24420 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Rules and Regulations

published in the Federal Register. See

5 U.S.C. 605(b).

II. Ordering Clauses

3. Accordingly, It is Ordered,

pursuant to Sections 4(i), 303(r), 309(j),

332, and 405 of the Communications

Act of 1934, as amended, 47 U.S.C.

154(i), 303(r), 309(j), 332, and 405, and

Section 1.429(i) of the Commission’s

rules, 47 CFR 1.429(i), that the petition

for reconsideration or clarification filed

by American Mobile

Telecommunications Association, Inc.

IS GRANTED to the extent that

American Mobile Telecommunications

Association, Inc. seeks clarification of

§ 90.425 of the Commission’s rules.

4. It is further Ordered that in all other

respects, the petitions for

reconsideration and/or clarification of

the CMRS Third Report and Order in

GN Docket No. 93–252 discussed herein

are dismissed to the extent they are

identified herein as moot, and otherwise

are denied.

5. It is Further Ordered that the

Commission’s Consumer Information

Bureau, Reference Information Center,

shall send a copy of this Memorandum

Opinion and Order on Reconsideration,

including the Final Regulatory

Flexibility Certification, to the Chief

Counsel for Advocacy of the Small

Business Administration.

List of Subjects in 47 CFR Part 90

Administrative practice and

procedure, Business and industry,

Reporting and recordkeeping

requirements.

Federal Communications Commission.

Deputy Secretary.

William F. Caton,

Rule Changes

As discussed in the preamble, 47 CFR

Part 90 is amended as follows:

PART 90—PRIVATE LAND MOBILE

RADIO SERVICES

1. The authority citation for Part 90

continues to read as follows:

Authority: Secs. 4(i), 11, 303(g), 303(r), and

332(c)(7) of the Communications Act of 1934,

as amended, 47 U.S.C. 154(i), 161, 303(g),

303(r), 332(c)(7).

2. Section 90.425 is amended by

revising paragraphs (a) introductory text

and (e)(1) to read as follows:

§ 90.425 Station identification.

* * * * *

(a) Identification procedure. Except as

provided for in paragraphs (d) and (e) of

this section, each station or system shall

be identified by the transmission of the

assigned call sign during each

transmission or exchange of

transmissions, or once each 15 minutes

(30 minutes in the Public Safety Pool)

during periods of continuous operation.

The call sign shall be transmitted by

voice in the English language or by

International Morse Code in accordance

with paragraph (b) of this section. If the

station is employing either analog or

digital voice scrambling, or non-voice

emission, transmission of the required

identification shall be in the

unscrambled mode using A3E, F3E or

G3E emission, or International Morse,

with all encoding disabled. Permissible

alternative identification procedures are

as follows:

* * * * *

(e) * * *

(1) Station identification will not be

required for 929–930 MHz nationwide

paging licensees or MTA or EA-based

SMR licensees. All other CMRS stations

will be required to comply with the

station identification requirements of

this paragraph.

3. Section 90.647 is amended by

adding a paragraph (d) to read as

follows:

§ 90.647 Station identification.

* * * * *

(d) Notwithstanding the requirements

set forth in this paragraph, systems

operated by geographic area CMRS

licensees are subject only to the station

identification requirements of

§ 90.425(e).

[FR Doc. 00–10354 Filed 4–25–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN–1018–AF45

Endangered and Threatened Wildlife

and Plants; Final Rule To Remove the

Umpqua River Cutthroat Trout From

the List of Endangered Wildlife

AGENCIES: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (FWS), are amending

the current regulations by removing the

entry of the Umpqua River Ecologically

Significant Unit (ESU) of the coastal

cutthroat trout (Oncorhynchus clarki

clarki) from the List of Endangered and

Threatened Wildlife (List). The National

Marine Fisheries Service (NMFS),

which has jurisdiction for this

population, has determined that the

Umpqua River cutthroat trout

population, formerly identified as an

ESU of the species, is part of a larger

population segment that previously was

determined to be neither endangered

nor threatened as defined by the

Endangered Species Act (Act).

Therefore, NMFS determined that the

Umpqua River cutthroat trout should be

removed from the List of Endangered

and Threatened Wildlife and

recommended that the Department of

the Interior implement this action by

amending the List accordingly. We

concur with the determination by NMFS

and are removing all of the Act’s

protections, including critical habitat

designation, for this population in the

Umpqua River basin.

