81 FR 23274 - Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 76 (April 20, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 76 (April 20, 2016)
| Page Range | 23274-23276 | |
| FR Document | 2016-09168 |
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)] [Notices] [Pages 23274-23276] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09168] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE574 Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and [[Page 23275]] Atmospheric Administration (NOAA), Commerce. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow eight commercial fishing vessels to fish outside of the limited access sea scallop regulations in support of bycatch reduction research by using a bi-directional extended link apron. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits. DATES: Comments must be received on or before May 5, 2016. ADDRESSES: You may submit written comments by any of the following methods:Email: [email protected]. Include in the subject line ``DA16-026 CFF Eco Friendly Dredge EFP.'' Mail: John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope '' DA16-026 CFF Eco Friendly Dredge EFP.'' FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fisheries Management Specialist, 978-282-8456. SUPPLEMENTARY INFORMATION: Coonamesset Farm Foundation (CFF) has submitted a proposal titled ``Development of Ecosystem Friendly Scallop Dredge Bags: Tools for Long-Term Sustainability,'' that has been favorably reviewed and is pending final approval by NOAA's Grants Management Division under the 2016 Atlantic Sea Scallop Research Set- Aside (RSA) Program. CFF submitted a complete application for an Exempted Fishing Permit (EFP) on March 10, 2016. The project would continue testing gear that reduces bycatch focusing on a bi-directional extended link apron which increases inter-ring spacing to improve escapement of small scallops and reduction in finfish bycatch. CFF is requesting exemptions that would allow eight commercial fishing vessels be exempt from the Atlantic sea scallop days-at-sea (DAS) allocations at 50 CFR 648.53(b); crew size restrictions at Sec. 648.51(c); Atlantic sea scallop observer program requirements at Sec. 648.11(g); access area program requirements at Sec. 648.60(a)(4), and rotational closed area exemptions for Closed Area I at Sec. 648.58(a); Closed Area II at Sec. 648.58(b), and Nantucket Lightship at Sec. 648.58(c). The EFP would exempt participating vessels from possession limits and minimum size requirements specified in 50 CFR part 648, subsections B and D through O, for sampling purposes only. The EFP would also exempt one vessel from the scallop dredge gear restrictions for minimum ring and mesh size and use of a liner at Sec. 648.51(b) in order to use a survey dredge set to the same specifications the NMFS uses for its yearly abundance survey. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Eight vessels would conduct scallop dredging in June 2016-May 2017, on a total of seven 7-day trips, for a total of 49 DAS. Each trip would complete approximately 50 tows for an overall total of 350 tows for the project. Trips would take place in the open areas of Southern New England and Georges Bank as well as in the Mid-Atlantic scallop access area and Georges Bank access areas that are currently closed. Four trips would be conducted in the Mid-Atlantic and southern New England, and three trips would be conducted on Georges Bank. Trips would be centralized around areas with high yellowtail and winter flounder bycatch and in areas with a high abundance of harvestable size scallops mixed with pre-recruit scallops. Six trips would fish two 15-foot (4.57-m) Turtle Deflector Dredges, towed for a maximum duration of 30 minutes with a tow speed range of 4.8-5.1 knots. One dredge would be rigged with a standard linked bag while the other would be rigged with a bi-directional extended link apron. Standard linking is defined as a single link between ring spaces, and the extended link is defined as two links linked together between rings. Both dredges would use 4-inch (10.16-cm) rings and a 10- inch (25.40-cm) twine top. One trip would utilize the NMFS survey dredge on one side, which has specifications of 8-feet (2.44 m) wide with 2-inch (5.08-cm) rings and a 3.5-inch (8.89-cm) twine top with a 1.5-inch (3.81-cm) liner inserted inside. The project would use a combination of both the experimental and control dredge on the other side. This would allow the project to compare the absolute selectivity curves between the control and experimental dredges. For all tows, the sea scallop catch would be counted into baskets and weighed. One basket from each dredge would be randomly selected and the scallops would be measured in 5-mm increments to determine size selectivity. Finfish catch would be sorted by species and then counted, weighed and measured in 1-mm increments. Depending on the volume of scallops and finfish captured, the catch would be subsampled as necessary. No catch would be retained for longer than needed to conduct sampling and no catch would be landed for sale. Project Catch Estimates in Pounds ---------------------------------------------------------------------------------------------------------------- Weight Species Number Weight (pounds) (kilograms) ---------------------------------------------------------------------------------------------------------------- Scallops............................................... 250,000 100,000 45,359 Yellowtail Flounder.................................... 