60280 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 

GHz BSS space stations must design 

their satellite networks to be capable of 

operating with another 17/24 GHz BSS 

space station as close as four degrees 

away. 

(2) Satellite network operators located 

less than four degrees away from a space 

station to be operated pursuant to 

§ 25.262(b) of this part must design their 

satellite networks to be capable of 

operating with that adjacent 17/24 GHz 

BSS space station. 

(3) Satellite network operators using 

17/24 GHz BSS space stations located at 

an orbital location other than those 

specified in Appendix F of the Report 

and Order adopted May 2, 2007, IB 

Docket No. 06–123, FCC 07–76, and that 

are not operating pursuant to § 25.262(b) 

of this part, must design their satellite 

networks to be capable of operating with 

another 17/24 GHz BSS space station 

closer than four degrees away, as a 

result of the operator’s offset position. 

* * * * * 

■ 5. Revise § 25.262 to read as follows: 

§ 25.262 Licensing and domestic 

coordination requirements for 17/24 GHz 

BSS space stations. 

(a) Except as described in paragraphs 

(b), (c) or (e) of this section, applicants 

seeking to operate a space station in the 

17/24 GHz BSS must locate that space 

station at one of the orbital positions 

described in Appendix F of the Report 

and Order adopted May 2, 2007, IB 

Docket No. 06–123, FCC 07–76. 

(b) An applicant may be authorized to 

operate a 17/24 GHz BSS space station 

at an orbital location described in 

Appendix F as set forth in paragraph (a) 

of this section, or at a location with a 

geocentric angular separation of one 

degree or less from an Appendix F 

location, and may operate at the 

maximum power flux density limits 

defined in §§ 25.208(c) and (w) of this 

part, without coordinating its power 

flux density levels with adjacent 

licensed or permitted operators, only if 

there is no licensed 17/24 GHz BSS 

space station or prior-filed application 

at a location less than four degrees from 

the offset orbital location at which the 

applicant proposes to operate. 

(c)(1) Notwithstanding the provisions 

of this section, licensees and permittees 

will be allowed to apply for a license or 

authorization for a replacement satellite 

that will be operated at the same power 

level and interference protection as the 

satellite to be replaced. 

(2) In addition, applicants for licenses 

or authority for a satellite to be operated 

at an orbit location that was made 

available after a previous 17/24 GHz 

BSS license was cancelled or 

surrendered will be permitted to apply 

for authority to operate a satellite at the 

same power level and interference 

protection as the previous licensee at 

that orbit location, to the extent that 

their proposed operations are consistent 

with the provisions of this part. Such 

applications will be considered 

pursuant to the first-come, first-served 

procedures set forth in § 25.158 of this 

part. 

(d) Any U.S. licensee or permittee 

using a 17/24 GHz BSS space station 

that is located less than four degrees 

away from a prior-authorized 17/24 GHz 

BSS space station that is authorized to 

operate in accordance with paragraph 

(b) of this section: 

(1) may not cause any more 

interference to the adjacent satellite 

network than would be caused if the 

adjacent 17/24 GHz BSS space station 

were located four degrees away from the 

proposed space station; and 

(2) must accept any increased 

interference that results from the 

adjacent space station network 

operating at the offset orbital location 

less than four degrees away. 

(e) Any 17/24 GHz BSS U.S. licensee 

or permittee that is required to provide 

information in its application pursuant 

to §§ 25.140(b)(4)(ii) or (b)(4)(iii) of this 

part must accept any increased 

interference that may result from 

adjacent 17/24 GHz BSS space stations 

that are operating in compliance with 

the rules for this service. 

(f) Any 17/24 GHz BSS U.S. licensee 

or permittee that does not comply with 

the power flux-density limits set forth in 

§ 25.208(w) of this part shall bear the 

burden of coordinating with any future 

co-frequency licensees and permittees of 

a 17/24 GHz BSS network under the 

following circumstances: 

(1) If the operator’s space-to-Earth 

power flux-density levels exceed the 

power flux-density limits set forth in 

§ 25.208(w) of this part by 3 dB or less, 

the operator shall bear the burden of 

coordinating with any future operators 

proposing a 17/24 GHz BSS space 

station in compliance with power fluxdensity limits set forth in § 25.208(w) of 

this part and located within ±6 degrees 

of the operator’s 17/24 GHz BSS space 

station. 

