6930 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules

for inspection and copying during

normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC. 20037, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–3727 Filed 2–13–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Notice of Status Reviews

for the Alexander Archipelago Wolf

and Queen Charlotte Goshawk

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice of status reviews;

reopening of comment period.

SUMMARY: The Fish and Wildlife Service

(Service) provides notice that the

comment period on the rangewide

status reviews for the Queen Charlotte

goshawk (Accipiter gentilis laingi) and

the Alexander Archipelago wolf (Canis

lupus ligoni) is reopened. The Service

solicits any information, data,

comments, and suggestions from the

public, other government agencies, the

scientific community, industry, or other

interested parties concerning the status

of these species. The notice of the status

reviews was published on December 5,

1996 (61 FR 64496), and the extension

of comment period was published

December 31, 1996 (61 FR 69065).

DATES: The comment period, previously

scheduled to close February 5, 1997, is

extended and will now close on March

5, 1997. Any comments received by the

closing date will be considered in the

findings.

ADDRESSES: Comments and materials

should be sent to Field Supervisor, U.S.

Fish and Wildlife Service, Ecological

Services, 3000 Vintage Blvd., Suite 201,

Juneau, Alaska 99801–7100.

FOR FURTHER INFORMATION CONTACT: Mr.

John Lindell at the above address (907/

586–7240).

SUPPLEMENTARY INFORMATION

Background

The Service will issue separate

findings on petitions to list the Queen

Charlotte goshawk and the Alexander

Archipelago wolf under the Endangered

Species Act (Act) of 1973, as amended

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

Queen Charlotte Goshawk

The Queen Charlotte goshawk occurs

in forested areas throughout coastal

mainland and insular areas of British

Columbia, Canada, and southeastern

Alaska. On May 9, 1994, the Service

received a petition to list the Queen

Charlotte goshawk as endangered under

the Act, from Mr. Peter Galvin of the

Greater Gila Biodiversity Project, Silver

City, New Mexico, and nine

copetitioners including, the Southwest

Center for Biological Diversity, the

Biodiversity Legal Foundation, Greater

Ecosystem Alliance, Save the West,

Save America’s Forests, Native Forest

Network, Native Forest Council, Eric

Holle, and Don Muller. On August 26,

1994, the Service announced a 90 day

finding (59 FR 44124) that the petition

presented substantial information

indicating that the requested action may

be warranted, and opened a public

comment period until November 25,

1994. The Service extended the public

comment period until February 28,

1995, through two subsequent Federal

Register notices on January 4, 1995 (60

FR 425), and February 24, 1995 (60 FR

10344). The Service issued its 12-month

finding on June 29, 1995 (60 FR 33784),

indicating that listing the Queen

Charlotte goshawk under the Act was

not warranted.

On July 16, 1995, the petitioners filed

a 60-day notice of intent to sue the

Service over its 12-month finding, and

on November 17, 1995, they filed suit in

the United States District Court for the

District of Columbia challenging the not

warranted finding made by the Service.

As a result of the court proceedings the

Service is reevaluating the status of the

Queen Charlotte goshawk. The Service

is requesting any information, data,

comments, and suggestions from the

public, other government agencies, the

scientific community, industry, or other

interested parties concerning the status

of this species.

Alexander Archipelago Wolf

The Alexander Archipelago wolf

occurs in forested areas of insular and

mainland southeast Alaska, from Dixon

Entrance (US/Canada border) to Yakutat

Bay, including all large islands of the

Alexander Archipelago except

Admiralty, Baranof, and Chichagof

islands. On December 17, 1993, the

Service received a petition to list the

Alexander Archipelago wolf as

threatened under the Act, from the

Biodiversity Legal Foundation, Eric

Holle and Martin J. Berghoffen. A 90-

day finding was made by the Service

that the petition presented substantial

information indicating that the

requested action may be warranted. The

90-day finding was announced (59 FR

26476) and a status review was initiated

on May 20, 1994. The public comment

period was open between May 20, and

October 1, 1994 (59 FR 26476 and 59 FR

44122). The Service announced its

finding that listing the Alexander

Archipelago wolf was not warranted on

February 23, 1995 (60 FR 10056).

The petitioners issued a 60-day notice

of intent to sue over the Service’s not

warranted finding on November 13,

1995. On February 7, 1996, they filed

suit in the United States District Court

for the District of Columbia challenging

the not-warranted finding made by the

Service. As a result of the court

proceedings the Service is reevaluating

the status of the Alexander Archipelago

wolf. The Service is requesting any

information, data, comments, and

suggestions from the public, other

government agencies, the scientific

community, industry, or other

interested parties concerning the status

of this species.

Author

This primary author of this notice is

Teresa Woods, U.S. Fish and Wildlife

Service, Alaska Region, 1011 E. Tudor

Road, Anchorage, Alaska 99503.

Authority

The authority for this action is the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531–1544).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Export, Import, Reporting and
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Proposed Rules 6931

recordkeeping requirements,

Transportation.

Dated: February 4, 1997.

David B. Allen,

Regional Director, Region 7, Fish and Wildlife

Service.

[FR Doc. 97–3464 Filed 2–13–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 970129015–7015–01; I.D.

