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Federal Register / Vol. 68, No. 169 / Tuesday, September 2, 2003 / Proposed Rules 52169

Executives’ Association’’ (RLEA). It is Termination Act of 1995), 721(a), 10502, treaties and laws. This determination is the Board’s understanding that RLEA no 10903–10905, and 11161. based on available data indicating that longer exists, and it is proposed that 2. Section 1152.20 is amended by these have recovered. section 1150.20(a)(2)(xi) be removed. removing paragraph (a)(2)(xi) and DATES: We must receive your written The regulations, however, still provide redesignating paragraphs(a)(2)(xii) and comments on this proposed rule by labor interests with notice of proposed (xiii) as paragraphs 1150.20(a)(2)(xi) and December 1, 2003 in order to consider abandonments or discontinuances, (xii), respectively. them. We must receive your written because current section 3. Revise § 1150.20(a)(2)(ii) and newly request for a public hearing by October 1150.20(a)(2)(xiii) requires service on redesignated § 1150.20(a)(2)(xii) to read 17, 2003. ‘‘[t]he headquarters of all duly certified as follows: ADDRESSES: Submit comments, labor organizations that represent § 1152.20 Notice of intent to abandon information, questions, and hearing employees on the affected rail line.’’ 1 or discontinue service. requests to the Chief, Division of This paragraph also contains language (a) * * * Scientific Authority; U.S. Fish and that should be moved for clarity: ‘‘For (2) * * * Wildlife Service, 4401 North Fairfax the purposes of this subsection ‘directly (ii) The Governor (by certified mail) of Drive, Room 750; Arlington, VA 22203; affected states’ are those in which any each state directly affected by the fax, 703–358–2276; E-mail, part of the line sought to be abandoned abandonment or discontinuance (for the [email protected]. Comments is located.’’ This language would be purposes of this paragraph (a)(2) ‘‘states and materials received will be available more appropriate in section directly affected’’ are those in which for public inspection by appointment, 1150.20(a)(2)(ii), and the Board any part of the line sought to be from 8 a.m. to 4 p.m., Monday through proposes to move the substance of that abandoned is located); Friday, at the Arlington, VA, address. language to that location. Finally, we * * * * * FOR FURTHER INFORMATION CONTACT: Dr. propose to redesignate sections (xii) The headquarters of all duly Michael D. Kreger, Division of Scientific 1150.20(a)(2)(xii) and (xiii) as sections certified labor organizations that Authority (See ADDRESSES section; 1150.20(a)(2)(xi) and (xii), respectively. represent employees on the affected rail phone, 703–358–1708; fax, 703–358– The Board certifies that the proposed line. 2276; E-mail, rule will not have a significant * * * * * [email protected]. economic impact on a substantial SUPPLEMENTARY INFORMATION: number of small entities, because the [FR Doc. 03–22292 Filed 8–29–03; 8:45 am] rule simply removes an obsolete BILLING CODE 4915–00–P Background reference and makes technical changes. Scarlet-Chested The Board seeks comments on all matters raised by this notice. DEPARTMENT OF THE INTERIOR The splendid or scarlet-chested This action will not significantly parakeet (Neophema splendida) is Fish and Wildlife Service affect either the quality of the human found from the interior southwest to environment or the conservation of southeast Australia in arid mixed mallee 50 CFR Part 17 energy resources. eucalypt (Eucalyptus salubris)—mulga RIN 1018–AI04 (Acacia spp.) woodlands with an List of Subjects in 49 CFR Part 1152 understory of Triodia spp. hummock Administrative practice and Endangered and Threatened Wildlife grassland (Higgins 1999). Its habitat procedure, Railroads, Reporting and and Plants; Proposed Removal of the preference is burnt areas. It is frequently recordkeeping requirements, and Scarlet-chested Parakeet and found in open areas (Garnett and Uniform System of Accounts. Turquoise Parakeet from the List of Crowley 2000). The species breeds between August and January and lays Decided: August 25, 2003. Endangered and Threatened Wildlife four to six eggs. It may be nomadic in By the Board, Chairman Nober. AGENCY: Fish and Wildlife Service, response to environmental conditions Vernon A. Williams, Interior. (e.g., rainfall; Collar 1997). Collar (1997) Secretary. ACTION: Proposed rule. notes that the are generally rare, For the reasons set forth in the but large numbers have occurred in preamble, the Surface Transportation SUMMARY: We, the U.S. Fish and certain years, which suggests that the Board proposes to amend part 1152, of Wildlife Service (Service), propose to populations may increase relatively title 49, chapter X, of the Code of remove the scarlet-chested parakeet quickly and the species may not be as Federal Regulations as follows: (Neophema splendida) and the rare as thought in the more remote parts turquoise parakeet (Neophema of its range. The size of the species’ PART 1152—ABANDONMENT AND pulchella) from the List of Endangered range is stable, but the distribution of DISCONTINUANCE OF RAIL LINES and Threatened Wildlife established the population within the range AND RAIL TRANSPORTATION UNDER under the Endangered Species Act of fluctuates according to environmental 49 U.S.C. 10903 1973, as amended (Act), because the conditions such as grazing and fire endangered designation no longer regimes (Garnett and Crowley 2000). 