(FMP)differentiated DAS into three categories: Category A DAS; Category B (regular and reserve) DAS; and Category C DAS. Category B DAS (regular and reserve) were intended to allow effort on stocks that could support additional harvest while avoiding stocks of concern. The final rule implementing Framework Adjustment

(FW)40-A (November 19, 2004, 69 FR 67780) created two programs that allow vessels to use their allocation of Category B DAS, i.e., the Eastern U.S./Canada Haddock SAP Program and the Regular B DAS Program. FW 40-A specified that vessels fishing in the Eastern U.S./Canada Haddock SAP must use gear that has been demonstrated not to catch significant amounts of cod. Upon implementation of FW 40-A, the only gear authorized for participation in this SAP was a haddock separator trawl, as described in 50 CFR 648.85(a)(3)(iii)(A). The FW 42 final rule (October 23, 2006, 71 FR 62156) modified the requirements for approval of other fishing gear for use in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP, as specified in § 648.85(b)(6)(iv)(J)( *2* ) and (b)(8)(v)(E)( *2* ), respectively. Specifically, this action authorized the Regional Administrator to approve the use of additional fishing gear in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP, provided the gear met performance standards to be proposed by the Council. On June 21, 2007, the Council approved a motion to recommend that the Regional Administrator approve the following gear performance standards when considering additional gear for the Eastern U.S./Canada Haddock SAP, or additional trawl gear for the Regular B DAS Program: New gear must demonstrate a statistically significant reduction in catch of each regulated NE multispecies, and other stocks of concern, of at least 50 percent (by weight, on a trip-by-trip basis); or the catch of each regulated NE multispecies, and other stocks of concern, in the new gear must be less than 5 percent of the total catch of regulated NE multispecies (by weight, on a trip-by-trip basis). The Council further recommended that: These standards must be met in a completed experiment, where comparisons of new gear would be made to an appropriately selected control gear, that has been reviewed according to the standards established by the Council's research policy before the gear can be considered and approved by the Regional Administrator; and that the requests for additional gear in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP would be made by either the Council or Executive Committee. The proposed rule seeks public comment on these standards and NMFS's interpretation of them. After review of the proposed performance standards, NMFS interprets that the phrase ”... reduction in each regulated NE multispecies” would exclude any NE multispecies stock, identified by the Council as not being subject to the gear performance standard (e.g., Georges Bank haddock in the Eastern U.S./Canada Haddock SAP). Further, the term “stock of concern” is only defined in the regulations for species managed under the NE Multispecies FMP. However, in the proposed performance standards submitted by the Council, the term “stock of concern” is specific to non-groundfish stocks. Thus, the Council or the Council's Executive Committee, when considering prospective gear for the Eastern U.S./Canada Haddock SAP or the Regular B DAS Program, would need to consider what species of concern, in addition to non-excluded NE multispecies, e.g., monkfish or skates, should meet the criteria specified in the proposed performance standards before the Council or the Council's Executive Committee submits a request to the Regional Administrator for approval. The performance standards, as interpreted by NMFS, and as proposed in this rule, would therefore read as follows: “The Regional Administrator may authorize additional gear for use in the Regular B DAS Program (or the Eastern U.S./Canada Haddock SAP, as applicable) through notice consistent with all applicable law. The new gear must demonstrate a statistically significant reduction in catch of regulated NE multispecies, other than regulated NE multispecies identified by the Council as not being subject to this gear performance standard, and other non-groundfish stocks of concern identified by the Council, of at least 50 percent (by weight, on a trip-by-trip basis), or the catch of each non-targeted regulated NE multispecies and other stocks of concern identified by the Council in the new gear must be less than 5 percent of the total catch of regulated NE multispecies (by weight, on a trip-by-trip basis).” This proposed rule would also correct an inadvertent omission by reinserting relevant regulatory text specific to the U.S./Canada Management Area gear requirements that was inadvertently removed through the final rule implementing FW 42. The Amendment 13 final rule (April 27, 2004, 69 FR 22906) established gear requirements for vessels participating in the Eastern U.S./Canada Area. Trawl vessels participating in this area are required to use either a haddock separator trawl or one of two flatfish nets defined in the regulations at § 648.85(a)(3)(iii)(A) and (B). These gear requirements were intended to allow vessels to harvest either haddock or flatfish without catching cod and other groundfish stocks not capable of supporting higher catch rates. An April 13, 2006, emergency final rule (71 FR 19348) revised the introductory text of the regulations at § 648.85(a)(3)(iii) to accommodate revised regulatory references associated with emergency measures. However, due to an error in the regulatory text of that rule, the emergency final rule inadvertently and indefinitely removed the introductory text at § 648.85(a)(3)(iii) from the regulations. This regulation was not reinserted in the FW 42 final rule, so the current regulations do not accurately reflect the original gear requirements implemented under Amendment 13, as contained in the original introductory text of § 648.85(a)(3)(iii). To correct this omission, this action would reinsert the introductory text at § 648.85(a)(3)(iii) that was inadvertently removed by the April 13, 2006, emergency final rule as revised by this rule to allow additional fishing gear that may be approved for use in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP. Classification Pursuant to section 304 (b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the NE Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Regional Administrator has determined that this proposed rule is a minor technical addition, correction, or change to a management plan and is therefore categorically excluded from the requirement to prepare an Environmental Impact Statement or equivalent document under the National Environmental Policy Act. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. This amendment does not specifically change any gear requirements. It provides standards that must be met before a new gear can be proposed for use in these programs. Once a gear is proposed by the Council under these standards, then a fuller analysis of the environmental and/or economic impacts of its adoption may be necessary at that time. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: October 9, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, NMFS proposes to amend 50 CFR part 648 as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 648.14, paragraphs (a)(132) and (c)(81) are revised to read as follows: § 648.14 Prohibitions.

