81 FR 28828 - Taking and Importing of Marine Mammals
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 90 (May 10, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 90 (May 10, 2016)
| Page Range | 28828-28829 | |
| FR Document | 2016-10970 |
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)] [Notices] [Pages 28828-28829] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-10970] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE534 Taking and Importing of Marine Mammals AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; affirmative finding annual renewal. ----------------------------------------------------------------------- SUMMARY: The NMFS Assistant Administrator, (Assistant Administrator) has issued an affirmative finding annual renewal for the Government of El Salvador under the Marine Mammal Protection Act (MMPA). This affirmative finding annual renewal will allow yellowfin tuna and yellowfin tuna products harvested in the eastern tropical Pacific Ocean (ETP) in compliance with the International Dolphin Conservation Program (IDCP) by Salvadoran-flag purse seine vessels or purse seine vessels operating under Salvadoran jurisdiction to be imported into the United States. The affirmative finding annual renewal was based on review of documentary evidence submitted by the Government of El Salvador and obtained from the Inter-American Tropical Tuna Commission (IATTC). DATES: The affirmative finding annual renewal is effective from April 1, 2015, through March 31, 2016. FOR FURTHER INFORMATION CONTACT: Justin Greenman, West Coast Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Long Beach, CA 90802. Phone: 562-980-3264. Email: [email protected]. SUPPLEMENTARY INFORMATION: The MMPA, 16 U.S.C. 1361 et seq., allows for importation into the United States of yellowfin tuna harvested by purse seine vessels in the ETP under certain conditions. If requested by the harvesting nation, the Assistant Administrator will determine whether to make an affirmative finding based upon documentary evidence provided by the government of the harvesting nation, the IATTC, or the Department of State. The affirmative finding process requires that the harvesting nation is meeting its obligations under the IDCP and obligations of membership in the IATTC. Every 5 years, the government of the harvesting nation must request a new affirmative finding and submit the required documentary evidence directly to the Assistant Administrator. On an annual basis, NMFS reviews the affirmative finding and determines whether the harvesting nation continues to meet the requirements. A nation may provide information related to compliance with IDCP and IATTC measures directly to NMFS on an annual basis or may authorize the IATTC to release the information to NMFS to annually renew an affirmative finding determination without an application from the harvesting nation. An affirmative finding will be terminated, in consultation with the Secretary of State, if the Assistant Administrator determines that the requirements of 50 CFR 216.24(f) are no longer being met or that a nation is consistently failing to take enforcement actions on violations, thereby diminishing the effectiveness of the IDCP. As a part of the affirmative finding process set forth in 50 CFR 216.24(f), the Assistant Administrator considered documentary evidence submitted by the [[Page 28829]] Government of El Salvador and obtained from the IATTC and has determined that El Salvador has met the MMPA's requirements to receive an affirmative finding annual renewal. After consultation with the Department of State, the Assistant Administrator issued an affirmative finding annual renewal to El Salvador, allowing the continued importation into the United States of yellowfin tuna and products derived from yellowfin tuna harvested in the ETP by Salvadoran-flag purse seine vessels or purse seine vessels operating under Salvadoran jurisdiction through March 31, 2016. El Salvador's five-year affirmative finding will remain valid through March 31, 2018, subject to subsequent annual reviews by NMFS. Dated: May 4, 2016. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2016-10970 Filed 5-9-16; 8:45 am] BILLING CODE 3510-22-P
![28828 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices
the HTSUS subheadings are provided Notification to Importers International Dolphin Conservation
for convenience and customs purposes, This notice also serves as a final Program (IDCP) by Salvadoran-flag
the written description of the reminder to importers of their purse seine vessels or purse seine
merchandise is dispositive. responsibility under 19 CFR 351.402(f) vessels operating under Salvadoran
to file a certificate regarding the jurisdiction to be imported into the
Period of Review
reimbursement of antidumping duties United States. The affirmative finding
The period of review is May 1, 2014, prior to liquidation of the relevant annual renewal was based on review of
through April 30, 2015. entries during this review period. documentary evidence submitted by the
Failure to comply with this requirement Government of El Salvador and obtained
Final Results of Review from the Inter-American Tropical Tuna
could result in the Secretary’s
As a result of this review, the presumption that reimbursement of Commission (IATTC).