1. The authority citation for Part 1152 correctly reflects the current continues to read as follows: conservation status of these birds. Our Turquoise Parakeet Authority: 11 U.S.C. 1170; 16 U.S.C. review of the status of these species The turquoise parakeet (Neophema 1247(d) and 1248; 45 U.S.C. 744; and 49 shows that the wild populations of these pulchella) is found in southeastern U.S.C. 701 note (1995) (section 204 of the ICC species are stable or increasing, trade in Australia from southeast Queensland to wild-caught specimens is strictly northern Victoria. It is found in open 1 Similar language for giving notice to labor limited, and the species are protected forest, woodland, and native grasslands, representatives is found at sections 1121.4(h), 1150.32(e), 1150.35(c)(3), 1150.42(e), 1150.45(c)(3) through domestic regulation within the where it is patchily distributed (Collar and 1151.2(a)(6) concerning acquisition or range country (Australia) and through 1997). It feeds on seeds, fruits, and operation of rail lines or feeder line applications. additional national and international flowers; breeds from August to

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December and lays four to five eggs; and once every 5 years. The purpose of the Conservation of Nature and Natural is mostly sedentary, with local review is to ensure that the Lists of Resources) Red List of Threatened dispersals resulting from rainfall which Endangered and Threatened Wildlife Species downlisted the scarlet-chested stimulates production of food such as (50 CFR 17.11) accurately reflect the parakeet from vulnerable (facing high seeds (Collar 1997). The species most current status information for each risk of extinction in the wild in the declined to near extinction from 1880 listed species. We requested comments medium-term future, but not very high through the 1920s, possibly because of and the most current scientific or or extremely high) to lower risk/near habitat clearance, drought, or an commercial information available on threatened (taxa that do not qualify as epidemic, but recovered rapidly after these species, as well as information on Conservation Dependent, but which are 1930 (Collar 1997; Garnett and Crowley other species that may warrant future close to qualifying as vulnerable). This 2000). Numbers appear to be greatest in consideration for listing. If the present status was maintained in the 2002 IUCN protected reserves, indicating that classification of species is not consistent Red List of Threatened Species. The surrounding agricultural land may with the best scientific and commercial turquoise parakeet is not included in the reduce foraging opportunities (Collar information available at the conclusion 2002 IUCN Red List of Threatened 1997). The size of the species’ range is of this review, we may propose changes Species. stable, and the area of population to the list accordingly. One commenter distribution within the range is suggested that we review the listing of Summary of Factors Affecting the increasing (Garnett and Crowley 2000). these species and provided enough Scarlet-Chested Parakeet Neophema scientific information, including splendida and the Turquoise Parakeet Previous Federal Actions information and correspondence with Neophema pulchella The scarlet-chested parakeet and the Australian Government officials, to Section 4(a)(1) of the Act (16 U.S.C. turquoise parakeet of the merit review of these species by the 1531 et seq.) and regulations Neophema are listed under the Service. promulgated to implement the listing Endangered Species Act of 1973 (Act) The Australian Government classifies provisions of the Act (50 CFR part 424) (16 U.S.C. 1531 et seq.) as endangered the conservation status of the scarlet- set forth five factors to be used in throughout their entire ranges. The chested parakeet as ‘‘Least Concern’’ determining whether to add, reclassify, scarlet-chested parakeet was listed on and the turquoise parakeet as ‘‘Near or remove a species from the List of December 2, 1970 (35 FR 18320). The Threatened.’’ ‘‘Least Concern’’ indicates Endangered and Threatened Wildlife turquoise parakeet was listed on June 2, that the habitat in which the species and Plants. These factors and their 1970 (35 FR 8495). Both species were occurs or the species’ population applicability to populations of the originally listed under the Endangered density within the habitat has not scarlet-chested parakeet and the Species Conservation Act of 1969 (Pub. declined by more than half of the size turquoise parakeet of Australia are as L. 91–135, 83 Stat. 275 (1969)) as part that it was a century ago. This is the follows: of a list of species classified as lowest level of species risk. ‘‘Near endangered. This list was absorbed into Threatened’’ indicates that the habitat A. The Present or Threatened the current Act. The endangered listing within the range and/or the size of the Destruction, Modification, or under the Act prohibits imports, population within the available habitat Curtailment of its Habitat or Range exports, and re-exports of the species is probably less than half of what it was Scarlet-Chested Parakeet into or out of the United States as well a century ago. The Action Plan for as interstate and foreign commerce. On Australian Birds 2000 (Garnett and The scarlet-chested parakeet July 1, 1975, the scarlet-chested Crowley 2000), a strategic document population has increased rapidly in parakeet was placed in Appendix II of produced by Environment Australia to favorable conditions such as increased the Convention on International Trade recommend actions to government and rainfall (Collar 1997; Garnett and in Endangered Species of Wild Fauna non-government organizations in Crowley 2000), but habitat clearance has and Flora (CITES; 42 FR 10465; establishing national conservation fragmented roosting and foraging habitat February 22, 1977). On June 6, 1981, the priorities, includes recommendations in southern South Australia and turquoise parakeet was also added to for these species. The plan, however, is northwest Victoria. This species is CITES Appendix II. Listing in CITES not a regulatory document, and the frequently found in open agricultural Appendix II allows for regulated conservation priority for least concerned areas during years of unusually high commercial trade based on certain and near threatened birds is low (P. nest production likely due to findings. Furthermore, because no wild- Blackwell, Environment Australia, pers. competition among birds for optimal caught specimens of these two species comm. with M. Kreger, DSA, 2002). nest sites and foraging areas in forests. are in international trade, and they only Commercial exports of these species Thus, livestock grazing and burn occur in trade as captive-bred from Australia have been prohibited management to clear land for agriculture specimens, they were included in the since 1962. The prohibition is covered may reduce habitat availability (Garnett approved list of captive-bred species under Australia’s Environment and Crowley 2000). However, most of under the regulations of the Wild Protection and Biodiversity Act 1999. the species’ foraging, roosting, and Conservation Act of 1992 (WBCA; 16 Although there are recommended nesting habitat is outside agricultural U.S.C. 4901–4916). Inclusion in this list actions for protection of both species areas, and the area over which the allows for imports of these species under The Action Plan for Australian species flies is so vast (range exceeds without requiring a WBCA permit. Birds 2000 (Garnett and Crowley 2000), 2,000 km2) that fires would not likely On September 22, 2000, we Australian has no recovery plan for adversely affect a significant portion of announced a review of all endangered either. Both species are, however, the population (Snyder et al. 2000). The and threatened foreign species in the protected by State legislation and may Action Plan for Australian Birds 2000 Order Psittaciformes (, , not be trapped from the wild for (Garnett and Crowley 2000) macaws, cockatoos, and others; also commercial purposes (G. Maynes, recommends maintaining low fire known as psittacine birds) listed under Environment Australia, pers. comm. frequency and grazing rates throughout the Act (65 FR 57363). Section 4(c)(2) of with M. Kreger, DSA, 2002). The 2000 the range of the species, particularly in the Act requires such a review at least IUCN (International Union for protected reserves in Murray Mallee. It