2,000 2,000 907 Winter Flounder........................................ 300 500 227 Windowpane Flounder.................................... 5,000 3,500 1,588 Monkfish............................................... 2,500 5,500 2,495 Summer Flounder........................................ 100 150 68 Barndoor Skate......................................... 500 500 227 Northeast Skate Complex................................ 75,000 100,000 45,359 ---------------------------------------------------------------------------------------------------------------- CFF needs these exemptions to allow them to conduct experimental dredge towing without being charged DAS, and to deploy gear in closed access areas where concentrations of primary bycatch species are sufficiently high to provide statistically robust results. Exemption from the dredge gear requirements would allow the project to [[Page 23276]] tow the NMFS survey dredge, which does not conform with regulation. Participating vessels need crew size waivers to accommodate science personnel, and possession waivers will enable researchers to conduct finfish sampling activities. The project would be exempt from the sea scallop observer program requirements because activities conducted on the trip are not consistent with normal fishing operations. If approved, the applicant may request minor modifications and extensions to the EFP throughout the year. EFP modifications and extensions may be granted without further notice if they are deemed essential to facilitate completion of the proposed research and have minimal impacts that do not change the scope or impact of the initially approved EFP request. Any fishing activity conducted outside the scope of the exempted fishing activity would be prohibited. Authority: 16 U.S.C. 1801 et seq. Dated: April 15, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-09168 Filed 4-19-16; 8:45 am] BILLING CODE 3510-22-P
![23274 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices
Weighted- Cash Deposit Requirements Failure to comply with the regulations
average
The following cash deposit and terms of an APO is a violation
Exporter dumping which is subject to sanction.
margin requirements will be effective for all
(percent) shipments of the subject merchandise Disclosure
entered, or withdrawn from warehouse, We will disclose the calculations
Weihai Zhongwei Rubber Co., for consumption on or after the
Ltd ........................................... 70.55 performed within five days of the date
publication date of the final results of of publication of this notice to parties in
this administrative review, as provided this proceeding, in accordance with 19
Assessment Rates by section 751(a)(2)(C) of the Act: (1) CFR 351.224(b). We are issuing and
For the exporters listed above, the cash publishing the final results and notice
The Department shall determine, and
deposit rate will be equal to the in accordance with sections 751(a)(1)
CBP shall assess, antidumping duties on
weighted-average dumping margin and 777(i)(1) of the Act.
all appropriate entries covered by this
identified in the ‘‘Final Results’’ section
review pursuant to section 751(a)(2)(C) of this notice, above; (2) for previously Dated: April 12, 2016.
of the Act and 19 CFR 351.212(b)(1).14 investigated or reviewed PRC and non- Paul Piquado,
The Department intends to issue PRC exporters that are not under review Assistant Secretary for Enforcement and
assessment instructions to CBP 15 days in this segment of the proceeding but Compliance.
after the date of publication of these that received a separate rate in a
final results of review. Appendix
previous segment, the cash deposit rate
For customers or importers of Xugong will continue to be the exporter-specific Issues and Decision Memorandum
and Qihang for which we do not have rate (or exporter-producer chain rate) • Summary
entered value, we calculated importer- published for the most recently • Background
completed segment of this proceeding in • Scope of the Order
(or customer-) specific antidumping • List of Comments
duty assessment amounts based on the which the exporter was reviewed; (3) for • Discussion of the Issues
ratio of the total amount of dumping all PRC exporters of subject Comment 1: Whether Application of Adverse
duties calculated for the examined sales merchandise which have not been Facts Available Is Warranted With Regards
of subject merchandise to the total sales found to be entitled to a separate rate, to Certain Xugong Sales
quantity of those same sales.15 For the cash deposit rate will be the PRC- Comment 2: Whether To Grant Qihang a
wide rate of 105.31 percent; and (4) for Double Remedies Adjustment and What
customers or importers of Xugong and Pass-Through Rate to Use
Qihang for which we received entered- all non-PRC exporters of subject
merchandise which have not received Comment 3: Whether To Adjust Xugong’s
value information, we have calculated U.S. Prices for Irrecoverable VAT
importer- (or customer-) specific their own rate, the cash deposit rate will Comment 4: Treatment of Xugong’s Market
antidumping duty assessment rates be the rate applicable to the PRC Economy Purchases
exporter(s) that supplied that non-PRC Comment 5: Whether the Department Should
based on importer- (or customer-)
exporter. These cash deposit Apply the Separate Rate Calculated in This
specific ad valorem rates.16 For the non-
requirements, when imposed, shall Review to TWS Xingtai
examined separate rate companies, we Comment 6: Whether the Department Should
remain in effect until further notice.