(a)* * *

(132)If fishing with trawl gear under a NE multispecies DAS in the Eastern U.S./Canada Area defined in § 648.85(a)(1)(ii), fail to fish with a haddock separator trawl or a flounder trawl net, as specified in § 648.85(a)(3)(iii); unless using other gear as authorized under § 648.85 (b)(6) or (b)(8).

(c)* * *

(81)If fishing with trawl gear in the Regular B DAS Program specified in § 648.85(b)(6), fail to use a haddock separator trawl as described under § 648.85(a)(3)(iii)(A); or other gear as authorized under § 648.85(b)(6)(iv)(J). 3. In § 648.85, paragraphs (a)(3)(iii) introductory text is added and paragraphs (b)(6)(iv)(J)( *2* ) and (b)(8)(v)(E)( *2* ) are revised to read as follows: § 648.85 Special management programs.

(a)* * *

(3)* * *

(iii)*Gear requirements* . NE multispecies vessels fishing with trawl gear in the Eastern U.S./Canada Area defined in paragraph (a)(1)(ii) of this section, unless otherwise provided in paragraphs (b)(6) and (b)(8) of this section, must fish with a haddock separator trawl or a flounder trawl net, as described in paragraphs (a)(3)(iii)(A) and

(B)of this section (both nets may be onboard the fishing vessel simultaneously). Gear other than the haddock separator trawl or the flounder trawl net as described in paragraph (a)(3)(iii) of this section, or gear authorized under paragraphs (b)(6) and (b)(8) of this section, may be on board the vessel during a trip to the Eastern U.S./Canada Area, provided the gear is stowed according to the regulations at § 648.23(b). The description of the haddock separator trawl and flounder trawl net in this paragraph (a)(3)(iii) may be further specified by the Regional Administrator through publication of such specifications in the **Federal Register** , consistent with the requirements of the Administrative Procedure Act.