(2) If the operator’s space-to-Earth 

power flux-density levels exceed the 

power flux-density limits set forth in 

§ 25.208(w) of this part by more than 3 

dB, the operator shall bear the burden 

of coordinating with any future 

operators proposing a 17/24 GHz BSS 

space station in compliance with power 

flux-density limits set forth in 

§ 25.208(w) of this part and located 

within ±10 degrees of the operator’s 17/ 

24 GHz BSS space station. 

(3) If no good faith agreement can be 

reached, the operator of the 17/24 GHz 

BSS satellite network that does not 

comply with § 25.208(w) of this part 

shall reduce its space-to-Earth power 

flux-density levels to be compliant with 

those specified in § 25.208(w) of this 

part. 

[FR Doc. E7–20971 Filed 10–23–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 071011590–7610–02] 

RIN 0648–XD38 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of rescission of 

temporary rule and reopening of DAM 

zone to normal fishing operations. 

SUMMARY: The Assistant Administrator 

for Fisheries (AA), NOAA, announces 

the rescission of temporary restrictions 

consistent with the requirements of the 

Atlantic Large Whale Take Reduction 

Plan’s (ALWTRP) implementing 

regulations. These regulations applied 

to lobster trap/pot and anchored gillnet 

fishermen in an area totaling 

approximately 841 nm2 (2,885 km2), 

southeast of Machias, Maine, for 15 

days. The purpose of this action is to 

provide notice that an October 17, 2007 

survey indicated that North Atlantic 

right whales (right whales) are no longer 

present in the Dynamic Area 

Management (DAM) zone; therefore, 

NMFS has rescinded the temporary 

restrictions on lobster trap/pot and 

anchored gillnet fishing gear and 

reopened the DAM zone to normal 

fishing operations. 

DATES: The DAM zone and associated 

gear restrictions are removed effective 

October 19, 2007. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 


yshivers on PROD1PC62 with RULES
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 60281 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; or Kristy 

Long, NMFS, Office of Protected 

Resources, 301–713–2322. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the ALWTRP and the take reduction 

planning process can be downloaded 

from the ALWTRP web site at http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). The ALWTRP, 

implemented through regulations 

codified at 50 CFR 229.32, relies on a 

combination of fishing gear 

modifications and time/area closures to 

reduce the risk of whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15–day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15–day 

period and asking fishermen not to set 

any additional gear in the DAM zone 

during the 15–day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm2 (139 km2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm2 (1.85 km2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 

personnel, whale watch operators and 

naturalists, and mariners trained in 

whale species identification through 

disentanglement training or some other 

training program deemed adequate by 

NMFS. A reliable report would be a 

credible right whale sighting. 

On October 5, 2007, an aerial survey 

reported an aggregation of three right 

whales in the proximity of 44° 15′ N 

latitude and 67° 11′ W longitude. The 

position lies approximately 30nm south 

of Machias, Maine. After conducting an 

investigation, NMFS ascertained that 

the report came from a qualified 

individual and determined that the 

report was reliable. Thus, NMFS had 

received a reliable report from a 

qualified individual of the requisite 

right whale density to trigger the DAM 

provisions of the ALWTRP. 

Once a DAM zone is triggered, NMFS 

determines whether to impose 

restrictions on fishing and/or fishing 

gear in the zone. This determination is 

based on the following factors, 

including but not limited to: the 

location of the DAM zone with respect 

to other fishery closure areas, weather 

conditions as they relate to the safety of 

human life at sea, the type and amount 

of gear already present in the area, and 

a review of recent right whale 

entanglement and mortality data. 

