        DEPARTMENT OF HOMELAND SECURITY
        Federal Emergency Management Agency
        44 CFR Part 67
        [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-7748]
        Proposed Flood Elevation Determinations

          AGENCY:
          Federal Emergency Management Agency, DHS.

          ACTION:
          Proposed rule; correction.

          SUMMARY:
          On December 6, 2007, FEMA published in the Federal Register a proposed rule that contained an erroneous table. This document provides corrections to that table, to be used in lieu of the information published December 6, 2007. The table provided in this document represents the flooding sources, location of referenced elevations, effective and modified elevations, and communities affected for Pierce County, Washington, and Incorporated Areas. Specifically, it addresses the following flooding sources: Artondale Creek (main stem), Artondale Creek—East Branch, Artondale Creek—West Branch, Canyon Creek, Carbon River (left overbank areas, without consideration of left levees), Carbon River Overflow, Clarks Creek, Clear Creek, Clover Creek, Clover Creek (overflow at 134th Street South), Clover Creek (overflow at designated parkland), Clover Creek (overflow at golf course), Clover Creek (overflow near Lakewood Town Center), Crescent Creek, Crescent Lake, Diru Creek, Diru Creek (104th Street East overflow), Diru Creek (96th Street East overflow), East Fork Clear Creek, East Fork Clear Creek (west stem), Fennel Creek, Gig Harbor, Lacamas Creek, Mashel River, Meeker Ditch, Morey Creek, North Fork Clover Creek, North Fork Clover Creek Tributary #1, North Fork Clover Creek Tributary #2, North Fork Clover Creek Tributary #4, North Fork Clover Creek Tributary #5, Puyallup River (overflow through golf course between State Route 162 and Puyallup River), Puyallup River (overflow through golf course to Hylebos Waterway), Puyallup River (overflows to Blair Waterway via numerous flow paths), Puyallup River (with consideration of levees), Puyallup River (without consideration of left levee), Puyallup River (without consideration of right levee), Rody Creek, South Prairie Creek, Spanaway Creek, Swan Creek, Wapato Creek I, Wapato Creek II, West Fork Canyon Creek, White River, Woodland Creek, Woodland Creek (80th Street East overflow), and Woodland Creek (96th Street East overflow).

          DATES:
          Comments are to be submitted on or before July 16, 2012.

          ADDRESSES:

          You may submit comments, identified by Docket No. FEMA-B-7748, to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or (email) Luis.Rodriguez3@fema.dhs.gov.

          FOR FURTHER INFORMATION CONTACT:

          Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4064 or (email) Luis.Rodriguez3@fema.dhs.gov.

        SUPPLEMENTARY INFORMATION:
        The Federal Emergency Management Agency (FEMA) publishes proposed determinations of Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs for communities participating in the National Flood Insurance Program (NFIP), in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

        These proposed BFEs and modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are minimum requirements. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own or pursuant to policies established by other Federal, State, or regional entities. These proposed elevations are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings.
        Corrections

        In the proposed rule published at 72 FR 68784, in the December 6, 2007, issue of the Federal Register, FEMA published a table under the authority of 44 CFR 67.4. The table, entitled “Pierce County, Washington, and Incorporated Areas,” addressed the following flooding sources: Artondale Creek (main stem), Artondale Creek—East Branch, Artondale Creek—West Branch, Canyon Creek, Carbon River, Clarks Creek, Clarks Creek—Meeker Ditch, Clover Creek, Crescent Creek, Fennel Creek, Lacamas Creek, Mashel River, Morey Creek, Muck Creek, North Fork Clover Creek, North Fork Clover Creek Tributary #1, North Fork Clover Creek Tributary #2, North Fork Clover Creek Tributary #4, North Fork Clover Creek Tributary #5, Puyallup River, South Prairie Creek, Spanaway Creek, Swan Creek, Wapato Creek I, Wapato Creek II, and White River. That table contained inaccurate information as to the location of referenced elevation, effective and modified elevation in feet, and/or communities affected for the following flooding sources: Artondale Creek (main stem), Artondale Creek—East Branch, Artondale Creek—West Branch, Canyon Creek, Carbon River, Clarks Creek, Clarks Creek—Meeker Ditch, Clover Creek, Crescent Creek, Fennel Creek, Lacamas Creek, Mashel River, Morey Creek, North Fork Clover Creek, North Fork Clover Creek Tributary #1, North Fork Clover Creek Tributary #2, North Fork Clover Creek Tributary #4, North Fork Clover Creek Tributary #5, Puyallup River, South Prairie Creek, Spanaway Creek, Swan Creek, Wapato Creek I, Wapato Creek II, and White River. It also should not have included the flooding source Muck Creek. In addition, it did not include the following flooding sources: Carbon River (left overbank areas, without consideration of left levees), Carbon River Overflow, Clear Creek, Clover Creek (overflow at 134th Street South), Clover Creek (overflow at designated parkland), Clover Creek (overflow at golf course), Clover Creek (overflow near Lakewood Town Center), Crescent Lake, Diru Creek, Diru Creek (104th Street East overflow), Diru Creek (96th Street East overflow), East Fork Clear Creek, East Fork Clear Creek (west stem), Gig Harbor, Meeker Ditch, Puyallup River (overflow through golf course between State Route 162 and Puyallup River), Puyallup River (overflow through golf course to Hylebos Waterway), Puyallup River (overflows to Blair Waterway via numerous flow paths), Puyallup River (with consideration of levees), Puyallup River (without consideration of left levee), Puyallup River (without consideration of right levee), Rody Creek, West Fork Canyon Creek, Woodland Creek, Woodland Creek (80th Street East overflow), and Woodland Creek (96th Street East overflow). Specifically, the information published in the December 6, 2007, Federal Register proposed rule for the Carbon River has been refined and divided into individual descriptions for Carbon River (left overbank areas, without consideration of left levees) and Carbon River Overflow; the information published in the December 6, 2007, Federal Register proposed rule for the Puyallup River has been refined and divided into individual descriptions for Puyallup River (overflow through golf course between State Route 162 and Puyallup River), Puyallup River (overflow through golf course to Hylebos Waterway), Puyallup River (overflows to Blair Waterway via numerous flow paths), Puyallup River (with consideration of levees), Puyallup River (without consideration of left levee), and Puyallup River (without consideration of right levee); and the information published in the December 6, 2007, Federal Register proposed rule for Clarks Creek and Clarks Creek—Meeker Ditch has been refined and divided into individual descriptions for Clarks Creek and Meeker Ditch. These individual descriptions provide a more detailed representation of changes than originally described for the flooding sources Carbon River, Clarks Creek, Meeker Ditch, and Puyallup River in the December 6, 2007, Federal Register proposed rule. In this document, FEMA is publishing a table containing the accurate information, to address these prior errors. The information provided below should be used in lieu of that previously published for Pierce County.

