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Federal Register/Vol. 68, No. 152/Thursday, August 7, 2003/Proposed Rules

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Federal Register/Vol. 68, No. 152/Thursday, August 7, 2003/Proposed Rules Federal Register / Vol. 68, No. 152 / Thursday, August 7, 2003 / Proposed Rules 46989 (iv) Location: 100-Yard Zone. All 40°51′07.9″ N, 073°48′16.8″ W, thence to ACTION: Notice of petition finding. waters of Jamaica Bay within 40°50′54.9″ N, 073°48′09.0″ W, thence to approximately 100 yards of John F. 40°50′49.7″ N, 073°48′03.6″ W, thence to SUMMARY: We, the Fish and Wildlife Kennedy Airport bound by the 40°50′50.1″ N, 073°47′57.9″ W, thence to Service (Service), announce our following points: Onshore east of Bergen 40°51′04.6″ N, 073°47′48.9″ W, thence to reconsidered 12-month finding for an Basin, Queens in approximate position 40°51′15.9″ N, 073°47′48.4″ W, thence to amended petition to list the westslope 40°38′49.0″ N, 073°49′09.1″ W, thence to 40°51′23.5″ N, 073°47′41.9″ W, (NAD cutthroat trout (WCT) (Oncorhynchus 40°38′45.1″ N, 073°49′11.6″ W, thence to 1983) thence southwesterly along the clarki lewisi) as a threatened species 40°38′02.0″ N, 073°47′31.8″ W, thence to shoreline to the point of origin. throughout its range in the United 40°37′52.3″ N, 073°47′55.0″ W, thence to (iii) Enforcement period. The zones States, pursuant to a Court order and the 40°37′50.3″ N, 073°47′53.5″ W, thence to described in paragraph (a)(9) of this Endangered Species Act (Act) of 1973, 40°38′00.8″ N, 073°47′29.4″ W, thence to section will be effective at all times. as amended. After a thorough review of 40°37′47.4″ N, 073°47′02.4″ W, thence to When port security conditions permit, all available scientific and commercial 40°37′19.9″ N, 073°47′25.0″ W, thence to the Captain of the Port will allow information, we find that listing the 40°37′10.0″ N, 073°47′03.7″ W, thence to vessels to operate within that portion of WCT as either threatened or endangered 40°37′37.7″ N, 073°46′41.2″ W, thence to the waters described in paragraph is not warranted at this time. Also 40°37′22.6″ N, 073°46′21.9″ W, thence to (a)(9)(i) that lies outside of the waters pursuant to the Court order, we assert 40°37′05.7″ N, 073°46′34.9″ W, thence to described in paragraph (a)(9)(ii). our scientifically-based conclusion 40°36′54.8″ N, 073°46′26.7″ W, thence to Authorization to enter the waters that about the extent to which it is 40°37′14.1″ N, 073°46′10.8″ W, thence to lie between the outer boundaries of the appropriate to include ‘‘hybrid’’ WCT 40°37′40.0″ N, 073°45′55.6″ W, thence to zones described in paragraphs (a)(9)(i) populations and populations of 40°38′02.8″ N, 073°44′57.5″ W, thence to and (a)(9)(ii) will be communicated by unknown genetic characteristics in the 40°38′05.1″ N, 073°45′00.3″ W, (NAD the Captain of the Port to the public by taxonomic group that we considered for 1983) thence along the shoreline to the marine broadcast, local notice to listing. point of origin. mariners, or notice posted at http:// DATES: The finding announced in this (v) Enforcement period. The zones www.harborops.com. document was made on August 1, 2003. (10) Port Newark/Port Elizabeth, described in paragraphs (a)(8) of this ADDRESSES: Data, information, section will be effective at all times. Newark Bay, NJ. All waters of Newark comments, or questions regarding this When port security conditions permit, Bay bound by the following points: ° ′ ″ ° ′ ″ document should be sent to the Chief, the Captain of the Port will allow 40 41 49.9 N, 074 07 32.2 W, thence to Branch of Native Fishes Management, 40°41′46.5″ N, 074°07′20.4″ W, thence to vessels to operate within that portion of U.S. Fish and Wildlife Service, Montana 40°41′10.7″ N, 074°07′45.9″ W, thence to the waters described in paragraph Fish and Wildlife Management 40°40′54.3″ N, 074°07′55.7″ W, thence to (a)(8)(iii) that lies outside of the waters Assistance Office, 4052 Bridger Canyon 40°40′36.2″ N, 074°08′03.8″ W, thence to described in paragraph (a)(8)(iv). Road, Bozeman, Montana 59715. The 40°40′29.1″ N, 074°08′06.3″ W, thence to Authorization to enter the waters that complete administrative file for this 40°40′21.9″ N, 074°08′10.0″ W, thence to lie between the outer boundaries of the finding is available for inspection, by 