NMFS reviewed the factors and 

management options noted above 

relative to the DAM under 

consideration. As a result of this review, 

NMFS prohibited lobster trap/pot and 

anchored gillnet gear in this area during 

the 15–day restricted period unless it 

was modified in the manner described 

in the temporary rule (72 FR 59035). 

The DAM Zone is bound by the 

following coordinates: 

44° 35′ N., 67° 33′ W (NW Corner) 

44° 35′ N., 67° 01′ W and follow the 

EEZ south to 

43° 56′ N., 67° 22′ W 

43° 56′ N., 67° 41′ W 

44° 32′ N., 67° 41′ W and follow the 

coastline north to 

44° 35′ N., 67° 33′ W (NW Corner) 

The restrictions were to be in effect 

from 0001 hours October 20, 2007, 

through November 3, 2007, unless 

terminated sooner or extended by NMFS 

through another modification in the 

Federal Register. The restrictions were 

announced to state officials, fishermen, 

ALWTRT members, and other interested 

parties through e-mail, phone contact, 

NOAA website, and other appropriate 

media immediately upon issuance of the 

rule by the AA. 

A subsequent survey of the full DAM 

zone occurred on October 17, 2007, and 

indicated that right whales have left the 

designated DAM zone triggered on 

October 5, 2007. Based on this 

information and pursuant to the 

authority found at 50 CFR 

229.32(g)(3)(vi), NMFS has rescinded 

the restrictions on lobster trap/pot and 

anchored gillnet fishing gear that were 

to become effective on October 20, 2007. 

Pursuant to these regulations, lobster 

trap/pot and anchored gillnet fishing 

may continue in the area effective 

October 19, 2007. The rescission of 

restrictions will be announced to state 

officials, fishermen, ALWTRT members, 

and other interested parties through email, phone contact, NOAA website, 

and other appropriate media 

immediately upon issuance of the rule 

by the AA. 

Classification 

In accordance with section 118(f)(9) of 

the MMPA, the Assistant Administrator 

(AA) for Fisheries has determined that 

this action is necessary to implement a 

take reduction plan to protect North 

Atlantic right whales. 

Environmental Assessments for the 

DAM program were prepared on 

December 28, 2001, and August 6, 2003. 

This action falls within the scope of the 

analyses of these EAs, which are 

available from the agency upon request. 

The AA finds that it would be 

impracticable and contrary to the public 

interest to provide prior notice and an 

opportunity for public comment on this 

action. To meet the goals of the DAM 

program, the agency needs to be able to 

reopen a DAM zone and rescind 

restrictions on fishing gear as soon as 

possible once NMFS determines that 

right whales are no longer in the area. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unusual and 

unexpected foraging concentrations of 

right whales. On the other hand, if 

subsequent surveys indicate that the 

animals are no longer foraging in that 

area, the agency needs to be able to 

reopen the DAM zone as soon as 

possible to allow fishing operations to 

resume in that location because right 


yshivers on PROD1PC62 with RULES
60282 Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Rules and Regulations 

whales are no longer at risk in that 

particular DAM zone. If NMFS were to 

provide prior notice and an opportunity 

for public comment upon the reopening 

of a DAM restricted zone, the fishermen 

would continue to endure unnecessarily 

adverse economic impacts because right 

whales the DAM zone was implemented 

to protect had moved on to another 

location, thereby rendering the action 

obsolete. Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to reopen a DAM restricted zone to 

commercial lobster trap/pot and 

anchored gillnet gear. 

For the same reasons, the AA finds 

good cause to waive the 30–day delay in 

effectiveness for action. If NMFS were to 

delay for 30 days the effective date of 

this action, the anchored gillnet and 

lobster trap/pot fishermen affected by 

the DAM zone would be required to 

comply with restrictions even though 

subsequent surveys of the area indicated 

that right whales have moved to another 

location, thereby rendering the action 

obsolete and unnecessary for reducing 

the risk of entanglement of endangered 

right whales in that area. NMFS 

recognizes the need for fishermen to 

resume normal fishing operations in a 

DAM zone once subsequent surveys or 

other credible evidence incidates that 

right whales have left the vicinity. Thus, 

NMFS makes this action effective on the 

date of filing of this notice in the 

Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means as 

soon as possible. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of the approved 

coastal management program of the U.S. 