            Flooding source(s)
            Location of referenced elevation **
            * Elevation in feet (NGVD)
              + Elevation in feet
              (NAVD)
              # Depth in feet
              above ground
              ⁁ Elevation in meters (MSL)

            Effective
            Modified
            Communities affected

              Pierce County, Washington, and Incorporated Areas

            Artondale Creek (main stem)
            Approximately 100 feet upstream of the Wollochet Drive culvert
            None
            +13
            City of Fife, Unincorporated Areas of Pierce County.

            Approximately 200 feet downstream of the Artondale Creek—East Branch and Artondale Creek—West Branch confluences
            None
            +39

            Artondale Creek—East Branch
            Approximately 320 feet upstream of the Artondale Creek (main stem) and Artondale Creek—West Branch confluences
            None
            +40
            Unincorporated Areas of Pierce County.

            Approximately 80 feet downstream of Hunt Street Northwest
            None
            +152

            Artondale Creek—West Branch
            At the Artondale Creek—East Branch and Artondale Creek (main stem) confluences
            None
            +39
            Unincorporated Areas of Pierce County.

            Approximately in line with 56th Street Northwest extended, between 78th Avenue Northwest and 72nd Avenue Northwest
            None
            +49

            Canyon Creek
            Approximately 130 feet upstream of 72nd Street
            None
            +279
            Unincorporated Areas of Pierce County.

            Approximately 250 feet downstream of 128th Street East
            None
            +475

            Carbon River (left overbank areas, without consideration of left levees)
            At the Puyallup River confluence
            +121
            +122
            City of Orting, Unincorporated Areas of Pierce County.

            Approximately 1,000 feet upstream of the 177th Street East turnaround
            None
            +460

            Carbon River Overflow
            Approximately 1.2 miles upstream of 226th Street East along 177th Street East and Alward Road
            None
            #3
            Unincorporated Areas of Pierce County.

            Clarks Creek
            At the Puyallup River confluence
            None
            +30
            City of Puyallup, Unincorporated Areas of Pierce County.

            Approximately 195 feet west of the west end of 15th Avenue Southwest
            +31
            +32

            Clear Creek
            From the Puyallup River confluence to the water treatment plant near the intersection of Pioneer Way East and 44th Avenue East
            +17
            +24
            Unincorporated Areas of Pierce County.

            Clover Creek
            At the Steilacoom Lake confluence
            +215
            +214
            City of Lakewood, Unincorporated Areas of Pierce County.

            At the downstream side of 71st Avenue East
            None
            +344

            Clover Creek (overflow at 134th Street South)
            At the upstream side of A Street South
            +308
            +307
            Unincorporated Areas of Pierce County.

            Approximately 116 feet downstream of the intersection of B Street East and 134th Street Court East
            +308
            +309

            Clover Creek (overflow at designated parkland)
            At the Clover Creek confluence
            None
            +297
            Unincorporated Areas of Pierce County.

            At the downstream side of 4th Avenue East
            +313
            +312

            Clover Creek (overflow at golf course)
            At the North Fork Clover Creek confluence (in Mayfair County Park)
            None
            +319
            Unincorporated Areas of Pierce County.

            Approximately 740 feet downstream of the Clover Creek confluence
            None
            +320

            Clover Creek (overflow near Lakewood Town Center)
            At the upstream side of 111th Street Southwest
            None
            +261
            City of Lakewood.

            At the divergence from Clover Creek (between Lindale Lane Southwest and Cochise Lane Southwest)
            None
            +268

            Crescent Creek
            At the Gig Harbor confluence
            None
            +12
            City of Gig Harbor, Unincorporated Areas of Pierce County.

            Approximately 1,050 feet downstream of Crescent Valley Drive Northwest
            None
            +172

            Crescent Lake
            Entire shoreline within community
            None
            +173
            Unincorporated Areas of Pierce County.

            Diru Creek
            At the upstream side of 84th Street East
            None
            +335
            Unincorporated Areas of Pierce County.

            At the downstream side of 128th Street East
            None
            +468

            Diru Creek (104th Street East overflow)
            Approximately 530 feet upstream of 104th Street East
            None
            +414
            Unincorporated Areas of Pierce County.

            Approximately 317 feet downstream of State Route 512
            None
            +448

            Diru Creek (96th Street East overflow)
            At the downstream side of 96th Street East
            None
            +398
            Unincorporated Areas of Pierce County.

            Approximately 155 feet upstream of 96th Street East
            None
            +400

            East Fork Clear Creek
            Approximately 200 feet south of 72nd Street East
            None
            +352
            Unincorporated Areas of Pierce County.

            At the downstream side of 105th Street East
            None
            +453

            East Fork Clear Creek (west stem)
            Approximately 500 feet downstream of 96th Street East
            None
            +425
            Unincorporated Areas of Pierce County.

            Approximately 75 feet downstream of State Route 512
            None
            +453

            Fennel Creek
            Approximately 100 feet downstream of McCutcheon Road
            None
            +105
            City of Bonney Lake, Unincorporated Areas of Pierce County.

            At the upstream side of Kelley Lake Road
            None
            +505

            Gig Harbor
            Entire shoreline within community
            None
            +12
            City of Gig Harbor, Unincorporated Areas of Pierce County.

            Lacamas Creek
            Approximately 1,300 feet downstream of State Route 507, near the southeast corner of Muck Lake
            +322
            +324
            City of Roy, Unincorporated Areas of Pierce County.

            Approximately 600 feet south of 304th Street South
            +473
            +474

            Mashel River
            At the upstream side of Private Road, 1,600 feet upstream of the Little Mashel River confluence
            +739
            +738
            Town of Eatonville, Unincorporated Areas of Pierce County.

            Approximately 0.54 mile upstream of Alder Cutoff Road East
            +862
            +866

            Meeker Ditch
            At the upstream side of 17th Street Southwest
            #1
            +31
            City of Puyallup.

            Approximately 266 feet downstream of Fairview Drive
            None
            +38

            Morey Creek
            Approximately 180 feet upstream of the Clover Creek confluence
            None
            +293
            Unincorporated Areas of Pierce County.

            Approximately 140 feet upstream of Spanaway Loop Road
            None
            +300

            North Fork Clover Creek
            Approximately 115 feet downstream of B Street East
            +307
            +309
            City of Lakewood, City of Tacoma, Unincorporated Areas of Pierce County.

            At the upstream side of 96th Street East
            None
            +391

            North Fork Clover Creek Tributary #1
            Approximately 270 feet upstream of the intersection of 14th Avenue East and North Fork Clover Creek
            +323
            +321
            Unincorporated Areas of Pierce County.

            Approximately 600 feet downstream of Bingham Avenue East
            None
            +457

            North Fork Clover Creek Tributary #2
            At the upstream side of the North Fork Clover Creek confluence
            None
            +327
            Unincorporated Areas of Pierce County.

