Federal Register / Vol. 69, No. 73 / Thursday, April 15, 2004 / Notices 19975

Federalism implications as that term is should be addressed to Keith Schultz, steelhead 4(d) rule (65 FR 42422, July defined in Executive Order 13132. Sustainable Fisheries Division, National 10, 2000) specifies categories of Marine Fisheries Service, 7600 Sand activities that contribute to the Administrative Procedure Act/ Point Way NE, Seattle, Washington conservation of listed salmonids or are Regulatory Flexibility Act 98115-0070, or faxed to (206) 526–6736. governed by a program that adequately Prior notice and an opportunity for Comments on this proposed evaluation limits impacts on listed salmonids, and public comments are not required by the may be submitted by e-mail. The sets out the criteria for such activities. Administrative Procedure Act or any mailbox address for providing e-mail The rule further provides that the other law for notices concerning grants, comments is prohibitions of paragraph (a) of the rule benefits, and contracts (5 U.S.C. [email protected]. Include in do not apply to actions undertaken in 553(a)(2)). Because notice and the subject line the following document compliance with a resource opportunity for comment are not identifier: ‘‘PSHARVEST proposed management plan developed jointly required pursuant to 5 U.S.C. 553 or any evaluation’’. The document is also within the continuing jurisdiction of other law, the analytical requirements of available on the internet at United States v. Washington by the the Regulatory Flexibility Act (5 U.S.C. www.nwr.noaa.gov/1sustfsh/limit6/ Puget Sound Treaty Tribes and the State 601 et seq.) are inapplicable. Therefore, lmt6sbmt.htm. of Washington (joint plan) and a regulatory flexibility analysis has not determined by the Secretary to be in been prepared. FOR FURTHER INFORMATION CONTACT: Susan Bishop, Puget Sound Team accordance with the provisions of 50 Dated: April 9, 2004. Leader, at phone number: (206) 526- CFR sec. 223.203(b)(6). Mary Pleffner, 4587, or e-mail: [email protected]. Dated: March 30, 2004. Acting Assistant Secretary for Economic SUPPLEMENTARY INFORMATION: This Susan Pultz, Development. notice is relevant to the Puget Sound Acting Chief, Endangered Species Division, [FR Doc. 04–8547 Filed 4–14–04; 8:45 am] chinook salmon (Oncorhynchus Office of Protected Resources, National BILLING CODE 3510–24–P tshawytscha) Evolutionarily Significant Marine Fisheries Service. Unit (ESU). [FR Doc. 04–8115 Filed 4–14–04; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE Background National Oceanic and Atmospheric The Puget Sound Treaty Tribes and Administration the Washington Department of Fish and DEPARTMENT OF COMMERCE Wildlife have provided to NMFS a [I.D. 032604B] jointly developed Resource Management National Oceanic and Atmospheric Plan for Puget Sound chinook salmon. Administration Endangered and Threatened Species; The RMP encompasses fisheries within Take of Anadromous Fish [I.D. 020304D] the area defined by the Puget Sound AGENCY: National Marine Fisheries Chinook Salmon ESU, as well as the Endangered and Threatened Species; Service (NMFS), National Oceanic and western Strait of Juan de Fuca, which is Establishment of Species of Concern Atmospheric Administration (NOAA), not within the ESU. Harvest objectives List, Addition of Species to Species of Commerce. specified in the RMP account for Concern List, Description of Factors ACTION: Notice of availability and fisheries-related mortality throughout for Identifying Species of Concern, and request for comment. the migratory range of Puget Sound Revision of Candidate Species List chinook salmon from Oregon and Under the Endangered Species Act SUMMARY: The Puget Sound Treaty Washington to Southeast Alaska. The AGENCY: Tribes and the Washington Department RMP also includes implementation, National Marine Fisheries of Fish and Wildlife submitted to monitoring and evaluation procedures Service (NMFS), National Oceanic and NMFS, pursuant to the protective designed to ensure fisheries are Atmospheric Administration (NOAA), regulations promulgated for Puget consistent with these objectives. Commerce. Sound chinook salmon under the As required by Sec. 223.203(b)(6) of ACTION: Notice of establishment of Endangered Species Act (ESA), a jointly the ESA 4(d) rule (50 CFR 223.203), the species of concern list, addition of developed Resource Management Plan Secretary must determine pursuant to species to species of concern list, (RMP). The