6966 Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations 

2008. See 2004 TRS Report and Order, 

19 FCC Rcd at 12594; see also 2004 TRS 

Report and Order at 12520–21, 

paragraph 111 (detailing required 

contents of annual report)). 

The Commission recognizes that 

depending on how IP CTS is offered, 

providers may be able to offer some of 

the features and services noted above. 

The Commission encourages all IP CTS 

providers to offer consumers as many of 

these features as possible if it is 

technically feasible to do so, and expect 

that competition between providers will 

serve as an incentive for providers to do 

so. (See also CAC TRS Working Group 

Recommendation at 3 (setting forth 

possible features of this service)). The 

Commission also again emphasizes that 

providers must offer service in 

compliance with all applicable nonwaived mandatory minimum standards 

to be compensated from the Fund. 

Congressional Review Act 

The Commission will not send a copy 

of the Declaratory Ruling pursuant to 

the Congressional Review Act, see 5 

U.S.C. 801(a)(1)(A) because the adopted 

rules are rules of particular 

applicability, granting a request for 

clarification that IP CTS is a type of TRS 

eligible for compensation from the 

Fund. 

Ordering Clauses 

Pursuant to the authority contained in 

Sections 1, 2, 4(i), 4(j), 218 and 225 of 

the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 218 and 225, and Sections 1.2, 

1.3, 64.604 and 64.605 of the 

Commission’s rules, 47 CFR 1.2, 1.3, 

64.604 and 64.605, the Declaratory 

Ruling hereby is adopted. 

Petition to Amend filed by Petitioners 

is granted to the extent indicated herein. 

Ultratec Petition to Clarify is granted 

to the extent indicated herein. 

The Declaratory Ruling shall be 

effective April 16, 2007. 

The Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center shall send a copy of 

the Declaratory Ruling, including the 

Regulatory Flexibility Certification, to 

the Chief Counsel for Advocacy of the 

U.S. Small Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–2573 Filed 2–13–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 013107D] 

Atlantic Highly Migratory Species; 

Small Coastal Shark Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Regional fishery closure. 

SUMMARY: NMFS is closing the 

commercial fishery for small coastal 

sharks conducted by persons aboard 

vessels issued a Federal Atlantic shark 

permit in the Gulf of Mexico region. 

This action is necessary because the 

quota for the first 2007 fishing season in 

the Gulf of Mexico season has likely 

been exceeded. The commercial small 

coastal shark fisheries in the South 

Atlantic and North Atlantic regions are 

allocated separate quotas and will 

remain open until further notice. 

DATES: The commercial small coastal 

shark fishery in the Gulf of Mexico 

region is closed effective from 11:30 

p.m. local time February 23, 2007 to 

May 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Karyl Brewster-Geisz, 301–713–2347; 

fax 301–713–1917. 

SUPPLEMENTARY INFORMATION: The 

Atlantic shark fisheries are managed 

under the Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP) and its 

implementing regulations found at 50 

CFR part 635 issued under authority of 

the Magnuson-Stevens Fishery 

Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

On December 14, 2006 (71 FR 75122), 

NMFS announced that the small coastal 

shark quota for the first fishing season 

of the 2007 fishing year in the Gulf of 

Mexico region would be 15.1 metric 

tons (mt) dressed weight (dw) (33,289 lb 

dw). As of January 26, 2007, preliminary 

reports from dealers indicate that 

approximately 6.6 mt dw (14,500 lb dw) 

were reported landed in the Gulf of 

Mexico region during the first fishing 

season of 2007. Under 50 CFR 

635.5(b)(1), shark dealers are required to 

report every two weeks. Fish received 

by dealers between the 1st and 15th of 

any month are required to be reported 

by the 26th of that month. Fish received 

by dealers between the 16th and the end 

of any month are required to be reported 

by the 10th of the following month. As 

such, these preliminary reports indicate 

that in the first reporting period of the 

fishing season approximately 43.7 

percent of the available quota was taken. 

Assuming the same catch rates 

continued for the second reporting 

period in January and will continue for 

the first reporting period in February, 

NMFS estimates that approximately 131 

percent of the available quota (19.8 mt 

dw) could be taken by the close of the 

first reporting period in February 

(February 15, 2007). NMFS will not 

have estimates of actual landings 

through the first reporting period in 

February until February 26, 2007. 

Under 50 CFR 635.28(b)(2), when the 

fishing season quota for small coastal 

sharks is reached for a particular region, 

NMFS will file for publication a notice 

of closure at least 14 days before the 

effective date. Accordingly, NMFS is 

closing the commercial small coastal 

shark fishery in the Gulf of Mexico 

region as of 11:30 p.m. local time 

February 23, 2007. During the closure, 

retention of small coastal sharks in the 

Gulf of Mexico region is prohibited for 

persons fishing aboard vessels issued a 

commercial shark limited access permit 

under 50 CFR 635.4, unless the vessel 

is permitted to operate as a charter 

vessel or headboat for HMS and is 

engaged in a for-hire trip, in which case 

the recreational retention limits for 

sharks and no sale provisions may apply 

(50 CFR 635.22(a) and (c)). The sale, 

purchase, trade, or barter or attempted 

sale, purchase, trade, or barter of 

carcasses and/or fins of small coastal 

sharks harvested by a person aboard a 

vessel in the Gulf of Mexico region that 

has been issued a commercial shark 

limited access permit under 50 CFR 

635.4, is prohibited, except for those 

that were harvested, offloaded, and sold, 

traded, or bartered prior to the closure, 

and were held in storage by a dealer or 

processor. 

This closure does not affect the 

commercial small coastal shark fisheries 

in the South Atlantic or North Atlantic 

regions which remain open until further 

notice. In addition, the commercial 

pelagic shark fishery remains open until 

further notice. The large coastal shark 

fishery in the North Atlantic is currently 

open, and as was announced on 

December 14, 2006 (71 FR 75122), will 

close on April 30, 2007. As announced 

in that notice, the large coastal shark 

fishery in the South Atlantic and Gulf 

of Mexico regions is already closed. The 

recreational shark fishery is not affected 

by this closure. 

Classification 

Pursuant to 5 U.S.C. 553 (b)(B), the 

Assistant Administrator for Fisheries, 


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Federal Register / Vol. 72, No. 30 / Wednesday, February 14, 2007 / Rules and Regulations 6967 

NOAA (AA), finds that providing for 

prior notice and public comment for 

this action is impracticable and contrary 

to the public interest. Based on recent 

landings reports, it is likely that the 

available quota for SCS in the Gulf of 

Mexico region will be exceeded in early 

February. Thus, affording prior notice 

and opportunity for public comment on 

this action is impracticable because the 

fishery is currently underway, and any 

delay in this action would cause further 

overharvest of the quota and be 

inconsistent with management 

requirements and objectives. Similarly, 

affording prior notice and opportunity 

for public comment on this action is 

contrary to the public interest because if 

the quota is exceeded, the effected 

public is likely to experience reductions 

in the available quota and a lack of 

fishing opportunities in future seasons. 

Thus, for these reasons, the AA also 

finds good cause to waive the 30-day 

delay in effective date pursuant to 5 

U.S.C. 553 (d)(3). This action is required 

under 50 CFR 635.28(b)(2) and is 

exempt from review under Executive 

Order 12866. 

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

Dated: February 8, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–680 Filed 2–9–07; 2:12 pm] 

BILLING CODE 3510–22–S 


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