            At the upstream side of the Tacoma Rail Mountain Division railroad, approximately 450 feet north of the Waller Road railroad crossing
            None
            +397

            North Fork Clover Creek Tributary #4
            Approximately 0.5 mile downstream of 22nd Avenue Court East
            None
            +363
            Unincorporated Areas of Pierce County.

            Approximately 1,050 feet upstream of 22nd Avenue Court East
            None
            +402

            North Fork Clover Creek Tributary #5
            At the upstream side of Aqueduct Drive East
            None
            +368
            Unincorporated Areas of Pierce County.

            Approximately 1,320 feet upstream of Aqueduct Drive East
            None
            +368

            Puyallup River (overflow through golf course between State Route 162 and Puyallup River)
            Approximately 90 feet upstream of 140th Street East
            +128
            +127
            City of Orting, Unincorporated Areas of Pierce County.

            At the downstream side of Lane Boulevard Northwest
            None
            +164

            Puyallup River (overflow through golf course to Hylebos Waterway)
            At the Hylebos Creek confluence
            None
            +14
            City of Fife, City of Tacoma, Unincorporated Areas of Pierce County.

            At the upstream side of 12th Street East
            None
            +16

            Puyallup River (overflows to Blair Waterway via numerous flow paths)
            At the Blair Waterway confluence
            None
            +12
            City of Fife, City of Tacoma.

            At the upstream side of the I-5 ramp to Port of Tacoma Road
            None
            +18

            Puyallup River (with consideration of levees)
            At the Commencement Bay confluence
            +13
            +12
            City of Fife, City of Orting, City of Puyallup, City of Sumner, Unincorporated Areas of Pierce County.

            Approximately 1.0 mile upstream of the Burlington Northern Railroad/Champion Bridge
            +633
            +634

            Puyallup River (without consideration of left levee)
            At the Tacoma City Waterway confluence
            None
            +12
            City of Orting, City of Puyallup, City of Tacoma, Unincorporated Areas of Pierce County.

            At the southern end of 169th Avenue East
            +501
            +498

            Puyallup River (without consideration of right levee)
            At the upstream side of I-5
            None
            +17
            City of Edgewood, City of Fife, City of Puyallup, City of Sumner, City of Tacoma, Unincorporated Areas of Pierce County.

            Approximately 700 feet south of the southern end of Neadham Road East
            None
            +446

            Rody Creek
            At the Clarks Creek confluence (at 66th Avenue East)
            None
            +30
            Unincorporated Areas of Pierce County.

            Approximately 70 feet downstream of 128th Street East
            None
            +452

            South Prairie Creek
            At the Carbon River confluence
            +301
            +302
            Town of South Prairie, Unincorporated Areas of Pierce County.

            Approximately 2,000 feet upstream of State Route 162
            +452
            +449

            Spanaway Creek
            Approximately 55 feet upstream of Spanaway Loop Road South
            +287
            +286
            Unincorporated Areas of Pierce County.

            Approximately 355 feet upstream of Military Road South
            +323
            +325

            Swan Creek
            At the upstream side of Pioneer Way East
            None
            +22
            City of Tacoma, Unincorporated Areas of Pierce County.

            At the upstream side of 112th Street East
            None
            +419

            Wapato Creek I
            Approximately 125 feet upstream of Marshall Avenue
            None
            +12
            City of Edgewood, City of Fife, City of Puyallup, City of Tacoma, Unincorporated Areas of Pierce County.

            Approximately 120 feet upstream of 7th Street Northwest
            None
            +40

            Wapato Creek II
            Approximately 500 feet north of Valley Avenue Northeast and approximately 670 feet east of North Meridian Avenue
            None
            +49
            City of Edgewood, City of Puyallup, Unincorporated Areas of Pierce County.

            Approximately 1,825 feet upstream of 114th Avenue Court East
            +53
            +56

            West Fork Canyon Creek
            At the Canyon Creek confluence
            None
            +387
            Unincorporated Areas of Pierce County.

            Approximately 400 feet upstream of 116th Street East
            None
            +464

            White River
            Approximately 380 feet downstream of State Route 410
            +47
            +51
            City of Puyallup, City of Sumner, Unincorporated Areas of Pierce County.

            Approximately 0.4 mile upstream of 8th Street East
            None
            +74

            Woodland Creek
            At the Clarks Creek confluence
            None
            +30
            Unincorporated Areas of Pierce County.

            At the downstream side of 106th Street East
            None
            +411

            Woodland Creek (80th Street East overflow)
            At the Woodland Creek confluence
            None
            +35
            Unincorporated Areas of Pierce County.

            At the upstream side of 80th Street East
            None
            +96

            Woodland Creek (96th Street East overflow)
            At the Woodland Creek divergence
            None
            +305
            Unincorporated Areas of Pierce County.

            At the downstream side of the Woodland Creek confluence
            None
            +346

            * National Geodetic Vertical Datum.

            + North American Vertical Datum.

            # Depth in feet above ground.

            ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.

            ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed.

            Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472.

              ADDRESSES

              City of Bonney Lake

            Maps are available for inspection at the City Hall Annex, 8720 Main Street East, Bonney Lake, WA 98391.

              City of Edgewood

            Maps are available for inspection at City Hall, 2224 104th Avenue East, Edgewood, WA 98372.

              City of Fife

            Maps are available for inspection at City Hall, 5411 23rd Street East, Fife, WA 98424.

              City of Gig Harbor

            Maps are available for inspection at City Hall, Building Department, 3510 Grandview Street, Gig Harbor, WA 98335.

              City of Lakewood

            Maps are available for inspection at City Hall, Public Works Department, 6000 Main Street Southwest, Lakewood, WA 98499.

              City of Orting

            Maps are available for inspection at City Hall, 110 Train Street Southeast, Orting, WA 98360.

              City of Puyallup

            Maps are available for inspection at City Hall, Development Services Department, 333 South Meridian, Puyallup, WA 98371.

              City of Roy

            Maps are available for inspection at City Hall, 216 McNaught Street South, Roy, WA 98580.

              City of Sumner

            Maps are available for inspection at City Hall, Community Development Department, 1104 Maple Street, Sumner, WA 98390.

              City of Tacoma

            Maps are available for inspection at City Hall, Building and Land Use Department, 747 Market Street, Tacoma, WA 98402.

              Town of Eatonville

            Maps are available for inspection at the Town Hall, 201 Center Street West, Eatonville, WA 98328.

              Town of South Prairie

            Maps are available for inspection at City Hall, 121 Northwest Washington Street, South Prairie, WA 98385.

              Unincorporated Areas of Pierce County

            Maps are available for inspection at the Pierce County Surface Water Management Division, Tacoma Mall Plaza, 2702 South 42nd Street, Suite 201, Tacoma, WA 98409.