Department determines that a weighted- antidumping duties occurred and the DATES: The affirmative finding annual
average dumping margin of 0.00 percent subsequent assessment of double renewal is effective from April 1, 2015,
exists for JBL Canada for the period May antidumping duties. through March 31, 2016.
1, 2014, through April 30, 2015. FOR FURTHER INFORMATION CONTACT:
Notification to Interested Parties Justin Greenman, West Coast Region,
Assessment Rates This notice serves as the only National Marine Fisheries Service, 501
The Department shall determine, and reminder to parties subject to W. Ocean Blvd., Long Beach, CA 90802.
U.S. Customs and Border Protection administrative protective order (APO) of Phone: 562–980–3264. Email:
(CBP) shall assess, antidumping duties their responsibility concerning the justin.greenman@noaa.gov.
on all appropriate entries, in accordance disposition of proprietary information SUPPLEMENTARY INFORMATION: The
with 19 CFR 351.212(b). Pursuant to 19 disclosed under APO in accordance MMPA, 16 U.S.C. 1361 et seq., allows
CFR 356.8(a), the Department intends to with 19 CFR 351.305(a)(3). Timely for importation into the United States of
issue appropriate appraisement written notification of return/ yellowfin tuna harvested by purse seine
instructions for the respondent subject destruction of APO materials or vessels in the ETP under certain
to this review directly to CBP 41 days conversion to judicial protective order is conditions. If requested by the
after the date of publication of the final hereby requested. Failure to comply harvesting nation, the Assistant
results of this review. Because we with the regulations and the terms of an Administrator will determine whether
calculated a zero margin for JBL Canada APO is a sanctionable violation. to make an affirmative finding based
in the final results of this review, we This administrative review and notice upon documentary evidence provided
will instruct CBP to liquidate the are published in accordance with by the government of the harvesting
appropriate entries without regard to sections 751(a)(1) and 777(i)(1) of the nation, the IATTC, or the Department of
antidumping duties. Act and 19 CFR 351.221. State.
Dated: May 3, 2016. The affirmative finding process
Cash Deposit Requirements requires that the harvesting nation is
Paul Piquado,
The following cash deposit Assistant Secretary for Enforcement and
meeting its obligations under the IDCP
requirements will be effective for all Compliance. and obligations of membership in the
shipments of the subject merchandise [FR Doc. 2016–11033 Filed 5–9–16; 8:45 am]
IATTC. Every 5 years, the government of
entered, or withdrawn from warehouse, the harvesting nation must request a
BILLING CODE 3510–DS–P
for consumption on or after the new affirmative finding and submit the
publication date of the final results of required documentary evidence directly
this administrative review, as provided DEPARTMENT OF COMMERCE to the Assistant Administrator. On an
by section 751(a)(2)(C) of the Act: (1) annual basis, NMFS reviews the
The cash deposit rate for JBL Canada National Oceanic and Atmospheric affirmative finding and determines
will be zero; (2) for previously reviewed Administration whether the harvesting nation continues
or investigated companies not to meet the requirements. A nation may
RIN 0648–XE534
participating in this review, the cash provide information related to
deposit rate will continue to be the Taking and Importing of Marine compliance with IDCP and IATTC
company-specific rate published for the Mammals measures directly to NMFS on an
most recent period; (3) if the exporter is annual basis or may authorize the
not a firm covered in this review, a AGENCY: National Marine Fisheries IATTC to release the information to
previous review, or the original less- Service (NMFS), National Oceanic and NMFS to annually renew an affirmative
than-fair-value (LTFV) investigation, but Atmospheric Administration (NOAA), finding determination without an
the manufacturer is, the cash deposit Commerce. application from the harvesting nation.
