16498 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

satisfy the ‘‘not to be used for primarily

commercial purposes’’ test.

Suitability of Facilities and Care

Under CITES, the Service must be

‘‘satisfied that the proposed recipient of

a living specimen (to be imported) is

suitably equipped to house and care for

it’’. Under the regulations implementing

the Act, the Service must determine that

the applicant has ‘‘* * *the expertise,

facilities, or other resources* * *to

successfully accomplish the

objectives* * *’’ To aid in satisfying

these requirements, applicants must

provide the following information in

addition to the information required in

50 CFR 17.22:

• Copies of protocols for monitoring

general health and behavior. In lieu of

new protocols, an applicant may submit

copies of protocols recommended by a

coordinated international panda

conservation effort.

• Diagrams and photographs clearly

depicting all enclosures where the

panda may be housed, including any

off-exhibit areas and panda holding

area(s) in relation to other facilities,

including roads adjacent to such areas.

• Information to demonstrate the

applicant has consulted with at least

two other facilities that have

successfully held pandas in recent

years, that the applicant has facility

features that address the National

Zoological Park’s recommended

measures for giant panda care and

facilities, and that zoo staff, especially

keepers and veterinarians, have had

proper training and experience to care

for pandas.

• Approval of facilities by the

Chinese or appropriate authority in the

lending country, if such a stipulation

has been made in a contractual

agreement. If approval has not been

given prior to applying for the permit,

there must be a statement from the

applicant certifying that the agreement

stipulation will be satisfied before

animals are imported.

Transfer of Pandas to Other Entities

Within the United States

Applicants proposing to import giant

pandas and subsequently transfer them

to another entity within the United

States should indicate this in the initial

import application. The proposed

recipient of the panda will need to

apply for and receive an interstate

commerce permit under the Act prior to

the transfer since the pandas are being

held under a loan (e.g., lease-hold

agreement) from China or other lending

entity. The proposed recipient of the

panda needs to provide all the

information required by the Act, its

regulations, and this policy. The Service

will facilitate, to the extent possible, the

transfer of animals within the United

States when part of a coordinated

breeding program. If the receiving

institution has a panda permit on file

with the Service, it can reference the

permit number and information in this

file, and provide any new information

for the Service to review in

consideration of an interstate commerce

permit. These applications will be

published in the Federal Register, and

so the applicant will need to allow at

least 90 days for processing. Such

transfers must also have the prior

approval of China or the entity that

owns the animals. The number of times

an individual panda is transferred

within the United States will be closely

monitored to protect the overall health

and well-being of the animal.

Response to the CITES Secretariat’s

Views on Giant Panda Loans

The Service notes with approval the

recommendation of the Secretariat that

no exemptions be granted to the

requirements of Article III of the

Convention for the shipment of giant

pandas, even for animals that might

otherwise qualify for an exemption as

‘‘pre-Convention’’ animals under Article

VII. However, the Service does not have

authority under U.S. law to refuse to

accept a valid pre-Convention

certificate. If the Management Authority

of the country of origin or of the country

of re-export does not issue a preConvention certification, the Service

will require a U.S. import permit and

export permit or re-export certificate, as

appropriate, from the exporting or reexporting country in accordance with

Article III of the Convention. In

addition, even if a valid pre-Convention

certificate is issued by the exporting

country, an import permit would be

required under the Act for all panda

loans (and an export permit, if the

pandas are to leave the United States),

even for pandas acquired prior to

January 23, 1984 (the date of the final

Federal Register notice listing the giant

panda under the Act), as the pre-Act

exemption (Section 9(b)(1) of the Act)

does not apply to animals that are

subsequently held in the course of a

commercial activity (e.g., lease-hold

agreement).

The Service will also continue its

policy of approving applications only if

it is sure that the proposed loan did not,

or will not, contribute to removal of

pandas from the wild, and that the noncommercial purposes for the proposed

loan predominate.