          (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

          Dated: April 2, 2012.
          Sandra K. Knight,
          Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

      [FR Doc. 2012-8870 Filed 4-13-12; 8:45 am]
      BILLING CODE 9110-12-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 600
        [RTID 0648-XA356]
        Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notification; request for comments.

          SUMMARY:

          NMFS announces the receipt of an exempted fishing permit application titled, “Year-round Coastwide Midwater Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting Rockfish in the Shorebased IFQ Fishery, 2021-2022.” The application, submitted by the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative, requests a permit to test whether removing certain gear, time, and area restrictions for vessels fishing under the West Coast Groundfish Trawl Rationalization Program's Shorebased Individual Fishing Quota Program may impact the nature and extent of bycatch of prohibited species (e.g., Chinook salmon). This exempted fishing permit would allow participating groundfish bottom and midwater trawl vessels more flexibility than allowed in current regulations to target pelagic rockfish species, such as widow, chilipepper, and yellowtail rockfish. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed exempted fishing permits.

          DATES:
          Comments must be received no later than 5 p.m., local time on September 29, 2020.

          ADDRESSES:
          You may submit comments on this document, identified by NOAA-NMFS-2020-0097, by the following method:
          • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0097, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments. The EFP application will be available under “Supporting and Related Materials” through the same link.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and would generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender would be publicly accessible. NMFS would accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments would be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

          FOR FURTHER INFORMATION CONTACT:
          Lynn Massey, West Coast Region, NMFS, at (562) 436-2462, lynn.massey@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        This action is authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP) and regulations at 50 CFR 600.745, which allow NMFS Regional Administrators to authorize exempted fishing permits (EFPs) to test fishing activities that would otherwise be prohibited.

        At the June 2020 Pacific Fishery Management Council (Council) meeting, the Council voted to recommend that NMFS approve an EFP application titled, “Year-round Coastwide Midwater Rockfish EFP: Monitoring and Minimizing Salmon Bycatch When Targeting Rockfish in the Shorebased IFQ Fishery, 2021-2022” (herein referred to as the “2021 Trawl Gear EFP”) for the 2021 fishing year, and made the preliminary decision to recommend continuing the EFP project in 2022. The applicants (i.e., the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative) submitted the application as a renewal request to continue EFP research conducted since 2017; the multi-year EFP project is collectively referred to as the “Trawl Gear EFP.” The Trawl Gear EFP project allows up to 60 vessels participating in the West Coast Groundfish Trawl Rationalization Program's Limited Entry Shorebased Individual Fishing Quota (IFQ) Program to test whether removing certain gear, time, and area restrictions may impact the nature and extent of bycatch of protected and prohibited species (i.e., Chinook salmon, coho, eulachon, and green sturgeon). Since 2017, NMFS has annually modified the suite of exemptions allowed under the Trawl Gear EFP project as certain groundfish regulations are lifted or revised. For a history of the authorized exemptions, see 81 FR 96437 (December 30, 2016) for the 2017 EFP, 82 FR 52882 (November 15, 2017) for the 2018 EFP, 83 FR 61603 (November 30, 2018) for the 2019 EFP, and 84 FR 56246 (October 22, 2019) for the 2020 EFP. Exemptions originally proposed by the applicants and published in the Federal Register notice for the 2020 Trawl Gear EFP were later modified to reflect regulatory changes to groundfish closed areas implemented via Amendment 28 to the Pacific Coast Groundfish FMP (See 84 FR 63966, November 19, 2019). The modified 2020 Trawl Gear EFP exemptions are consistent with the exemptions requested by the applicants for the 2021 and 2022 Trawl Gear EFPs (see below list).
        For the 2021 Trawl Gear EFP project, the application requests exemptions from the following limited entry trawl fisheries regulations:
        • For vessels fishing with bottom trawl groundfish gear:

         The requirement to use selective flatfish trawl gear, and the prohibition on using small footrope gear other than selective flatfish trawl gear between 42° and 40°10′ North latitude (N) and shoreward of the boundary line approximating the 100 fathom (fm) depth contour (See § 660.130(c)(2)(i) and (c)(2)(ii)); and

         The requirement that selective flatfish trawl must be a two-seamed net with no more than two riblines, excluding the codend (See § 660.130(b)(1)(ii)(A)).
        • For vessels fishing with midwater trawl groundfish gear:
         The prohibition on fishing outside the primary season dates for the Pacific whiting IFQ fishery (See § 660.112(b)(x) and § 660.130(c)(3));

         The prohibition on fishing south of 40°10′ N lat. shoreward of the boundary line approximating the 150 fm depth contour (See § 660.130(c)(3)(ii) and (c)(4)(ii)(B)).
        • For vessels fishing with either midwater or bottom trawl groundfish gear:
         The prohibition on retaining certain prohibited species (See § 660.12 (a)(1)); and

         The requirement to discard certain prohibited species at sea (See § 660.140 (g)(1)).
        If NMFS approves this EFP, vessels fishing on an EFP trip with limited entry bottom trawl gear would be permitted to use any small footrope gear that meets the definition in regulations at § 660.11 between 42° N lat. and 40°10′ N lat and shoreward of the 100 fm depth contour. Vessels fishing on an EFP trip with limited entry bottom trawl gear would also be permitted to use both two- and four-seam selective flatfish trawl nets with two- or four-riblines, excluding the codend. Vessels fishing on an EFP trip with limited entry midwater trawl gear would be permitted to fish south of 40°10′ N lat. shoreward of the 150 fm depth contour. Additionally, vessels fishing on an EFP trip with limited entry midwater trawl gear would not be constrained to the Pacific whiting primary season dates in existing groundfish regulations. Participating vessels would be required to carry observers or use a NMFS-approved electronic monitoring system on 100 percent of trips, as is currently required in the IFQ program. Participating vessels would also be required to retain all salmon (excluding salmon already sampled by NMFS' West Coast Groundfish Observer Program) until offloading.

