83 FR 54720 - Endangered and Threatened Species: Take of Anadromous Fish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 211 (October 31, 2018)

Page Range		54720-54722
FR Document		2018-23812

NMFS has received an application for a new Enhancement of Survival Permit and a request for entry into an associated proposed Safe Harbor Agreement (Agreement) between the applicant and NMFS. The proposed Enhancement of Survival Permit and Agreement are intended to promote the survival and recovery of Central California Coast (CCC) Coho Salmon (Oncorhynchus kisutch) and CCC Steelhead (O. mykiss) listed as endangered and threatened, respectively, under the Endangered Species Act (ESA). Information NMFS received as a part of the application is available upon request by contacting the NMFS West Coast Region (WCR) at its California Coastal Office in Santa Rosa, California (see FOR FURTHER INFORMATION CONTACT).

Federal Register, Volume 83 Issue 211 (Wednesday, October 31, 2018)

[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Notices]
[Pages 54720-54722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23812]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG423


Endangered and Threatened Species: Take of Anadromous Fish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice.

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SUMMARY: NMFS has received an application for a new Enhancement of 
Survival Permit and a request for entry into an associated proposed 
Safe Harbor Agreement (Agreement) between the applicant and NMFS. The 
proposed Enhancement of Survival Permit and Agreement are intended to 
promote the survival and recovery of Central California Coast (CCC) 
Coho Salmon (Oncorhynchus kisutch) and CCC Steelhead (O. mykiss) listed 
as

[[Page 54721]]

endangered and threatened, respectively, under the Endangered Species 
Act (ESA). Information NMFS received as a part of the application is 
available upon request by contacting the NMFS West Coast Region (WCR) 
at its California Coastal Office in Santa Rosa, California (see FOR 
FURTHER INFORMATION CONTACT).

DATES: Comments or requests for a public hearing on the action proposed 
in the application or related matters must be received at the 
appropriate address or fax number (see ADDRESSES) no later than 5 p.m. 
Pacific standard time on November 30, 2018.

ADDRESSES: You may submit comments on this document and requests for a 
public hearing by any of the following methods. Please identify 
comments as relating to the ``MacMurray Ranch Safe Harbor Agreement.''
    Electronic Submissions: Submit all electronic comments via the 
Federal Rulemaking Portal. Go to http://www.regulations.gov/, click the 
``Comment Now!'' icon, complete the required fields, and enter, or 
attach your comments.
    Mail, Email, Fax: Submit written comments and requests for a public 
hearing to California Coastal Office, NMFS WCR, 777 Sonoma Avenue, Room 
325, Santa Rosa, CA 95404. Comments and requests may also be submitted 
via fax to 707-578-3435 or by email to 
WCRMacMurraySHA.comments@noaa.gov.
    Instructions: Comments sent by any other methods, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on http://www.regulations.gov without change. All personally identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Dan Wilson, Santa Rosa, CA, Telephone: 
707-578-8555, Fax: 707-578-3435, email: 
WCRMacMurrrayRanchSHA.comments@noaa.gov.

SUPPLEMENTARY INFORMATION: 

Species Covered in This Notice

    The proposed Enhancement of Survival Permit and Agreement are 
intended to promote the survival and recovery of endangered CCC Coho 
Salmon and threatened CCC Steelhead.