(b)* * *

(6)* * *

(iv)* * *

(J)* * * ( *2* ) *Approval of additional gear* . At the request of the Council or the Council's Executive Committee, the Regional Administrator may authorize additional gear for use in the Regular B DAS Program, through notice consistent with the Administrative Procedure Act. The proposed gear must satisfy standards specified in paragraph (b)(6)(iv)(J)( *2* )( *i* ) or ( *ii* ) of this section in a completed experiment that has been reviewed according to the standards established by the Council's research policy before the gear can be considered and approved by the Regional Administrator. Comparisons of the criteria specified in this paragraph (b)(6)(iv)(J)( *2* ) will be made to an appropriately selected control gear. ( *i* ) The gear must show a statistically significant reduction in catch of at least 50 percent (by weight, on a trip-by-trip basis) of regulated species, unless otherwise specified in this paragraph, and other stocks of concern identified by the Council. This does not apply to regulated species identified by the Council as not being subject to gear performance standards; or ( *ii* ) The catch of each regulated species, unless otherwise specified in this paragraph, and other stocks of concern identified by the Council, must be less than five percent of the total catch of regulated NE multispecies (by weight, on a trip-by-trip basis). This does not apply to regulated species identified by the Council as not being subject to gear performance standards.

(8)* * *

(v)* * *

(E)* * * ( *2* ) *Approval of additional gear* . The Regional Administrator may authorize additional gear for use in the Eastern U.S./Canada Haddock SAP in accordance with the standards and requirements specified at § 648.85(b)(6)(iv)(J)( *2* ). [FR Doc. E7-20279 Filed 10-12-07; 8:45 am] BILLING CODE 3510-22-S 72 198 Monday, October 15, 2007 Notices JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Meeting of the Advisory Committee; Meeting AGENCY: Joint Board for the Enrollment of Actuaries. ACTION: Notice of Federal Advisory Committee meeting. SUMMARY: The Executive Director of the Joint Board for the Enrollment of Actuaries gives notice of a closed meeting of the Advisory Committee on Actuarial Examinations. DATES: The meeting will be held on October 19, 2007, from 8:30 a.m. to 5 p.m. ADDRESSES: The meeting will be held at the Hilton San Diego Airport/Harbor Island, 1960 Harbor Island Drive, San Diego, CA. FOR FURTHER INFORMATION CONTACT: Patrick W. McDonough, Executive Director of the Joint Board for the Enrollment of Actuaries, 202-622-8225. SUPPLEMENTARY INFORMATION: Notice is hereby given that the Advisory Committee on Actuarial Examinations will meet at the Hilton San Diego Airport/Harbor Island, 1960 Harbor Island Drive, San Diego, CA on Friday, October 19, 2007, from 8:30 a.m to 5 p.m. The purpose of the meeting is to discuss questions that may be recommended for inclusion on future Joint Board examinations in actuarial mathematics, pension law and methodology referred to in 29 U.S.C. 1242(a)(1)(B). A determination has been made as required by section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App., that the subject of the meeting falls within the exception to the open meeting requirement set forth in Title 5 U.S.C. 552b(c)(9)(B), and that the public interest requires that such meeting be closed to public participation. Dated: September 19, 2007. Patrick W. McDonough, Executive Director, Joint Board for the Enrollment of Actuaries . [FR Doc. E7-20184 Filed 10-12-07; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2007-0113] Fiscal Year 2008 Agricultural Quarantine and Inspection User Fees AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Notice. SUMMARY: This notice pertains to user fees charged for agricultural quarantine and inspection services provided in connection with certain commercial vessels, commercial trucks, commercial railroad cars, commercial aircraft, and international airline passengers arriving at ports in the customs territory of the United States. The purpose of this notice is to remind the public of the user fees for fiscal year 2008 (October 1, 2007, through September 30, 2008). FOR FURTHER INFORMATION CONTACT: For information concerning AQI program operations, contact Mr. William E. Thomas, Director for Quarantine Policy, Analysis and Support, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231;

(301)734-5214. For information concerning user fee rate development, contact Mrs. Kris Caraher, Section Head, User Fees Section, Financial Services Branch, FMD, MRPBS, APHIS, 4700 River Road Unit 54, Riverdale, MD 20737-1232,

(301)734-5901. SUPPLEMENTARY INFORMATION: User fees to recover the costs of providing inspections of certain commercial conveyances are found in 7 CFR part 354 (referred to below as the regulations). These user fees are authorized by Section 2509(a) of the Food, Agriculture, Conservation and Trade Act of 1990, as amended (21 U.S.C. 136a), which authorizes the collection of user fees for agricultural quarantine and inspection

(AQI)services. In an interim rule published in the **Federal Register** on December 9, 2004 (69 FR 71660-71683, Docket No. 04-042-1), and effective January 1, 2005, we established, for fiscal years 2005 through 2010 and beyond, user fees for many of the types of conveyances or persons to whom AQI services are provided, i.e., commercial vessels (watercraft), commercial trucks, loaded commercial railroad cars, commercial aircraft, and international airline passengers. The regulations provide specific information regarding the applicability of, and exceptions to, AQI user fees. As specified in 7 CFR 354.3, the user fees for these AQI services for fiscal year 2008 are as follows: Service Unit Amount Inspection of commercial vessels of 100 net tons or more (see 7 CFR 354.3(b) Per arrival 1 $492.00 Inspection of commercial trucks (see 7 CFR 354.3(c)) Per arrival 2 5.25 Inspection of commercial railroad cars (see 7 CFR 354.3(d)) Per arrival 3 7.75 Inspection of commercial aircraft (see 7 CFR 354.3(e)) Per arrival 70.50 Inspection of international aircraft passengers (see 7 CFR 354.3(f)) Per arrival 5.00 1 Not to exceed 15 payments in a calendar year (i.e., no additional fee will be charged for a 16th or subsequent arrival in a calendar year). 2 A prepaid AQI permit valid for one calendar year may be obtained for an amount 20 times the AQI user fee for each arrival ($105 from October 1, 2007, through September 30, 2008). 3 The AQI user fee may be prepaid for all arrivals of a commercial railroad car during the calendar year for an amount 20 times the AQI user fee for each arrival ($155 from October 1, 2007, through September 30, 2008). Done in Washington, DC, this 9th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7-20224 Filed 10-12-07; 8:45 am] BILLING CODE 3410-34-P DEPARTMENT OF AGRICULTURE Forest Service Notice of Proposed New Recreation Fee Sites; Federal Lands Recreation Enhancement Act, (Title VIII, Pub. L. 108-447) AGENCY: Shawnee National Forest, USDA Forest Service. ACTION: Notice of Proposed New Fee Sites and Recreation Facilities Modifications. SUMMARY: The Shawnee National Forest is proposing to begin charging fees at eight day-use recreation sites, as well as for equestrian use of the designated trail system. Additionally, the Forest proposes to increase fees at five campgrounds. The proposed fees are based on the level of amenities and services provided, cost of operation and maintenance and market assessment. At this time, the fees described below are only proposed and may be modified upon further analysis and public comment. Funds from fees would be used for the continued operation and maintenance of recreation sites and the Forest's designated equestrian trail system. The establishment of fees at certain types of recreation sites on national forests is authorized by the Federal Lands Recreation Enhancement Act which was signed into law by President Bush in December 2004. In addition to the new fees and the fee increases, the Shawnee National Forest is proposing to increase the cost effectiveness of some recreation facilities by removing amenities at these sites. Proposed Day-Use Fees Day-use fees of $5.00 per car are being considered for the Garden of the Gods interpretive and picnic sites, Pounds Hollow picnic and beach area, Bell Smith Springs interpretive and picnic areas, Lincoln Memorial at Jonesboro, Johnson Creek picnic and beach area, the Johnson Creek Boat Launch and the Little Grand Canyon Trailhead. An occupant of each car entering the parking areas of these sites would be expected to self-pay using a fee envelope provided at the site. Day-use fees of $5.00 per boat are being proposed for use of the Buttermilk Hill Picnic Site. At Buttermilk Hill an occupant of each boat would be expected to self-pay using a fee envelope provided at the site. Fees collected at these areas would be used for the maintenance and upkeep of the facilities. Proposed Trail Use Permits for Equestrians The Shawnee National Forest also proposes to establish a trail permit fee of $5.00 per day ($50.00 per year) for equestrians to use designated national forest trails. In areas where cross country riding is authorized, and on national forest roads, riding would remain free. Permits would be available from Shawnee National Forest Offices and from cooperating vendors. Permits would be issued to individuals and would not be transferable. No permit would be required for persons under 16 years of age. Fees collected for equestrian use of trails would be used for the maintenance, construction or enhancement of equestrian trails and trailhead facilities. Annual Passes for Day Use Facilities and Equestrian Trails An Annual Pass will be available for frequent visitors or those who wish to recreate for longer periods of time on the Shawnee. A Shawnee National Forest Annual Pass will be available at Shawnee National Forest