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unknown, to bring about acts that Sunford should fail to pay the civil intended to be, exported from the
constituted a violation of the penalty in a timely manner, the United States; or
Regulations when it agreed to undersigned may enter an Order E. Engage in any transaction to service
participate in the export of the furnace denying all of Sunford’s export any item subject to the Regulations that
referenced above to BRIMT in China privileges for a period of one year from has been or will be exported from the
without the Department of Commerce the date of entry of this Order. United States and which is owned,
license required by Section 744.3 of the Fourth, for a period of three years possessed or controlled by the Denied
Regulations. In furtherance of the from the date of entry of the Order, Person, or service any item, of whatever
conspiracy, Sunford and its co- Sunford Trading, Ltd., Room 2208, 22/ origin, that is owned, possessed or
conspirators agreed to conceal the F, 118 Connaught Road West, Hong controlled by the Denied Person if such
identity of the actual end-user and of Kong, China, its successors or assigns, service involves the use of any item
the item being exported in an attempt to and when acting for or on behalf of subject to the Regulations that has been
circumvent the license requirement Sunford, its officers, representatives, or will be exported from the United
described in Section 744.3 of the agents, or employees (‘‘Denied Person’’) States. For purposes of this paragraph,
Regulations. may not participate, directly or servicing means installation,
3. One violation of 15 CFR 764.2(b)— indirectly, in any way in any transaction maintenance, repair, modification or
Causing an Export to China Without the involving any commodity, software or testing.
Required Department of Commerce technology (hereinafter collectively Sixth, that, to prevent evasion of this
License. Beginning on or about referred to as ‘‘item’’) exported or to be Order, BIS, after notice and opportunity
November 23, 1998 and continuing to exported from the United States that is for comment as provided in Section
on or about July 20, 1999, Sunford subject to the Regulations, or in any 766.23 of the Regulations, may make
caused the export of the furnace other activity subject to the Regulations, any person, firm, corporation, or
described above to BRIMT in China including, but not limited to: business organization related to Sunford
without the required Department of A. Applying for, obtaining or using by affiliation, ownership, control, or
Commerce license. Specifically, Sunford any license, License Exception, or position of responsibility in the conduct
ordered, bought, financed, and/or export control document; of trade or related services subject to the
forwarded the industrial furnace B. Carrying on negotiations provisions of this Order.
described above, thereby causing the concerning, or ordering, buying, Seventh, that this Order does not
furnace to be exported to BRIMT in receiving, using, selling, delivering, prohibit any export, reexport, or other
China despite the fact that the storing, disposing of, forwarding, transaction subject to the Regulations
Department of Commerce license transporting, financing, or otherwise where the only items involved that are
required by Section 744.3 of the servicing in any way, any transaction subject to the Regulations are the
Regulations had not been obtained. involving any item exported or to be foreign-produced direct product of U.S.-
Whereas, BIS and Sunford have exported from the United States that is origin technology.
entered into a Settlement Agreement subject to the Regulations, or in any Eighth, that the charging letter, the
pursuant to Section 766.18(b) of the other activity subject to the Regulations; Settlement Agreement, this Order, and
Regulations whereby they agreed to or the record of this case as defined by
settle this matter in accordance with the C. Benefitting in any way from any Section 766.20 of the Regulations shall
terms and conditions set forth therein, transaction involving any item exported be made available to the public.
and or to be exported from the United States Ninth, that the administrative law
Whereas I have approved of the terms that is subject to the Regulations, or in judge shall be notified that this case is
of such Settlement Agreement; any other activity subject to the withdrawn from adjudication.
It is therefore ordered: Regulations. This Order, which constitutes the
First, that a civil penalty of $33,000 is Fifth, that no person may, directly or final agency action in this matter, is
assessed against Sunford, which shall be indirectly, do any of the following: effective upon publication in the
paid to the U.S. Department of A. Export or reexport to or on behalf Federal Register.
Commerce within 30 days from the date of the Denied Person any item subject to Entered this 18th day of August 2005.
of entry of this Order. Payment shall be the Regulations; Wendy Wysong,
made in the manner specified in the B. Take any action that facilitates the Acting Assistant Secretary of Commerce for
attached instructions. acquisition or attempted acquisition by Export Enforcement.