This notice was prepared under the

authority of the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et

seq.).

Dated: February 21, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–7851 Filed 3–29–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

Letters of Authorization to Take Marine

Mammals

AGENCY: Notice of issuance of Letters of

Authorization to take marine mammals

incidental to oil and gas industry

activities.

SUMMARY: In accordance with Section

101(a)(5) of the Marine Mammal

Protection Act of 1972, as amended, and

the U.S. Fish and Wildlife Service

implementing regulations (50 CFR

18.27), notice is hereby given that

Letters of Authorization to take polar

bears and Pacific walrus incidental to

oil and gas industry exploration

activities have been issued to the

following companies:

Company Activity Date issued

Western Geophysical .......... Exploration ....................................................................... Jan. 3, 1995.

Schlumberger Geco—

Prakla.

Exploration ....................................................................... Jan. 3, 1995.

ARCO Alaska, Inc. .............. Exploration ....................................................................... Feb. 1, 1995.

BP Exploration (Alaska) Inc., (BPX)

and ARCO Alaska, Inc., (ARCO) were reissued reoccurring Letters of

Authorization to incidentially take polar

bears and walrus during development

and production activities based upon

receipt of an annual monitoring report.

BPX is authorized to incidentally take

polar bear and walrus in the Prudhoe
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16499

Bay, Endicott and Milne Units. ARCO is

authorized to incidentially take polar

bear and walrus in the Kuparuk River

Oilfield. Monitoring reports have been

received and are on file at the Marine

Mammals Management Office.

FOR FURTHER INFORMATION CONTACT: Mr.

David McGillivary or Mr. John W.

Bridges at the U.S. Fish and Wildlife

Service, Marine Mammal Management

Office, 1011 East Tudor Road,

Anchorage, Alaska 99503, (800) 362–

5148 or (907) 786–3810.

SUPPLEMENTARY INFORMATION: All Letters

of Authorization were issued in

accordance with U.S. Fish and Wildlife

Service Federal Rules and Regulations

‘‘Marine Mammals; Incidental Take

During Specified Activities’’ (58 FR

60402; November 16, 1993).

Dated: March 16, 1995.

Rowan W. Gould,

Acting Regional Director.

[FR Doc. 95–7807 Filed 3–29–95; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

(AZ-050–05–1230–00; AZA 23275)

Arizona; Recreation Area Closure

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice of closure.

SUMMARY: Notice is hereby given that

the Bureau of Land Management is

closing an area, until further notice, of

public land known as the Paradise Cove

Boat Ramp Recreation Area, or Joe

Henry Boat Ramp, located on the

Colorado River in Yuma County,

Arizona. The area affected by this

closure contains 35 acres, more or less.

San Bernardino Meridian, Arizona

T. 16 S., R. 22 E.,

Sec. 28, lots 2, 5, and 6, portion of S1⁄2S1⁄2.

EFFECTIVE DATE: Upon first printing in

Federal Register.

FOR FURTHER INFORMATION CONTACT: Ed

Perault, Supervisory Outdoor Recreation

Planner, Yuma Resource Area, 3150

Winsor Avenue, Yuma, Arizona 85365,

(602) 726–6300.

SUPPLEMENTARY INFORMATION: The

closure is in response to concerns of

public health and safety, excessive

illegal dumping, and uncontrollable

resource degradation. Future public

access at Paradise Cove Boat Ramp

Recreation Area will be considered in

comprehensive planning efforts at a

later date. Violations to this closure are

punishable by a fine not to exceed

$100,000 and/or imprisonment not to

exceed 12 months.

Dated: March 24, 1995.

Maureen A. Merrell,

Assistant District Manager, Administration/

Acting District Manager.

[FR Doc. 95–7810 Filed 3–29–95; 8:45 am]

BILLING CODE 4310–32–P

[USFS, R–6, 595053; GP5–089; OR–51080]

Order Providing for Opening of Land;

Oregon

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice.