DATES: This rule is effective April 26,

2000.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours, at Branch of Conservation and

Classification, Division of Endangered

Species, U.S. Fish and Wildlife Service,

4401 N. Fairfax Dr., Room 420,

Arlington, Virginia 22203.

FOR FURTHER INFORMATION CONTACT:

Nancy Gloman, Chief, Division of

Endangered Species, U.S. Fish and

Wildlife Service, at the above address or

telephone 703/358–2171.

SUPPLEMENTARY INFORMATION:

Background

The coastal cutthroat trout subspecies

(Oncorhynchus clarki clarki) is native to

western North America and is found in

the coastal temperate rainforests from

southeast Alaska to northern California

(Trotter 1989). The populations

addressed in this document inhabit the

Umpqua River basin of coastal Oregon.

Details of the coastal cutthroat trout’s

life history and ecology, including

particular aspects of the various resident

and migratory life forms, can be found

in published reviews by Pauley et al.

(1989), Trotter (1989), Behnke (1992),

Johnson et al. (1994), and Johnson et al.

(1999).

Previous ESA Actions Related to

Coastal Cutthroat Trout

Descriptions of previous Federal

actions pertaining to coastal cutthroat

trout are summarized in the Federal

Register notice on the transfer of agency

jurisdiction (65 FR 21376, April 21,

2000), final delisting rule published by

NMFS (65 FR 20915, April 19, 2000),

the proposed delisting rule (64 FR

16397, April 5, 1999), and the initial

listing determination (61 FR 41514,

Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Rules and Regulations 24421

August 9, 1996). In response to a

petition, NMFS proposed to list the

Umpqua River coastal cutthroat trout

ESU as endangered on July 8, 1994 (59

FR 35089), and made the listing final on

August 9, 1996 (61 FR 41514). The

listing was followed by a critical habitat

designation on January 9, 1998 (63 FR

1388).

Determinations

After making the initial findings to

list the Umpqua River cutthroat trout,

NMFS conducted an expanded review

of coastal cutthroat trout that identified

six ESUs in Washington, Oregon, and

California (Johnson 1999). One of the

conclusions of this more comprehensive

review was that the Umpqua River

cutthroat trout population was part of a

larger Oregon Coast ESU bounded by

Cape Blanco in the south and the

Columbia River mouth in the north.

Moreover, NMFS determined that the

larger ESU did not warrant listing under

the ESA. In light of these findings,

NMFS proposed to delist the Umpqua

River ESU on April 5, 1999 (64 FR

16397). This proposal was announced

jointly with us because section

4(a)(2)(B) of the Act requires our

concurrence on any NMFS delisting

action. The proposal also noted that a

determination would be made regarding

which of the two agencies should have

sole jurisdiction over the species of

which the Umpqua River ESU is a part.

On April 21, 2000, the agencies

published a document announcing that

we would retain this authority, but that

NMFS would complete the final

determination on the Umpqua delisting

proposal (65 FR 21376).

The agencies requested information

on all aspects of the April 1999 delisting

proposal, and NMFS held public

hearings May 25–26, 1999, to solicit

additional comments (64 FR 20248,

April 26, 1999). In accordance with a

July 1, 1994, interagency policy (59 FR

34270), NMFS also solicited scientific

peer review on the proposal from

species experts. A summary of the

comments received and the NMFS

responses can be found in the final

delisting rule published by NMFS on

April 19, 2000 (65 FR 20915).

Based on an assessment of the best

available scientific and commercial

information, and after taking into

account public and peer review

comments, NMFS found that the

Umpqua River ESU of the coastal

cutthroat trout is not a valid ‘‘distinct

population segment,’’ as defined by a

joint NMFS/FWS policy published on

February 7, 1996 (61 FR 4722).

Therefore, NMFS concludes that the

Umpqua River cutthroat trout should be

removed from the Federal List of

Endangered and Threatened Wildlife,

thereby removing all protections

provided by the Act. In accordance with

section 4(a)(2)(B) of the Act, NMFS has

recommended that the Department of

the Interior implement this action by

amending the List accordingly. We have

reviewed the complete administrative

record regarding this action, find that

the determination is well based, and

concur that the Umpqua River ESU of

the coastal cutthroat trout should be

removed from the List. Therefore, in

accordance with section 4(a)(2) of the

Act, we are amending the List (50 CFR

17.11(h)) by revising the regulations to

remove the entry for this population.