RMP specifies the future 50 CFR 223.209, and pursuant to the description of factors for identifying management of commercial, recreational government-to-government processes species of concern, and revision of and tribal salmon fisheries potentially therein, whether the RMP for Puget candidate species list. affecting listed Puget Sound chinook Sound chinook salmon would SUMMARY: NMFS establishes a species of salmon from May 1, 2004, through April appreciably reduce the likelihood of concern list, places 45 species on this 30, 2010. This document serves to notify survival and recovery of the Puget list, describes the factors it will consider the public of the availability for Sound chinook salmon and other when identifying species of concern, comment of the proposed evaluation of affected threatened ESUs. The Secretary and revises the candidate species list. the Secretary of Commerce (Secretary) must consider how the RMP addresses NMFS also solicits information and as to how the RMP addresses the criteria the criteria in Sec. 223.203(b)(4) in comments concerning the status of, in the ESA. making that determination. DATES: Written comments on the research and stewardship opportunities Secretary’s proposed evaluation must be Authority for, and the factors for identifying received at the appropriate address or Under section 4(d) of the ESA, 16 species of concern. fax number (see ADDRESSES) no later U.S.C. 1533(d), the Secretary is required DATES: These actions are effective on than 5 p.m. Pacific Daylight Time on to adopt such regulations as he deems April 15, 2004. May 17, 2004. necessary and advisable for the ADDRESSES: Send comments and ADDRESSES: Comments and requests for conservation of the species listed as documentation regarding the status of copies of the proposed evaluation threatened. The ESA salmon and any species of concern to the Chief of

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Endangered Species, NMFS, Office of meaning while still maintaining a can be viewed on our web site: http:// Protected Resources, 1315 East-West publicly available list of other species of www.nmfs.noaa.gov/pr/species/concern. Highway, F/PR3, Silver Spring, MD concern, NMFS is establishing a Species The factors discussed above were 20910. Comments may also be of Concern list, transferring 25 species considered in previous revisions of submitted by e-mail. The mailbox from the candidate species list to this NMFS’ candidate species list, though address for providing e-mail comments list, placing 20 additional species on they were not published until 1997 (62 is [email protected]. Include in the this list, and removing 12 other species FR 37560; July 14, 1997). They were subject line of the e-mail comment the from the candidate species list. This also considered in identifying the following document identifier: Species will clarify that NMFS has concerns or species of concern. NMFS will hereafter of Concern List. insufficient information about species of consider these factors for future FOR FURTHER INFORMATION CONTACT: concern, but is not actively considering revisions of the species of concern list. Marta Nammack at (301)713–1401, ext. listing them under the ESA. The weight given to certain factors may 180, [email protected]. NMFS will hereafter limit use of the differ among species. When data are term ‘‘candidate species’’ to refer to (1) SUPPLEMENTARY INFORMATION: The incomplete for any factor, as is often the species that are the subject of a petition regulations implementing section 4 of case, it may still be appropriate to add to list and for which NMFS has the ESA (5 U.S.C. 1533) define a species to the species of concern list determined that listing may be ‘‘candidate’’ as ‘‘any species being when there are existing threats. NMFS warranted, pursuant to section will review the best available considered by the Secretary [of 4(b)(3)(A), and (2) species for which Commerce or Interior] for listing as an information for the relevant factors and NMFS has determined, following a threats on a case by case basis and use endangered or a threatened species, but status review, that listing is warranted not yet the subject of a proposed rule’’ its best professional judgment in (whether or not they are the subject of deciding whether a species or (50 CFR 424.02). Such a designation a petition). This limited use of the term does not confer any procedural or population should be considered a is consistent with NMFS’ regulatory species of concern. NMFS may conduct substantive protections of the ESA on ‘‘ definition of candidate species.’’ NMFS ESA status reviews on each species of the candidate species. ‘‘ will use the term species of concern’’ concern as agency resources permit. In the past, NMFS also has placed to identify species about which NMFS species on its candidate species list for has some concerns regarding status and Species of Concern other reasons. In particular, NMFS has threats, but for which insufficient Applying the factors described above, used this list to: (1) identify species information is available to indicate a NMFS has transferred 25 candidate potentially at risk; (2) increase public need to list the species under the ESA. species to the species of concern list and awareness about those species; (3) This may include species for which identified 20 additional species as identify data deficiencies and NMFS has determined, following a species of concern. Twelve additional uncertainties in species’ status and biological status review, that listing species are removed from the candidate threats; (4) stimulate cooperative under the ESA is ‘‘not warranted,’’ species list. Rationale for identifying the research efforts to obtain the pursuant to ESA section 4(b)(3)(B)(i), following species of concern is available information necessary to evaluate but for which significant concerns or at http://www.nmfs.noaa.gov/pr/ species status and threats; and (5) foster uncertainties remain regarding their species/concern. Table 1 at the end of voluntary efforts to provide stewardship status and/or threats. Species can for the species before an ESA listing as qualify as both species of concern and this Notice lists the species of concern. threatened or endangered becomes candidate species. This discussion is Two species of concern are also warranted. Other NMFS candidate limited to species under NMFS considered to be candidate species species are those for which an ESA jurisdiction and does not apply to the because they are undergoing status biological status review has determined regulatory practices of the U.S. Fish and reviews in response to an ESA petition that listing under the ESA is ‘‘not Wildlife Service. to list them. warranted’’ under section 4(b)(3)(B)(i) In some cases, vertebrate populations but for which significant concerns or Factors for Identifying Species of may be ‘‘species of concern’’ even uncertainties remain regarding their Concern though a determination on whether they biological status and/or threats. In fact, In previous revisions of its candidate qualify as ‘‘species’’ under the ESA has the majority of NMFS’ candidate species species list, NMFS identified candidate not yet been made. The ESA defines are not being considered actively for species by considering their biological species as including ‘‘any subspecies of listing under the ESA. Rather, they have status, determined by both demography fish or wildlife or plants, and any been identified as candidates because of and genetic composition of the species. distinct population segment of any concerns or great uncertainties Demographic concerns would occur species of vertebrate fish or wildlife regarding biological status and threats. when there is a significant decline in which interbreeds when mature.’’ Two The last version of the candidate species abundance or range from historical policies describe the criteria for list was published in 1999 (64 FR levels, and genetic concerns included identifying distinct population segments 33466; June 23, 1999). outbreeding and inbreeding depression (DPS): NMFS’ Policy on Applying the NMFS recognizes that using the resulting from poor hatchery practices Definition of Species Under the [ESA] to candidate species list for these broader or substantially reduced numbers of Pacific Salmon (criteria for purposes may give the inaccurate natural individuals. NMFS will consider evolutionarily significant units (ESUs) impression that all these species are these demographic and genetic diversity of Pacific salmon) (56 FR 58612, being considered for listing under the concerns, as further elaborated by the November 20, 1991); and NMFS’ and ESA. At the same time, there is value in following factors, in identifying species U.S. Fish and Wildlife Service’s (FWS) publicly identifying species that, of concern: abundance and productivity; joint Policy Regarding the Recognition although they are not being considered distribution; and life-history of Distinct Vertebrate Population for listing, are nevertheless of concern characteristics. These factors will be Segments Under the ESA (61 FR 4722, for reasons identified above. To restore considered with regard to existing February 7, 1996). In general, NMFS the candidate species list to its original threats. More details on these factors will determine whether a population

