Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 14299 

States. In that context, the ITU Radio 

Regulations govern. Thus, our decision 

here is limited to the determination that 

when applying for market access in the 

United States, non-U.S.-licensed 

operators must meet the same legal and 

technical rules as U.S. licensees, and 

where departures from those rules are 

sought, the same waiver standards 

apply. 

Ordering Clauses 

Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 4(i), 4(j), 7(a), 301, 303(c), 

303(f), 303(g), 303(r), 303(y), and 308 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

157(a), 301, 303(c), 303(f), 303(g), 303(r), 

303(y), 308, this Order on 

Reconsideration is adopted. 

It is further ordered that Telesat 

Canada’s Petition for Reconsideration 

filed on September 28, 2007 is denied. 

It is further ordered that Telesat 

Canada’s Petition for Reconsideration 

filed on November 21, 2007 is denied. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center shall send a copy of 

this Order on Reconsideration, 

including the final regulatory flexibility 

act certification, to the Chief Counsel for 

Advocacy of the Small Business 

Administration, in accordance with 

section 603(a) of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

(1981). 

It is further ordered that the 

Commission shall send a copy of this 

Order on Reconsideration in a report to 

be sent to Congress and the General 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2011–6145 Filed 3–15–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

[Docket No. 110223163–1180–01] 

RIN 0648–XA231 

Listing Endangered and Threatened 

Species: Correction To Codify in the 

Code of Federal Regulations 

Endangered Status for Southern 

Resident Killer Whales 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: We, NMFS, announce a 

correcting amendment to the Code of 

Federal Regulations to identify the 

Southern Resident killer whale (Orcinus 

orca) distinct population segment (DPS) 

as an endangered species under the 

Endangered Species Act of 1973 (ESA). 

DATES: Effective March 16, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this 

correcting amendment contact Steve 

Stone, NMFS, Northwest Region, 503– 

231–2317; or Marta Nammack, NMFS, 

Office of Protected Resources, 301–713– 

1401. 

SUPPLEMENTARY INFORMATION: 

Background and Correcting 

Amendment 

We listed the Southern Resident killer 

whale DPS as an endangered species 

under the ESA on November 18, 2005 

(70 FR 69903). That final rule became 

effective on February 16, 2006, and the 

species was included in the 

enumeration of endangered species at 

50 CFR 224.101(b). In separate and 

unrelated rulemaking, we published a 

final rule on March 6, 2008 (73 FR 

12024), to list the North Pacific right 

whale (Eubalaena. japonica) and North 

Atlantic right whale (E. glacialis) as 

separate endangered species under the 

ESA. In that more recent rule the 

Southern Resident killer whale DPS was 

inadvertently dropped from the 

enumeration of endangered species at 

50 CFR 224.101(b). This correcting 

amendment remedies that oversight. 

Classification 

The Assistant Administrator (AA) 

finds good cause under 5 U.S.C. 

553(b)(B) to waive prior notice and 

opportunity for public comment 

because it is impracticable, unnecessary, 

and contrary to the public interest. We 

fully intended the Southern Resident 

killer whale DPS to be listed as an 

endangered species under the ESA and 

expressly stated this intent in the 

November 2005 final rule (70 FR 69903; 

November 18, 2005). We also previously 

provided public notice in the Federal 

Register and considered public 

comments on the 2004 proposed rule 

(69 FR 76673; December 22, 2004). 

Further, this DPS was correctly 

included in the October 2006 and 2007 

issues of the CFR. However, due to a 

clerical error in unrelated rulemaking 

on March 6, 2008 (73 FR 12024), the 

DPS was omitted from the list of 

endangered species published at 50 CFR 

224.101 in the October 2008 and 

subsequent issues of the CFR. In order 

to avoid regulatory confusion and 

ensure continuous protections and 

enforcement capability for the Southern 

Resident killer whale, the AA waives 

the requirement for prior notice and 

opportunity for public comment. 

For the same reasons above, the AA 

finds good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effectiveness and makes this rule 

effective immediately upon publication. 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

It has been determined that this rule 

is not significant for purposes of 

Executive Order 12866. 

References 

Copies of previous Federal Register 

notices and related reference materials 

are available on the Internet at http:// 

www.nwr.noaa.gov, or upon request (see 

FOR FURTHER INFORMATION CONTACT

section above). 

List of Subjects in 50 CFR Part 224 

Endangered marine and anadromous 

species. 

Dated: March 10, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set forth in the 

preamble, 50 CFR part 224 is corrected 

by making the following correcting 

amendment: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 224 

continues to read as follows: 


ebenthall on DSK69SOYB1PROD with RULES
14300 Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

§ 224.101 [Amended] 

■ 2. In § 224.101, paragraph (b), add 

‘‘Killer whale (Orcinus orca), Southern 

Resident distinct population segment, 

which consists of whales from J, K and 

L pods, wherever they are found in the 

wild, and not including Southern 

Resident killer whales placed in 

captivity prior to listing or their captive 

born progeny’’ following ‘‘Indus River 

dolphin (Platanista minor);’’. 

[FR Doc. 2011–6137 Filed 3–15–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 110104009–1186–02] 

RIN 0648–BA25 

Pacific Halibut Fisheries; Catch 

Sharing Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The Assistant Administrator 

for Fisheries, National Oceanic and 

Atmospheric Administration (NOAA 

AA), on behalf of the International 

Pacific Halibut Commission (IPHC), 

publishes annual management measures 

promulgated as regulations by the IPHC 

and approved by the Secretary of State 

governing the Pacific halibut fishery. 