will instruct CBP to liquidate all Reject Certain Surrogate Values Submitted
appropriate entries at 70.55 percent. For Notification to Importers After the Preliminary Results
the PRC-wide entity, we will instruct This notice serves as a final reminder Comment 7: Surrogate Country
CBP to liquidate all appropriate entries Comment 8: Financial Statements
to importers of their responsibility Comment 9: Natural Rubber
at 105.31 percent. under 19 CFR 351.402(f)(2) to file a Comment 10: Reclaimed Rubber
Pursuant to a refinement in the certificate regarding the reimbursement Comment 11: Inland Freight
Department’s non-market economy of antidumping and/or countervailing Comment 12: Selection Surrogate Value for
(‘‘NME’’) practice, for entries that were duties prior to liquidation of the Carbon Black
not reported in the U.S. sales databases relevant entries during this review Comment 13: Inadvertent Errors in Surrogate
period. Failure to comply with this Value Selection
submitted by companies individually Comment 14: Selection of the Surrogate
examined during this review, the requirement could result in the
Values for #3 and #20 Compound Rubber,
Department will instruct CBP to Secretary’s presumption that Activation Rubber Powder, Benzonic Acid,
liquidate such entries at the NME-wide reimbursement of the antidumping and/ and Tire Cord Fabric
rate.17 In addition, if the Department or countervailing duties occurred and • Recommendation
determines that an exporter under the subsequent assessment of double [FR Doc. 2016–09165 Filed 4–19–16; 8:45 am]
review had no shipments of subject antidumping duties.
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merchandise, any suspended entries Notification to Interested Parties
that entered under that exporter’s case
This notice also serves as a reminder DEPARTMENT OF COMMERCE
number (i.e., at that exporter’s rate) will
to parties subject to administrative
be liquidated at the NME-wide rate. protective order (‘‘APO’’) of their National Oceanic and Atmospheric
responsibility concerning the return or Administration
14 See Antidumping Proceeding: Calculation of destruction of proprietary information
the Weighted-Average Dumping Margin and RIN 0648–XE574
Assessment Rate in Certain Antidumping Duty disclosed under the APO in accordance
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Proceedings; Final Modification, 77 FR 8103 with 19 CFR 351.305(a)(3), which
Magnuson-Stevens Act Provisions;
(February 14, 2012) (‘‘NME Antidumping continues to govern business
Proceedings’’). General Provisions for Domestic
proprietary information in this segment
15 See 19 CFR 351.212(b)(1). Fisheries; Application for Exempted
of the proceeding. Timely written
16 Id. Fishing Permits
17 See Non-Market Economy Antidumping notification of the return/destruction of
Proceedings: Assessment of Antidumping Duties, 76 APO materials or conversion to judicial AGENCY: National Marine Fisheries
FR 65694 (October 24, 2011). protective order is hereby requested. Service (NMFS), National Oceanic and
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![23276 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Notices
tow the NMFS survey dredge, which conducting and funding fisheries and Council on Environmental Quality’s
does not conform with regulation. ecosystem research in the southeastern regulations for implementing the
Participating vessels need crew size coast of the U.S., the Gulf of Mexico, procedural provisions of NEPA (42
waivers to accommodate science and the Caribbean Sea marine waters of U.S.C. 4321 et seq.)—which is the
personnel, and possession waivers will Puerto Rico and the U.S. Virgin Islands. proposed promulgation of regulations
enable researchers to conduct finfish DATES: Comments and information must and authorization of the take of marine
sampling activities. The project would be received no later than May 20, 2016. mammals incidental to the fisheries
be exempt from the sea scallop observer ADDRESSES: Comments on the DPEA research under the Marine Mammal
program requirements because activities should be addressed to: NOAA/NMFS/ Protection Act (MMPA). Additionally,
conducted on the trip are not consistent SEFSC/Director’s Office, 75 Virginia because the proposed research activities
with normal fishing operations. Beach Drive, Key Biscayne, FL 33149. occur in areas inhabited by species of
If approved, the applicant may The mailbox address for providing marine mammals, birds, sea turtles, and
request minor modifications and email comments is SEFSC.DPEA@ fish listed under the Endangered
extensions to the EFP throughout the noaa.gov. NMFS is not responsible for Species Act (ESA) as threatened or
year. EFP modifications and extensions email comments sent to addresses other endangered, this DPEA evaluates
may be granted without further notice if than the one provided here. Comments activities that could result in
they are deemed essential to facilitate sent via email, including all unintentional takes of ESA-listed
completion of the proposed research attachments, must not exceed a 10- marine species.
and have minimal impacts that do not megabyte file size. A copy of the DPEA The following four alternatives are
change the scope or impact of the may be obtained by writing to the currently evaluated in the DPEA:
initially approved EFP request. Any • No-Action/Status Quo
address specified above, telephoning the
fishing activity conducted outside the Alternative—Conduct Federal Fisheries
contact listed below (see FOR FURTHER
scope of the exempted fishing activity and Ecosystem Research with Scope and
INFORMATION CONTACT), or visiting the
would be prohibited. Protocols Similar to Past Effort
internet at: http://www.sefsc.noaa.gov/ • Preferred Alternative—Conduct
Authority: 16 U.S.C. 1801 et seq. dpea.html Federal Fisheries and Ecosystem
Documents cited in this notice may
Dated: April 15, 2016. Research (New Suite of Research) with
also be viewed, by appointment, during
Emily H. Menashes, Mitigation for MMPA and ESA
regular business hours, at the
Acting Director, Office of Sustainable Compliance
aforementioned address. • Modified Research Alternative—
Fisheries, National Marine Fisheries Service.
FOR FURTHER INFORMATION CONTACT: Dr. Conduct Federal Fisheries and
[FR Doc. 2016–09168 Filed 4–19–16; 8:45 am]
Melissa Cook, SEFSC, (228) 762–4591. Ecosystem Research (New Suite of
BILLING CODE 3510–22–P
SUPPLEMENTARY INFORMATION: The Research) with Additional Mitigation
Southeast Fisheries Science Center • No Research Alternative—No
DEPARTMENT OF COMMERCE (SEFSC) is the research arm of National Fieldwork for Federal Fisheries and
Marine Fisheries Service (NMFS) in the Ecosystem Research Conducted or
National Oceanic and Atmospheric Southeast region of the U.S. The SEFSC Funded by SEFSC
Administration conducts research and provides The first three alternatives include a
scientific advice to manage fisheries and program of fisheries and ecosystem
RIN 0648–XE485 conserve protected species in marine research projects conducted or funded
and estuarine habitats of the Atlantic by the SEFSC as the primary Federal
Notice of Availability of a Draft
Ocean along the southeastern coast of action. Because this primary action is
Programmatic Environmental
the U.S., the Gulf of Mexico, and the connected to a secondary Federal action
Assessment for Fisheries and
Caribbean Sea, including marine waters (also called a connected action under
Ecosystem Research Conducted and
offshore from Puerto Rico and the U.S. NEPA), to consider authorizing
Funded by the National Marine
Virgin Islands. Three regional Fishery incidental take of marine mammals
Fisheries Service, Southeast Fisheries
Management Councils rely in part on under the MMPA, NMFS must identify
Science Center
data collected by the SEFSC. The South as part of this evaluation ‘‘(t)he means
AGENCY: National Marine Fisheries Atlantic Fishery Management Council of effecting the least practicable adverse
Service (NMFS), National Oceanic and (SAFMC), the Gulf of Mexico Fishery impact on the species or stock and its
Atmospheric Administration (NOAA), Management Council (GMFMC), and the habitat.’’ (Section 101(a)(5)(A) of the
Commerce. Caribbean Fishery Management Council MMPA [16 U.S.C. 1361 et seq.]). NMFS
ACTION: Notice of availability of a Draft (CFMC) rely primarily on the SEFSC for must therefore identify and evaluate a
Programmatic Environmental fisheries independent research data for reasonable range of mitigation measures
Assessment; request for comments. development of stock assessment to minimize impacts to protected
reports and other management species that occur in SEFSC research
SUMMARY: NMFS announces the purposes. The SEFSC also provides areas. These mitigation measures are
availability of the ‘‘Draft Programmatic research data and works cooperatively considered as part of the identified
Environmental Assessment (DPEA) for with numerous other domestic and alternatives in order to evaluate their
Fisheries and Ecosystem Research international fisheries management effectiveness to minimize potential
Conducted and Funded by the organizations. adverse environmental impacts. The
Southeast Fisheries Science Center NMFS has prepared the DPEA under three action alternatives also include
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(SEFSC).’’ Publication of this notice NEPA to evaluate several alternatives mitigation measures intended to
begins the official public comment for conducting and funding fisheries minimize potentially adverse
period for this DPEA. The purpose of and ecosystem research activities as the interactions with other protected
the DPEA is to evaluate, in compliance primary Federal action. Additionally in species that occur within the action
with the National Environmental Policy the DPEA, NMFS evaluates a related area. Protected species include all
Act (NEPA), the potential direct, action—also called a ‘‘connected marine mammals, which are covered
indirect, and cumulative impacts of action’’ under 40 CFR 1508.25 of the under the MMPA, all species listed
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Document Created: 2016-04-20 01:51:39
Document Modified: 2016-04-20 01:51:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before May 5, 2016. | |
| Contact | Shannah Jaburek, Fisheries Management Specialist, 978-282-8456. | |
| FR Citation | 81 FR 23274 | |
| RIN Number | 0648-XE57 |
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