        A goal of this EFP project is to collect information on the effects of lifting the restrictions described above on bycatch, including bycatch of Endangered Species Act (ESA)-listed salmon, eulachon, and green sturgeon. Previous analyses suggest that bycatch rates of these ESA-listed species could increase as a result of the changes in gear configurations from the Trawl Gear EFP. However, because a targeted fishery for chilipepper, widow, and yellowtail rockfish has not existed in more than a decade, and because the current groundfish trawl fishery has changed considerably in recent years, available data may have limited utility for predicting current impacts to protected and prohibited species in fisheries conducted with the exemptions that would be allowed under this EFP application being considered. NMFS staff worked with the applicants to inform their development of this EFP application, advising on what might increase the ability of fishery participants to target pelagic rockfish species while also minimizing bycatch to the extent practicable and ensuring adequate bycatch information can be collected. To address potential increased protected and prohibited species encounters, the Council recommended that EFP applicants adhere to area-based Chinook salmon bycatch limits for midwater trawl and bottom trawl EFP vessels in 2021 and 2022. Under this proposal, if Chinook salmon catch on EFP trips for either gear type reaches the applicable bycatch limit, NMFS would revoke the EFP for that gear type for the remainder of the year. If this EFP is approved, NMFS would set a bycatch limit of 1,000 Chinook salmon north of 42° N lat. and 100 Chinook salmon south of 42° N lat. for vessels declared into the EFP, regardless of gear type. If either of these bycatch limits are reached, NMFS would revoke the EFP for both gear types in the respective management area (i.e., north or south of 42° N lat.).
        The application includes a requirement to retain and land salmon bycatch on all EFP trips, consistent with current requirements for vessels participating in the shoreside Pacific whiting fishery. The intent of this provision is to provide a complete census of salmon bycatch for each EFP trip and maximize the amount of biological and genetic salmon samples. In the event that more salmon are landed than what the onboard observer can sample, the vessel would notify their respective state fish and wildlife agency upon returning to port to give them the opportunity to collect and sample the excess salmon bycatch.
        The EFP applicants have not proposed a specific list of participating vessels, but consistent with previous years, are proposing that NMFS publish a public notice to gauge interest from limited entry groundfish midwater and bottom trawl vessels. Depending on the amount of interest and where vessels may be fishing, NMFS may need to limit participation by time and area to mitigate potential impacts.

        Information collected under the EFP would be used to support analysis for potential new gear regulations and modifications to existing gear regulations. Because many of the current gear regulations have been in place for more than ten years, it is difficult for NMFS, the Council, and industry to predict the impacts of removing these regulations. In the past 10 years, the industry has changed significantly. Reduction in capacity, innovations in gear technologies, and changes in management have all contributed to these changes. The information collected through the fishing under this EFP would help demonstrate what potential impacts, if any, today's fleet may have if some of the current gear, area, and time regulations are modified from what is currently in regulation. NMFS has already used data from the prior years of the EFP project to modify regulations that were no longer necessary due to changes in the groundfish fishery and the improved status of several overfished groundfish stocks. For example, data from the 2017 and 2018 EFPs helped modify regulations that restricted the use and configuration of trawl gear via a December 3, 2018 final rule (See 83 FR 62269).

        NMFS is proposing to approve the 2021 Trawl Gear EFP, and preliminarily approve the 2022 Trawl Gear EFP, covering all the exemptions stated above, following the conclusion of the public comment period and review of public comment. NMFS would not issue another Federal Register notice soliciting public comment on renewing the Trawl Gear EFP for 2022 unless: (1) The applicants modify and resubmit their application to NMFS; (2) changes to relevant trawl fisheries regulations warrant a revised set of exemptions authorized under the EFP project; or (3) NMFS' understanding of the current biological and economic impacts from EFP fishing activities substantially changes. Pending approval, NMFS would issue the permits for the EFP project to the vessel owner or designated representative as the “EFP holder.” NMFS intends to use an adaptive management approach in which NMFS may revise requirements and protocols to improve the program without issuing another Federal Register notice, provided that the modifications fall within the scope of the original EFP. In addition, the applicants may request minor modifications and extensions to the EFP throughout the course of research. NMFS may grant EFP modifications and extensions without further public notice if the changes are essential to facilitate completing the proposed research and result in only a minimal change in the scope or impacts of the initially approved EFP request.

        NMFS analyzed the potential effects of implementing the 2018 Trawl Gear EFP in an environmental assessment (EA), dated December 2017 (Available at: http://www.westcoast.fisheries. noaa.gov). In that EA, NMFS stated that it anticipated issuing additional, similar, one-year EFPs that would cover a portion or all of the components discussed in the EA. Those EFPs would be supported by the analyses in the EA, as long as there were not substantial changes to the affected environment (e.g., status of the stock), components of the EFP (i.e., gear, area, and time restrictions), or unanticipated effects on the environment from permitting fishing activities that were not discussed in the EA's analysis. Since the 2021 and 2022 Trawl Gear EFPs meet those criteria, NMFS does not anticipate any environmental impacts from the 2021-2022 Trawl Gear EFP beyond those analyzed in the EA for the 2018 Trawl Gear and future similar EFPs. NMFS welcomes public comment on the NEPA coverage for this EFP.
        After publication of this document in the Federal Register, NMFS may approve and issue permits for the EFP project after the close of the public comment period. NMFS will consider comments submitted in deciding whether to approve the application as requested. NMFS may approve the application in its entirety or may make any alterations needed to achieve the goals of the EFP.

          Authority:
          16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

          Dated: August 25, 2020.
          Jennifer M. Wallace,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2020-19060 Filed 9-11-20; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 622
        RIN 0648-BD81
        Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hardbottom Habitats of the South Atlantic Region

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Notice of availability; request for comments.

          SUMMARY:
          The South Atlantic Fishery Management Council (Council) has submitted Amendment 8 to the Fishery Management Plan for Coral, Coral Reefs, and Live/Hardbottom Habitats of the South Atlantic Region (FMP) (Amendment 8) for review approval, and implementation by NMFS. Amendment 8 proposes actions to expand portions of the northern and western boundaries of the Oculina Bank habitat area of particular concern (HAPC) (Oculina Bank HAPC) and allow transit through the Oculina Bank HAPC by fishing vessels with rock shrimp onboard; modify vessel monitoring systems (VMS) requirements for rock shrimp fishermen transiting through the Oculina Bank HAPC; expand a portion of the western boundary of the Stetson Reefs, Savannah and East Florida Lithotherms, and Miami Terrace Deepwater Coral HAPC (CHAPC) (Stetson-Miami Terrace CHAPC), including modifications to the shrimp fishery access area 1; and expand a portion of the northern boundary of the Cape Lookout Lophelia Banks Deepwater CHAPC (Cape Lookout CHAPC).

          DATES:
          Written comments must be received on or before July 21, 2014.

          ADDRESSES:
          You may submit comments, identified by “NOAA-NMFS-2014-0065”, by any one of the following methods:
          • Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0065, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to Karla Gore, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

          Electronic copies of Amendment 8 may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 8 includes a draft environmental assessment, a Regulatory Flexibility Act analysis, a Regulatory Impact Review, and a Fishery Impact Statement.

          FOR FURTHER INFORMATION CONTACT:
          Karla Gore, telephone: 727-824-5305.