Authority

    Enhancement of Survival Permits are issued in accordance with 
section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations 
governing ESA-listed fish and wildlife permits (50 CFR parts 222-227). 
NMFS issues permits based on findings that such permits: (1) Were 
applied for in good faith; (2) if granted and exercised would not 
operate to the disadvantage of the listed species that are the subject 
of the permit; and (3) are consistent with the purposes and policy set 
forth in section 2 of the ESA. The authority to take ESA-listed species 
is subject to conditions set forth in the permits.
    Under a Safe Harbor Agreement, participating landowners voluntarily 
undertake management activities on their property to enhance, restore, 
or maintain habitat benefiting species listed under the ESA (16 U.S.C. 
1531 et seq.). Safe Harbor Agreements, and the subsequent Enhancement 
of Survival Permits that are issued pursuant to section 10(a)(1)(A) of 
the ESA, encourage private and other non-Federal property owners to 
implement conservation efforts for listed species by assuring property 
owners that they will not be subjected to increased property-use 
restrictions as a result of their efforts to attract listed species to 
their property and increase the numbers or distribution of these 
species already on their property. Application requirements and 
issuance criteria for Enhancement of Survival Permits through Safe 
Harbor Agreements are found in 50 CFR 222.308(b), 222.308(c), and the 
Announcement of Final Safe Harbor Policy published on June 17, 1999 (64 
FR 32717). These permits allow any necessary future incidental take of 
covered species above the mutually agreed-upon baseline conditions for 
those species in accordance with the terms and conditions of the 
permits and accompanying agreements.
    An interested party may submit data, views, arguments, or a request 
for a hearing with respect to the action proposed in the application or 
related matters. Anyone requesting a hearing on a matter pursuant to 
this notice should set out the specific reasons why a hearing on that 
matter would be appropriate (see ADDRESSES). Such hearings are held at 
the discretion of the Assistant Administrator for Fisheries, NMFS.

Applications Received

Permit 22362

    E. & J. Gallo Winery, (Applicant) is requesting that NMFS issue it 
an Enhancement of Survival Permit and approve an associated proposed 
Agreement that it developed with NMFS. The Enhancement of Survival 
Permit will facilitate implementation of the Agreement that is expected 
to promote the recovery of CCC Coho Salmon and CCC Steelhead on non-
Federal property within Porter Creek on the Applicant's MacMurray 
Ranch. Porter Creek is a tributary to the Russian River in Sonoma 
County, California. The proposed duration of the Agreement and the 
associated Enhancement of Survival Permit is three years. The proposed 
Enhancement of Survival Permit would authorize the incidental taking of 
CCC Coho Salmon and CCC Steelhead that may be associated with covered 
activities including beneficial management activities (i.e., reservoir 
releases) and the return of the enrolled property to baseline 
conditions at the end of the Agreement, as defined in the Agreement. 
The Agreement specifies the beneficial management activities to be 
carried out on the enrolled property and the schedule for implementing 
those activities.
    The Agreement requires that the Applicant maintain baseline 
condition for the covered species habitat on the enrolled property. 
NMFS has reviewed the baseline condition for the enrolled property as 
it is defined in the Agreement. The Agreement also contains a 
monitoring component that requires the Applicant to ensure compliance 
with the terms and conditions of the Agreement, and that the baseline 
levels of habitat for the covered species occurs on the enrolled 
property. Results of the monitoring efforts will be provided to NMFS by 
the Applicant in an annual report for the duration of the three-year 
permit term.
    Upon all parties' execution of this Agreement, and consistent with 
the NMFS' Safe Harbor Policy (64 FR 32717), NMFS will issue an 
Enhancement of Survival Permit to the Applicant. The Enhancement of 
Survival Permit will authorize the Applicant to take CCC Coho Salmon 
and CCC Steelhead incidental to the implementation of the covered 
activities specified in the Agreement, incidental to other lawful uses 
of the enrolled property, and to return to baseline conditions if 
desired at the end of the Agreement. In addition to meeting other 
criteria, actions to be performed under the Enhancement of Survival 
Permit

[[Page 54722]]

must not jeopardize the existence of Federally listed species.
    This notice is provided pursuant to section 10(c) of the ESA. NMFS 
will evaluate the application, associated documents, and comments 
submitted to determine whether the application meets the applicable 
requirements of section 10(a) of the ESA and Federal regulations. NMFS' 
decision on whether to issue the permit will not be made until after 
the end of the 30-day comment period.
    NMFS will publish notice of its final action in the Federal 
Register.

