27798 Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 

provisions of Article 5 regarding mixing 

zones. 

(B) In order to allow the lowering of 

water quality in high quality waters, the 

applicant must show and justify the 

necessity for such lowering of water 

quality through compliance with the 

requirements of Section 6.11 of the 

PRWQSR. EQB will not allow the entire 

assimilative capacity of a waterbody for 

a parameter of concern to be allocated 

to a discharger, if the necessity of the 

requested effluent limitation for the 

parameter of concern is not 

demonstrated to the full satisfaction of 

EQB. 

(iii) Tier 3—Protection of ONRWs: 

(A) EQB may designate a water as 

Class SA or SE (ONRWs) through a 

Resolution (PRWQSR Sections 2.1.1 and 

2.2.1). Additionally, any interested 

party may nominate a specific water to 

be classified as an ONRW and the 

Governing Board of EQB will make the 

final determination. Classifying a water 

as an ONRW may result in the water 

being named in either Section 2.1.1 or 

2.2.2 of the PRWQSR, which would 

require an amendment of the PRWQSR. 

The process for amending the PRWQSR, 

including public participation, is set 

forth in Section 8.6 of said regulation. 

(B) The existing characteristics of 

Class SA and SE waters shall not be 

altered, except by natural causes, in 

order to preserve the existing natural 

phenomena. 

(1) No point source discharge will be 

allowed in ONRWs. 

(2) [Reserved]. 

(2) Activities Regulated by CWA 

Section 404 or Rivers and Harbors 

Action Section 10 Permits (Discharge of 

dredged or fill material) 

(i) EQB will only allow the discharge 

of dredged or fill material into a wetland 

if it can be demonstrated that such 

discharge will not have an unacceptable 

adverse impact either individually or in 

combination with other activities 

affecting the wetland of concern. The 

impacts to the water quality or the 

aquatic or other life in the wetland due 

to the discharge of dredged or fill 

material should be avoided, minimized 

and mitigated. 

(ii) The discharge of dredged or fill 

material shall not be certified if there is 

a practicable alternative to the proposed 

discharge which would have less 

adverse impact on the recipient 

ecosystem, so long as the alternative 

does not have other more significant 

adverse environmental consequences. 

Activities which are not water 

dependent are presumed to have 

practicable alternatives, unless the 

applicant clearly demonstrates 

otherwise. No discharge of dredged and 

fill material shall be certified unless 

appropriated and practicable steps have 

been taken which minimize potential 

adverse impacts of the discharge on the 

recipient ecosystem. The discharge of 

dredged or fill material to ONRWs, 

however, shall be governed by 

paragraph (d)(1)(iii) of this section. 

[FR Doc. E7–9409 Filed 5–16–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[I.D. 041307D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Allocating Bering 

Sea/Aleutian Islands Fishery 

Resources; Notice of Limited Access 

Privilege Program Public Workshop 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of public workshop. 

SUMMARY: NMFS will present a public 

workshop on the proposed program to 

implement the Amendment 80 Program 

(Program) for potentially eligible 

participants and other interested parties. 

The Program would implement a 

limited access privilege program (LAPP) 

for specific groundfish fisheries in the 

Bering Sea and Aleutian Islands 

management area (BSAI). At the 

workshop, NMFS will provide an 

overview of the proposed Program, 

discuss the key proposed Program 

elements, and answer questions. NMFS 

is conducting this public workshop to 

provide assistance to fishery 

participants in understanding and 

reviewing this proposed Program. 

DATES: The workshop will be held on 

Wednesday, May 23, 2007, from 1 p.m. 

to 4 p.m. Pacific standard time. 

ADDRESSES: The workshop will be held 

at the Leif Erikson Lodge, 2245 NW 57th 

Street, Seattle, WA 98119. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Merrill, 907–586–7228 or 

glenn.merrill@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

intends to publish a proposed rule that 

would implement a LAPP for 

Amendment 80 to the Fishery 

Management Plan for BSAI Groundfish 

(FMP). Among other things, 

Amendment 80 would allocate specific 

BSAI groundfish resources among a 

defined group of harvesters under a 

LAPP; limit the bycatch of halibut and 

crab resources; assign Amendment 80 

quota share (QS) that could be used to 

yield an exclusive harvest privilege on 

an annual basis; allow Amendment 80 

QS holders to form a cooperative with 

other Amendment 80 QS holders on an 

annual basis to receive an exclusive 

harvest privilege; implement use caps to 

limit the amount of Amendment 80 QS 

a person could hold; limit the total 

amount of catch in other groundfish 

fisheries that could be taken by 

participants in the Program; ensure 

minimum retention of groundfish while 

fishing in the BSAI; and establish 

necessary monitoring and enforcement 

standards. Amendment 80 was 

approved by the North Pacific Fishery 

Management Council (Council) on June 

9, 2006. 

In addition to other laws, the Program 

is specifically designed to meet the 

requirements of: 

• Section 219 of the Consolidated 

Appropriations Act of 2005 (Public Law 

108–447; December 8, 2004), which 

defined the Amendment 80 sector and 

implemented a capacity reduction 

program for several catcher/processor 

sectors; 

• Section 416 of the Coast Guard and 

Maritime Transportation Act of 2006 

(Public Law 109–241; July 11, 2006), 

which amended provisions of the 

Community Development Quota (CDQ) 

Program in the Magnuson-Stevens 

Fishery Conservation and Management 

Act (MSA); and 

•The Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act (Public Law 109–

479, January 12, 2007), which modified 

provisions related to the CDQ Program 

and instituted other measures 

applicable to LAPPs. 

NMFS anticipates that a proposed 

rule implementing the Program will be 

published by mid-May. NMFS is 

conducting this public workshop to 

provide assistance to fishery 

participants in understanding and 

reviewing the proposed requirements. 

At the workshop, NMFS will provide an 

overview of the proposed Program, and 

discuss the key Program elements, 

including: quota share application; 

cooperative and limited access 

participation provisions; cooperative 

quota transfer provisions; measures to 

establish sideboard limits to protect 

non-LAPP fishery participants, the 

appeals process; catch accounting; 

monitoring and enforcement; and 

electronic reporting. Additionally, 

NMFS will answer questions from 

workshop participants. For further 

information on the Program, please visit 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 72, No. 95 / Thursday, May 17, 2007 / Proposed Rules 27799 

the NMFS Alaska Region Web site at 

http://www.fakr.noaa.gov. 

Special Accommodations 

This workshop is physically 

accessible to people with disabilities. 

Requests for special accommodations 

should be directed to Glenn Merrill (see 

FOR FURTHER INFORMATION CONTACT) at 

least 5 working days before the 

workshop date. 

Dated: May 11, 2007. 

James P. Burgess 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–9530 Filed 5–16–07; 8:45 am] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with PROPOSALS