        SUPPLEMENTARY INFORMATION:

        The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any fishery management plan or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson-Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment.
        Background

        Recent scientific exploration has identified areas of high relief features and hard bottom habitat outside the boundaries of the existing HAPCs and CHAPCs. During its 2011 October meeting, the Council's Coral Advisory Panel (AP) (Coral AP) recommended the Council revisit the boundaries of the Oculina Bank HAPC, Stetson-Miami Terrace CHAPC, and the Cape Lookout CHAPC to incorporate areas of additional deepwater coral habitat that were previously uncharacterized. The Council reviewed the Coral AP recommendations for expansion of these areas and associated VMS analyses of rock shrimp fishing activity, and approved the measures for public scoping through Comprehensive Ecosystem-Based Amendment 3. The Council subsequently moved these measures into Amendment 8. The Council's Coral, Habitat, Deepwater Shrimp, and Law Enforcement APs worked collectively to refine the Coral AP recommendations and provided input to the Council on expanding the boundaries of the HAPC and CHAPCs and establishing a transit provision in the Oculina Bank HAPC.
        The Council approved the amendment during its September 2013 meeting and submitted Amendment 8 to NMFS for agency review under procedures of the Magnuson-Stevens Act.
        Management Measures Contained in Amendment 8
        Amendment 8 would expand the boundaries of the Oculina Bank HAPC, the Stetson-Miami Terrace CHAPC, and the Cape Lookout CHAPC to protect deepwater coral ecosystems. The amendment would also allow transit through the Oculina HAPC by fishing vessels with rock shrimp onboard. In addition, Amendment 8 would modify the VMS requirements for rock shrimp fishermen.
        Expansion of Oculina Bank HAPC
        The Oculina Bank HAPC was first established in 1984, with implementation of the FMP (49 FR 29607, August 22, 1984). Within the Oculina Bank HAPC, it is unlawful to use a bottom longline, bottom trawl, dredge, pot or trap, and if aboard a fishing vessel, it is unlawful to anchor, use an anchor and chain, or use a grapple and chain. Additionally, it is unlawful to fish for or possess rock shrimp in or from the Oculina Bank HAPC on board a fishing vessel. Currently, the Oculina Bank HAPC is a 289-square mile (749-square km) area. If implemented, Amendment 8 would increase the size of the Oculina HAPC by 405.42 square miles (1,050 square km), for a total area of 694.42 square miles (1,798.5 square km) and would extend these prohibitions to the larger area (except for a limited transit provision described below) and increase the protection of coral.
        Transit Provision Through Oculina Bank

        Amendment 8 proposes a transit provision to allow fishing vessels with rock shrimp onboard to transit the Oculina Bank HAPC under limited circumstances. To be considered to be in transit, vessels would be required to maintain a minimum speed of 5 knots, maintain a VMS ping (signal) rate of 1 ping per 5 minutes, and a vessel's gear would be required to be appropriately stowed (i.e., doors and nets would be required to be out of water and onboard the deck or below the deck of the vessel). This transit provision would allow rock shrimp fishermen with rock shrimp onboard their vessel to access additional fishing grounds in less time using less fuel than if the fishermen were required to travel around the Oculina Bank HAPC.
        Expansion of the Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC
        The Stetson-Miami Terrace CHAPC and the Cape Lookout CHAPC were established in 2010 through the Comprehensive Ecosystem-Based Amendment 1 to protect deepwater coral ecosystems (75 FR 35330, June 22, 2010). Within the CHAPCs, including the Stetson-Miami Terrace and Cape Lookout CHAPCs, it is unlawful to use a bottom longline, trawl (mid-water or bottom), dredge, pot or trap, and if aboard a fishing vessel, it is unlawful to anchor, use an anchor and chain, or use a grapple and chain. Additionally, it is unlawful to fish for or possess coral in or from the CHAPCs on board a fishing vessel. Amendment 8 would increase the size of the Stetson-Miami Terrace CHAPC by 490 square mile (1,269 square km), for a total area of 24,018 square miles (62,206 square km), and increase the size of the Cape Lookout CHAPC by 10 square miles (26 square km), for a total area of 326 square miles (844 square km), and would extend the gear prohibitions to the larger area to increase protection of deepwater coral ecosystems. The expansion of the Stetson-Miami Terrace CHAPC would also provide royal red shrimp fishermen a new zone adjacent to the existing shrimp access area A (proposed to be renamed in the rulemaking associated with Amendment 8 to be shrimp access area 1) within which they can haul back fishing gear without drifting into an area where their gear is prohibited. Thus, this shrimp fishery access area would be expanded to include the new haul-back zone if this rule is implemented.

        A proposed rule that would implement measures outlined in Amendment 8 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating Amendment 8 to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If the determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment.
        Consideration of Public Comments
        The Councils submitted Amendment 8 for Secretarial review, approval, and implementation. Comments received by July 21, 2014, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule.

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

          Dated: May 15, 2014.
          Emily H. Menashes,
          Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

      [FR Doc. 2014-11622 Filed 5-19-14; 8:45 am]
      BILLING CODE 3510-22-P


        DEPARTMENT OF THE INTERIOR
        Fish and Wildlife Service
        50 CFR Part 21
        RIN 1018-AF93
        Migratory Bird Permits; Determination That the State of Delaware Meets Federal Falconry Standards and Amended List of States Meeting Federal Falconry Standards

          AGENCY:
          Fish and Wildlife Service, Interior.

          ACTION:
          Proposed rule.

          SUMMARY:
          We propose to add the State of Delaware to the list of States whose falconry laws meet or exceed Federal falconry standards. This action would enable residents of the State of Delaware to apply for a Federal/State falconry permit and to practice falconry in that State. We also propose to amend the list of States that participate in the cooperative Federal/State permit system by adding Delaware and Vermont. The State of Vermont has recently begun to participate in the cooperative program.

          DATES:

          You may submit comments on or before May 15, 2000 at the location noted below under the heading ADDRESSES.

          ADDRESSES:
          Comments must be submitted to the Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 634, Arlington, Virginia 22203. Copies of the environmental assessment (EA) and the State falconry rules for Delaware are available by writing to this same address. The public may inspect comments during normal business hours at this address.

          FOR FURTHER INFORMATION CONTACT:
          Jon Andrew, Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, telephone 703/358-1714.

        SUPPLEMENTARY INFORMATION:
        Regulations in 50 CFR part 21 provide for review and approval of State falconry laws by the Fish and Wildlife Service. A list of States whose falconry laws are approved by the Service is found in 50 CFR 21.29(k). The practice of falconry is authorized in those States. As provided in 50 CFR 21.29 (a) and (c), the Director has reviewed certified copies of the falconry regulations adopted by the State of Delaware and has determined that they meet or exceed Federal falconry standards. Federal falconry standards contained in 50 CFR 21.29(d) through (i) include permit requirements, classes of permits, examination procedures, facilities and equipment standards, raptor marking, and raptor taking restrictions. Delaware regulations also meet or exceed all restrictions or conditions found in 50 CFR 21.29(j), which include requirements on the number, species, acquisition, and marking of raptors. Therefore, we are proposing that the State of Delaware be listed under § 21.29(k) as a State that meets Federal falconry standards. Inclusion of Delaware in this list would eliminate the current restriction that prohibits falconry within that State.
        We are publishing the entire list of States that have met the Federal falconry standards, including the State of Delaware. We believe that publishing this list in its entirety will eliminate any confusion concerning which States have approval for falconry and further indicate which States participate in a cooperative Federal/State permit system program. We are adding asterisks to both Delaware and Vermont to identify them as participants in the cooperative permit program as explained below.
        Why Is This Rulemaking Needed?
        The need for the proposed changes to 50 CFR 21.29(k) arose from the expressed desire of the State of Delaware to institute a falconry program for the benefit of citizens interested in the sport of falconry and to participate in a cooperative Federal/State permit system. Accordingly, the State has promulgated regulations that meet or exceed Federal requirements protecting migratory birds. The proposed changes to 50 CFR 21.29(k) are necessary to allow, by inclusion within the listing of authorized falconry States, persons in the State of Delaware to practice falconry. We are also identifying the State of Vermont as a participant in a cooperative Federal/State permit system following that State's addition to the list of approved falconry States on September 7, 1999 (64 FR 48565).
        NEPA Consideration