010397A]

RIN 0648–AI84

Taking of Marine Mammals Incidental

to Commercial Fishing Operations;

Pacific Offshore Cetacean Take

Reduction Plan Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes a plan to

reduce the bycatch and mortality of

several marine mammal stocks that

occur incidental to fishing for swordfish

and thresher shark with drift gillnet gear

offshore California and Oregon. The

draft plan was submitted by the Pacific

Offshore Cetacean Take Reduction Team

(PCTRT) pursuant to the Marine

Mammal Protection Act (MMPA). NMFS

seeks comment on the draft Pacific

Offshore Cetacean Take Reduction Plan

(PCTRP), a NMFS proposed change to

the draft plan, and proposed regulations

to implement the plan.

DATES: Comments on the draft plan,

NMFS’ proposed change to the plan,

and the proposed rule to implement the

plan must be received by March 31,

1997.

ADDRESSES: Send comments to Chief,

Marine Mammal Division, Office of

Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3226. Copies of the draft PCTRP and

Environmental Assessment (EA) are

available upon request from Irma

Lagomarsino, Southwest Region, NMFS,

501 W. Ocean Blvd., Suite 4200, Long

Beach, CA 90802–4213, or from Victoria

Cornish, Office of Protected Resources,

NMFS, 1315 East-West Highway, Silver

Spring, MD 20910–3226.

FOR FURTHER INFORMATION CONTACT: Irma

Lagomarsino, NMFS, 310–980–4016 or

Victoria Cornish, NMFS, 301–713–2322.

SUPPLEMENTARY INFORMATION: The

California/Oregon drift gillnet (CA/OR

DGN) fishery for thresher shark and

swordfish is classified as a Category I

fishery under section 118 of the Marine

Mammal Protection Act (MMPA; 16

U.S.C. 1361 et seq.). The CA/OR DGN

fishery is a pelagic fishery with the

majority of the fishing effort occurring

within 200 miles (320 kilometers)

offshore of California and Oregon.

Between May 1 and August 14, drift

gillnets may not be used to take

swordfish or thresher shark in ocean

waters within 75 miles (120 kilometers)

of the California coastline. From August

15 to January 31, swordfish may be

taken within 75 miles (120 kilometers)

of the California mainland, although

additional area restrictions also apply

within this area.

The CA/OR DGN fishery has a

historical incidental bycatch of several

strategic marine mammal stocks

including: Several beaked whale

species, short-finned pilot whales,

pygmy sperm whales, sperm whales,

and humpback whales (Barlow et al.,

1995). A strategic stock is a stock: (1)

For which the level of direct humancaused mortality exceeds the potential

biological removal (PBR) level; (2)

which is declining and is likely to be

listed under the Endangered Species Act

(ESA) in the foreseeable future; or (3)

which is listed as a threatened or

endangered species under the ESA. The

incidental bycatch of strategic stocks in

the CA/OR DGN fishery exceeds the

PBR levels established for these stocks

(Barlow et al., 1995).

Section 118 of the MMPA requires

NMFS to develop and implement a take

reduction plan to assist in the recovery

or to prevent the depletion of each

strategic stock that interacts with a

Category I or II fishery. Category I or II

fisheries are fisheries that have frequent

or occasional incidental mortality and

serious injury of marine mammals,

respectively. The immediate goal of a

take reduction plan is to reduce, within

6 months of its implementation, the

mortality and serious injury of strategic

stocks incidentally taken in the course

of commercial fishing operations to

below the PBR levels established for

such stocks. Since the CA/OR DGN

fishery is a Category I fishery that

interacts with several strategic stocks,

NMFS established the PCTRT on

February 15, 1996 (61 FR 5385) to

prepare a draft take reduction plan. The

PCTRT included representatives of

NMFS, the California Department of

Fish and Game (CDFG), the Pacific

States Marine Fisheries Commission,

environmental organizations, academic

and scientific organizations, and

participants in the CA/OR DGN fishery.

In selecting these team members, NMFS

sought an equitable balance among

representatives of resource user and

non-user interests.

The PCTRT was tasked with

developing a consensus plan for

reducing incidental mortality and

serious injury of strategic marine

mammal stocks in the CA/OR DGN

fishery. The PCTRT met five times

between February and June 1996 and

submitted a consensus draft plan to

NMFS on August 15, 1996 (PCTRP,

1996). The PCTRP includes: (1) A

review of the current information on the

status of the affected strategic marine

mammal stocks; (2) a description of the

CA/OR DGN fishery; (3) an analysis of

data from NMFS’ CA/OR DGN fishery

observer program from 1990–1995; (4)

primary strategies to reduce takes of

strategic marine mammal stocks; (5)

contingency measures that would

reduce fishing effort; and (6) other

recommendations regarding voluntary

measures to reduce takes, enhancing the

effectiveness of the observer program,

research on oceanographic/

environmental variables, and other

potential strategies considered and

rejected by the team.

The PCTRT recommended that four

primary strategies be implemented to

reduce bycatch of strategic marine

mammal stocks in the CA/OR DGN

fishery. The PCTRT recommended that

three of these strategies be administered

on a mandatory basis (strategies #1, #2,

and #4) and that one be administered on

a voluntary basis (strategy #3). This

action proposes regulations to

implement three of these primary

strategies. These include the

establishment of a depth of fishing

requirement (strategy #1), the use of

acoustic deterrent devices (pingers)

(strategy #2), and mandatory skipper

workshops (strategy #4). The PCTRT

recommended that one other primary

strategy be implemented by NMFS, yet

not through Federal regulation. This

would be for NMFS to encourage CDFG

not to reissue lapsed permits, and to

encourage the Oregon Department of

Fish and Wildlife (ODFW) to continue

issuing the same number of permits

(strategy #3).

The proposed requirements would

govern fishing by all drift gillnet vessels

that operate out of California or Oregon.