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satisfies the criteria for a DPS after endangered Gulf of Maine DPS listing species of concern and a candidate conducting an ESA status review. (65 FR 69459; November 17, 2000), species. NMFS may conduct status reviews on mangrove rivulus (Rivulus marmoratus), The 15 new species of concern for species that are not the subject of a saltmarsh topminnow (Fundulus which status reviews have not yet been petition. As with a petitioned species, jenkinsi), opossum pipefish (Microphis initiated are: thorny skate (Raja radiata), initiation of a status review does not brachyurus lineatus), goliath rainbow smelt (east coast) (Osmerus mean that an ESA listing is imminent. (Epinephelus itijara, formerly the mordax), cusk (Brosme brosme), striped Even after a status review has been jewfish, officially changed by the croaker (Bairdiella sanctaeluciae), American Fisheries Society on January conducted, it is possible that the humphead wrasse (Cheilinus 24, 2001), Nassau grouper (Epinephelus available information will be undulatus), bumphead parrotfish striatus), black abalone (Haliotis insufficient to make a determination on (Bolbometopon muricatum), Atlantic the status of the species. In such cases, cracherodii), elkhorn (Acropora wolffish (Anarhichas lupus), cowcod NMFS will continue gathering new palmata), and staghorn coral (Acropora (Sebastes levis), Atlantic halibut information as it becomes available, and cervicornis). The Lower Columbia River (Hippoglossus hippoglossus), the species may become or remain a coho salmon (Oncorhynchus kisutch) inarticulate brachiopod (Lingula reevii), species of concern. ESU (was the Southwest Washington/ Lower Columbia River coho salmon pink abalone (Haliotis corrugata), green Identifying 45 Species of Concern ESU until results of an earlier status abalone (Haliotis fulgens), pinto abalone (Haliotis kamtschatkana), Hawaiian Transferring 25 Candidate Species to review indicated that the Lower coral (Montipora dilitata), and ivory the Species of Concern List Columbia River coho salmon population was an ESU) is undergoing a status bush coral ( varicosa). NMFS transfers 25 species from the review in response to a petition (65 FR most recently published candidate Removing 12 Species From the 66221, November 3, 2000) and, Candidate Species List species list (64 FR 33466; June 23, 1999) therefore, qualifies as both a species of to the Species of Concern list. See the concern and a candidate species. In addition to the 25 species cited Federal Register notices for Six other species from the 1999 transferred from the candidate species details. candidate species list not yet list to the species of concern list, NMFS Four of these species underwent undergoing status reviews will now be status reviews that resulted in ‘‘not has removed 12 species from the considered species of concern instead: candidate species list. NMFS reviewed warranted’’ findings under ESA section Atlantic sturgeon (Acipenser 4(b)(3)(B)(i) and were identified as the status of the following eight species/ oxyrhynchus oxyrhynchus), Puget populations pursuant to petitions to list, candidate species because of remaining Sound/Strait of Georgia coho salmon concerns and uncertainties. These made ‘‘not warranted’’ determinations, (Oncorhynchus kisutch) ESU, Oregon and removed them from the candidate species now meet the definition of Coast steelhead (Oncorhynchus mykiss) species of concern instead: Cook Inlet species list: Gulf of Maine harbor ESU, key silverside (Menidia porpoise (Phocoena phocoena) (64 FR beluga whale (Delphinapterus leucas) conchorum), (65 FR 38778; June 22, 2000), barndoor 480; January 5, 1999), Puget Sound (Epinephelus drummondhayi), and Pacific herring (Clupea pallasi) (66 FR skate (Raja laevis) (67 FR 61055; warsaw grouper (Epinephelus nigritus). September 27, 2002), Georgia Basin 17659; April 13, 2001), Klamath Pacific hake (Merluccius productus) Adding 20 Other Species of Concern Mountains Province ESU of steelhead (Oncorhynchus mykiss) (66 FR 17845; DPS (65 FR 70514; November 24, 2000), NMFS has identified 20 other species April 4, 