        In compliance with the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(2)(C)), and the Council on Environmental Quality's regulations for implementing NEPA (40 CFR parts 1500-1508), the Service prepared an Environmental Assessment (EA) in July 1988 to support establishment of simpler, less restrictive regulations governing the use of most raptors. This EA is available to the public at the location indicated under the ADDRESSES caption. Based on review and evaluation of the proposed rule to amend 50 CFR 21.29(k) by adding Delaware to the list of States whose falconry laws meet or exceed Federal falconry standards, and Delaware and Vermont as participants in the cooperative application program, we have determined that the issuance of the proposed rule is categorically excluded from NEPA documentation under the Department of the Interior's NEPA procedures in 516 DM 2, Appendix 1.10.
        Endangered Species Act Considerations

        Section 7 of the Endangered Species Act (ESA) of 1972, as amended (16 U.S.C. 1531, et seq.), provides that, “The Secretary [of the Interior] shall review other programs administered by him and utilize such programs in furtherance of the purposes of this Act” [and] shall “insure that any action authorized, funded, or carried * * * is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of [critical] habitat * * *” Our review pursuant to section 7 concluded that this action is not likely to adversely affect listed species. A copy of this determination is available by contacting us at the address indicated under the ADDRESSES caption.
        Other Required Determinations

        This rule was not subject to the Office of Management and Budget (OMB) review under Executive Order 12866. The Department of the Interior has determined that this rule would not have a significant effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act; it will not have an annual effect on the economy of $100 million or more, will not cause a major increase in costs or prices, and will not adversely affect competition, employment, investment, productivity, or innovation. We estimate that 20 individuals would obtain falconry permits as a result of this rule, and many of the expenditures of those permittees would accrue to small businesses. The maximum number of birds allowed by a falconer is 3, so the maximum number of birds likely to be possessed is 60. Some birds would be taken from the wild, but others could be purchased. Using one of the more expensive birds, the northern goshawk, as an estimate, the cost to procure a single bird is less than $5,000, which, with an upper limit of 60 birds, translates into $300,000. Expenditures for building facilities would be less than $32,000 for 60 birds, and for care and feeding less than $60,000. These expenditures, totaling less than $400,000, represent an upper limit of potential economic impact from the addition of Delaware to the list of approved States.

        This rule has no potential takings implications for private property as defined in Executive Order 12630. The only effect of this proposed rule on the constituent community would be to allow falconers in the State of Delaware to apply for falconry permits. We estimate that no more than 20 people would apply for falconry permits in Delaware. This rule does contain information collection requirements that are approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The information collection is covered by an existing OMB approval for licenses/permit applications, number 1018-0022. For further details concerning the information collection approval, see 50 CFR 21.4.

        We have determined, and certify pursuant to the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not impose a cost of $100 million or more in any given year on local or State governments or private entities. The rule does not have significant Federalism effects pursuant to Executive Order 13132. We also have determined that these regulations meet the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988 for civil justice reform, and that the rule does not unduly burden the judicial system.
        Regarding Government-to-Government relationships with Tribes, this rulemaking would have no effect on federally recognized Tribes. There are no federally recognized Tribes in the State of Delaware. Furthermore, the revisions to the existing regulations are of a purely administrative nature affecting no Tribal trust resources.
        Request for Comments
        If you wish to comment, you may do so by any one of several methods. You may mail or hand-deliver comments to: Chief, Office of Migratory Bird Management, U.S. Fish and Wildlife Service, 4401 North Fairfax Drive, Room 634, Arlington, Virginia 22203. You may also fax comments to this office at (703) 358-2016.
        Our practice is to make comments, including names and home addresses of respondents, available for public review during regular business hours. Individual respondents may request that we withhold their home address from the rulemaking record, which we will honor to the extent allowable by law. There also may be circumstances in which we would withhold from the rulemaking record a respondents's identify, as allowable by law. If you wish us to withhold your name and/or address, you must state this prominently at the beginning of your comment. However, we will not consider anonymous comments. We will make all submissions from organizations or businesses and from individuals identifying themselves as representatives or officials of organizations or businesses, available for public inspection in their entirety.

          List of Subjects in 50 CFR Part 21
          Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife.

        For the reasons described in the preamble, we are proposing to amend part 21, subchapter B, chapter I of title 50 of the Code of Federal Regulations, as set forth below:

          PART 21—MIGRATORY BIRD PERMITS
          1. The authority citation for part 21 continues to read as follows:

            Authority:
            Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).

          2. Amend § 21.29 by revising paragraph (k) as follows:

            § 21.29
            Federal falconry standards.

            (k) States meeting Federal falconry standards. We have determined that the following States meet or exceed the minimum Federal falconry standards established in this section for regulating the taking, possession, and transportation of raptors for the purpose of falconry. The States that are participants in a cooperative Federal/State permit system are designated by an asterisk (*).

              *Alabama
              *Alaska
              *Arizona
              *Arkansas
              *California
              *Colorado
              *Delaware
              *Florida
              *Georgia
              *Idaho
              *Illinois
              *Indiana
              *Iowa
              *Kansas
              *Kentucky
              *Louisiana
              Maine
              Maryland
              Massachusetts
              *Michigan
              *Minnesota
              *Mississippi
              *Missouri
              *Montana
              *Nebraska
              *Nevada
              *New Hampshire
              *New Jersey
              New Mexico
              New York
              *North Carolina
              *North Dakota
              *Ohio
              Oklahoma
              *Oregon
              Pennsylvania
              Rhode Island
              *South Carolina
              *South Dakota
              *Tennessee
              Texas
              *Utah
              *Vermont
              *Virginia
              *Washington
              West Virginia
              *Wisconsin
              *Wyoming

            Dated: April 7, 2000.
            Stephen C. Saunders,
            Acting Assistant Secretary for Fish and Wildlife and Parks.

