4238 Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices 

1Since August 21, 2001, the Act has been in lapse 

and the President, through Executive Order 13222 

of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), 

as extended by the Notice of August 3, 2006 (71 FR 

44551, Aug. 7, 2006), has continued the Regulations 

in effect under the International Emergency 

Economic Powers Act (50 U.S.C. §§ 1701–1706 

(2000)) (‘‘IEEPA’’). 

2The Regulations are currently codified at 15 CFR 

Parts 730–774 (2006). 

has been exported from the United 

States; 

D. Obtain from the Denied Persons in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Persons, or service any item, of 

whatever origin, that is owned, 

possessed or controlled by the Denied 

Persons if such service involves the use 

of any item subject to the Regulations 

that has been or will be exported from 

the United States. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification or 

testing. 

Third, that in accordance with the 

provisions of Section 766.23(c) of the 

Export Administration Regulations, any 

of the Related Persons may, at any time, 

make an appeal related to this Order by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202–

4022. 

Fourth, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the Regulations 

where the only items involved that are 

subject to the Regulations are the 

foreign-produced direct product of U.S.- 

origin technology. 

Fifth, that this Order shall be 

published in the Federal Register and a 

copy provided to each of the Related 

Persons. 

This Order is effective upon 

publication in the Federal Register. 

Entered this 23d day of January 2007. 

Wendy L. Wysong, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. 07–389 Filed 1–29–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Acting Affecting Export Privileges; 

Fernando Sero, a/k/a Ferdie Resada; 

Order Denying Export Privileges 

A. Denial of Export Privileges of 

Fernando Sero, a/k/a Ferdie Resada 

On December 15, 2005, in the U.S. 

District Court for the Southern District 

of New York, following a plea of guilty, 

Fernando Sero, a/k/a Ferdie Resada 

(‘‘Sero’’) was convicted of violating 

Section 38 of the Arms Export Control 

Act (22 U.S.C. §§ 2778 (2000)) 

(‘‘AECA’’). Sero pled guilty to 

knowingly and willfully causing to be 

exported from the United States to a 

location on the Island of Mindanao, in 

the Southern Philippines, U.S. defense 

articles to wit, weapons parts, which 

were designated as defense articles on 

the United States Munitions List, 

without having first obtained a valid 

license from the Department of State for 

such export, or written authorization for 

such an export. Sero was sentenced to 

40 months imprisonment followed by 

three years of supervised release. 

Section 11(h) of the Export 

Administration Act of 1979, as amended 

(currently codified at 50 U.S.C. app. 

§§ 2401–2420 (2000)) (‘‘Act’’) 1 and 

Section 766.25 of the Export 

Administration Regulations2

(‘‘Regulations’’) provide, in pertinent 

part, that ‘‘[t]he Director of Exporter 

Services, in consultation with the 

Director of the Office of Export 

Enforcement, may deny the export 

privileges of any person who has been 

convicted of a violation of * * * 

Section 38 of the Arms Export Control 

Act (22 U.S.C. 2778),’’ for a period not 

to exceed 10 years from the date of 

conviction. 15 CFR §§ 766.25(a) and (d). 

In addition, Section 750.8 of the 

Regulations states that BIS’s Office of 

Exporter Services may revoke any BIS 

licenses previously issued in which the 

person had an interest in at the time of 

his conviction. 

I have received notice of Sero’s 

conviction for violating the AECA, and 

have provided notice and an 

opportunity for Sero to make a written 

submission to the Bureau of Industry 

and Security as provided in Section 

766.25 of the Regulations. I have also 

received a written submission from Sero 

explaining why he does not believe a 10 

year denial is appropriate and have 

decided, following consideration of his 

submission and consultations with the 

Export Enforcement, including the 

Director, Office of Export Enforcement, 

to deny Sero’s conviction. 

Accordingly, it is hereby ordered: 

I. Until December 15, 2015, Fernando 

Sero, a/k/a Ferdie Resada, Inmate No. 

84301–054, FCI Loretto, Federal 

Correction Institute, P.O. Box 1000, 

Loretto, PA 15940, and with an address 

at: 37 Rugby Road, Yonkers, NY 10710, 

and when acting for or on behalf of 

Sero, his representatives, assigns, 

agents, or employees, (collectively 

referred to hereinafter as the ‘‘Denied 

Person’’) may not, directly or indirectly, 

participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the 

Regulations, or in any other activity 

subject to the Regulations, including, 

but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the Regulations, or in any 

other activity subject to the Regulations; 

or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the Regulations, or in 

any other activity subject to the 

Regulations. 

II. No person may, directly or 

indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Person any item subject to 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Person of the ownership, 

possession, or control of any item 

subject to the Regulations that has been 

or will be exported from the United 

States, including financing or other 

support activities related to a 

transaction whereby the Denied Person 

acquires or attempts to acquire such 

ownership, possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the Denied Person of 

any item subject to the Regulations that 

has been exported from the United 

States; 

D. Obtain from the Denied Person in 

the United States any item subject to the 

Regulations with knowledge or reason 

to know that the item will be, or is 

intended to be, exported from the 

United States; or 

E. Engage in any transaction to service 

any item subject to the Regulations that 

has been or will be exported from the 

United States and which is owned, 


ycherry on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Notices 4239 

possessed or controlled by the Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the Denied Person if such 

service involves the use of any item 

subject to the Regulations that has been 

or will be exported from the United 

States. For purposes of this paragraph, 

servicing means installation, 

maintenance, repair, modification or 

testing. 