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also recommends determining Since 1990, there has been no trade in Wildlife, Endangered Species Act environmental correlates of patterns of wild-caught specimens of these species, protection would no longer apply. In abundance in the Great Victoria Desert. according to the World Conservation addition, the Wild Bird Conservation However, these recommendations are Monitoring Centre (WCMC) and the Act of 1992 requires a WBCA import voluntary, and because the species is Service’s Law Enforcement Management permit for wild-caught specimens of categorized as least concern, it is not a Information System (LEMIS) databases, these species. high conservation priority for the probably because these species breed Because the only international trade Australian Government. Because of the readily in aviculture (Brown et al. 1994; in these species is limited to captive- area of occupancy and observed flock Dingle 2000; Vriends 2000). The WCMC bred specimens and specimens not of sizes, researchers think as many as database indicates that the only Australian origin, because the species 10,000 breeding-age birds may exist. specimens of these species traded are prohibited from commercial export This estimate is not reliable because of internationally between 1990 and 1999 in Australia, and because stricter the lack of research on patterns of were captive-bred (9,980 scarlet-chested domestic measures govern the abundance and movement of this parakeets; 12,001 turquoise parakeets). importation of these species in the species; however, even if the population Therefore, we find that overutilization United States, the existing regulatory is smaller, there is no reason to suspect for commercial, recreational, scientific, mechanisms appear to be sufficient. a decline (Snyder et al., 2000). or educational purposes is not a threat E. Other Natural or Manmade Factors According to C. Mobbs, Deputy Director, to wild turquoise parakeets or scarlet- Affecting its Continued Existence Wildlife Protection, Environment chested parakeets. Australia (faxed letter to aviculturist M. The scarlet-chested parakeet may be C. Disease or Predation Runnals, 1999), this species is affected by competition with Bourke’s considered common with a stable No threats from disease or predation parakeet (Neopsephotus bourkii) where population in the wild. have been reported for scarlet-chested permanent water has been provided by parakeets (Garnett and Crowley 2000; humans in semi-arid rangelands Turquoise Parakeet Snyder et al. 2000). The turquoise (Landsberg et al. 1997). Such Much of the turquoise parakeet’s parakeet was driven to near extinction competition, however, does not appear habitat available before the 1890s has in the early 1900s due to introduced to be detrimental at a specieswide level. been cleared for agriculture, preventing herbivores, drought, and possibly an There is no information to indicate any the species’ recovery in more than half epidemic. However, the numbers are other natural or manmade factors that of its former range. However, the recovering rapidly, and the species is affect the continued existence of these population is rapidly increasing, with as locally common (Collar 1997). The birds species. many as 20,000 breeding-age birds are vulnerable to predation by foxes (Garnett and Crowley 2000). An because they nest close to the ground in Summary of Findings additional habitat threat is the loss of hollow eucalyptus trees and stumps, but We have carefully assessed the best hollow trees necessary for nesting in fox predation is not considered a threat available biological and conservation forests managed for timber, but the to the survival of this species. status information regarding the past, species can be prolific when nestboxes Therefore, we have no evidence, at present, and future threats faced by the are substituted. Poorly managed burn this time, that disease and predation are scarlet-chested and turquoise parakeets. regimens tend to encourage shrubby significant factors affecting scarlet- We find few threats to the species in the vegetation that outcompetes the grassy chested parakeets or turquoise wild. Enforcement of existing national understory required by parrots for parakeets. and international laws and treaties has foraging (Garnett and Crowley 2000). minimized the potential impact of trade, D. The Inadequacy of Existing The Action Plan for Australian Birds and wild populations are stable or Regulatory Mechanisms 2000 (Garnett and Crowley 2000) increasing, with more than 20,000 recommends conserving native pasture As noted under Previous Federal breeding-age turquoise parakeets and and promoting its use, maintaining a Actions above, the Australian 10,000 breeding-age scarlet-chested buffer zone around known nesting areas, Government prohibits the commercial parakeets. In the 2002 IUCN Red List of and improving fire management to export of these species. Domestic use of Threatened Species, the turquoise encourage forage diversity. However, these species is regulated by Australian parakeet is not listed and the scarlet- these recommendations are voluntary, State laws. Internationally, both species chested parakeet is included only as and because the turquoise parakeet is are listed in CITES Appendix II, which lower risk/near threatened. On the basis categorized as near threatened, it is not regulates their international commerce. of this evaluation, we propose to remove a high conservation priority for the Appendix–II specimens cannot be Neophema pulchella and Neophema Australian Government. traded without a permit from the splendida from the List of Endangered Therefore, we find that the Management Authority of the exporting and Threatened Wildlife under the Act. populations of these species are stable country. One consideration for or increasing despite some habitat loss. approving or denying an export permit Effects of This Rule is whether or not the proposed export This rule, if made final, would revise B. Overutilization for Commercial, may be detrimental to the survival of the 50 CFR 17.11(h) to remove the scarlet- Recreational, Scientific, or Educational species in the wild. chested parakeet and the turquoise Purposes The United States has additional parakeet from among the species The Action Plan for Australian Birds domestic measures that regulate the included in the List of Endangered and 2000 does not indicate overutilization as trade of these species. The Lacey Act Threatened Wildlife. Because no critical a threat to these species (Garnett and prohibits the import, export, transport, habitat was ever designated for these Crowley 2000). Both species are strictly possession, sale, or purchase of birds or species, this rule would not affect 50 protected by Australian State legislation their products in violation of State, CFR 17.95. and may not be trapped from the wild Federal, or foreign laws or regulations. If these species are removed from the for commercial purposes (Environment If these species are removed from the List of Endangered and Threatened Protection and Biodiversity Act 1999). List of Endangered and Threatened Wildlife, Endangered Species Act

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protection would no longer apply. The individuals identifying themselves as wild, pages 135–141, in Reintroduction Endangered Species Act currently representatives or officials of Biology of Australian and New Zealand prohibits the export, import, and organizations or businesses, available Fauna. M. Serena, ed. Surrey Beatty & interstate commerce of specimens for public inspection in their entirety. Sons: New South Wales. Pp. 135–141. unless certain biological and legal Comments and materials received will Collar, N.J. 1997. Scarlet-chested criteria are met, including a be available for public inspection, by parakeet (Neophema splendida), pages demonstrable benefit to the wild appointment, from 8 a.m. to 4 p.m. at 383–384, in Handbook of the Birds of population. However, the protections the Division of Scientific Authority (see the World. Vol. 4. Sandgrouse to under the Lacey Act and the Wild Bird ADDRESSES section). Cuckoos. J. del Hoyo, A. Elliott, and J. Conservation Act (for wild-caught You may also request a public hearing Sargatal, eds. Lynx Edicions, Barcelona. specimens only) would remain on this proposal. Your request for a Collar, N.J. 1997. Turquoise parakeet unchanged. These species are hearing must be made in writing and (Neophema pulchella), page 383, in prohibited from commercial export by filed within 45 days of the date of Handbook of the Birds of the World. the Government of Australia and receive publication of this proposal in the Vol. 4. Sandgrouse to Cuckoos. J. del additional domestic protection through Federal Register. Address your request Hoyo, A. Elliott, and J. Sargatal, eds. the Australian States. Removing these to the Division of Scientific Authority Lynx Edicions, Barcelona. P. 383. species from the List of Endangered and (see ADDRESSES section). Dingle, S. 2000. Turquoisine parakeet: Threatened Wildlife does not alter or Peer Review Neophema pulchella. The AFA supersede their designations as near Watchbird 27(2):12. threatened (turquoise parakeet) and Under our peer review policy (59 FR Garnett, S.T., and G.M. Crowley 2000. least concern (scarlet-chested parakeet) 34270; July 1, 1994), we will solicit the The Action Plan for Australian Birds by the Government of Australia. In expert opinions of three appropriate and 2000. Environment Australia, Canberra. independent specialists regarding addition, removing them from the List Higgins, P.J. (Ed.) 1999. Handbook of pertinent scientific or commercial data will not increase the level of trade in Australian, New Zealand and Antarctic and assumptions relating to the wild-caught specimens or decrease the Birds. Vol. 4. Parrots to Dollarbird. , population models, and level of protection provided by CITES. Oxford University Press, Melbourne. supportive biological and ecological Public Comments Solicited International Union for Conservation information on this proposed rule. The of Nature and Natural Resources. 