The AA also announces modifications 

to the Catch Sharing Plan (CSP) for Area 

2A (waters off the U.S. West Coast) and 

implementing regulations for 2011, and 

announces approval of the Area 2A CSP. 

These actions are intended to enhance 

the conservation of Pacific halibut and 

further the goals and objectives of the 

Pacific Fishery Management Council 

(PFMC) and the North Pacific Fishery 

Management Council (NPFMC) 

(Councils). 

DATES: This rule is effective April 15, 

2011. The IPHC’s 2011 annual 

management measures are effective 

March 16, 2011, except for the measures 

in section 26, which are effective April 

15, 2011. The 2011 management 

measures are effective until superseded. 

ADDRESSES: Additional requests for 

information regarding this action may 

be obtained by contacting: the 

International Pacific Halibut 

Commission, 2320 W. Commodore Way 

Suite 300, Seattle, WA 98199–1287; or 

Sustainable Fisheries Division, NMFS 

Alaska Region, P.O. Box 21668, Juneau, 

AK 99802, Attn: Ellen Sebastian, 

Records Officer; or Sustainable Fisheries 

Division, NMFS Northwest Region, 7600 

Sand Point Way, NE, Seattle WA 98115. 

This final rule also is accessible via the 

Internet at the Federal eRulemaking 

portal at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

waters off Alaska, Glenn Merrill, 907– 

586–7228, e-mail at 

glenn.merrill@noaa.gov; or Peggy 

Murphy, 907–586–7228, e-mail at 

peggy.murphy@noaa.gov; or, for waters 

off the U.S. West Coast, Sarah Williams, 

206–526–4646, e-mail at 

sarah.williams@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The IPHC has promulgated 

regulations governing the Pacific halibut 

fishery in 2011 under the Convention 

between Canada and the United States 

for the Preservation of the Halibut 

Fishery of the North Pacific Ocean and 

Bering Sea (Convention), signed at 

Ottawa, Ontario, on March 2, 1953, as 

amended by a Protocol Amending the 

Convention (signed at Washington, DC, 

on March 29, 1979). 

As provided by the Northern Pacific 

Halibut Act of 1982 (Halibut Act) at 16 

U.S.C. 773b, the Secretary of State, with 

the concurrence of the Secretary of 

Commerce (Secretary), may accept or 

reject, on behalf of the United States, 

recommendations made by the IPHC in 

accordance with the Convention 

(Halibut Act, Section773–773k.). On 

March 8, 2011, the Secretary of State of 

the United States, with the concurrence 

of the Secretary of Commerce, accepted 

the 2011 IPHC regulations as provided 

by the Northern Pacific Halibut Act of 

1982 (Halibut Act) at 16 U.S.C. 773– 

773k. 

The Halibut Act provides the 

Secretary with the authority and general 

responsibility to carry out the 

requirements of the Convention and the 

Halibut Act. The Regional Fishery 

Management Councils may develop and 

the Secretary may implement 

regulations governing harvesting 

privileges among U.S. fishermen in U.S. 

waters that are in addition to, and not 

in conflict with approved IPHC 

regulations. The NPFMC has exercised 

this authority most notably in 

developing a suite of halibut 

management programs that correspond 

to the three fisheries that harvest halibut 

in Alaska: the subsistence, sport, and 

commercial fisheries. In 2010/2011, 

these programs were revised by 

regulations recommended by the 

NPFMC. 

On January 5, 2010, NMFS published 

a final rule implementing a Limited 

Access System for Guided Sport Charter 

Vessels in Alaska for halibut in IPHC 

Regulatory Areas 2C and 3A (75 FR 

554). On September 17, 2010, NMFS 

amended these regulations to revise the 

method of assigning angler 

endorsements to charter halibut permits 

to more closely align each endorsement 

vessel anglers reported for each vessel 

that a charter business used to qualify 

for a charter halibut permit (75 FR 

56904). 

On January 12, 2010, NMFS 

published notice that applications 

would be accepted from persons 

February 4, 2010, through April 5, 2010, 

that applied to receive a charter halibut 

permit under the limited access program 

for the guided charter fishery for halibut 

in Area 2C and Area 3A (75 FR 1595). 

Beginning February 1, 2011, Area 2C 

and Area 3A charter business operators 

were required to have a charter halibut 

permit on board a vessel if charter 

vessel anglers are catching and retaining 

halibut 

On February 7, 2011, NMFS 

published a final rule amending 

recordkeeping and reporting 

requirements for halibut charter vessels 

operating in IPHC Areas 2C and 3A (76 

FR 6567). This rule improves 

consistency between State of Alaska and 

Federal regulations regarding the 

submission of charter logbook data 

sheets, logbook recording requirements, 

and the definition of a fishing week. 

Changes in subsistence and sport 

halibut fishery management measures 

are codified at 50 CFR 300. Commercial 

halibut fisheries in Alaska operate 

within the Individual Fishing Quota 

(IFQ) Program and Community 

Development Quota (CDQ) Program (50 

CFR part 679), and through area-specific 

catch sharing plans. Regulations for a 

commercial and sport fishery Halibut 

CSP in Areas 2C and 3A are being 

developed pursuant to the NPFMC 

authority under the Halibut Act. 

The PFMC also exercises authority in 

a CSP allocating halibut among groups 

of fishermen in Area 2A; off the coasts 

of Washington, Oregon, and California. 

The CSP allocates the Area 2A catch 

limit among treaty Indian and nonIndian harvesters, and non-Indian 

commercial and sport harvesters. The 

treaty Indian group includes Tribal 

commercial and Tribal ceremonial and 

subsistence fisheries. The Secretary 

implemented the Area 2A CSP 

recommended by the PFMC in 1995. 


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