Second, that, pursuant to the Debt the Denied Person of the ownership, [FR Doc. 05–16885 Filed 8–24–05; 8:45 am]
Collection Act of 1982, as amended (31 possession, or control of any item
BILLING CODE 3510–DT–M
U.S.C. 3701–3720E (2000)), the civil subject to the Regulations that has been
penalty owed under this Order accrues or will be exported from the United
interest as more fully described in the States, including financing or other DEPARTMENT OF COMMERCE
attached Notice, and, if payment is not support activities related to a
made by the due date specified herein, transaction whereby the Denied Person National Oceanic and Atmospheric
Sunford will be assessed, in addition to acquires or attempts to acquire such Administration
the full amount of the civil penalty and ownership, possession or control;
interest, a penalty charge and an C. Take any action to acquire from or [I.D. 081905B]
administrative charge, as more fully to facilitate the acquisition or attempted Notice of Intent to Conduct Public
described in the attached Notice. acquisition from the Denied Person of Scoping Meetings and to Prepare an
Third, that the timely payment of the any item subject to the Regulations that Environmental Impact Statement
civil penalty set forth above is hereby has been exported from the United Related to the Makah Tribe’s
made a condition to the granting, States; Continuation of Treaty Right Hunting
restoration, or continuing validity of any D. Obtain from the Denied Person in
of Gray Whales
export license, license exception, the United States any item subject to the
permission, or privilege granted, or to be Regulations with knowledge or reason AGENCY: National Marine Fisheries
granted, to Sunford, Accordingly, if to know that the item will be, or is Service (NMFS), National Oceanic and
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49912 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices
Atmospheric Administration (NOAA), 3. October 11, 2005, 6:30 p.m. – 10 quota of 620 gray whales for 2003
Commerce. p.m., South Lake Union Park, 860 Terry through 2007, on the basis of a joint
ACTION: Notice; scoping meetings. Avenue North (The Naval Reserve request by the Russian Federation
Building), Seattle, WA. (approved for 600 whales) and the
SUMMARY: We intend to conduct public The meeting format has been designed United States (approved for 20 whales).
scoping meetings to gather information so that the public can constructively The United States’ request was made on
to prepare an Environmental Impact assist NMFS in development of the draft behalf of the Makah. On March 6, 2003
Statement (EIS) pursuant to the National EIS, and will generally include NMFS initiated an EIS to assess the
Environmental Policy Act (NEPA), presentations and small group work environmental impacts of allocating the
related to the Makah Tribe’s request that sessions. More details regarding meeting 2003 through 2007 quota to the Makah
NMFS waive the take moratorium of the format will be posted under the ‘‘gray by soliciting comments and information
Marine Mammal Protection Act whale’’ link at http://www.nwr.noaa.gov to facilitate the environmental analysis
(MMPA) to allow for treaty right by mid-September 2005. (68 FR 10703). Due to litigation
hunting of eastern North Pacific gray Reasonable Accommodation (described below), NMFS did not
whales in usual and accustomed complete the EIS and did not allocate
grounds off the coast of Washington Persons needing reasonable the quota under the WCA. The Makah
State. This notice briefly describes the accommodations to attend and have not conducted subsistence hunts to
background of the Makah’s request for participate in the public meetings date under the 2003 through 2007 IWC
waiver; gives dates, times, and locations should contact Kassandra Brown (see quota.
of public scoping meetings; identifies a FOR FURTHER INFORMATION CONTACT). To On June 7, 2004, the Ninth Circuit
set of preliminary alternatives to serve allow sufficient time to process Court of Appeals in the second
as a starting point for discussions; and requests, please call at least 10 business amended version of Anderson v. Evans,
terminates the prior notice of intent to days prior to the relevant meeting(s). 371 F.3d 475, held that the Tribe, to
prepare an EIS on a similar action. Information regarding the Makah’s pursue any treaty rights for whaling,
request is available in alternative must comply with the process
DATES: Three public scoping meetings formats upon request. prescribed in the MMPA (16 U.S.C.
are scheduled:
Background 1361 et seq.) for authorizing ‘‘take’’ of
1. October 5, 2005, Neah Bay, WA.
marine mammals otherwise prohibited
2. October 6, 2005, Port Angeles, WA. The Makah Indian Tribe of by a moratorium in section 101(a)(16
3. October 11, 2005, Seattle, WA. Washington State (Makah) seeks to U.S.C. 1371(a)). The term ≥take≥ means
See SUPPLEMENTARY INFORMATION for continue its subsistence hunt(s) of to harass, hunt, capture, or kill, or
specific times and locations of the eastern North Pacific (ENP) gray whales, attempt to harass, hunt, capture, or kill
public meetings. a tradition dating back at least 1,500 any marine mammal (16 U.S.C.