2002. We will accept written comments and purpose of such review is to ensure that 2002 IUCN Red List of Threatened information during this comment period we base listing decisions on Species. IUCN, Gland, Switzerland. from the public, other concerned scientifically sound data, assumptions, Juniper, T., and M. Parr. 1998. Pages governmental agencies, the scientific and analysis. To that end, we will send 365–366 in Parrots: A Guide to Parrots community, industry, or any other copies of this proposed rule to these of the World. Yale University Press, interested party. In particular, we are peer reviewers immediately following New Haven and London, pages 365– seeking comments concerning: publication in the Federal Register. (1) Biological, commercial trade, or 366. other relevant data concerning any Clarity of This Regulation Landsberg, J., C.D. James, S.R. Morton, threat (or lack thereof) to the scarlet- Executive Order 12866 requires each T.J. Hobbs, J. Stol, A. Drew, and H. chested parakeet and the turquoise agency to write regulations that are easy Tongway. 1997. The effects of artificial parakeet; to understand. We invite your sources of water on rangeland (2) Additional information concerning comments on how to make this rule biodiversity. Report to Environment the range, distribution, and population easier to understand, including answers Australia, Canberra. size of the scarlet-chested parakeet and to the following: (1) Are the Snyder, N., P. McGowan, J. Gilardi, the turquoise parakeet; requirements of the rule clear? (2) Is the and A. Grajal (eds.). 2000. Page 56 in (3) Current planned activities in the discussion of the rule in the Parrots: Status Survey and Conservation habitat and their possible impacts on Supplementary Information section of Action Plan 2000–2004. IUCN, Gland, the scarlet-chested parakeet and the the preamble helpful to understanding Switzerland and Cambridge, U.K., 180p. turquoise parakeet; and the rule? (3) What else could we do to Vriends, M.M. 2000. The five popular (4) Impacts on the species caused by make the rule easier to understand? Australian grass parakeets. The AFA removing them from the List of Watchbird 27(2):45–48. Endangered and Threatened Wildlife. National Environmental Policy Act Author Our practice is to make comments, We have determined that including names and home addresses of Environmental Assessments and The primary author of this rule is Dr. respondents, available for public review Environmental Impact Statements, as Michael D. Kreger, Division of Scientific during regular business hours. Any defined under the authority of the Authority, U.S. Fish and Wildlife persons commenting may request that National Environmental Policy Act of Service, Washington, DC 20240 (703– we withhold their home addresses, and 1969, need not be prepared in 358–1708). we will honor these requests to the connection with regulations adopted List of Subjects in 50 CFR Part 17 extent allowable by law. In some pursuant to section 4(a) of the Act of circumstances, we may also withhold a 1973, as amended. We published a Endangered and threatened species, commenter’s identity, as allowable by notice outlining our reasons for this Exports, Imports, Reporting and law. If you wish us to withhold your determination in the Federal Register recordkeeping requirements, name or address, you must state this on October 25, 1983 (48 FR 49244). Transportation. request prominently at the beginning of your comment. However, we will not References Cited Regulations Promulgation consider anonymous comments. To the Brown, P.B., M.C. Holdsworth, and We propose to amend part 17, extent consistent with applicable law, D.E. Rounsevell. 1994. Captive breeding subchapter B of chapter I, title 50 of the we will make all submissions from and release as a means of increasing the Code of Federal Regulations, as set forth organizations or businesses, and from orange-bellied population in the below:

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PART 17—[AMENDED] Salveson, Assistant Regional on the amount of quota they may hold Administrator, Sustainable Fisheries individually and in the aggregate, on the 1. The authority citation for part 17 Division, Alaska Region, NMFS, P.O. sale of QS, and the leasing of IFQ. continues to read as follows: Box 21668, Juneau, AK 99802–1668, Amendment 66 would be necessary to Authority: 16 U.S.C. 1361–1407; 16 U.S.C. Attn: Lori Durall. Comments may be 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– allow sablefish QS to be purchased and delivered in person or by courier to the held by eligible communities because 625, 100 Stat. 3500; unless otherwise noted. Federal Building, 709 West 9th St., the current FMP limits the transfer of 2. We propose to amend § 17.11(h) by Room 413–1, Juneau, AK, 99801. QS, with certain exemptions, to removing the entries for ‘‘Parakeet, Comments