Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7671

FEDERAL COMMUNICATIONS KMGR(FM), Channel 240C1, Delta, the Station KZBQ(FM) license. The COMMISSION Utah; and College Creek Broadcasting, reference coordinates for Channel 230C LLC, permittee of Station KADQ–FM, at Pocatello are 42–51–57 NL and 112– 47 CFR Part 73 Channel 252C2 at Evanston, Wyoming 30–46 WL, located 5.6 kilometers (3.5 [DA 08–126; MB Docket No. 05–243; RM– and FM Station KRPX, Channel 237C3 miles) west of Pocatello. To 11363; RM–11364, RM–11365] at Wellington, Utah requests the accommodate Channel 260C3 at substitution of Channel 252C for Weston, we are substituting Channel Radio Broadcasting Services; Various Channel 252C2 at Evanston, Wyoming, 261C3 for Channel 261C2 at Soda Locations and modification of the Station KADQ- Spring, Idaho, reallotting Channel FM authorization. The reference 261C3 from Soda Springs, Idaho to AGENCY: Federal Communications coordinates for Channel 252C at Wilson, Wyoming, as its first local Commission. Evanston are 41–14–14 NL and 110–58– service, and modifying the Station ACTION: Final rule. 09 WL, located 3.5 kilometers (2.2 KITT(FM)’s license. The reference SUMMARY: The Audio Division amends miles) south of Evanston. To coordinates for Channel 261C3 at the FM Table of Allotments by accommodate the Evanston channel Wilson are 43–27–40 NL and 110–45–09 substituting Channel 259C for vacant substitution, we are substituting WL, located 10.8 kilometers (6.7 miles) Channel 273C at Meeteetse, Wyoming. Channel 237C3 for Channel 252C3 at southeast of Wilson. In order to Channel 259C can be allotted to Price, Utah, and modifying the Station eliminate the gray area created by the Meeteetse, Wyoming in conformity with KARB(FM) license, which in turn Wilson reallotment, we are reallotting the Commission’s Rules without a site requires the substitution of Channel Channel 297C2 from Kemmerer, restriction at reference coordinates 44– 233C3 for Channel 237C3 at Wellington, Wyoming to Shelley, Idaho, as its 09–26 NL and 108–52–15WL. Utah, and modification of the FM second local service, and modifying the Additionally, the Audio Division grants Station KRPX authorization. The Station KAOX(FM) license. The three counterproposals filed timely in reference coordinates for Channel 237C3 reference coordinates for Channel 297C2 this proceeding. See SUPPLEMENTARY at Price are 39–36–33 NL and 110–48– at Shelley are 43–02–00 NL and 111– INFORMATION, supra. 50 WL, located 1.1 kilometers (0.7 55–34 WL, located 41.8 kilometers (26 DATES: Effective March 3, 2008. miles) north of Price. The reference miles) south of Shelley. To facilitate the coordinates for Channel 233C3 at Shelley reallotment, we are substituting ADDRESSES: Secretary, Federal Wellington are 39–30–41 NL and 110– Channel 300C1 for Channel 296C1 at Communications Commission, 445 45–54 WL, located 4.3 kilometers (2.7 Idaho Falls, Idaho, and modifying the Twelfth Street, SW., Washington, DC miles) southwest of Wellington. In order Station KEQO(FM)’s license and 20554. to allot Channel 233C3 at Wellington, substituting Channel 223C1 for Channel FOR FURTHER INFORMATION CONTACT: we are substituting Channel 239C for 223C3 at Naples, Utah, reallotting Rolanda F. Smith, Media Bureau, (202) vacant Channel 233C at Salina, Utah, Channel 223C1 from Naples, Utah, to 418–2180. which in turn requires the substitution Diamondville, Wyoming and modifying SUPPLEMENTARY INFORMATION: This is a of Channel 240C0 for Channel 240C1 at the Station KCUA(FM) license. The summary of the Commission’s Report Delta, Utah, reallotting Channel 240C0 reference coordinates for Channel 300C1 and Order, MB Docket No. 05–243, from Delta to Randolph, Utah, as its at Idaho Falls are 43–46–04 NL and adopted January 16, 2008, and released second local service, and modifying the 111–57–57 WL, located 33.9 kilometers January 18, 2008. The full text of this Station KMGR(FM) license. The (21.1 miles) north of Idaho Falls. The Commission decision is available for reference coordinates for Channel 239C reference coordinates for Channel 223C1 inspection and copying during normal at Salina are 38–50–58 NL and 112–00– at Diamondville are 41–54–14 NL and business hours in the Commission’s 28 WL, located 17.6 kilometers (11 110–31–06 WL, located 13.9 kilometers Reference Information Center, 445 miles) southwest of Salina. The (8.6 miles) north of Diamondville. In Twelfth Street, SW., Washington, DC reference coordinates for Channel 240C0 order to allot Channel 223C1 to 20554. The complete text of this at Randolph are 41–56–46 NL and 111– Diamondville, we are substituting decision may also be purchased from 00–04 WL, located 34.5 kilometers (21.5 Channel 223A for Channel 223C2 at the Commission’s duplicating miles) northeast of Randolph. To South Jordan, Utah, and modifying the contractor, Best Copy and Printing, Inc., accommodate the Randolph reallotment, Station KUUU(FM) license. The 445 12th Street, SW., Room CY–B402, we are substituting Channel 260C3 for reference coordinates of Channel 223A Washington, DC 20554, telephone 1– Channel 240A at Weston, Idaho, and at South Jordan are 40–27–11 NL and 800–378–3160 or http:// modifying the Station KLZX(FM) 111–56–36 WL, located 12.2 kilometers www.BCPIWEB.com. The Commission license. The reference coordinates for (7.6 miles) south of South Jordan. will send a copy of this Report and Channel 260C3 at Weston are 41–52–18 Moreover, we are substituting Channel Order in a report to be sent to Congress NL and 111–48–31 WL, located 23.2 255C2 for Channel 253C2 at Roosevelt, and the Government Accountability kilometers (14.4 miles) southwest of Utah, reallotting Channel 255C2 from Office pursuant to the Congressional Weston. The Channel 260C3 at Weston Roosevelt, Utah, to Naples, Utah, to Review Act, see 5 U.S.C. 801(a)(1)(A). requires the substitution of Channel prevent removal of Naples’ sole local The first counterproposal filed jointly 228C for Channel 260C at Burley, Idaho, service, and modifying the Station by Millcreek Broadcasting, LLC, and modification of Station KZDX(FM)’s KIFX(FM) license. The reference licensee of Station KUUU(FM), Channel license to facilitate this change. The coordinates of Channel 255C2 at Naples 223C2, South Jordan, Utah; Simmons reference coordinates for Channel 228C are 40–33–24 NL and 109–38–08 WL, SLC, LLC, licensee of Station at Burley are 42–29–33 NL and 113–44– located 18.5 kilometers (11.5 miles) KAOX(FM), Channel 297C2, Kemmerer, 44 WL, located 6.1 kilometers (3.8 northwest of Naples. To accommodate Wyoming; 3 Point Media—Coalville, miles) southwest of Burley. In order to the Naples reallotment, we are LLC, licensee of Station KCUA(FM), allot Channel 228C at Burley, we are substituting Channel 268C3 for vacant Channel 223C3, Naples, Utah; 3 Point substituting Channel 230C for Channel Channel 255C3 at Fruita, Colorado. The Media—Delta, LLC, licensee of Station 229C at Pocatello, Idaho, and modifying reference coordinates for Channel 268C3

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at Fruita are 39–06–52 NL and 108–51– Centerville. In order to allot Channel modifying the Station KUDD(FM) 09 WL. To accommodate the Randolph 290C to Centerville, we are substituting license. The reference coordinates for reallotment, we are substituting Channel Channel 245C2 for Channel 290A at Channel 300C at Randolph are 41–04– 239C3 for Channel 239C1 at Marbleton, Vernal, Utah, and modifying Station 48 NL and 111–05–32 WL. This site is Wyoming, reallotting Channel 239C3 KLCY–FM’s license and substituting located 65.5 kilometers (40.7 miles) from Marbleton, Wyoming, to Ballard, Channel 294C for Channel 293C at south of Randolph. To accommodate Utah, as its first local service, and Spanish Fork, Utah, and modifying Channel 290C at Centerville, we are modifying the Station KFMR(FM) Station KOSY–FM’s license. The substituting Channel 286C3 for Channel authorization. The reference coordinates reference coordinates for Channel 245C2 290C3 at Thayne, Wyoming, and for Channel 239C3 at Ballard are 40–27– at Vernal are 40–32–16 NL and 109–41– modifying the Station KTYN(FM) 04 NL and 109–56–25 WL, located 18 57 WL. This site is located 17.1 authorization, which in turn requires kilometers (11.2 miles) north of Ballard. kilometers (10.7 miles) northwest of substituting Channel 243A for vacant To prevent removal of potential first Vernal. The reference coordinates for Channel 286A at Dubois, Idaho. The local service at Marbleton, we are Channel 294C at Spanish Fork are 40– reference coordinates for Channel 286C3 allotting Channel 257C1 at Marbleton, 39–34 NL and 112–12–05 WL. This site at Thayne are 43–06–18 NL and 111– Wyoming. The reference coordinates of is located 76.2 kilometers (47.4 miles) 07–17 WL. This site is located 22.7 Channel 257C1 at Marbleton are 42–19– northwest of Spanish Fork. To kilometers (14.1 miles) northwest of 28 NL and 110–19–12 WL, located 30.8 accommodate the Channel 294C to Thayne. The reference coordinates for kilometers (19.2 miles) southwest of Spanish Fork, we are substituting Channel 243A at Dubois are 44–15–50 Marbleton. Channel 296C for Channel 295C at NL and 112–09–00 WL. This site is The second counterproposal filed Brigham City, Utah, reallotting Channel located 11.6 kilometers (7.2 miles) jointly by Millcreek Broadcasting, LLC, 296C from Brigham City to Woodruff, northeast of Dubois. The allotment of licensee of Stations KNJQ(FM), Channel Utah, as the community’s second local Channel 286A at Dubois was added to 286C, Manti, Utah, KUUU(FM), Channel service, and modifying the Station the FM Table in MB Docket No. 04–427. 223C2, South Jordan, Utah, and KRAR(FM) license, which in turns See 70 FR 37289, published June 29, KUDD(FM), Channel 300C, Roy, Utah; requires reallotting Channel 297C2 from 2005. Channel 286A at Dubois was Simmon SLC, LS, LLC, licensee of Kemmerer, Wyoming to Shelley, Idaho, inadvertently removed from the FM Stations KDWY(FM), Channel 287C2, as its second local service, and Table of Allotments in MB Docket No. Diamondville, Wyoming, KAOX(FM), modifying the Station KAOX(FM) 05–210. See 72 FR 45813, published Channel 297C1, Kemmerer, Wyoming, license. The reference coordinates for August 15, 2007. To accommodate the and KRAR(FM), Channel 295C, Brigham Channel 296C at Woodruff are 40–56–07 Dubois vacant allotment, we are City, Utah; 3 Point Media-Coalville, NL and 111–00–03 WL. This site is substituting Channel 283A for Channel LLC, licensee of Station KCUA(FM), located 66.5 kilometers (41.3 miles) 243C2 at Ashton, Idaho, and modifying Channel 223C3, Naples, Utah; and south of Woodruff. The reference the Station KRID authorization. The College Creek Broadcasting, LLC, coordinates for Channel 297C2 at reference coordinates for Channel 283A permittee of FM Station KHUN, Channel Shelley are 43–02–00 NL and 111–55– at Ashton are 43–58–32 NL and 111–34– 296C2, Huntington, Utah, FM Station 34 WL, located 41.8 kilometers (26 40 WL. This site is located 14.9 KRID, Channel 243C2, Ashton, Idaho, miles) south of Shelley. To facilitate the kilometers (9.3 miles) southwest of FM Station KKWY, Channel 293C, Shelley reallotment, we are substituting Ashton. To accommodate Channel Superior, Wyoming, and Station Channel 300C1 for Channel 296C1 at 286C3 at Thayne, we are substituting KTYN(FM), Channel 290C1, Thayne, Idaho Falls, Idaho, and modifying the Channel 288C for Channel 287C2 at Wyoming requests the allotment of Station KEQO(FM) license. The Diamondville, Wyoming, reallotting Channel 285C at Milford, Utah, as its reference coordinates for Channel 300C1 Channel 288C from Diamondville, first local service and a first aural at Idaho Falls are 43–46–04 NL and Wyoming to Oakley, Utah, as the reception service to 197 persons. The 111–57–57 WL, located 33.9 kilometers community’s second local service, and reference coordinates for Channel 285C (21.1 miles) north of Idaho Falls. In modifying the Station KDWY(FM) at Milford are 38–31–11 NL and 113– order to allot Channel 296C to license. The reference coordinates for 17–07 WL. This site is located 27.6 Woodruff, we are substituting Channel Channel 288C at Oakley are 40–52–16 kilometers (17.2 miles) northwest of 297C2 for Channel 296C2 at Huntington, NL and 110–59–43 WL. This site is Milford. To accommodate this vacant Utah, and modifying the Station KHUN located 31 kilometers (19.3 miles) allotment, we are reallotting Channel authorization, which in turn requires northeast of Oakley. To prevent removal 286C from Manti to American Fork, reallotting Channel 298C from Orem to of Diamondville’s sole local service, we Utah, as the community’s first local Kaysville, Utah, as the community’s first are substituting Channel 223C1 for service, and modifying the Station local service, and modifying the Station Channel 223C3 at Naples, Utah, KNJQ(FM) license. The reference KKAT–FM license. The reference reallotting Channel 223C1 from Naples, coordinates for Channel 286C at coordinates for Channel 297C2 at Utah, to Diamondville, Wyoming and American Fork are 40–39–34 NL and Huntington are 39–10–41 NL and 111– modifying the Station KCUA(FM) 112–12–05 WL. This site is located 46.6 01–22 WL. This site is located 17.3 license. The reference coordinates for kilometers (28.9 miles) northwest of kilometers (10.7 miles) south of Channel 223C1 at Diamondville are 41– American Fork. This reallotment Huntington. The reference coordinates 54–14 NL and 110–31–06 WL, located requires the substitution of Channel for Channel 298C at Kaysville are 40– 13.9 kilometers (8.6 miles) north of 290C for Channel 289C at Centerville, 39–34 NL and 112–12–05 WL. This site Diamondville. To prevent removal of Utah and modification of the Station is located 47.3 kilometers (29.4 miles) Naples’ sole local service, we are KXRV(FM) license. The reference southwest of Kaysville. To substituting Channel 255C2 for Channel coordinates for Channel 290C at accommodate the Kaysville reallotment, 253C2 at Roosevelt, Utah, reallotting Centerville are 40–39–34 NL and 112– we are reallotting Channel 300C from Channel 255C2 from Roosevelt, to 12–05 WL. This site is located 40 Roy to Randolph, Utah, as the Naples, Utah and modifying the Station kilometers (24.9 miles) southwest of community’s second local service and KIFX(FM) license. The reference

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coordinates of Channel 255C2 at Naples Channel 263C1 at Idaho Falls are 43– KRAR(FM); Channel 297C2 in lieu of are 40–33–24 NL and 109–38–08 WL, 21–06 NL and 12–00–22 WL. The site is Channel 296C2 at Huntington, Utah for located 18.5 kilometers (11.5 miles) located 13 kilometers (8.1 miles) south Station KHUN; Channel 298C at northwest of Naples. To accommodate of Idaho Falls. Moreover, to facilitate the Kaysville, Utah in lieu of Orem, Utah for the Naples reallotment, we are Channel 232C1 substitution at Rexburg, Station KKAT–FM; Channel 300C at substituting Channel 268C3 for vacant we substituted Channel 233C0 for Randolph, Utah in lieu of Roy, Utah for Channel 255C3 at Fruita, Colorado. The Channel 233C at Logan, Utah, and Station KUDD(FM); Channel 286C3 in reference coordinates for Channel 268C3 modified the Station KVFX(FM) license lieu of Channel 290C3 at Thayne, at Fruita are 39–06–52 NL and 108–51– and substituted Channel 256C2 for Wyoming for Station KTYN(FM); 09 WL. To accommodate the Channel 232C2 at Rexburg, Idaho and Channel 283A in lieu of Channel 243C2 Diamondville reallotment, we are modified the Station KSNA(FM) license. at Ashton, Idaho for Station KRID; substituting Channel 223A for Channel The reference coordinates for Channel Channel 288C at Oakley, Utah in lieu of 223C2 at South Jordan, Utah, and 233C0 at Logan are 41–53–50 NL and Channel 287C2 at Diamondville, modifying the Station KUUU(FM) 111–57–39 WL. The site is located 20.8 Wyoming for Station KDWY(FM); license. The reference coordinates of kilometers (12.9 miles) northwest of Channel 292C in lieu of Channel 291C Channel 223A at South Jordan are 40– Logan. The reference coordinates for at Evanston, Wyoming for Station 27–11 NL and 111–56–36 WL, located Channel 256C2 at Rexburg are 43–45–20 KBMG(FM); Channel 298C1 in lieu of 12.2 kilometers (7.6 miles) south of NL and 111–57–56 WL. The site is Channel 293C1 at Superior, Wyoming South Jordan. To facilitate Channel located 16.2 kilometers (10.1 miles) for Station KKWY; Channel 232C1 in 290C to Centerville, we are substituting southwest of Rexburg. lieu of Channel 263C1 at Rexburg, Idaho Channel 292C for Channel 291C at The Media Bureau’s Consolidated for Station KBYI license; Channel 263C1 Evanston, Wyoming, and modifying the Data Base System will reflect the in lieu of Channel 256C1 at Idaho Falls, Station KBMG(FM) license, which in following FM Channel as the reserved Idaho for Station KUPI–FM license; turn requires substituting Channel assignment for the listed stations, Channel 256C2 in lieu of Channel 298C1 for Channel 293C1 at Superior, respectively: Channel 252C in lieu of 232C2 at Rexburg, Idaho for Station Wyoming, and modifying of the Station Channel 252C2 at Evanston, Wyoming KSNA(FM) license; and Channel 233C0 KKWY authorization. The reference for Station KADQ–FM; Channel 237C3 in lieu of Channel 233C at Logan, Utah coordinates for Channel 292C at in lieu of Channel 252C3 at Price, Utah for Station KVFX(FM). Evanston are 40–52–16 NL and 110–59– for Station KARB(FM); Channel 233C3 List of Subjects in 47 CFR Part 73 43 WL, located 44.2 kilometers (27.5 in lieu of Channel 237C3 at Wellington, miles) south of Evanston. The reference Utah for FM Station KRPX; Channel Radio, Radio broadcasting. coordinates for Channel 298C1 at 240C0 at Randolph, Utah in lieu of Superior are 41–25–32 NL and 109–07– Channel 240C1 at Delta, Utah for Station I As stated in the preamble, the Federal 42 WL, located 40.5 kilometers (25.1 KMGR(FM); Channel 260C3 in lieu of Communications Commission amends miles) south of Superior. Channel 240A at Weston, Idaho for 47 CFR part 73 as follows: The third counterproposal filed Station KLZX(FM); Channel 228C in jointly by Sand Hill Media Corporation, lieu of Channel 260C at Burley, Idaho PART 73—RADIO BROADCAST licensee of Station KADQ–FM, Channel for Station KZDX(FM); Channel 230C in SERVICES 232C2, Rexburg, Idaho and Sandhill lieu of Channel 229C at Pocatello, Idaho I 1. The authority citation for part 73 Media Group, LLC, license of Station for Station KZBQ(FM); Channel 261C3 continues to read as follows: KUPI–FM, Channel 256C1, Idaho Falls, at Wilson, Wyoming in lieu of Channel Idaho, requested Channel 262C2 at 261C2 at Soda Spring, Idaho for Station Authority: 47 U.S.C. 154, 303, 334, 336. Lima, Montana, as the community first KITT(FM); Channel 297C2 at Shelley, local service. However, we allotted Idaho in lieu of Kemmerer, Wyoming for § 73.202 [Amended] alternate Channel 265C2 at Lima, Station KAOX(FM); Channel 300C1 in I 2. Section 73.202(b), the Table of FM Montana, as its first local service to lieu of Channel 296C1 at Idaho Falls for Allotments under Colorado, is amended avoid the ultimate permittee of this Station KEQO(FM); Channel 223C1 at by removing Channel 255C3 and adding vacant allotment to reimburse Brigham Diamondville, Wyoming in lieu of Channel 268C3 at Fruita. Young University for its reasonable Channel 223C3 at Naples, Utah for expenses associated with changing Station KCUA(FM); Channel 223A in I 3. Section 73.202(b), the Table of FM Station KBYI’s frequency to Channel lieu of Channel 223C2 at South Jordan, Allotments under Idaho, is amended by 232C1 at Rexburg. The reference Utah for Station KUUU(FM); Channel adding Dubois, Channel 243A. coordinates for Channel 265C2 at Lima 255C2 at Naples in lieu of Channel are 44–42–58 NL and 112–40–40 WL. 253C2 at Roosevelt, Utah for Station I 4. Section 73.202(b), the Table of FM This site is located 11.2 kilometers (6.9 KIFX(FM); Channel 239C3 at Ballard, Allotments under Montana, is amended miles) northwest of Lima. Additionally, Utah in lieu of Channel 239C1 at by adding Lima, Channel 265C2. we