rate will be the rate established for the ACTION: Notice; affirmative finding An affirmative finding will be
most recent period for the manufacturer annual renewal. terminated, in consultation with the
of the merchandise; and (4) the cash Secretary of State, if the Assistant
SUMMARY: The NMFS Assistant Administrator determines that the
deposit rate for all other manufacturers
Administrator, (Assistant requirements of 50 CFR 216.24(f) are no
or exporters will continue to be 23.21
Administrator) has issued an affirmative longer being met or that a nation is
asabaliauskas on DSK3SPTVN1PROD with NOTICES
percent, the all-others rate made
finding annual renewal for the consistently failing to take enforcement
effective by the LTFV investigation.3
Government of El Salvador under the actions on violations, thereby
These deposit requirements shall
Marine Mammal Protection Act diminishing the effectiveness of the
remain in effect until further notice.
(MMPA). This affirmative finding IDCP.
3 See Citric Acid and Certain Citrate Salts from
annual renewal will allow yellowfin As a part of the affirmative finding
Canada and the People’s Republic of China:
tuna and yellowfin tuna products process set forth in 50 CFR 216.24(f), the
Antidumping Duty Orders, 74 FR 25703 (May 29, harvested in the eastern tropical Pacific Assistant Administrator considered
2009). Ocean (ETP) in compliance with the documentary evidence submitted by the
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![Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Notices 28829
Government of El Salvador and obtained ADDRESSES: You may submit comments, recreational sector. Management
from the IATTC and has determined identified by NOAA–NMFS–2016–0055, measures under consideration in
that El Salvador has met the MMPA’s by either of the following methods: Amendment 42 include allocation-based
requirements to receive an affirmative • Electronic submission: Submit all programs. The purpose of the proposed
finding annual renewal. electronic public comments via the measures in Amendment 42 is to reduce
After consultation with the Federal e-Rulemaking Portal. Go to management uncertainty and improve
Department of State, the Assistant www.regulations.gov/ economic conditions for operators and
Administrator issued an affirmative #!docketDetail;D=NOAA-NMFS-2016- owners of Gulf reef fish headboats, and
finding annual renewal to El Salvador, 0055, click the ‘‘Comment Now!’’ icon, provide flexibility by increasing fishing
allowing the continued importation into complete the required fields, and enter opportunities for their angler passengers
the United States of yellowfin tuna and or attach your comments. through a management program for Gulf
products derived from yellowfin tuna • Mail: Submit written comments to headboats participating in the Southeast
harvested in the ETP by Salvadoran-flag Susan Gerhart, NMFS Southeast Region Headboat Survey (SRHS). The
purse seine vessels or purse seine Regional Office, 263 13th Avenue species that may be included in the
vessels operating under Salvadoran South, St. Petersburg, FL 33701. program developed in Amendment 42
jurisdiction through March 31, 2016. El Instructions: Comments sent by any are red snapper, gray triggerfish, greater
Salvador’s five-year affirmative finding other method, to any other address or amberjack, gag, and red grouper.
will remain valid through March 31, individual, or received after the end of In the Gulf, one Federal charter
2018, subject to subsequent annual the comment period, may not be vessel/headboat permit for reef fish is
reviews by NMFS. considered by NMFS. All comments issued by NMFS, and the permit does
received are a part of the public record not distinguish between headboats and
Dated: May 4, 2016. charter vessels. The SRHS collects catch
and will generally be posted for public
Eileen Sobeck, and effort data from headboats in the
viewing on www.regulations.gov
Assistant Administrator for Fisheries, without change. All personal identifying Southeast Region, thereby producing a
National Marine Fisheries Service. catch history for each vessel included in
information (e.g., name, address, etc.),
[FR Doc. 2016–10970 Filed 5–9–16; 8:45 am] confidential business information, or the survey. In addition, for fishery
BILLING CODE 3510–22–P otherwise sensitive information managers, the SRHS continues to be the
submitted voluntarily by the sender will sole source for effort and landings
be publicly accessible. NMFS will estimates for the headboat component as
DEPARTMENT OF COMMERCE accept anonymous comments (enter ‘‘N/ a whole. For these reasons, the vessels
A’’ in the required fields if you wish to included in Amendment 42 are those
National Oceanic and Atmospheric vessels with Federal charter vessel/
Administration remain anonymous).
headboat permits for reef fish that also
FOR FURTHER INFORMATION CONTACT:
have landings in the SRHS, as described
Susan Gerhart, NMFS Southeast
RIN 0648–XE600 in Amendment 42. The availability of
Regional Office, telephone: 727–824–
vessel-specific landings data through
Fisheries of the Caribbean, Gulf of 5305; or email: susan.gerhart@noaa.gov.
the SRHS may allow development of an
Mexico, and South Atlantic; Reef Fish SUPPLEMENTARY INFORMATION: The allocation-based management program
Resources of the Gulf of Mexico; Council recently took action to provide for headboats using those landings
Amendment 42 more flexibility in managing the harvest histories.
of red snapper by the various NMFS, in collaboration with the
AGENCY: National Marine Fisheries components of the Gulf reef fish Council, will develop a DEIS for
Service (NMFS), National Oceanic and recreational sector. In 2014, the Council Amendment 42 to describe and analyze
Atmospheric Administration (NOAA), established separate private angling and alternatives to address the management
Commerce. Federal charter vessel/headboat (for- needs described above, including the
ACTION: Notice of Intent (NOI) to prepare hire) components of the red snapper ‘‘no action’’ alternative. In accordance
a draft environmental impact statement recreational sector. The decrease over with NOAA’s Administrative Order
(DEIS); request for comments. time in the proportion of red snapper 216–6A and the regulations issued by
harvested by anglers fishing from the Council on Environmental Quality
SUMMARY: The NMFS Southeast Region, Federal for-hire vessels and differences (CEQ) for implementing the National
in collaboration with the Gulf of Mexico in regulatory environments faced by Environmental Policy Act (NEPA; 40
Fishery Management Council (Council), Federal for-hire operators and private CFR parts 1500–1508), NMFS, in
intends to prepare a DEIS to describe anglers contributed to the Council’s collaboration with the Council, has
and analyze a range of alternatives for decision to restructure the red snapper identified preliminary environmental
management actions to be included in recreational sector to increase flexibility issues as a means to initiate discussion
Amendment 42 to the Fishery for each component. Recreational for scoping purposes only. These
Management Plan (FMP) for the Reef fishing for other reef fish species has not preliminary issues may not represent
Fish Resources of the Gulf of Mexico been as restricted as red snapper, but the full range of issues that eventually
(Amendment 42). Amendment 42 will fishing has closed in Federal waters in will be evaluated in the DEIS. A copy
consider an allocation-based recent years for several popular reef fish of the Amendment 42 draft options
management program for the headboat species with recreational annual catch paper is available at: http://
asabaliauskas on DSK3SPTVN1PROD with NOTICES
component of the reef fish recreational limits. sero.nmfs.noaa.gov/sustainable_
fishery in the Gulf of Mexico (Gulf). The In early 2015, the Council requested fisheries/gulf_fisheries/reef_fish/
purpose of this NOI is to solicit public the development of Amendment 42 to index.html.
comments on the scope of issues to be the Fishery Management Plan for Reef Comments on the scope of the DEIS
addressed in the DEIS. Fish Resources of the Gulf of Mexico may be submitted in writing to NMFS
DATES: Written comments on the scope (Amendment 42) to address (see ADDRESSES) during the 30-day
of issues to be addressed in the DEIS management for the headboat scoping period. After the scoping period
will be accepted until June 9, 2016. component of the Gulf reef fish fishery and during the development of
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Document Created: 2016-05-10 05:18:40
Document Modified: 2016-05-10 05:18:40
| 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; affirmative finding annual renewal. | |
| Dates | The affirmative finding annual renewal is effective from April 1, 2015, through March 31, 2016. | |
| Contact | Justin Greenman, West Coast Region, National Marine Fisheries Service, 501 W. Ocean Blvd., Long Beach, CA 90802. Phone: 562-980-3264. Email: [email protected] | |
| FR Citation | 81 FR 28828 | |
| RIN Number | 0648-XE53 |
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