offices for $50.00 and will admit one vehicle into day-use fee areas at the Pounds Hollow Recreation Area, Garden of the Gods Recreation Area, Bell Smith Springs, Johnson Creek Recreation Area, Lincoln Memorial and the Little Grand Canyon Trailhead for an unlimited number of visits for one year from the date of purchase. A Shawnee National Forest Annual Equestrian Trail Permit will be available for $50.00 at Shawnee National Forest offices or at participating vendors and would authorize use of one horse or mule on designated trails that are open to equestrian use for one year from the date of purchase. Proposed Fee Increases for Shawnee National Forest Campgrounds The Shawnee National Forest proposes to increase fees at five campgrounds. A campsite at Pharaoh Campground at Garden of the Gods fees would increase from $5.00 to $12.00 per night with the fee also covering day-use of Pharaoh Picnic Area and the Garden of the Gods Interpretive Site. Fees at Camp Cadiz would be raised from $5.00 to $10.00 per night. Fees at Pine Ridge Campground at the Pounds Hollow Recreation Area would increase from $5.00 to $12.00 per night and would include use of the Pounds Hollow Picnic and Beach day-use sites. Fees at Pine Hills Campground would increase from $5.00 to $10.00 per night. Fees at the Johnson Creek Group Campground would increase from $5.00 to $12.00 for a single site, $9.00 to $15.00 for a double site and $15.00 to $20.00 for a triple site. The fees at the Johnson Creek Group Campground would also include the use of the Johnson Creek boat launch, picnic and beach day-use sites. Proposed Modification of Shawnee National Forest Recreation Facilities The Shawnee National Forest proposes to increase the cost effectiveness of developed recreation facilities management by reducing services at some locations where use continues to be light. The following actions are being considered: Removal of the tables, fire rings and toilets from the Johnson Creek Single Family Campground (the Group Campground will remain open), removal of one picnic shelter from the Johnson Creek Picnic Area, removal of tables, fire rings and toilets from two of four loops of Pine Ridge Campground at the Pounds Hollow Recreation Area, removal of the water system at Tower Rock Campground and removal of the tables and grills at the Tower Rock Picnic Site, and removal of tables, fire rings, toilets and water tanks from the Buck Ridge Campground at Lake of Egypt. Fees will no longer be required for the use of the Tower Rock Campground. The boat launches at Tower Rock and at Hickory Point on Lake of Egypt would remain open and free to the public. Additionally, the boardwalk and other facilities at the Oakwood Bottoms Green-Tree Reservoir site, and the picnic and interpretive shelters at Illinois Iron Furnace picnic site would not be replaced when they have reached the end of their serviceability. The toilet at Teal Pond would be removed without replacement. DATES: New fees may begin as early as April 2008. Modifications to facilities may begin as soon as June of 2008. The Shawnee National Forest will host open-house meetings to explain the fee and facility proposals or to discuss other items of interest related to the Federal Lands Recreation Enhancement Act of 2004. The meetings will be open to the public. Meetings will be held on Tuesday, November 6, 2007 from 4 to 7 p.m. at the Vienna High School, 601 N. 1st Street, Vienna, Illinois; on Wednesday, November 7, 2007 from 4 to 7 p.m. at the Knights of Columbus Hall, 100 Columbus Drive, Marion, Illinois; and on Wednesday, November 14, 2007 from 4 to 7 p.m. at the Davis-McCann Center, 15 North 14th Street, Murphysboro, Illinois. ADDRESSES: Comments and recommendations regarding the Shawnee National Forest's recreation fee and/or facilities proposals can be sent to Hurston A. Nicholas, Forest Supervisor, Shawnee National Forest, 50 Highway 145 South, Harrisburg, IL 62946. Comments or recommendations concerning these recreation fee proposals should be submitted prior to mid April 2008 in order to be considered. You can e-mail your comments using the “Contact Us” link on the Shawnee National Forest Web site at: *http://www.fs.fed.us/r9/forests/shawnee/.* FOR FURTHER INFORMATION CONTACT: Tim Pohlman, Recreation Program Manager, 618-253-7114. Information about proposed fee changes can also be found on the Shawnee National Forest Web site at: *http://www.fs.fed.us/r9/forests/shawnee/passes/.* SUPPLEMENTARY INFORMATION: The Federal Recreation Lands Enhancement Act (Title VII, Pub. L. 108-447) directed the Secretary of Agriculture to publish a six month advance notice in the **Federal Register** whenever new recreation fee areas are established. Additionally, the Act stipulates that the establishment of new fees or the modification of existing fees must be reviewed by a Recreation Resource Advisory Committee