substituted Channel 232C1 for Marbleton, Wyoming for Station Channel 263C1 at Rexburg, Idaho and KFMR(FM); Channel 286C at American I 5. Section 73.202(b), the Table of FM modifying the Station KBYI license to Fork, Utah in lieu of Manti, Utah for Allotments under Utah is amended by accommodate the substitution of Station KNJQ(FM); Channel 290C in lieu adding Milford, Channel 285C; and Channel 263C1 for Channel 256C1 at of Channel 289C at Centerville, Utah for removing Channel 233C and adding Idaho Falls, Idaho and modification of Station KXRV(FM); Channel 245C2 in Channel 239C at Salina. the FM Station KUPI license. The lieu of Channel 290A at Vernal, Utah for reference coordinates for Channel 232C1 Station KLCY–FM; Channel 294C in lieu I 6. Section 73.202(b), the Table of FM at Rexburg are 43–45–44 NL and 111– of Channel 293C at Spanish Fork, Utah Allotments under Wyoming, is amended 57–30 WL. The site is located 15.4 for Station KOSY–FM; Channel 296C at by adding Marbleton, Channel 257C1 kilometers (9.6 miles) southwest of Woodruff, Utah in lieu of Channel 295C and removing Channel 273C and adding Rexburg. The reference coordinates for at Brigham City, Utah for Station Channel 259C at Meeteetse.

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Federal Communications Commission. SUPPLEMENTARY INFORMATION: able, through training or experience, to John A. Karousos, identify a right whale. Such individuals Electronic Access Assistant Chief, Audio Division, Media include, but are not limited to, NMFS Bureau. Several of the background documents staff, U.S. Coast Guard and Navy [FR Doc. E8–2458 Filed 2–8–08; 8:45 am] for the ALWTRP and the take reduction personnel trained in whale planning process can be downloaded BILLING CODE 6712–01–P identification, scientific research survey from the ALWTRP web site at http:// personnel, whale watch operators and www.nero.noaa.gov/whaletrp/. naturalists, and mariners trained in DEPARTMENT OF COMMERCE Background whale species identification through disentanglement training or some other The ALWTRP was developed National Oceanic and Atmospheric training program deemed adequate by pursuant to section 118 of the Marine Administration NMFS. A reliable report would be a Mammal Protection Act (MMPA) to credible right whale sighting. reduce the incidental mortality and 50 CFR Part 229 On January 13, 2008, an aerial survey serious injury of three endangered reported two aggregations of right [Docket No. 080117051–8123–02] species of whales (right, fin, and whales, totaling seven individuals: four humpback) due to incidental interaction ° ′ RIN 0648–XF17 whales in the proximity of 42 37 N. with commercial fishing activities. In latitude and 70° 01′ W. longitude, and Taking of Marine Mammals Incidental addition, the measures identified in the three whales in the proximity of 42° 51′ to Commercial Fishing Operations; ALWTRP would provide conservation N. latitude and 70° 04′ W. longitude. Atlantic Large Whale Take Reduction benefits to a fourth species (minke), These positions lie northeast of Boston, Plan which are neither listed as endangered Massachusetts, and southeast of nor threatened under the Endangered Portsmouth, New Hampshire, AGENCY: National Marine Fisheries Species Act (ESA). The ALWTRP, respectively. After conducting an Service (NMFS), National Oceanic and implemented through regulations investigation, NMFS ascertained that Atmospheric Administration (NOAA), codified at 50 CFR 229.32, relies on a the report came from a qualified Commerce. combination of fishing gear individual and determined that the ACTION: Temporary rule; extension of modifications and time/area closures to report was reliable. Thus, NMFS has temporary area and gear restrictions. reduce the risk of whales becoming received a reliable report from a entangled in commercial fishing gear qualified individual of the requisite SUMMARY: The Assistant Administrator (and potentially suffering serious injury right whale density to trigger the DAM for Fisheries (AA), NOAA, announces or mortality as a result). provisions of the ALWTRP. temporary restrictions consistent with On January 9, 2002, NMFS published Once a DAM zone is triggered, NMFS the requirements of the Atlantic Large the final rule to implement the determines whether to impose Whale Take Reduction Plan’s ALWTRP’s DAM program (67 FR 1133). restrictions on fishing and/or fishing (ALWTRP) implementing regulations. On August 26, 2003, NMFS amended gear in the zone. This determination is These regulations will continue to apply the regulations by publishing a final based on the following factors, to lobster trap/pot and anchored gillnet rule, which specifically identified gear including but not limited to: the fishermen in an area totaling modifications that may be allowed in a location of the DAM zone with respect approximately 1,767 nm2 (6,061 km2), DAM zone (68 FR 51195). The DAM to other fishery closure areas, weather northeast of Boston, MA, for an program provides specific authority for conditions as they relate to the safety of additional 15 days. The purpose of this NMFS to restrict temporarily on an human life at sea, the type and amount action is to provide protection to an expedited basis the use of lobster trap/ of gear already present in the area, and aggregation of northern right whales pot and anchored gillnet fishing gear in a review of recent right whale (right whales). areas north of 40° N. lat. to protect right entanglement and mortality data. DATES: The area and gear restrictions whales. Under the DAM program, NMFS reviewed the options and were initially effective 0001 hours NMFS may: (1) require the removal of factors noted above and on January 24, January 26, 2008, through 2400 hours all lobster trap/pot and anchored gillnet 2008, published a temporary rule in the February 9, 2008. This notice extends fishing gear for a 15–day period; (2) Federal Register (73 FR 4118) to the restricted period from 0001 hours allow lobster trap/pot and anchored announce the establishment of a DAM February 10, 2008, through 2400 hours gillnet fishing within a DAM zone with zone with restrictions on anchored February 24, 2008. gear modifications determined by NMFS gillnet and lobster trap gear for a 15–day to sufficiently reduce the risk of period. On February 4, 2008, a ADDRESSES: Copies of the proposed and entanglement; and/or (3) issue an alert subsequent survey conducted over the final Dynamic Area Management (DAM) to fishermen requesting the voluntary DAM zone indicated that four whales rules, Environmental Assessments removal of all lobster trap/pot and were still present in the area northeast (EAs), Atlantic Large Whale Take anchored gillnet gear for a 15–day of Boston, MA, and the DAM zone Reduction Team (ALWTRT) meeting period and asking fishermen not to set trigger of 0.04 right whales per square summaries, and progress reports on any additional gear in the DAM zone nm (3.43 km2) continues to be met in implementation of the ALWTRP may during the 15–day period. this portion of the original DAM zone. also be obtained by writing Diane A DAM zone is triggered when NMFS Therefore, in order to further protect the Borggaard, NMFS/Northeast Region, receives a reliable report from a right whales in this DAM zone, One Blackburn Drive, Gloucester, MA qualified individual of three or more pursuant to 50 CFR 229.32(g)(3)(v), 01930. right whales sighted within an area (75 NMFS is exercising its authority to FOR FURTHER INFORMATION CONTACT: nm2 (257 km2)) such that right whale extend the restrictions on lobster trap Diane Borggaard, NMFS/Northeast density is equal to or greater than 0.04 and anchored gillnet gear for an Region, 978–281–9300 x6503; or Kristy right whales per nm2 (3.43 km2). A additional 15 day period. Long, NMFS, Office of Protected qualified individual is an individual The extended DAM Zone is bound by Resources, 301–713–2322. ascertained by NMFS to be reasonably the following coordinates:

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