In addition to the meetings, written or years. The Makah’s right to hunt whales 1362(13)). Subsequent to the Anderson
electronic comments from all interested at usual and accustomed grounds and v. Evans ruling, the Makah submitted a
parties are encouraged and must be stations off the coast of Washington was request for a limited waiver of the
received no later than 5 p.m. PDT secured in Article 4 of the 1855 Treaty moratorium on taking marine mammals,
October 24, 2005. of Neah Bay in exchange for most of the which we received on February 14,
ADDRESSES: All comments concerning land in the Olympic Peninsula. The 2005. We published notice of
preparation of the EIS and NEPA Treaty of Neah Bay is the primary availability of the waiver request for
process should be addressed to: instrument defining the legal public inspection on March 3, 2005 (70
Kassandra Brown, NMFS Northwest relationship between the United States FR 10369), available online at http://
Region, Building 1, 7600 Sand Point Government and the Makah. www.nmfs.noaa.gov/pr/international/
Way NE, Seattle, WA 98115. Comments The Makah hunted whales until the makah (soon to be available on the
may also be submitted via fax (206)526- 1920s when commercial whaling had NMFS Northwest Region website under
6426, Attn: Makah Tribe Whale Hunt drastically reduced the numbers of ENP the ‘‘gray whale’’ link at http://
EIS, or by electronic mail to gray whales available to the Makah www.nwr.noaa.gov).
MakahEIS.nwr@noaa.gov with a subject hunters for harvest. Prior to enactment To exercise subsistence hunting treaty
line containing the document identifier: of the Endangered Species Act (of 1973 rights of gray whales, the Makah Tribe
Makah Whale EIS. 16 U.S.C. 1351 et seq.), the U.S. Fish must undergo three separate but related
FOR FURTHER INFORMATION CONTACT: and Wildlife Service included gray processes: (1) The United States must
Kassandra Brown, NMFS Northwest whales (among several genera of baleen obtain an aboriginal subsistence quota
Region, (206)526–4348. whales) on its 1970 list of endangered from the IWC on the Makah Tribe’s
species (35 FR 8491, June 2, 1970). The behalf, (2) NMFS must decide whether
SUPPLEMENTARY INFORMATION:
ENP distinct population segment was to waive the MMPA take moratorium for
Public Scoping Meetings subsequently delisted on June 16, 1994 the Makah Tribe, including conducting
(59 FR 31094). In 1999, Makah hunters a NEPA review and issuing possible
Specific Times and Locations
killed one ENP gray whale pursuant to regulations and permits (see Proposed
Public scoping meetings will be held an aboriginal subsistence harvest quota Action for more details), and (3) NMFS
at the following addresses and times: granted for 1998 through 2002 by the must allocate the IWC quota under the
1. October 5, 2005, 6:30 p.m. – 9:30 International Whaling Commission WCA. More information regarding these
p.m., Makah Tribal Council Community (IWC) and domestically implemented by processes will soon be available to the
Hall, 81 3rd Avenue (Makah Passage), NMFS under the Whaling Convention public under the NMFS Northwest
Neah Bay, WA. Act (WCA)(16 U.S.C. 916 et seq.). Due Region website ‘‘gray whale’’ link at
2. October 6, 2005, 6:30 p.m. – 9:30 to a series of lawsuits, no whales were http://www.nwr.noaa.gov. The NEPA
p.m., Vern Burton Memorial hunted by the Makah for the remainder review initiated by this notice of intent
Community Center, 308 East 4th Street of the 1998 through 2002 quota. is to comply with process number (2)
(corner of 4th Street and Peabody Street), In May 2002, the IWC approved described above, which requires
Port Angeles, WA. another aboriginal subsistence harvest preparation of a site-specific EIS related
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Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices 49913
to the Makah Tribe’s request for a actions to determine if the actions may contained in the proposed action that
waiver of the MMPA take moratorium. affect the human environment, and in would maximize the likelihood of
recognition of the Ninth Circuit Court of taking a migrating whale (and minimize
Proposed Action
Appeals ruling in Anderson v. Evans, the likelihood of taking a PCFA whale).
The Makah’s proposed action is to we intend to conduct public scoping
hunt up to 20 ENP gray whales during Request for Comments
meetings and to prepare an EIS. Under
a 5-year period, subject to a maximum NEPA, a reasonable range of alternatives We provide this notice to: (1) Advise
of five gray whales in any calendar year, to a proposed action must be developed other agencies and the public of our
within its adjudicated usual and and considered in our environmental intentions, (2) obtain suggestions and
accustomed grounds (See, United States review. Alternatives considered for information on the scope of issues to
v. Washington, 626 F.Supp. 1405, 1467 analysis in this EIS may include: include in the EIS, (3) terminate the
(W.D. Wash 1985)), subject to quotas variations in the scope of the hunting prior notice of intent to prepare an EIS
granted by the IWC. The Makah activities, variations in the hunting on allocation of the 2003 through 2007
proposes to hunt up to seven gray location, or a combination of these quota (68 FR 10703) published on
whales per year. The Makah’s proposal elements. In addition, the EIS will March 6, 2003. Comments and
to continue subsistence hunting of gray identify potentially significant direct, suggestions received during the prior
whales includes other standards for indirect, and cumulative impacts on public comment period for the 2003
hunting, such as: (1) time and area geology and soils, air quality, water through 2007 quota allocation (March 6
restrictions designed to avoid any quality, other fish and wildlife species through April 21, 2003), will be
intentional harvest of gray whales and their habitat, vegetation, considered in developing the current
comprising the Pacific Coast Feeding socioeconomics/tourism, treaty rights EIS. Other comments and suggestions
Aggregation (PCFA), (2) monitoring and and Federal trust responsibilities, are invited from all interested parties to
adaptive management measures to environmental justice, cultural ensure that the full range of issues
ensure that any incidental harvest of resources, noise, aesthetics, related to the Makah’s waiver request
gray whales from the PCFA remains at transportation, public services, and and all significant issues are identified.
