Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations 28131

(2) When is take of Preble’s meadow

jumping mice allowed? Take of Preble’s

meadow jumping mice resulting from

the following legally conducted

activities, in certain circumstances as

described below, is allowed:

(i) Take under permits. Any person

with a valid permit issued by the

Service under § 17.32 may take Preble’s

meadow jumping mice pursuant to the

terms of the permit.

(ii) Rodent control. Preble’s meadow

jumping mice may be taken incidental

to rodent control undertaken within 10

feet of or inside any structure. ‘‘Rodent

control’’ includes control of mice and

rats by trapping, capturing, or otherwise

physically capturing or killing, or

poisoning by any substance registered

with the Environmental Protection

Agency as required by the Federal

Insecticide, Fungicide, and Rodenticide

Act (7 U.S.C. 136) and applied

consistent with its labeling. ‘‘Structure’’

includes but is not limited to any

building, stable, grain silo, corral, barn,

shed, water or sewage treatment

equipment or facility, enclosed parking

structure, shelter, gazebo, bandshell, or

restroom complex.

(iii) Established, ongoing agricultural

activities. Preble’s meadow jumping

mice may be taken incidental to

agricultural activities, including grazing,

plowing, seeding, cultivating, minor

drainage, burning, mowing, and

harvesting, as long as these activities are

established, ongoing activities and do

not increase impacts to or further

encroach upon the Preble’s meadow

jumping mouse or its habitat. New

agricultural activities or those that

expand the footprint or intensity of the

activity are not considered to be

established, ongoing activities.

(iv) Maintenance and replacement of

existing landscaping. Preble’s meadow

jumping mice may be taken incidental

to the maintenance and replacement of

any landscaping and related structures

and improvements, as long as they are

currently in place and no increase in

impervious surfaces would result from

their maintenance and improvement.

Construction of new structures or

improvements or expansion of the

landscaping in a manner that increases

impervious surfaces would not be

considered maintenance and

replacement of existing landscaping.

(v) Existing uses of water. Preble’s

meadow jumping mice may be taken

incidentally as a result of existing uses

of water associated with the exercise of

perfected water rights pursuant to State

law and interstate compacts and

decrees. (A ‘‘perfected water right’’ is a

right that has been put to beneficial use

and has been permitted, decreed, or

adjudicated pursuant to State law.)

Increasing the use or altering the

location of use of an existing water right

would not be considered an existing use

of water.

(3) When is take of Preble’s not

allowed?

(i) Any manner of take not described

under paragraph (l) (2) of this section.

(ii) No person may import or export,

ship in interstate commerce in the

course of commercial activity, or sell or

offer for sale in interstate or foreign

commerce any Preble’s meadow

jumping mice.

(iii) No person, except for an

authorized person may possess, sell,

deliver, carry, transport, or ship any

Preble’s meadow jumping mice that

have been taken illegally.

(4) How long is this rule effective?

This rule is effective for a period of 36

months from May 22, 2001.

(5) Where does this rule apply? The

take exemptions provided by this rule

are applicable within the entire range of

the Preble’s meadow jumping mouse.

Dated: March 27, 2001.

Joseph E. Doddridge,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 01–12792 Filed 5–21–01; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[Docket No. 010119022–1113–02; I.D.

120800A]

RIN 0648–AO89

Magnuson-Stevens Fishery

Conservation and Management Act;

Amendment of Foreign Fishing Fee

Table

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

amend the fee table for foreign vessels

fishing in the U.S. Exclusive Economic

Zone (EEZ). The intent of this action is

to comply with the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act), which

requires the establishment of a schedule

of reasonable fees that apply nondiscriminatorily to each foreign fishing

nation.

DATES: Effective June 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert A. Dickinson, 301–713–2276

SUPPLEMENTARY INFORMATION:

Regulations at 50 CFR part 600, subpart

F govern foreign fishing under the

Magnuson-Stevens Act (16 U.S.C. 1801

et seq.). The regulations provide for the

application and issuance of foreign

fishing permits under provisions of

section 204 (b) of the Magnuson-Stevens

Act. Under section 204 (b), foreign

vessels may be permitted to catch,

process, scout, support and transship in

the EEZ.

Section 204 (b)(10) of the MagnusonStevens Act requires the establishment

of a schedule of reasonable fees to apply

non-discriminatorily to each foreign

fishing nation. Regulations at 50 CFR

600.518 require, among other things,

that foreign vessels authorized to

directly harvest fish in the EEZ pay fees

based on the number of metric tons of

allocated species harvested. The species

potentially available for foreign fishing

and the fees associated with those

species are found in the table at 50 CFR

600.518 (b)(1). In a proposed rule

published on March 8, 2001, at 66 FR

13870, NMFS proposed to amend this

table by removing species no longer

available for allocation, clarifying

listings for certain species appearing in

the table, adding Atlantic herring as an

allocable species, and establishing the

fees to be paid for the resulting list of

allocable species.