2001), Puget Sound Pacific cod and bocaccio (Sebastes paucispinis) (67 of concern. Four of these species (Gadus macrocephalus) (65 FR 70514; FR 69704; November 19, 2002). (northern and southern DPSs of green November 24, 2000), Puget Sound In addition, NMFS denied a petition sturgeon (Acipenser medirostris), 68 FR to list the largetooth sawfish (Pristis 4,433, January 29, 2003; white marlin walleye pollock (Theragra pristis) without conducting a status (Tetrapturus albidus), 67 FR 57204, chalcogramma) (65 FR 70514; review because the petition did not September 9, 2002, and Central Valley November 24, 2000), and Puget Sound present sufficient information indicating fall and late fall-run chinook salmon brown (Sebastes auriculatus), copper (S. that listing may be warranted; however, ESU (Oncorhynchus tshawytscha), 64 caurinus), and quillback rockfish (S. because NMFS was concerned about the FR 50394, September 16, 1999) maliger) (66 FR 17659; April 13, 2001). status of this species, it was added to underwent status reviews after NMFS Three species were listed as threatened the candidate species list (65 FR 12959; received petitions to list them. NMFS or endangered after status reviews were March 10, 2000). It no longer considered found that none of these species conducted: smalltooth sawfish (Pristis a candidate species, but it meets the warranted listing as threatened or pectinata) (68 FR 15674; April 1, 2003), definition of a species of concern, as endangered under the ESA, but Northern California steelhead those concerns still remain. sufficient concerns remained to justify (Oncorhynchus mykiss) ESU (65 FR Fourteen other species of concern that adding them to the candidate species 36074; June 7, 2000) and white abalone were on NMFS’ 1999 candidate species list. The last revision of the candidate (Haliotis sorenseni) (66 FR 29046; May list are currently undergoing status species list was published before these 29, 2001). Finally, NMFS turned reviews. Thirteen of these status reviews determinations were made, so these jurisdiction of searun cutthroat trout were initiated by NMFS and not in species never appeared in a published (Oncorhynchus clarki) over to FWS; response to a petition and therefore do list of candidate species. Now these therefore, the Oregon Coastal ESU of not qualify as candidate species: dusky species qualify as species of concern, searun cutthroat trout is no longer a shark (Carcharhinus obscurus), sand but not candidate species. One NMFS candidate species (65 FR 21376; tiger shark (Odontaspis taurus), night additional species (Oregon Coast coho April 21, 2000). shark (Carcharinus signatus), Alabama salmon ESU (Oncorhynchus kisutch)) is Two species remain on NMFS’ shad (Alosa alabamae), Atlantic salmon currently undergoing a status review as candidate species list: the Lower (Salmo salar) populations in the Gulf of a result of a new petition (67 FR 48601, Columbia River coho salmon ESU and Maine that were not included in the July 25, 2002) and is therefore both a the Oregon Coast coho salmon ESU.

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Species of Concern Table scientific name, the family name, and for, and the factors NMFS considers in the area of concern. This area denotes identifying species of concern (see Table 1 below contains a complete list the general geographic boundaries of the ADDRESSES). This information will of NMFS’ species of concern. Any species or the vertebrate population for help guide NMFS in: future revisions of species of concern identified after this which concern has been expressed. the species of concern list, allocation of revision will be listed on our web page Results of status reviews may narrow resources for species of concern, and (http://www.nmfs.noaa.gov/pr/species/ the geographic areas or populations of further refinement of the factors concern) and not published in the concern in the future. It is important to considered in identifying species of Federal Register. If the species is note that the species of concern list is concern. There is no deadline for undergoing a status review, this will limited by the information available. submitting such information. also be noted. Information on candidate species will be available on the same Comments Solicited Dated: April 7, 2004. web site. NMFS solicits information on the Wanda L. Cain, In Table 1, the common name appears biology of and threats to, relevant Acting Deputy Director, Office of Protected as the first entry followed by the research and stewardship opportunities Resources, National Marine Fisheries Service.