40°39′27.9″ N, 074°08′43.6″ W, thence to zones described in paragraphs (a)(8)(iii) appointment and during normal 40°39′21.5″ N, 074°08′50.1″ W, thence to and (a)(8)(iv) will be communicated by business hours, at the above address. the Captain of the Port to the public by 40°39′21.5″ N, 074°09′54.3″ W, (NAD The new petition finding, the status marine broadcast, local notice to 1983) thence northerly along the update report for WCT, the amended mariners, or notice posted at http:// shoreline to the point of origin. petition and its bibliography, our initial www.harborops.com. (11) Global Marine Terminal, Upper (9) NYPD Ammunition Depot, New York Bay. All waters of Upper New status review document and petition Rodman Neck, Eastchester Bay, NY. (i) York Bay between the Global Marine finding, related Federal Register Location: 150-Yard Zone. All waters of and Military Ocean Terminals, west of notices, the Court Order and Judgement Eastchester Bay within approximately the New Jersey Pierhead Channel. and Memorandum Opinion, and other pertinent information, may be obtained 150 yards of Rodman Neck bound by the * * * * * following points: Onshore in at our Internet Web site: http:// Dated: July 14, 2003. approximate position 40°51′30.4″ N, mountain-prairie.fws.gov/endspp/fish/ 073°48′14.9″ W, thence to 40°51′29.9″ N, C.E. Bone, wct/. 073°48′20.7″ W, thence to 40°51′16.9″ N, Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: 073°48′22.5″ W, thence to 40°51′07.5″ N, Port, New York. Lynn R. Kaeding, by e-mail 073°48′18.7″ W, thence to 40°50′54.2″ N, [FR Doc. 03–20023 Filed 8–6–03; 8:45 am] ([email protected]) or telephone 073°48′11.1″ W, thence to 40°50′48.5″ N, BILLING CODE 4910–15–P (406–582–0717). 073°48′04.6″ W, thence to 40°50′49.2″ N, SUPPLEMENTARY INFORMATION: 073°47′56.5″ W, thence to 40°51′03.6″ N, Background 073°47′47.3″ W, thence to 40°51′15.7″ N, DEPARTMENT OF THE INTERIOR 073°47′46.8″ W, thence to 40°51′23.5″ N, Section 4(b)(3)(B) of the Endangered 073°47′41.9″ W, (NAD 1983) thence Fish and Wildlife Service Species Act of 1973 (Act), as amended southwesterly along the shoreline to the (16 U.S.C. 1531 et seq.), requires that point of origin. 50 CFR Part 17 within 90 days of receipt of the petition, (ii) Location: 100-Yard Zone. All Endangered and Threatened Wildlife to the maximum extent practicable, we waters of Eastchester Bay within and Plants: Reconsidered Finding for make a finding on whether a petition to approximately 100 yards of Rodman an Amended Petition To List the list, delist, or reclassify a species Neck bound by the following points: Westslope Cutthroat Trout as presents substantial scientific or Onshore in approximate position Threatened Throughout Its Range commercial information indicating that 40°51′30.4″ N, 073°48′14.9″ W, thence to the requested action may be warranted. 40°51′30.1″ N, 073°48′19.0″ W, thence to AGENCY: Fish and Wildlife Service, The term ‘‘species’’ includes any 40°51′16.8″ N, 073°48′20.5″ W, thence to Interior. subspecies of fish or wildlife or plants, VerDate jul<14>2003 15:49 Aug 06, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\07AUP1.SGM 07AUP1 46990 Federal Register / Vol. 68, No. 152 / Thursday, August 7, 2003 / Proposed Rules and any Distinct Population Segment distribution of WCT also includes indicated that WCT then occurred in (DPS) of any species of vertebrate fish or disjunct areas draining the east slope of about 4,275 tributaries or stream reaches wildlife that interbreeds when mature. If the Cascade Mountains in Washington that collectively encompassed more the petition contains substantial (Methow River and Lake Chelan than 37,015 kilometers (km) (23,000 information, the Act requires that we drainages, and perhaps the Wenatchee miles [mi]) of stream habitat. Those initiate a status review for the species and Entiat River drainages), the John WCT were distributed among 12 major and publish a 12-month finding Day River drainage in northeastern drainages and 62 component watersheds indicating that the petitioned action is Oregon, and the headwaters of the in the Columbia, Missouri, and either: (a) Not warranted, (b) warranted, Kootenai River and several other Saskatchewan River basins. In addition, or (c) warranted but precluded from disjunct regions in British Columbia.
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