NMFS believes the fees and other

changes to the table at 50 CFR 600.518

(b)(1) discussed in the proposed rule

published on March 8, 2001, at 66 FR

13870, constitute, in accordance with

section 204 (b)(10) of the MagnusonStevens Act, a schedule of reasonable

fees to apply non-discriminatorily to

each foreign fishing nation. The specific

details of all the changes proposed for

the table at 50 CFR 600.518 (b)(1) are

discussed in the preamble to the

proposed rule published on March 8,

2001, at 66 FR 13870, and are not

repeated here. The fees and other

changes are adopted as final. No

comments were received regarding the

proposed rule published on March 8,

2001, at 66 FR 13870.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere has delegated to the

Assistant Administrator for Fisheries,

NOAA, the authority to sign material for

publication in the Federal Register.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

28132 Federal Register / Vol. 66, No. 99 / Tuesday, May 22, 2001 / Rules and Regulations

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration when

this rule was proposed that it would not

have a significant economic impact on

a substantial number of small entities.

No comments were received regarding

the economic impacts of this action on

small entities. As a result, the basis for

the certification has not changed and a

regulatory flexibility analysis was not

prepared.

List of Subjects in 50 CFR Part 600

Fisheries, Fishing, Foreign relations,

Intergovernmental relations.

Dated: May 16, 2001.

Clarence Pautzke,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR Chapter VI is

amended as follows:

PART 600—MAGNUSON-STEVENS

ACT PROVISIONS

1. The authority citation for part 600

continues to read as follows:

Authority: 5 U.S.C. 561 and 16 U.S.C. 1801

et seq.

2. In § 600.518 (b)(1), the table is

revised to read as follows:

§ 600.518 Fee schedule for foreign fishing.

* * * * *

(b) * * *

(1) * * *

TABLE—SPECIES AND

POUNDAGE FEES

[Dollars per metric ton]

Species Poundage fees

Northwest Atlantic Ocean fisheries:

1. Butterfish ................................. 277.96

2. Herring, Atlantic ...................... 25.75

3. Herring, River .......................... 49.59

4. Mackerel, Atlantic .................... 64.76

5. Other finfish ............................ 45.48

6. Squid, Illex .............................. 97.56

7. Squid, Loligo ........................... 321.68

[FR Doc. 01–12872 Filed 5–21–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010112013–1013–01; I.D.

051401A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pacific Cod by the

Offshore Component in the Western

Regulatory Area in the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for Pacific cod by vessels

catching Pacific cod for processing by

the offshore component in the Western

Regulatory Area in the Gulf of Alaska

(GOA). This action is necessary to fully

use the 2001 total allowable catch (TAC)

of Pacific cod in the Western Regulatory

Area.

DATES: Effective 1200 hrs, Alaska local

time, May 18, 2001.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586–7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

GOA exclusive economic zone

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens Fishery Conservation and

Management Act. Regulations governing

fishing by U.S. vessels in accordance

with the FMP appear at subpart H of 50

CFR part 600 and 50 CFR part 679.

The 2001 A season Pacific cod TAC

apportioned to vessels catching Pacific

cod for processing by the offshore

component in the Western Regulatory

Area of the GOA is 1,098 metric tons

(mt) as established by the Final 2001

Harvest Specifications and Associated

Management Measures for the

Groundfish Fisheries Off Alaska (66 FR

7276, January 22, 2001).

NMFS closed the directed fishery for

Pacific cod to vessels catching Pacific

cod for processing by the offshore

component in the Western Regulatory

Area under § 679.20(d)(1)(i) on April 26,

2001 (66 FR 21691, May 1, 2001).

NMFS has determined that

approximately 250 mt remain in the

directed fishing allowance. Therefore,

NMFS is terminating the previous

closure and is opening directed fishing

for Pacific cod by vessels catching

Pacific cod for processing by the

offshore component in the Western

Regulatory Area of the GOA.

Classification

This action responds to the best

available information recently obtained

from the fishery. The Assistant

Administrator for Fisheries, NOAA,

finds that the need to immediately

implement this action to allow full use

of the Pacific cod TAC constitutes good

cause to waive the requirement to

provide prior notice and opportunity for

public comment pursuant to the

authority set forth at 5 U.S.C.

553(b)(3)(B) and 50 CFR

679.20(b)(3)(iii)(A), as such procedures

would be unnecessary and contrary to

the public interest. Similarly, the need

to implement these measures in a timely

fashion to allow full use of the Pacific

cod TAC constitutes good cause to find

that the effective date of this action

cannot be delayed for 30 days. In

addition, this action relieves a

restriction on the harvest of Pacific cod

in the Western Regulatory Area of the

Gulf of Alaska. Accordingly, under 5

U.S.C. 553(d), a delay in the effective

date is hereby waived.

This action is required by § 679.20

and is exempt from review under

Executive Order 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 16, 2001.

Bruce C. Morehead,

Acting Director,Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–12870 Filed 5–17–01; 4:19 pm]

BILLING CODE 3510–22–S