Atlantic coastal states. This 

determination was submitted for review 

by the responsible state agencies under 

section 307 of the Coastal Zone 

Management Act. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: October 18, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries service. 

[FR Doc. 07–5247 Filed 10–19–07; 2:20 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 040112010–4114–02] 

RIN 0648–XD40 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

(NE) Multispecies Fishery; Opening of 

the Eastern U.S./Canada Area and Trip 

Limit Change 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reopening and 

trip limit change. 

SUMMARY: NMFS announces a temporary 

reopening of the Eastern U.S./Canada 

Area, including the Eastern U.S./Canada 

Haddock Special Access Program (SAP), 

to limited access NE multispecies daysat-sea (DAS) vessels through November 

30, 2007. This action also implements a 

1,000–lb (454–kg) trip limit for Georges 

Bank (GB) cod for all limited access NE 

multispecies DAS vessels fishing in the 

Eastern U.S./Canada Area. This action is 

being taken to allow NE multispecies 

DAS vessels increased access to the 

substantial Eastern U.S./Canada Area 

GB haddock total allowable catch 

(TAC), and provide increased 

opportunities to achieve optimum yield 

in the groundfish fishery. The intended 

effect is to maximize the utility of the 

remaining GB cod TAC by opening the 

Eastern U.S./Canada Area when the 

relative abundance of GB haddock in 

relation to GB cod is highest. 

DATES: The temporary reopening of the 

Eastern U.S./Canada Area, including the 

Eastern U.S./Canada Haddock SAP, to 

all limited access NE multispecies DAS 

vessels and the 1,000–lb (454–kg) GB 

cod trip limit for the Eastern U.S./ 

Canada Area is effective 0001 hr 

October 20, 2007, through 2400 hr local 

time, November 30, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, (978) 281–9145, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: 

Regulations governing fishing activity in 

the U.S./Canada Management Area are 

found at § 648.85. These regulations 

authorize vessels issued a valid limited 

access NE multispecies permit and 

fishing under a NE multispecies DAS to 

fish in the Eastern U.S./Canada Area 

under specific conditions. The GB cod 

TAC for the 2007 fishing year (FY) was 

specified at 494 mt on May 7, 2007 (72 

FR 25709). The regulations at 

§ 648.85(a)(3)(iv)(D) authorize the 

Regional Administrator to modify the 

gear requirements, modify or close 

access, modify the trip limits, or modify 

the total number of trips into the U.S./ 

Canada Management Area, for all 

limited access NE multispecies DAS 

vessels to prevent over-harvesting or to 

facilitate achieving the U.S./Canada 

Management Area TACs. 

On June 20, 2007, NMFS temporarily 

closed the Eastern U.S./Canada Area to 

all NE multispecies DAS vessels 

because of the substantial increase of 

fishing activity in the Eastern U.S./ 

Canada Area beginning June 1, 2007, 

and the small GB cod TAC. The 

temporary closure was necessary in 

order to prevent the closure of the 

Eastern U.S./Canada Area through the 

end of FY 2007, on April 30, 2007. A 

closure for the remainder of FY 2007 

would have limited access to the 

available Eastern U.S./Canada Area GB 

haddock TAC. 

Particularly concerning at the time of 

the temporary closure was the high 

proportion of GB cod being discarded by 

vessels targeting GB haddock and GB 

yellowtail flounder. Observer data 

showed that discards of GB cod 

exceeded the amount of GB cod kept, 

with a discard to kept ratio for GB cod 

of approximately 2:1. When the Eastern 

U.S./Canada Area closed on June 20, 

2007, a total of 70.1 percent of the GB 

cod TAC had been harvested, leaving 


yshivers on PROD1PC62 with RULES