    Dated: October 26, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-23812 Filed 10-30-18; 8:45 am]
 BILLING CODE 3510-22-P

54720 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

verification report is issued in this to a period not to exceed six months.10 (CAS) registry number of 56–40–6. Glycine
investigation. Rebuttal briefs, limited to In accordance with section 735(a)(2)(A) and glycine slurry are classified under
issues raised in case briefs, may be of the Act and 19 CFR 351.210(b)(2)(ii), Harmonized Tariff Schedule of the United
States (HTSUS) subheading 2922.49.43.00.
submitted no later than five days after because: (1) The preliminary
Sodium glycinate is classified in the HTSUS
the deadline date for case briefs.9 determination is affirmative; (2) the under 2922.49.80.00. While the HTSUS
Pursuant to 19 CFR 351.309(c)(2) and requesting exporters account for a subheadings and CAS registry number are
(d)(2), parties who submit case briefs or significant proportion of exports of the provided for convenience and customs
rebuttal briefs in this investigation are subject merchandise; and (3) no purposes, the written description of the
encouraged to submit with each compelling reasons for denial exist, scope of this investigation is dispositive.
argument: (1) A statement of the issue; Commerce is postponing the final
Appendix II
(2) a brief summary of the argument; determination and extending the
and (3) a table of authorities. provisional measures from a four-month List of Topics Discussed in the Preliminary
period to a period not greater than six Decision Memorandum
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a months. Accordingly, Commerce will I. Summary
make its final determination no later II. Background
hearing, limited to issues raised in the III. Period of Investigation
than 135 days after the date of
case and rebuttal briefs, must submit a IV. Postponement of Final Determination and
publication of this preliminary
written request to the Assistant Extension of Provisional Measures
determination.
Secretary for Enforcement and V. Scope Comments
Compliance, U.S. Department of International Trade Commission VI. Application of Facts Available and Use of
Commerce, within 30 days after the date Notification Adverse Inference
of publication of this notice. Requests VII. All-Others Rate
In accordance with section 733(f) of VIII. Discussion of the Methodology
should contain the party’s name, the Act, Commerce will notify the A. Determination of Comparison Method
address, and telephone number, the International Trade Commission (ITC) of B. Results of the Differential Pricing
number of participants, whether any its preliminary determination. If the Analysis
participant is a foreign national, and a final determination is affirmative, the IX. Date of Sale
list of the issues to be discussed. If a ITC will determine before the later of X. Product Comparisons
request for a hearing is made, Commerce 120 days after the date of this XI. Export Price
intends to hold the hearing at the U.S. preliminary determination or 45 days XII. Normal Value
Department of Commerce, 1401 A. Home Market Viability
after the final determination whether B. Level of Trade
Constitution Avenue NW, Washington, these imports are materially injuring, or C. Cost of Production (COP) Analysis
DC 20230, at a time and date to be threaten material injury to, the U.S. 1. Calculation of COP
determined. Parties should confirm by industry. 2. Test of Comparison Market Sales Prices
telephone the date, time, and location of 3. Results of the COP Test
the hearing two days before the Notification to Interested Parties D. Calculation of NV Based on Comparison
scheduled date. This determination is issued and Market Prices
published in accordance with sections XIII. Currency Conversion
Postponement of Final Determination 733(f) and 777(i)(1) of the Act and 19 XIV. Conclusion
and Extension of Provisional Measures CFR 351.205(c). [FR Doc. 2018–23720 Filed 10–30–18; 8:45 am]
Section 735(a)(2) of the Act provides Dated: October 24, 2018. BILLING CODE 3510–DS–P