also may be sent via individuals and not corporate entities. scarlet-chested (Neophema splendida)’’ facsimile to (907) 586–7557, Attn: Lori The IFQ Program for Pacific halibut is and ‘‘Parakeet, turquoise (Neophema Durall. Copies of Amendment 66 to the pulchella),’’ under ‘‘BIRDS’’ from the FMP and the Environmental implemented under authority of the List of Endangered and Threatened Assessment/Regulatory Impact Review/ North Pacific Halibut Act of 1982 Wildlife. Initial Regulatory Flexibility Analysis (Halibut Act) instead of the Magnuson (EA/RIR/IRFA) prepared for this action -Stevens Act, and the Council does not Dated: August 19, 2003. have a halibut fishery management plan. Marshall P. Jones, Jr., by the Council and NMFS are available from NMFS at the above address, or by If this proposed policy change is Deputy Director, Fish and Wildlife Service. calling the Alaska Region, NMFS, at approved, however, the halibut and [FR Doc. 03–22225 Filed 8–29–03; 8:45 am] (907) 586–7228. sablefish components would be BILLING CODE 4310–55–P FOR FURTHER INFORMATION CONTACT: implemented with the same rules. Glenn Merrill, (907) 586–7228, or Amendment 66, and its companion [email protected]. regulatory amendment for halibut also is DEPARTMENT OF COMMERCE designed to comply with the Magnuson- SUPPLEMENTARY INFORMATION: The Stevens Act mandate that Regional National Oceanic and Atmospheric Magnuson-Stevens Fishery Administration Councils must take into account the Conservation and Management Act importance of fishery resources to (Magnuson-Stevens Act) requires that 50 CFR Part 679 communities in order to provide for the each regional fishery management sustained participation of such [ID 082503D] council submit any FMP or FMP communities, and to the extent amendment it prepares to the Secretary practicable, minimize adverse economic RIN 0648–AQ98 of Commerce (Secretary) for review and impacts on such communities. approval, disapproval, or partial Fisheries of the Exclusive Economic Public comments are being solicited Zone off Alaska; Individual Fishing approval. The Magnuson-Stevens Act on the amendment through the end of Quota Program; Community Purchase also requires that the Secretary, upon receiving an FMP, immediately publish the comment period (see DATES). A AGENCY: National Marine Fisheries a notice in the Federal Register that the proposed rule that would implement the Service (NMFS), National Oceanic and FMP or amendment is available for amendment may be published in the Atmospheric Administration (NOAA), public review and comment. Federal Register for public comment Commerce. Amendment 66 was adopted by the following NMFS’ evaluation under ACTION: Notice of Availability; request Council in April 2002. If approved by Magnuson-Stevens Act procedures. All for comments. NMFS, this amendment would allow comments received by the end of the certain remote communities to designate comment period whether specifically SUMMARY: The North Pacific Fishery non-profit entities to purchase and hold directed to the amendment or the Management Council (Council) has QS and lease the resulting IFQ to proposed rule, will be considered in the submitted Amendment 66 to the Fishery community residents. To be eligible for approval/disapproval decision on the Management Plan for Groundfish of the this community purchase program, a amendment. To be considered in the Gulf of Alaska (FMP). This amendment community would have to have of approval/disapproval decision on the would modify the Individual Fishing population of less than 1,500 people, no amendment, comments must be Quota (IFQ) Program by revising the road access to larger communities, and received by the close of business on the definition of an eligible quota share have direct access to marine waters of last day of the comment period on the holder to allow eligible communities in the GOA. Further, the Council amendment; that does not mean the Gulf of Alaska (GOA) to purchase determined which communities would postmarked or otherwise transmitted by and hold sablefish quota share (QS) for meet these criteria and this list of that date. lease to and use by community eligible communities would be specified Dated: August 27, 2003. residents. in the implementing rules. A non-profit DATES: Comments on Amendment 66 entity of an eligible community also Bruce C. Morehead, must be received at the following would have to meet criteria to receive Acting Director, Office of Sustainable address by November 3, 2003. QS by transfer and would have to Fisheries, National Marine Fisheries Service. ADDRESSES: Comments on the FMP submit annual reports. These non-profit [FR Doc. 03–22343 Filed 8–29–03; 8:45 am] amendment may be mailed to Sue entities would be subject to restrictions BILLING CODE 3510–22–S

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