SUMMARY: This action will open 106.70

acres of Federal land within the

Winema National Forest to surface

entry, mining, mineral leasing and

geothermal, subject to the laws, rules,

and regulations applicable to National

Forest System lands. The land has been

eliminated from a Forest Service

exchange proposal.

EFFECTIVE DATE: April 28, 1995.

FOR FURTHER INFORMATION CONTACT:

Pamela Chappel, BLM Oregon/

Washington State Office, P.O. Box 2965,

Portland, Oregon 97208, 503–952–6170.

SUPPLEMENTARY INFORMATION: Notice is

hereby given that pursuant to the

General Exchange Act of March 20,

1922, (16 U.S.C. 485, 486), the Federal

Land Policy and Management Act of

1976, (43 U.S.C. 1716), and the Federal

Land Exchange Facilitation Act of

August 20, 1988, (43 U.S.C. 751), the

following described Federal land has

been eliminated from the initial

exchange proposal between the Winema

National Forest, 2819 Dahlia Street,

Klamath Falls, Oregon 97601–7119, and

the G Bar W Land & Cattle Company,

Medford, Oregon:

Willamette Meridian

T. 38 S., R. 5 E.,

Sec. 11, lots 3 and 4, NW1⁄4SW1⁄4, and

E1⁄2SW1⁄4SW1⁄4.

The area described contains 106.70 acres in

Klamath County.

At 8:30 a.m., on April 28, 1995, the

land will be opened to operation of the

public land laws generally, subject to

valid existing rights, the provisions of

existing withdrawals, and the

requirements of applicable law. All

valid existing applications received at or

prior to 8:30 a.m., on April 28, 1995,

will be considered as simultaneously

filed at that time. Those received

thereafter will be considered in the

order of filing.

At 8:30 a.m., on April 28, 1995, the

land will be opened to location and

entry under the United States mining

laws. Appropriation under the general

mining laws prior to the date and time

of restoration is unauthorized. Any such

attempted appropriation, including

attempted adverse possession under 30

U.S.C. 38, shall vest no rights against

the United States. Acts required to

establish a location and to initiate a

right of possession are governed by State

law where not in conflict with Federal

law. The Bureau of Land Management

will not intervene in disputes between

rival locators over possessory rights

since Congress has provided for such

determinations in local courts.

At 8:30 a.m., on April 28, 1995, the

land will be opened to applications and

offers under the mineral leasing laws

and the Geothermal Steam Act.

Dated: March 15, 1995.

Robert D. DeViney, Jr.,

Acting Chief, Branch of Realty and Records

Services.

[FR Doc. 95–7758 Filed 3–29–95; 8:45 am]

BILLING CODE 4310–33–P

[CA–010–05–1430–01: CA–35288]

Notice of Realty Action; Land Use

Lease of Public Lands, Amador

County, California

AGENCY: Dept. of the Interior, Bureau of

Land Management.

REALTY ACTION: Land Use Lease, Amador

County, CA 35288.

SUMMARY: The following described

public land is being considered for a

non-competitive, 20-year, residential,

land use lease pursuant to Section 302

of the Federal Land Policy and

Management Act of October 21, 1976

(43 U.S.C. 1713):

Amador County, California

T. 6N., R. 12E., M.D.M.

Sec. 9: Portion of lot 35.

Comprising .011 acre, more or less.

The above parcel of public land

would be leased to Roy and Karen

Rhoades to resolve a trespass situation.

The lease would be issued for a term of

20 years. The land will be leased at fair

market value.

The parcel would be subject to any

prior existing rights. The lease area will

include only that area of public land

which is occupied by a portion of the

lessees’ residence. The occupancy to be

authorized by the proposed land use

lease was formerly authorized by Small

Tract Lease Sac 055095, issued in 1965.

The proposal is consistent with the

Bureau’s land use plans that support the

settlement of trespass by lease when an

undue hardship case is present.