III. After notice and opportunity for 

comment as provided in section 766.23 

of the Regulations, any other person, 

firm, corporation, or business 

organization related to Fernando Sero 

by affiliation, ownership, control, or 

position of responsibility in the conduct 

of trade or related services may also be 

made subject to the provisions of this 

Order. 

IV. This Order does not prohibit any 

export, reexport, or other transaction 

subject to the Regulations where the 

only items involved that are subject to 

the Regulations are the foreignproduced direct product of U.S.-origin 

technology. 

V. This Order is effective immediately 

and shall remain in effect until 

December 15, 2015. 

VI. In accordance with Part 756 of the 

Regulations, Sero may file an appeal of 

this Order with the Under Secretary of 

Commerce for Industry and Security. 

The appeal must be filed within 45 days 

from the date of this Order and must 

comply with the provisions of Part 756 

of the Regulations. 

VII. A copy of this Order shall be 

delivered to Sero. This Order shall be 

published in the Federal Register. 

Dated: January 22, 2007. 

Eileen M. Albanese, 

Director, Office of Exporter Services. 

[FR Doc. 07–390 Filed 1–29–07; 8:45 am] 

BILLING CODE 3510–DT–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 121406B] 

Marine Mammals; Pinniped Removal 

Authority 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: NMFS received an 

application under Section 120 of the 

Marine Mammal Protection Act 

(MMPA) from the states of Oregon, 

Washington, and Idaho requesting 

authorization to intentionally take, by 

lethal methods, individually identifiable 

California sea lions (Zalophus 

californianus) that prey on Pacific 

salmon and steelhead (Onchorhynchus 

spp.) listed as threatened or endangered 

under the Endangered Species Act 

(ESA) in the Columbia River in 

Washington and Oregon. This 

authorization is requested as part of a 

larger effort to protect and recover listed 

salmonid stocks in the river. NMFS has 

determined that the application 

contains sufficient information to 

warrant convening a Pinniped-Fishery 

Interaction Task Force (Task Force), 

which will be established after the close 

of the public comment period. NMFS 

solicits public comments on the 

application, other information related to 

pinniped predation on salmonids at 

Bonneville Dam, and nominations for 

potential members of the Task Force. 

DATES: Comments and information must 

be received by April 2, 2007. 

ADDRESSES: Comments on the 

application should be addressed to 

Assistant Regional Administrator, 

Protected Resources Division, NMFS, 

1201 NE Lloyd Blvd., Suite 1100, 

Portland, OR 97232. Comment may also 

be submitted by email to 

SeaLion.Predation@noaa.gov or by fax 

to 301–427–2527. 

FOR FURTHER INFORMATION CONTACT: 

Garth Griffin, (503) 231–2005, or Tom 

Eagle, (301) 713–2322, ext. 105. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

The states’ application and 

background information on pinniped 

predation on listed salmonids, and nonlethal efforts to address the predation, 

are available via the Internet at the 

following address: http:// 

www.nwr.noaa.gov. 

Statutory Authority 

Section 120 of the MMPA (16 U.S.C. 

1361, et seq.) allows the Secretary of 

Commerce, acting through the Assistant 

Administrator for Fisheries (Assistant 

Administrator), NMFS, to authorize the 

intentional lethal taking of individually 

identifiable pinnipeds that are having a 

significant negative impact on the 

decline or recovery of salmonids that 

are listed as threatened or endangered 

under the Endangered Species Act 

(ESA). The authorization applies only to 

pinnipeds that are not listed under the 

ESA, or designated as a depleted or 

strategic stock under the MMPA. 

Pursuant to section 120(b) and (c), 

applicants may request authorization to 

lethally remove pinnipeds, and the 

Assistant Administrator is required to: 

(1) Review the application to 

determine whether the applicant has 

produced sufficient evidence to warrant 

establishing a Pinniped-Fishery 

Interaction Task Force (Task Force); 

(2) Establish the Task Force and 

publish a notice in the Federal Register 

requesting public comment on the 

application if sufficient evidence has 

been produced; 

(3) Consider any recommendations 

made by the Task Force in making a 

determination whether to approve or 

deny the application; and 

(4) If approved, immediately takes 

steps to implement the intentional 

lethal taking, which shall be performed 

by Federal or state agencies, or qualified 

individuals under contract to such 

agencies. 

The Task Force is required to be 

comprised of the following: (1) NMFS/ 

NOAA staff, (2) scientists who are 

knowledgeable about the pinniped 

interaction, (3) representatives of 

affected conservation and fishing 

community organizations, (4) treaty 

Indian tribes, (5) the states, and (6) such 

other organizations as NMFS deems 

appropriate. The Task Force reviews the 

application, other background 

information, and public comments and, 

as required by statute, recommends to 

NMFS whether to approve or deny the 

application. The Task Force is also 

required to submit with its 

recommendation, a description of the 

specific pinniped individual or 

individuals, the proposed location, 

time, and method of such taking, criteria 

for evaluating the success of the action, 

the duration of the intentional lethal 

taking authority, and a suggestion for 

non-lethal alternatives, if available and 

practicable, including a recommended 

course of action. 

Background 

On December 5, 2006, NMFS received 

an application co-signed by the 

Washington Department of Fish and 

Wildlife (WDFW), the Oregon 

Department of Fish and Wildlife 

(ODFW) and the Idaho Department of 

Fish and Game (IDFG) requesting 

authorization to intentionally take, by 

lethal methods, individually identifiable 

California sea lions in the Columbia 

River, which are having a significant 

negative impact on the recovery of 

threatened and endangered Pacific 

salmon and steelhead. According to the 

states’ application, impacted salmon 

and steelhead include Lower Columbia 

River Chinook (threatened), Lower 

Columbia River steelhead (threatened), 

Middle Columbia River steelhead 


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