that a final determination may be Gary Taverman,
postponed until not later than 135 days Deputy Assistant Secretary for Antidumping
after the date of the publication of the and Countervailing Duty Operations,
DEPARTMENT OF COMMERCE
preliminary determination if, in the performing the non-exclusive functions and
duties of the Assistant Secretary for
National Oceanic and Atmospheric
event of an affirmative preliminary Administration
determination, a request for such Enforcement and Compliance.
postponement is made by exporters who Appendix I RIN 0648–XG423
account for a significant proportion of
Scope of the Investigation Endangered and Threatened Species:
exports of the subject merchandise, or in
the event of a negative preliminary The merchandise covered by this Take of Anadromous Fish
investigation is glycine at any purity level or
determination, a request for such AGENCY: National Marine Fisheries
grade. This includes glycine of all purity
postponement is made by the petitioner. levels, which covers all forms of crude or Service (NMFS), National Oceanic and
Section 351.210(e)(2) of Commerce’s technical glycine including, but not limited Atmospheric Administration (NOAA),
regulations requires that a request by to, sodium glycinate, glycine slurry and any Commerce.
exporters for postponement of the final other forms of amino acetic acid or glycine.
Subject merchandise also includes glycine ACTION: Notice.
determination be accompanied by a
request for extension of provisional and precursors of dried crystalline glycine
that are processed in a third country,
SUMMARY: NMFS has received an
measures from a four-month period to a application for a new Enhancement of
including, but not limited to, refining or any
period not more than six months in other processing that would not otherwise Survival Permit and a request for entry
duration. remove the merchandise from the scope of into an associated proposed Safe Harbor
On September 18, 2018, pursuant to this investigation if performed in the country Agreement (Agreement) between the
amozie on DSK3GDR082PROD with NOTICES1

19 CFR 351.210(e), Yuki Gosei and of manufacture of the in-scope glycine or applicant and NMFS. The proposed
Nagase requested that Commerce precursors of dried crystalline glycine. Enhancement of Survival Permit and
Glycine has the Chemical Abstracts Service Agreement are intended to promote the
postpone the final determination and
that provisional measures be extended 10 See Letter from Yuki Gosei and Nagase,
survival and recovery of Central
‘‘Glycine from Japan: Request to Postpone the Due
California Coast (CCC) Coho Salmon
9 See 19 CFR 351.309; see also 19 CFR 351.303 Date for the Final Determination,’’ dated September (Oncorhynchus kisutch) and CCC
(for general filing requirements). 18, 2018. Steelhead (O. mykiss) listed as

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54722 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Notices