or below the annual strike limit, (3) human health and safety, and other We request that comments be as specific
measures to ensure that hunting is environmental issues that could occur as possible. We seek public input on the
conducted in the most humane manner with the implementation of the Makah’s scope of the required NEPA analysis,
practicable, consistent with continued proposed action and alternatives. For all including the range of reasonable
use of traditional hunting methods, and potentially significant impacts, the EIS alternatives; associated impacts of any
(4) measures to protect public safety. will identify avoidance, minimization, alternatives on the human environment,
The full waiver request is posted online and mitigation measures to reduce these including geology and soils, air quality,
at http://www.nmfs.noaa.gov/pr/ impacts, where feasible, to a level below water quality, other fish and wildlife
international/makah, and will soon be significance. species and their habitat, vegetation,
available at NMFS Northwest Region’s We have identified the following socioeconomics/tourism, treaty rights
website at http://www.nwr.noaa.gov preliminary alternatives for public and Federal trust responsibilities,
under the ‘‘gray whale’’ link. comment during the public scoping
Based on the Makah’s waiver request, environmental justice, cultural
period, and encourage information on resources, noise, aesthetics,
the Federal action consists of three additional alternatives to consider:
parts: (1) Waiving the moratorium on transportation, public services, and
Alternative 1: No Action - Under the
take of marine mammals under section human health and safety; and suitable
No Action Alternative, we would not
101(a)(3)(A)(16 U.S.C. 1371(3)(A)) of the mitigation measures.
approve the requested whale hunting,
MMPA, and subsequently (2) would not grant the waiver of the Comments concerning this
promulgating hunting regulations moratorium on take under the MMPA, environmental review process should be
implementing the waiver in accordance nor issue the necessary regulations and directed to NMFS (see ADDRESSES). See
with section 103 (16 U.S.C. 1373) of the permits. FOR FURTHER INFORMATION CONTACT for
MMPA, and (3) issuing any necessary Alternative 2: The Proposed Action - questions. All comments and material
permit(s) to the Makah for whale Under the proposed action, the Makah received, including names and
hunting. Tribe would be allowed to continue addresses, will become part of the
If NMFS waives the MMPA take treaty right subsistence hunting of gray administrative record and may be
moratorium and issues the necessary whales imposing time and area released to the public.
regulations and permit(s), the Makah restrictions designed to target migrating Authority
would be allowed to continue whales and to avoid any intentional
subsistence hunting of ENP gray whales, harvest of whales from the PCFA. We The environmental review of
subject to IWC quotas and allocation of would grant the waiver of the continuation of the Makah subsistence
those quotas under the WCA. The NEPA moratorium on take under the MMPA gray whale hunting will be conducted
review initiated by this notice of intent, and issue the necessary regulations and under the authority and in accordance
therefore, involves preparation of a site- permits. with the requirements of NEPA, Council
specific EIS related to the Makah Tribe’s Alternative 3: The proposed action on Environmental Quality Regulations
proposed action of continuing treaty would be modified to allow limited take (40 CFR 1500-1508), other applicable
right subsistence ENP whale hunting of gray whales from the PCFA during Federal laws and regulations, and
(i.e., request for a waiver of the MMPA hunts. policies and procedures of NMFS for
take moratorium), and alternatives to Alternative 4: The proposed action compliance with those regulations. This
the waiver request. would be modified to remove time and notice is being furnished in accordance
area restrictions from the hunts. with 40 CFR 1501.7 to obtain
Alternatives Alternative 5: The proposed action suggestions and information from other
Pursuant to NEPA, which requires would be modified to allow hunting to agencies and the public on the scope of
Federal agencies to conduct an target migrating whales, imposing time issues and alternatives to be addressed
environmental analysis of proposed and area restrictions different than those in the EIS.
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49914 Federal Register / Vol. 70, No. 164 / Thursday, August 25, 2005 / Notices
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