      [FR Doc. 00-9280 Filed 4-13-00; 8:45 am]
      BILLING CODE 4310-55-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 600
        [Docket No. 020424095-2095-01; I.D. 032801B]
        RIN 0648-AP25
        Fishing Capacity Reduction Program for the Crab Species Covered by the Fishery Management Plan for the Bering Sea/Aleutian Islands King and Tanner Crabs

          AGENCY:
          National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce.

          ACTION:
          Correction to a proposed rule.

          SUUMMARY:
          This document corrects the formula for calculating the bid score in the preamble to the proposed rule for establishing a fishing capacity reduction program for the crab species managed under the Bering Sea/Aleutian Islands King and Tanner Crab Fishery Management Plan (FMP), as published on December 12, 2002. The numerator and denominator were inadvertently reversed in the first sentence under IV.F. of the preamble. This document also corrects paragraph references. When paragraphs were redesignated, some of the references within the text were not modified accordingly.

          DATES:
          Effective December 30, 2002. Comments on the proposed rule will continue to be accepted until January 27, 2003, as indicated in the December 12, 2002, publication (67 FR 76329). Comments on this correction will be accepted until January 29, 2003.

          ADDRESSES:
          Mail or fax written comments about this correction or the proposed rule to Michael L. Grable. The mailing address is: Michael L. Grable, Chief, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282. The fax number is (301) 713-1306. NMFS will not accept e-mail or internet comments.
          If a comment involves any aspect of the proposed rule's collection of information requirements, send the comment both to Michael L. Grable and to the National Oceanic and Atmospheric Administration Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Anyone may obtain, from Michael L. Grable, the Environmental Assessment, Regulatory Impact Review, and Initial Regulatory Flexibility Analysis for this proposed rule.
          Anyone wishing to contact the Restricted Access Management Program (which issues crab species fishing licenses) may do so at this address: Restricted Access Management Program, National Marine Fisheries Service, PO Box 21668, Juneau, AK 99802-1668. The fax number is (907) 586-7354.

          FOR FURTHER INFORMATION CONTACT:
          Michael L. Grable, (301) 713-2390

        SUPPLEMENTARY INFORMATION:
        Background

        On December 12, 2002 (67 FR 76329), NMFS published a proposed rule in the Federal Register that would implement regulations for a program to reduce excess capacity and promote economic efficiency in the crab fishery under the FMP. NMFS would finance the voluntary program's $100 million cost with a 30-year loan to be repaid by post-reduction fishermen.
        The deadline for comments on the proposed rule was January 27, 2003. In one portion of the preamble, under the heading “IV. Process Specifics, F. Bid Scoring,” the explanation of how each bid score would be calculated incorrectly reversed the numerator (the bid amount) with the divisor (the value of each reduction vessel's documented crab harvest for crab program purposes (bid crab)). In another portion of the preamble, under IV. Process Specifics, Q. Penalties for Prohibited Activities, last sentence of 4., incorrectly refers to paragraph (u) when it should have referred to paragraph (v).
        Also, the following proposed regulatory text provisions of § 600.1018 should have been redesignated as one succeeding paragraph designation after a new paragraph was added: paragraph (k) should have referred to paragraph (j)(2) rather than (i)(2); paragraph (l)(3) should have referred to (l)(1) and (l)(2) rather than to (k)(1) and (k)(2); paragraph (l)(4) should have referred to paragraph (l)(3) rather than (k)(3); paragraph (l)(5) should have referred to paragraph (l)(4) rather than (k)(4); paragraph (n)(1) should have referred to paragraph (m) rather than (l); paragraph (r)(6) should have referred to paragraph (q) rather than (p); paragraph (t)(2)(ii) should have referred to paragraph (s) rather than (r); paragraph (t)(7)(iii) should have referred to paragraph (s) rather than (r); and paragraph (v)(2) should have referred to paragraph (t)(7)(i) rather than (s)(7)(i).
        Corrections
        In the proposed rule FR Doc. 02-31218, in the issue of December 12, 2002 (67 FR 76329), make the following corrections.
        1. On page 76333, in the first column, under F. Bid Scoring the first sentence is corrected to read as follows:
        “NMFS would calculate each bid score by dividing each bid amount by the value of each reduction vessel's documented crab harvest for crab program purposes (bid crab).”
        2. On page 76336, in the third column, under Q. Penalties for Prohibited Activities 4., the final sentence of this section is corrected to read as follows:
        “For further details about the penalties, see this subpart's § 600.1017 and this proposed § 600.1018(v).”
        3. § 600.1018 [Corrected]. Beginning on page 76341, paragraphs (k), (l)(4), (l)(5), (r)(6), (t)(2)(ii), (t)(7)(iii), (v)(2), and the first sentences of paragraphs (l)(3) and (n)(1) are corrected to read as follows:

          § 600.1018
          Crab species program.

          (k) Determining bid score. NMFS will determine each bid score by dividing each bid amount by the sum in paragraph (j)(2) of this section.

          (l) Determining reduction loan sub-amount—

          (1) * * *
          (3) Each fishery as a percentage of all fisheries. NMFS will divide each of the sums in paragraph (l)(1) of this section by the sum in paragraph (l)(2) of this section.

          (4) Applying percentages to loan amount. NMFS will multiply the reduction loan's full original principal amount by each of the yields in paragraph (l)(3) of this section; and
          (5) Loan sub-amount. Each of the amounts resulting from the calculation in paragraph (l)(4) of this section will be the reduction loan subamount that a reduction endorsement fishery must repay.

          (n) Invitation to bid— (1) Notification. At the appropriate point after issuing the notification in paragraph (m) of this section, NMFS will publish the invitation to bid in the Federal Register notification further specified in § 600.1009(c) of this subpart.

          (r) Post-bidding referendum—
          (1) * * *
          (6) Notice that condition fulfilled. If the referendum is successful, NMFS will notify accepted bidders, in the manner that § 600.1010(d)(6)(iii) of this subpart specifies, that a successful referendum has fulfilled the reduction contracts' successful post-bidding referendum condition specified in paragraph (q) of this section.

          (t) Reduction payment tender and disbursement—
          (1) * * *
          (2) Notification to the public.

          * * *
          (ii) That NMFS intends, in accordance with the reduction contracts, to tender reduction payments in return for the actions specified in paragraph (s) of this section;

          (7) Effect of tender.

          (i) * * *
          (iii) NMFS will fully exercise its reduction contract rights with respect to the reduction fishing interest by taking the actions specified in paragraph (s) of this section.

          (v) Fishing prohibition and penalties—
          (1) * * *
          (2) Prohibitions. Concurrently with NMFS' tender of each reduction payment, and with the sole exception in paragraph (t)(7)(i) of this section, no person whatsoever may, and it is unlawful for any person to:

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

          Dated: December 23, 2002.
          Rebecca Lent,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 02-32744 Filed 12-27-02; 8:45 am]
      BILLING CODE 3510-22-P