40986 Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 

National Environmental Policy Act 

(NEPA): The FWS has determined that 

this direct final rule is categorically 

excluded from further NEPA review as 

provided by 516 DM 2, Appendix 1.9, 

of the Department of the Interior 

National Environmental Policy Act 

Revised Implementing Procedures (69 

FR 10866, March 8, 2004). No further 

documentation will be made. 

Government-to-Government 

Relationship with Tribes: Under the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated possible 

effects on federally recognized Indian 

Tribes and have determined that there 

are no effects. Individual tribal members 

must meet the same regulatory 

requirements as other individuals who 

trade internationally in CITES species. 

Energy Supply, Distribution or Use: 

On May 18, 2001, the President issued 

Executive Order 13211 on regulations 

that significantly affect energy supply, 

distribution, and use. This rule revises 

the current regulations in 50 CFR part 

23 that implement CITES. The 

regulations provide procedures to assist 

individuals and businesses that import, 

export, and re-export CITES wildlife 

and plants, and their parts, products, 

and derivatives, to meet international 

requirements. This rule will not 

significantly affect energy supplies, 

distribution, and use. Therefore, this 

action is a not a significant energy 

action and no Statement of Energy 

Effects is required. 

Clarity of this regulation: We are 

required by Executive Orders 12866 and 

12988 and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

rule, your comments should be as 

specific as possible. For example, you 

should tell us the numbers of the 

sections or paragraphs that are unclearly 

written, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Comments 

We are seeking comments on whether 

the provisions in this direct final rule 

allow the affected public to effectively 

comply with CITES. You may submit 

your comments and materials 

concerning this rule by one of the 

methods listed in the ADDRESSES

section. We will not accept comments 

sent by e-mail or fax or to an address not 

listed in the ADDRESSES section. 

We will post your entire comment—

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information in your 

written comments you may request at 

the top of your document that we 

withhold this information from public 

review. However, we cannot guarantee 

that we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this direct final rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 

hours, at the U.S. Fish and Wildlife 

Service; Division of Management 

Authority; 4401 N. Fairfax Drive, Suite 

212; Arlington, VA 22203; telephone, 

(703) 358–2093. 

List of Subjects in 50 CFR Part 23 

Animals, Endangered and threatened 

species, Exports, Fish, Foreign officials, 

Foreign trade, Imports, Reporting and 

recordkeeping requirements, 

Transportation, Treaties, Wildlife. 

Regulation Promulgation 

For the reasons given in the preamble, 

we amend title 50, chapter I, subchapter 

B of the CFR as follows: 

PART 23—[AMENDED] 

■ 1. The authority citation for part 23 

continues to read as follows: 

Authority: Convention on International 

Trade in Endangered Species of Wild Fauna 

and Flora (March 3, 1973), 27 U.S.T. 1087; 

and Endangered Species Act of 1973, as 

amended, 16 U.S.C. 1531 et seq. 

§ 23.15 [Amended] 

■ 2. Amend § 23.15(c)(3)(i), the first 

entry in the table, by removing the 

words ‘‘250 gm’’ in the Quantity column 

and by adding in their place the words 

‘‘125 gm.’’

■ 3. Amend § 23.71(d) by removing 

paragraph (d)(4) and revising paragraphs 

(d)(1), (d)(2), and (d)(3) to read as 

follows: 

§ 23.71 How can I trade internationally in 

sturgeon caviar? 

* * * * * 

(d) * * * 

(1) The relevant countries have 

established annual export quotas for the 

shared stocks that were derived from 

catch quotas agreed among the 

countries. The quotas are based on an 

appropriate regional conservation 

strategy and monitoring regime and are 

not detrimental to the survival of the 

species in the wild. 

(2) The quotas have been 

communicated to the CITES Secretariat 

and the Secretariat has communicated 

the annual export quotas to CITES 

Parties. 

(3) The caviar is exported during the 

quota year (March 1 – last day of 

February) in which it was harvested and 

processed. 

* * * * * 

Dated: June 5, 2008 

David M. Verhey 

Acting Assistant Secretary for Fish and 

Wildlife and Parks 

[FR Doc. E8–16195 Filed 7–16–08; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070717340–8451–02] 

RIN 0648–XJ06 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Closure of the 

Trimester II Fishery for Loligo Squid 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

directed fishery for Loligo squid in the 

Exclusive Economic Zone (EEZ) will be 

closed effective 0001 hours, July 17, 

2008. Vessels issued a Federal permit to 

harvest Loligo squid may not retain or 

land more than 2,500 lb (1,134 kg) of 

Loligo squid per trip for the remainder 

of the trimester (through August 31, 

2008). This action is necessary to 

prevent the fishery from exceeding its 

Trimester II quota and to allow for 

effective management of this stock. 

DATES: Effective 0001 hours, July 17, 

2008, through 2400 hours, August 31, 

2008. 

FOR FURTHER INFORMATION CONTACT: Don 

Frei, Fishery Management Specialist, 

978–281–9221, Fax 978–281–9135. 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 138 / Thursday, July 17, 2008 / Rules and Regulations 40987 

SUPPLEMENTARY INFORMATION: 

Regulations governing the Loligo squid 

fishery are found at 50 CFR part 648. 

The regulations require specifications 

for maximum sustainable yield, initial 

optimum yield, allowable biological 

catch, domestic annual harvest (DAH), 

domestic annual processing, joint 

venture processing, and total allowable 

levels of foreign fishing for the species 

managed under the Atlantic Mackerel, 

Squid, and Butterfish Fishery 

Management Plan. The procedures for 

setting the annual initial specifications 

are described in § 648.21. 

The 2008 specification of DAH for 

Loligo squid was set at 16,977 mt (73 FR 

18443, April 4, 2008). This amount is 

allocated by trimester, as shown below. 

TABLE 1. Loligo SQUID TRIMESTER

ALLOCATIONS. 

Quarter Percent 

Metric 

Tons 1

Research 

Set-aside 

(mt) 

I (Jan–Apr) 43 7,300 N/A 

II (May–Aug) 17 2,886 N/A 

III (Sep–Dec) 40. 6,791 N/A 

TABLE 1. Loligo SQUID TRIMESTER

ALLOCATIONS.—Continued 

Quarter Percent 

Metric 

Tons 1

Research 

Set-aside 

(mt) 

Total 100 16,997 23 

1Trimester allocations after 23–mt research 

set-aside deduction. 

Section 648.22 requires NMFS to 

close the directed Loligo squid fishery in 

the EEZ when 90 percent of the 

trimester allocation is harvested in 

Trimesters I and II, and when 95 percent 

of the total annual DAH has been 

harvested in Trimester III. NMFS is 

further required to notify, in advance of 

the closure, the Executive Directors of 

the Mid-Atlantic, New England, and 

South Atlantic Fishery Management 

Councils; mail notification of the 

closure to all holders of Loligo squid 

permits at least 72 hR before the 

effective date of the closure; provide 

adequate notice of the closure to 

recreational participants in the fishery; 

and publish notification of the closure 

in the Federal Register. The 

Administrator, Northeast Region, 

NMFS, based on dealer reports and 

other available information, has 

determined that 90 percent of the DAH 

for Loligo squid in Trimester II will be 

harvested. Therefore, effective 0001 

hours, July 17, 2008, the directed fishery 

for Loligo squid is closed and vessels 

issued Federal permits for Loligo squid 

may not retain or land more than 2,500 

lb (1,134 kg) of Loligo during a calendar 

day. The directed fishery will reopen 

effective 0001 hours, September 1, 2008, 

when the Trimester III quota becomes 

available. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

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

Dated: July 11, 2008. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 08–1440 Filed 7–14–08; 2:00 pm] 

BILLING CODE 3510–22–S 


rwilkins on PROD1PC63 with RULES