must not jeopardize the existence of reef ecosystem regulatory area, to obtain Burden Hours: 27,238.
Federally listed species. and carry a permit. A receiving vessel Needs and Uses: The National
This notice is provided pursuant to owner must also have a transshipment Oceanic and Atmospheric
section 10(c) of the ESA. NMFS will permit for at-sea transshipment of coral Administration (NOAA), National
evaluate the application, associated reef ecosystem management unit Marine Fisheries Service (NMFS)
documents, and comments submitted to species. The permit application form deploys fishery observers on United
determine whether the application provides basic information about the States (U.S.) commercial fishing vessels
meets the applicable requirements of permit applicant, vessel, fishing gear and to fish processing plants in order to
section 10(a) of the ESA and Federal and method, target species, projected collect biological and economic data.
regulations. NMFS’ decision on whether fishing effort, etc., for use by NMFS and NMFS has at least one observer program
to issue the permit will not be made the Western Pacific Fishery in each of its five Regions. These
until after the end of the 30-day Management Council in determining observer programs provide the most
comment period. eligibility for permit issuance. The reliable and effective method for
NMFS will publish notice of its final information is important for obtaining information that is critical for
action in the Federal Register. understanding the nature of the fishery the conservation and management of
and provides a link to participants. It living marine resources. Observer
Dated: October 26, 2018.
also aids in the enforcement of Fishery programs primarily obtain information
Angela Somma,
Ecosystem Plan measures. through direct observations by
Chief, Endangered Species Division, Office employees or agents of NMFS; and such
of Protected Resources, National Marine Affected Public: Business or other for-
profit organizations and individuals or observations are not subject to the
Fisheries Service.
households. Paperwork Reduction Act (PRA).
[FR Doc. 2018–23812 Filed 10–30–18; 8:45 am]
Frequency: Annually. However, observer programs also collect
BILLING CODE 3510–22–P the following information that requires
Respondent’s Obligation: Mandatory.
This information collection request clearance under the PRA: (1)
may be viewed at reginfo.gov. Follow Standardized questions of fishing vessel
DEPARTMENT OF COMMERCE captains/crew or fish processing plant
the instructions to view Department of
National Oceanic and Atmospheric Commerce collections currently under managers/staff, which include gear and
Administration review by OMB. performance questions, safety questions,
Written comments and and trip costs, crew size and other
Submission for OMB Review; recommendations for the proposed economic questions; (2) questions asked
Comment Request information collection should be sent by observer program staff/contractors to
within 30 days of publication of this plan observer deployments; (3) forms
The Department of Commerce will notice to OIRA_Submission@ that are completed by observers and that
submit to the Office of Management and omb.eop.gov or fax to (202) 395–5806. fishing vessel captains are asked to
Budget (OMB) for clearance the review and sign; (4) questionnaires to
following proposal for collection of Dated: October 25, 2018.
evaluate observer performance; and (5)
information under the provisions of the Sarah Brabson, a form to certify that a fisherman is the
Paperwork Reduction Act (44 U.S.C. NOAA PRA Clearance Officer. permit holder when requesting observer
Chapter 35). [FR Doc. 2018–23830 Filed 10–30–18; 8:45 am] data from the observer on the vessel.
Agency: National Oceanic and BILLING CODE 3510–22–P NMFS seeks to renew OMB PRA
Atmospheric Administration (NOAA). clearance for these information
Title: Pacific Islands Region Coral collections.
Reef Ecosystems Permit Form. DEPARTMENT OF COMMERCE The information collected will be
OMB Control Number: 0648–0463. used to: (1) Monitor catch and bycatch
Form Number(s): None. National Oceanic and Atmospheric in federally managed commercial
Type of Request: Regular (extension of Administration fisheries; (2) understand the population
a currently approved information status and trends of fish stocks and
collection). Submission for OMB Review;
protected species, as well as the
Number of Respondents: 12. Comment Request
interactions between them; (3)
Average Hours per Response: 2 hours The Department of Commerce will determine the quantity and distribution
per special permit application; 10 submit to the Office of Management and of net benefits derived from living
minutes per transhipment permit Budget (OMB) for clearance the marine resources; (4) predict the
application. following proposal for collection of biological, ecological, and economic
Burden Hours: 31. information under the provisions of the impacts of existing management action
Needs and Uses: This request is for Paperwork Reduction Act (44 U.S.C. and proposed management options; and
extension of a current information Chapter 35). (5) ensure that the observer programs
collection. Agency: National Oceanic and can safely and efficiently collect the
The National Marine Fisheries Service Atmospheric Administration (NOAA). information required for the previous
(NMFS) requires, as codified under 50 Title: Observer Programs’ Information four uses. In particular, these biological
CFR part 665, any person (1) fishing for, That Can Be Gathered Only Through and economic data collection programs
taking, retaining, or using a vessel to Questions. contribute to legally mandated analyses
fish for Western Pacific coral reef OMB Control Number: 0648–0593. required under the Magnuson-Stevens
amozie on DSK3GDR082PROD with NOTICES1

ecosystem management unit species in Form Number(s): None. Fishery Conservation and Management
the designated low-use Marine Type of Request: Regular (extension of Act (MSA), the Endangered Species Act
Protected Areas, (2) fishing for any of a currently approved information (ESA), the Marine Mammal Protection
these species using gear not specifically collection). Act (MMPA), the National
allowed in the regulations, or (3) fishing Number of Respondents: 3,711. Environmental Policy Act (NEPA), the
for, taking, or retaining any Potentially Average Hours per Response: 75 Regulatory Flexibility Act (RFA),
Harvested Coral Reef Taxa in the coral minutes. Executive Order 12866 (E.O. 12866), as

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Document Created: 2018-10-31 00:33:55
Document Modified: 2018-10-31 00:33:55

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.
Dates		Comments or requests for a public hearing on the action proposed in the application or related matters must be received at the
Contact		Dan Wilson, Santa Rosa, CA, Telephone: 707-578-8555, Fax: 707-578-3435, email: [email protected]
FR Citation		83 FR 54720
RIN Number		0648-XG42

83 FR 54720 - Endangered and Threatened Species: Take of Anadromous Fish

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 211 (October 31, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration