Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 28473 

of the country of origin was filed on 

behalf of Domex Marketing, Inc., L&M 

Companies Inc., Nuchief Sales, Inc., 

Oneonata Trading Corporation, PAC 

Marketing International, LLC., Rainier 

Fruit Company and Sage Marketing 

LLC., ‘‘(las Reclamantes)’’. Union 

Agricola Regional de Fruticultores del 

Estado de Chihuahua A.C., filed a notice 

of motion requesting termination in 

support of Domex and the others 

regarding Secretariat File No. MEXUSA–2003–1904–02. 

SUMMARY: Pursuant to the Notice of 

Motion to Terminate the Panel Review 

and support of that motion, the panel 

review is terminated as of May 3, 2007. 

A panel has not been appointed to this 

panel review. Pursuant to Rule 71(2) of 

the Rules of Procedure for Article 1904 

Binational Panel Review, this panel 

review is terminated. 

FOR FURTHER INFORMATION CONTACT: 

Caratina L. Alston, United States 

Secretary, NAFTA Secretariat, Suite 

2061, 14th and Constitution Avenue, 

Washington, DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Chapter 

19 of the North American Free-Trade 

Agreement (‘‘Agreement’’) establishes a 

mechanism to replace domestic judicial 

review of final determinations in 

antidumping and countervailing duty 

cases involving imports from a NAFTA 

country with review by independent 

binational panels. When a Request for 

Panel Review is filed, a panel is 

established to act in place of national 

courts to review expeditiously the final 

determination to determine whether it 

conforms with the antidumping or 

countervailing duty law of the country 

that made the determination. 

Under Article 1904 of the Agreement, 

which came into force on January 1, 

1994, the Government of the United 

States, the Government of Canada and 

the Government of Mexico established 

Rules of Procedure for Article 1904 

Binational Panel Reviews (‘‘Rules’’). 

These Rules were published in the 

Federal Register on February 23, 1994 

(59 FR 8686). The panel review in this 

matter was requested and terminated 

pursuant to these Rules. 

Dated: May 15, 2007. 

Caratina L. Alston, 

United States Secretary, NAFTA Secretariat. 

[FR Doc. E7–9662 Filed 5–18–07; 8:45 am] 

BILLING CODE 3510–GT–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 041307C] 

Endangered and Threatened Species; 

Recovery Plans 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: NMFS announces the 

availability of the Draft Revised 

Recovery Plan ( Draft Revised Plan), 

dated May 2007, for the western and 

eastern distinct population segments 

(DPS) of Steller sea lion (Eumetopias 

jubatus). NMFS is soliciting review and 

comment on the Draft Revised Plan from 

all interested parties. Due to continued 

and substantial public interest in the 

recovery plan to-date, NMFS is releasing 

an updated version of the Draft Revised 

Plan for additional review and written 

comments. 

DATES: Comments on the Draft Revised 

Plan must be received by close of 

business on August 20, 2007. 

ADDRESSES: Send comments to Kaja 

Brix, Assistant Regional Administrator, 

Protected Resources Division, Alaska 

Region, NMFS, Attn: Ellen Walsh. 

Comments may be submitted by: 

• E-mail: SSLRP@noaa.gov. Include in 

the subject line the following document 

identifier: Sea Lion Recovery Plan. 

E-mail comments, with or without 

attachments, are limited to 5 megabytes. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Juneau, 

AK. 

• Fax: (907) 586 7012. 

Interested persons may obtain the 

Draft Revised Plan for review from the 

above address or online from the NMFS 

Alaska Region website: http:// 

www.fakr.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: Kaja 

Brix, (907 586 7235), e-mail 

kaja.brix@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Recovery plans are guidance 

documents that describe the actions 

considered necessary for the 

conservation and recovery of species 

listed under the Endangered Species Act 

(ESA) of 1973, as amended (16 U.S.C. 

1531 et seq.). Development and 

implementation of a recovery plan helps 

to ensure that recovery efforts utilize 

limited resources effectively and 

efficiently. The ESA requires the 

development of recovery plans for listed 

species, unless such a plan would not 

promote the recovery of a particular 

species. The ESA requires that recovery 

plans incorporate the following: (1) 

Objective, measurable criteria that, 

when met, would result in a 

determination that the species is no 

longer threatened or endangered; (2) 

site-specific management actions 

necessary to achieve the plan’s goals; 

and (3) estimates of the time and costs 

required to implement recovery actions. 