(RRAC)prior to their implementation. Once public recommendations and comments have been gathered, these fee proposals, along with any modifications resulting from public comments, will be submitted for review by the RRAC. Dated: October 9, 2007. Hurston A. Nicholas, Forest Supervisor. [FR Doc. E7-20232 Filed 10-12-07; 8:45 am] BILLING CODE 3410-11-P DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Sandy Urban Fish Pond/Park Project, Salt Lake County, UT AGENCY: Natural Resources Conservation Service

(NRCS)in Utah, U.S. Department of Agriculture. ACTION: Notice of a Finding of No Significant Impact. SUMMARY: Pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Regulations (40 CFR part 1500); and the Natural Resources Conservation Service Guidelines (7 CFR part 650); the Natural Resources Conservation Service, U.S. Department of Agriculture, gives notice that an environmental impact statement is not being prepared for Sandy Urban Fish Pond/Park Project, Salt Lake County, UT. FOR FURTHER INFORMATION CONTACT: M. Ron Davidson, Acting State Conservationist, Natural Resources Conservation Service, Wallace F. Bennett Federal Building, 125 South State Street, Room 4402, Salt Lake City, Utah 84138-1100; telephone number

(801)524-4550. SUPPLEMENTARY INFORMATION: The environmental assessment of this federally assisted action indicates that the project will not cause significant local, regional, or national impacts on the environment. As a result of these findings, M. Ron Davidson, Acting State Conservationist, has determined that the preparation and review of an environmental impact statement is not needed for this project. Sandy Urban Fish Pond/Park Project Notice of a Finding of No Significant Impact During Fiscal Year 2007, Congress appropriated funds through a Congressional Earmark to NRCS to provide technical and financial assistance to Sandy City Parks and Recreation for the Sandy Urban Fish Pond/Park Project. An Environmental Assessment

(EA)was prepared in order to make a reasoned and informed decision in selecting which alternative to implement and also to determine if the proposed action is a major federal action that would significantly affect the quality of the human environment. The purpose for constructing an urban fish pond and park is to provide an additional recreational as well as an educational element to Sandy City. The Notice of a Finding of No Significant Impact (FONSI) has been forwarded to the Environmental Protection Agency and to various Federal, State and local agencies and interested parties. A limited number of copies of the FONSI and the EA are available to fill single copy requests at the above address. Basic data developed during the environmental assessment are on file and may be reviewed by contacting Ron Davidson. No administrative action on implementation of the proposal will be taken until 30 days after the date of this publication in the **Federal Register** . Dated: October 4, 2007. M. Ron Davidson, Acting State Conservationist, Natural Resources Conservation Service, Utah. [FR Doc. E7-20198 Filed 10-12-07; 8:45 am] BILLING CODE 3410-16-P DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on October 30, 2007, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues, NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology. Agenda *Public Session:* 1. Welcome and Introductions. 2. Remarks from Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. *Closed Session:* 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the confidence, submit inquiries to Ms. Yvette Springer at *Yspringer@bis.doc.gov* no later than October 23, 2007. A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer. The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on September 26, 2007 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 10(d)), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public. For more information contact Yvette Springer on

(202)482-2813. Dated: October 10, 2007. Yvette Springer, Committee Liaison Officer. [FR Doc. 07-5067 Filed 10-12-07; 8:45 am]

Connectionstraces to 14

Traces to 14 documents

U.S. Code