Effects of the Final Rule

This action removes Umpqua River

cutthroat trout from the List of

Endangered and Threatened Wildlife.

The Act and its implementing

regulations set forth a series of general

prohibitions that apply to all

endangered animals. All prohibitions of

section 9(a)(1) of the Act, implemented

by 50 CFR 223.203, currently apply to

Umpqua River cutthroat trout. These

prohibitions, in part, make it illegal for

any person subject to the jurisdiction of

the United States to take (includes

harass, harm, pursue, hunt, shoot,

wound, kill, trap, capture, or collect; or

to attempt any of these), import or

export, ship in interstate or foreign

commerce in the course of a commercial

activity, or sell or offer for sale in

interstate or foreign commerce any

endangered wildlife species. It is also

illegal to possess, sell, deliver, carry,

transport, or ship any such wildlife that

has been taken illegally. Once removed

from the List, these prohibitions will no

longer apply to Umpqua River cutthroat

trout.

The requirements of section 7 of the

Act will also no longer apply to

Umpqua River cutthroat trout, and

Federal agencies will no longer be

required to consult on their actions that

may affect Umpqua River cutthroat

trout.

The 1988 amendments to the Act

require that all species which have been

delisted due to recovery be monitored

for at least 5 years following delisting.

Umpqua River cutthroat trout is being

delisted due to a reevaluation of the

ESUs in Oregon and California that

indicated that the Umpqua River ESU is

not a valid ESU, and that the Umpqua

River cutthroat trout is part of a larger

ESU. Therefore, since this delisting is

not due to recovery, no monitoring

period is required.

Critical habitat for the Umpqua River

cutthroat trout was designated on

January 9, 1998 (63 FR 1388). It includes

all estuarine areas and river reaches

accessible to the species in the Umpqua

River basin, except areas above

longstanding, naturally impassable

barriers. The Act defines critical habitat

as ‘‘specific areas within the

geographical area occupied by the

species, at the time it is listed, on which

are found those physical or biological

features essential to the conservation of

the species and which may require

special management considerations or

protection.’’ Because critical habitat can

be designated only for species listed as

endangered or threatened under the Act,

upon publication of this final rule to

amend the regulations, critical habitat

would no longer be designated for the

Umpqua River cutthroat trout

population.

This final rule is issued under 50 CFR

part 17 and is not subject to Office of

Management and Budget review under

Executive Order 12866. Because this

rule implements a determination

previously subject to notice and

comment and will relieve regulatory

restrictions, the Service Director, under

section 553(b)(3)(B) and (d) of the

Administrative Procedure Act (5 U.S.C.

553 et seq.), for good cause, finds that

it is unnecessary to provide additional

notice and public comment on this rule

or to delay for 30 days its effective date.

National Environmental Policy Act

We have determined that

environmental assessments and

environmental impact statements, as

defined under the authority of the

National Environmental Policy Act of

1969, need not be prepared in

connection with regulations adopted

pursuant to section 4(a) of the Act. We

published a notice outlining our reasons

for this determination in the Federal

Register on October 25, 1983 (48 FR

49244).

References Cited

A complete list of all references cited

herein, as well as others, is available

upon request from the Branch of

Conservation and Classification (see

ADDRESSES section).

Author

The primary author of this final rule

is Tim Van Norman, Branch of

Conservation and Classification (see

ADDRESSES section).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.

24422 Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / Rules and Regulations

Regulations Promulgation

Accordingly, part 17, subchapter B of

chapter I, title 50 of the Code of Federal

Regulations, is amended as set forth

below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

§ 17.11 [Amended]

2. Section 17.11(h) is amended by

removing the entry for ‘‘Trout, Umpqua

River cutthroat, Oncorhynchus (=Salmo)

clarki clarki’’ under ‘‘FISHES’’ from the

List of Endangered and Threatened

Wildlife.

Dated: April 10, 2000.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 00–10372 Filed 4–25–00; 8:45 am]

BILLING CODE 4310–55–P