NMFS will consider all substantive 

comments and information presented 

during the public comment period prior 

to finalizing the Steller Sea Lion 

Recovery Plan. 

NMFS’ goal is to restore endangered 

and threatened Steller sea lion 

(Eumetopias jubatus) populations to 

levels at which they are secure, selfsustaining components of their 

ecosystems and no longer require the 

protections of the ESA. The Steller sea 

lion was listed as a threatened species 

under the ESA on April 5, 1990 (55 FR 

12645), due to substantial declines in 

the western portion of the range. Critical 

habitat was designated on August 27, 

1993 (58 FR 45269), based on the 

locations of terrestrial rookeries and 

haulouts, the spatial extent of foraging 

trips, and availability of prey. In 1997, 

Steller sea lions were reclassified as two 

DPSs under the ESA, a western DPS and 

an eastern DPS, based on demographic 

and genetic dissimilarities (62 FR 

24345, 62 FR 30772). Due to a persistent 

population decline, the western DPS 

was reclassified as endangered at that 

time. The increasing eastern DPS 

remained classified as threatened. 

Through the 1990s, the western DPS 

continued to decline. Then between 

2000 and 2004, the western population 

showed a growth rate of approximately 

three percent per year — the first 

recorded increase in the population 

since the 1970s. Based on recent counts, 

the western DPS is currently about 

44,800 animals. The eastern DPS is 

currently between 45,000 and 51,000 

animals and has been increasing at a 

rate of approximately three percent per 

year for 30 years. 

The first Steller sea lion recovery plan 

was completed in December 1992 and 

encompassed the entire range of the 

species. However, the recovery plan 

became obsolete after the split into two 

DPSs in 1997. By that time, nearly all of 

the recovery actions recommended in 

the original plan were completed. In 

2001, NMFS assembled a new recovery 

team to update the plan. The team was 


pwalker on PROD1PC71 with NOTICES
28474 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 

comprised of members representing 

marine mammal and fishery scientists, 

the fishing industry, Alaska Natives, 

and environmental organizations. The 

recovery team completed a draft 

revision in February 2006, then solicited 

peer review on the draft recovery plan 

in accordance with NMFS’ 1994 peer 

review policy. The team requested 

review from five scientists and 

managers with expertise in recovery 

planning, statistical analyses, fisheries, 

and marine mammals. In response to 

reviewers’ comments, the team clarified 

the recovery criteria, added delisting 

criteria for the western DPS, and further 

refined priorities and recovery actions. 

In March 2006, the Team submitted the 

revised plan to NOAA Fisheries with 

unanimous endorsement from the 17 

Team members. 

In May 2006, NMFS released the draft 

Steller Sea Lion Recovery Plan for 

public review and comment (71 FR 

29919). On July 20, 2006, NMFS 

extended the customary 60-day 

comment period until September 1, 

2006 (71 FR 41206) to provide 

additional time for public review and 

comments. NMFS received comments 

from 18 individuals and organizations 

during the 100-day comment period. We 

reviewed these comments and 

incorporated recommendations into the 

Draft Revised Plan. A summary of 

public comments and NMFS’ formal 

response to these comments are 

available online at http:// 

www.fakr.noaa.gov/. 

Due to extensive public interest and 

the controversial nature of this recovery 

plan, NMFS is releasing the Draft 

Revised Plan for another round of 

public reviews and comments. This will 

provide the public an opportunity to 

review changes made based on earlier 

public input and to provide further 

comments prior to release of the final 

Steller Sea Lion Recovery Plan. 

Overview 

The Draft Revised Plan contains: (1) A 

comprehensive review of Steller sea lion 

ecology, (2) a review of previous 

conservation actions, (3) a threats 

assessment, (4) biological and recovery 

criteria for downlisting and delisting, (4) 

actions necessary for the recovery of the 

species, and (5) estimates of time and 

costs for recovery. 

The threats assessment concludes that 

the following threats to the western DPS 

are relatively minor: Alaska Native 

subsistence harvest, illegal shooting, 

entanglement in marine debris, disease, 

and disturbance from vessel traffic and 

scientific research. Although much has 

been learned about Steller sea lions and 

the North Pacific ecosystem, 

considerable uncertainty remains about 

the magnitude and likelihood of the 

following potential threats (relative 

impacts in parenthesis): competition 

with fisheries (potentially high), 

environmental variability (potentially 

high), killer whale predation (medium), 

incidental take by fisheries (low), and 

toxic substances (medium). In contrast, 

no threats were identified for the eastern 

DPS. Although several factors that affect 

the western DPS also affect the eastern 

DPS (e.g., environmental variability, 

killer whale predation, toxic substances, 

disturbance), these threats do not appear 

to be limiting recovery of the population 

at this time. 

The Draft Revised Plan identifies an 

array of substantive actions that will 

foster recovery of the western DPS by 

addressing the broad range of threats. It 

highlights three actions (detailed below) 

that are especially important to the 

recovery program for the western DPS: 

1. Maintain current fishery 

conservation measures: After a longterm decline, the western DPS appears 

to be stabilizing. The first slowing of the 

decline began in the 1990s, which 

suggests that management measures 

implemented in the early 1990s may 

have been effective in reducing 

anthropogenic effects (e.g., shooting, 

harassment, and incidental take). The 

apparent population stability observed 

in the last six years appears to be 

correlated with comprehensive fishery 

management measures implemented 

since the late 1990s. Therefore, the 

current suite of management actions (or 

their equivalent protection) should be 

maintained until substantive evidence 

demonstrates that these measures can be 

altered without inhibiting recovery. 

2. Design and implement an adaptive 

management program to evaluate 

fishery conservation measures: A 

scientifically rigorous adaptive 

management program should be 

developed and implemented. A welldesigned adaptive management plan has 

the potential to assess the relative 

impact of commercial fisheries on 

Steller sea lions and distinguish the 

impacts of fisheries from other threats 

(including killer whale predation). This 

program will require a robust 

experimental design with replication at 

appropriate temporal and spatial scales. 

It will be a challenge to construct an 

adaptive management plan that is 

statistically sound, meets the 

requirements of the ESA and can be 

implemented in a practicable manner. 

3. Continue population monitoring 

and research on the key threats 

potentially impeding sea lion recovery: 

Estimates of population abundance and 

trends, spatial distribution, health, and 

essential habitat characteristics are 

fundamental to Steller sea lion 

management and recovery. Current 

knowledge of the effects of primary 

threats on these parameters is 

insufficient to determine their relative 

impacts on species recovery. Focused 

research is needed to assess the effects 

of threats on sea lion population 

dynamics and identify suitable 

mitigation measures. 

Criteria for reclassification of the 

eastern DPS and western DPS of Steller 

sea lion are included in the Draft 

Revised Plan. In summary, the western 

DPS of Steller sea lion may be 

reclassified from endangered to 

threatened status when all of the 

following have been met: (1) Counts of 

non-pups in the U.S. portion of the DPS 

have increased for 15 years (on average); 

(2) the population ecology and vital 

rates in the U.S. region are consistent 

with the observed trend; (3) the non-pup 

trends in at least five of the seven subregions are consistent with the overall 

U.S. trend, and the population trend in 

any two adjacent sub-regions can not be 

declining significantly; and (4) all five 

listing factors [as described in section 

4(a)(1) of the ESA] are addressed. 

The western DPS of Steller sea lion 

may be delisted when all of the 

following conditions have been met: (1) 

Counts of non-pups in the U.S. portion 

of the DPS have increased at an average 

annual rate of three percent for 30 years 

(i.e., 3 generations); (2) the population 

ecology and vital rates in the U.S. region 

are consistent with the observed trend; 

(3) the non-pup trends in at least five of 

the seven sub-regions are consistent 

with the overall U.S. trend, the 

population trend in any two adjacent 

sub-regions can not be declining 

significantly, and the population trend 

in any single sub-region can not have 

declined by more than 50 percent; and 

(4) all five listing factors are addressed. 

The eastern DPS of Steller sea lion 

may be delisted when all of the 

following have been met: (1) The 

population has increased at an average 

rate of three percent per year for 30 

years (i.e., three generations); (2) the 

population ecology and vital rates are 

consistent with the observed trend; and 

(4) all five listing factors are addressed. 

Time and costs for recovery actions 

for the western DPS are estimated at 

$93,840,000 for the first 5 fiscal years 

and $430,425,000 for full recovery. The 

recovery program for the eastern DPS 

will cost an estimated $150,000 for the 

first year and $1,050,000 total, including 

10 years of post-delisting monitoring. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Notices 28475 

Public Comments Solicited 

NMFS solicits written comments on 

the draft Revised Recovery Plan. All 

substantive comments received by the 

date specified above will be considered 

prior to final approval of the Plan. 

Authority: Section 4(f) of the ESA (16 

U.S.C. 1531 et seq.). 

Dated: May 16, 2007. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. E7–9755 Filed 5–18–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

XRIN 0648-XA22 

Fisheries of the Northeast Region; 

Overfished Determination of Winter 

Skate 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of overfished 

determination. 

SUMMARY: This action serves as a notice 

that NMFS, on behalf of the Secretary of 

Commerce (Secretary), has determined 

that winter skate is overfished. NMFS 

notified the New England Fishery 

Management Council (Council) of its 

determination by letter. The Council is 

required to take action within 1 year 

following NMFS notification that 

overfishing is occurring or a stock is 

approaching overfishing, a stock is 

overfished or approaching an overfished 

condition, or existing remedial action 

taken to end overfishing or rebuild an 

overfished stock has not resulted in 

adequate progress. 

FOR FURTHER INFORMATION CONTACT: 

Debra Lambert, telephone: (301) 713–

2341. 

SUPPLEMENTARY INFORMATION: Pursuant 

to sections 304(e)(2) and (e)(7) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1854(e)(2) and (e)(7), and implementing 

regulations at 50 CFR 600.310(e)(2), 

NMFS sends written notification to 

fishery management councils when 

overfishing is occurring or a stock is 

approaching overfishing; a stock is 

overfished or approaching an overfished 

condition, or existing action taken to 

end previously identified overfishing or 

rebuilding a previously identified 

overfished stock or stock complex has 

not resulted in adequate progress. On 

February 20, 2007, the NMFS Northeast 

Regional Administrator sent a letter 

notifying the Council that winter skate 

is overfished. 

A copy of the notification letter sent 

to the Council for the aforementioned 

determination is available at http:// 

www.nmfs.noaa.gov/sfa/ 

statusoffisheries/SOSmain.htm. 

Within 1 year of a notification under 

Magnuson-Stevens Act sections 

304(e)(2) or (e)(7), the respective 

Council must take remedial action in 

response to the notification, to end 

overfishing if overfishing is occurring; 

rebuild an overfished stock or stock 

complex to the abundance that can 

produce maximum sustainable yield 

within an appropriate time frame; 

prevent overfishing from occurring if a 

stock is approaching overfishing; and/or 

prevent a stock from becoming 

overfished if it is approaching an 

overfished condition (see implementing 

regulations at 50 CFR 600.310(e)(3)). 

Such action must be submitted to NMFS 

within 1 year of notification and may be 

in the form of a new fishery 

management plan (FMP), an FMP 

amendment, or proposed regulations. 

Dated: May 16, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–9753 Filed 5–18–07; 8:45 am] 

BILLING CODE 3510–22–S 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, June 29, 

2007. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Eileen A. Donovan, 202–418–5100. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–2528 Filed 5–17–07; 11:21 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, June 8, 

2007. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Eileen A. Donovan, 202–418–5100. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–2529 Filed 5–17–07; 11:21 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, June 15, 

2007. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Eileen A. Donovan, 202–418–5100. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–2530 Filed 5–17–07; 11:21 am] 

BILLING CODE 6351–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

TIME AND DATE: 11 a.m., Friday, June 22, 

2007. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Eileen A. Donovan, 202–418–5100. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–2531 Filed 5–17–07; 11:21 am] 

BILLING CODE 6351–01–M 


pwalker on PROD1PC71 with NOTICES