TABLE 1 - SPECIES OF CONCERN LIST

Common Name Scientific Name Family Area of Concern1

Marine Mammals beluga whale2,3 Delphinapterus leucas Monodontidae Pacific-AK (Cook Inlet population). Fishes dusky shark2 Carcharhinus obscurus Carcharhinidae Atlantic, -Western North Atlantic DPS. sand tiger shark2 Odontaspis taurus Odontaspididae Atlantic, Gulf of Mexico. night shark2 Carcharinus signatus Carcharhinidae Atlantic, Gulf of Mexico. largetooth sawfish2 Pristis pristis Pristidae Atlantic-TX, FL. barndoor skate2,3 Raja laevis Rajidae Atlantic-Newfoundland, Canada to Cape Hat- teras, NC. thorny skate Raja radiata Rajidae Atlantic-West Greenland to NY Atlantic sturgeon2 Acipenser oxyrhynchus Acipenseridae Atlantic-Labrador to St. Johns R., FL; anad- oxyrhynchus romous. green sturgeon3 Acipenser medirostris Acipenseridae Pacific-northern DPS (including coastal spawning populations from the Eel River north, to the Klamath and Rogue rivers) and southern DPS (includes Sacramento River spawning popu- lation); anadromous. Alabama shad2 Alosa alabamae Clupeidae Gulf of Mexico-AL, FL, anadromous. coho salmon2 Oncorhynchus kisutch Salmonidae Pacific-Puget Sound/Strait of Georgia,2 Lower Columbia River,2, 4 and Oregon Coast4 coho ESUs; anadromous. steelhead trout2 Oncorhynchus mykiss Salmonidae Pacific-OR Coast ESU;2 anadromous. chinook salmon3 Oncorhynchus tshawytscha Salmonidae Pacific-Central Valley fall and late fall-run ESU Atlantic salmon2 Salmo salar Salmonidae Atlantic-Gulf of Maine (other populations in streams and rivers within the range of the list- ed Gulf of Maine Atlantic salmon DPS); anad- romous. rainbow smelt Osmerus mordax Osmeridae Atlantic-Labrador to NJ; anadromous. cusk Brosme brosme Gadidae Atlantic-Gulf of Maine. Pacific hake2,3 Merluccius productus Gadidae Pacific-Georgia Basin DPS. mangrove rivulus2 Rivulus marmoratus Aplocheilidae Atlantic-FL, estuarine. saltmarsh topminnow2 Fundulus jenkinsi Cyprinodontidae Atlantic-TX, LA, MS, AL, FL. key silverside2 Menidia conchorum Atherinidae Atlantic- Keys. opossum pipefish2 Microphis brachyurus lineatus Syngnathidae Atlantic-Florida (Indian River Lagoon). striped croaker Bairdiella sanctaeluciae Sciaenidae Atlantic-FL, Antilles and from Costa Rica to Guyana. humphead wrasse Cheilinus undulatus Labridae Indo-Pacific-Red Sea to the Tuamotus, north to the Ryukyus, east to Wake Islands, south to New Caledonia, throughout Micronesia; in- cludes U.S. territories of Guam and American Samoa. bumphead parrotfish Bolbometopon muricatum Scaridae Indo-Pacific-Red Sea and East Africa to the Line Islands and Samoa; north to Yaeyama, south to the Great Barrier Reef and New Caledonia; Paulau, Caroline, Mariana in Micronesia; in U.S. it occurs in Guam, American Samoa, CNMI and the Pacific Remote Island Areas (Wake Islands). Atlantic wolffish Anarhichas lupus Anarhichadidae Atlantic-Georges Bank and western Gulf of Maine. white marlin3 Tetrapturus albidus Istiophoridae Atlantic. cowcod Sebastes levis Scorpaenidae Pacific-Central OR to central Baja California and Guadalupe Island, Mexico. bocaccio2,3 Sebastes paucispinis Scorpaenidae Pacific-Southern DPS (Northern CA to Mexico).

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TABLE 1 - SPECIES OF CONCERN LIST—Continued

Common Name Scientific Name Family Area of Concern1

Atlantic halibut Hippoglossus hippoglossus Pleuronectidae Atlantic-Labrador to southern New England. speckled hind2 Epinephelus drummondhayi Serranidae Atlantic-NC to Gulf of Mexico. goliath grouper2 Epinephelus itijara Serranidae Atlantic-NC southward to Gulf of Mexico. warsaw grouper2 Epinephelus nigritus Serranidae Atlantic-MA southward to Gulf of Mexico. Nassau grouper2 Epinephelus striatus Serranidae Atlantic-NC southward to Gulf of Mexico. Brachiopoda inarticulate brachiopod Lingula reevii Lingulidae Pacific-Hawaii, only Kaneohe Bay. Mollusks pink abalone Haliotis corrugata Haliotidae Pacific-Point Conception, CA, to Bahia de Tortuga, Baja California. black abalone2 Haliotis cracherodii Haliotidae Pacific-OR, CA, Baja California. green abalone Haliotis fulgens Haliotidae Pacific-Point Conception, CA, to Bahia Magdalena, Baja California. pinto abalone Haliotis kamtschatkana Haliotidae Pacific-Sitka, AK, to Point Conception, CA. Anthozoans () elkhorn coral2 Acropora palmata Acroporidae western Atlantic-Caribbean. staghorn coral2 Acropora cervicornis Acroporidae western Atlantic- Caribbean. Hawaiian reef coral Montipora dilitata Acroporidae Pacific-Hawaii (Kaneohe Bay, Midway atoll, and Maro Reef). ivory bush coral Oculina varicosa Atlantic-West Indies, Bermuda, NC, FL, Gulf of Mexico, Caribbean. 1 Defines the general geographic area or populations of concern for the species. 2 Formerly on 1999 candidate species list 3 Status review has been conducted, ‘‘not warranted’’ finding resulted, but concerns still remain. 4 Also considered a candidate species because it is undergoing a status review in response to a petition to list. DPS = distinct population segment, which is a species for purposes of the ESA. ESU = evolutionarily significant unit, which is a DPS or species for purposes of the ESA

[FR Doc. 04–8593 Filed 4–14–04; 8:45 am] VMS units and providers for use in updates by contacting the Southeast BILLING CODE 3510–22–S these Atlantic HMS fisheries, and Enforcement Division VMS staff, phone supercedes all previous type approval 727–570–5344, fax 727–570–5355. notices for the Atlantic HMS Fisheries. SUPPLEMENTARY INFORMATION: The list of DEPARTMENT OF COMMERCE ADDRESSES: To obtain copies of the list satellite transceivers and of NOAA-approved VMS mobile communications service providers National Oceanic and Atmospheric transmitting units and VMS approved for use in the Atlantic HMS Administration communications service providers, or to fisheries is provided below. Activation [I.D. 030304C] obtain information regarding the status guidelines are also provided for each of VMS systems being evaluated by unit or service listed in this notice. Vessel Monitoring Systems (VMS); NOAA for approval, write to NOAA I. VMS Mobile Transceiver Units Approved Mobile Transmitting Units Fisheries, Office for Law Enforcement for Use in all of the Atlantic Highly (OLE), 8484 Georgia Avenue, Suite 415, A. Inmarsat-C Transceivers Migratory Species (HMS) Fisheries Silver Spring, MD 20910. The Inmarsat-C satellite Requiring VMS Completed activation forms must be communications VMS transmitting AGENCY: National Marine Fisheries sent to NOAA Enforcement, Koger units that meet the minimum technical Service (NMFS), National Oceanic and Building, Room 130, 9721 Executive requirements for the Atlantic HMS Atmospheric Administration (NOAA), Center Drive North, St. Petersburg, FL Fisheries are the Thrane & Thrane Commerce. 33702, or faxed to 727–570–5355. Fishery ‘‘Capsat’’ (part number TT– For service provider contact ACTION: Notification of NOAA-approved 3022D-NMFS) and the Thrane & Thrane information see the SUPPLEMENTARY VMS. Fishery ‘‘Mini-C’’ (part number TT– INFORMATION section of this notice under 3026–NMFS); Trimble Galaxy TNL7005 SUMMARY: This document provides the heading ‘‘VMS Provider Addresses.’’ (part number 17760–45) with software notice of VMS approved by NOAA for FOR FURTHER INFORMATION CONTACT: For v5.1; and Trimble Galaxy Courier use by vessels participating in all of the current listing information contact Mark TNL8005 (part number 30090–45) with Atlantic HMS fisheries requiring VMS Oswell, Outreach Specialist, phone: software v5.1. Both Trimble units use and sets forth relevant features of each 301–427–2300, fax: 301–427–2055. For antenna part number 25132–01 and monitoring system. A VMS is required questions regarding VMS installation, must run software version 5.1, or later. to be installed and operating on all activation forms, and status of Those vessels using earlier versions of vessels that have been issued an HMS evaluations contact Jonathan Pinkerton, Trimble software (5.0, and earlier) must permit pursuant to 50 CFR 635.4 and National VMS Program Manager, phone: contact their Trimble-Authorized that have pelagic longline gear on board. 301–427–2300, fax: 301–427–2055. For Support Dealer to upgrade to firmware In the near future, VMS will also be questions regarding VMS unit version 5.10 or 5.10a, and set the required on vessels that have a directed activation, contact Beverly Lambert, parameters equivalent to software shark limited access permit pursuant to Southeast Division VMS Program version 5.1, or later. Addresses for the 635.4 and either gillnet or bottom Manager at 727–570–5344. Thrane & Thrane distributor (LandSea longline gear on board. This notice is The public may acquire this notice, Systems) and the Trimble dealer contact necessary to provide approval of certain activation procedures, and relevant are provided in this notice under the

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