Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit; Horseshoe Crabs, 31434-31435 [E8-12261]
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31434
Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
The President’s Export Council:
Meeting of the President’s Export
Council
International Trade
Administration, U.S. Department of
Commerce.
ACTION: Notice of a Meeting via
Teleconference.
AGENCY:
SUMMARY: The President’s Export
Council will hold a meeting via
teleconference to deliberate draft letters
of recommendation and their draft final
report to the President.
DATES: June 25, 2008.
Time: 2:30 p.m. (EDST).
For the Conference Call-In Number
and Further Information, Contact: The
President’s Export Council Executive
Secretariat, Room 4043, Washington, DC
20230 (Phone: 202–482–1124), or visit
the PEC Web site, https://
www.ita.doc.gov/td/pec.
Caroline Swann,
Director, Office of Advisory Committees.
[FR Doc. E8–12165 Filed 5–30–08; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–803
Heavy Forged Hand Tools, With Or
Without Handles from the People’s
Republic of China: Rescission of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: (June 2, 2008.
FOR FURTHER INFORMATION CONTACT: Jay
Anderson, AD/CVD Operations, China/
NME Unit, Import Administration,
Room 4017, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, N.W., Washington, DC 20230;
telephone: (202) 482–4349.
SUPPLEMENTARY INFORMATION:
AGENCY:
(‘‘POR’’) February 1, 2007, through
January 31, 2008.1 On February 29,
2008, Truper Herramientas S.A. de C.V.
(‘‘Truper’’) requested that the
Department conduct an administrative
review of the anti–dumping order on
axes/adzes, bars/wedges, hammers/
sledges, and picks/mattocks to the
United States during the POR. No other
parties requested a review. On March
31, 2008, the Department published the
notice of initiation2 covering Truper. On
May 9, 2008, Truper withdrew its
request for review.
RESCISSION OF REVIEW:
Section 351.213(d)(1) of the
Department’s regulations provide that
the Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws its request at a later date if
the Department determines that it is
reasonable to extend the time limit for
withdrawing the request. Truper
properly withdrew its request before the
90-day deadline. Therefore, we are
rescinding this review of the
antidumping duty order on Heavy
Forged Hand Tools, With or Without
Handles from the PRC covering the
period February 1, 2007, through
January 31, 2008. The Department
intends to issue assessment instructions
to the U.S. Customs and Border
Protection (‘‘CBP’’) 15 days after
publication of this rescission notice.
The Department will instruct CBP to
assess antidumping duties at rates equal
to the cash deposit of estimated
antidumping duties required at the time
of entry, or withdrawal from warehouse,
for consumption, in accordance with 19
CFR 351.212(c)(1)(i).
NOTIFICATION REGARDING
ADMINISTRATIVE PROTECTIVE
ORDERS (‘‘APOs’’):
jlentini on PROD1PC65 with NOTICES
BACKGROUND:
This notice also serves as a reminder
to parties subject to APOs of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
On February 4, 2008, the Department
of Commerce (‘‘the Department’’)
published a notice of opportunity to
request an administrative review of the
antidumping duty order on Heavy
Forged Hand Tools, With Or Without
Handles from the People’s Republic of
China (‘‘PRC’’) for the period of review
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation: Opportunity
to Request Administrative Review, 73 FR 6477
(February 4, 2008)
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews,
Request for Revocation in Part, and Deferral of
Administrative Review, 73 FR 16837 (March 31,
2008).
VerDate Aug<31>2005
19:06 May 30, 2008
Jkt 214001
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: May 23, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–12258 Filed 5–30–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–X103
Atlantic Coastal Fisheries Cooperative
Management Act Provisions;
Application for Exempted Fishing
Permit; Horseshoe Crabs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of a proposal to
conduct exempted fishing; request for
comments.
AGENCY:
SUMMARY: NMFS announces that the
Director, Office of Sustainable Fisheries
(Director), has made a preliminary
determination that the subject exempted
fishing permit (EFP) application
submitted by Limuli Laboratories of
Cape May Court House, New Jersey,
contains all the required information
and warrants further consideration. The
proposed EFP would allow the harvest
of up to 10,000 horseshoe crabs from the
Carl N. Shuster Jr. Horseshoe Crab
Reserve for biomedical purposes and
require, as a condition of the EFP, the
collection of data related to the status of
horseshoe crabs within the reserve. The
Director has also made a preliminary
determination that the activities
authorized under the EFP would be
consistent with the goals and objectives
of the Atlantic States Marine Fisheries
Commission’s (Commission) Horseshoe
Crab Interstate Fisheries Management
Plan (FMP). However, further review
and consultation may be necessary
before a final determination is made to
issue the EFP. Therefore, NMFS
announces that the Director proposes to
recommend that an EFP be issued that
would allow up to 3 commercial fishing
vessels to conduct fishing operations
that are otherwise restricted by the
E:\FR\FM\02JNN1.SGM
02JNN1
Federal Register / Vol. 73, No. 106 / Monday, June 2, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
regulations promulgated under the
Atlantic Coastal Fisheries Cooperative
Management Act (Atlantic Coastal Act).
The EFP would allow for an exemption
from the Carl N. Shuster Jr. Horseshoe
Crab Reserve (Reserve).
Regulations under the Atlantic
Coastal Act require publication of this
notification to provide interested parties
the opportunity to comment on
applications for proposed EFPs.
DATES: Written comments on this action
must be received on or before [July 2,
2008.
ADDRESSES: Written comments should
be sent to Alan Risenhoover, Director,
Office of Sustainable Fisheries, NMFS,
1315 East-West Highway, Room 13362,
Silver Spring, MD 20910. Mark the
outside of the envelope ‘‘Comments on
Horseshoe Crab EFP Proposal.’’
Comments may also be sent via fax to
(301) 713–0596. Comments on this
notice may also be submitted by e-mail
to: Horseshoe-Crab.EFP@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: Horseshoe Crab EFP Proposal.
FOR FURTHER INFORMATION CONTACT:
Brian Hooker, Fishery Management
Specialist, (301) 713–2334 x173.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an
application for an EFP on April 25, 2008
to collect up to 10,000 horseshoe crabs
for biomedical and data collection
purposes from the Reserve. The
applicant has applied for, and received,
a similar EFP every year from 2001 2007. The EFP application specified
that: (1) the same methods would be
used in 2008 that were used in years
2001–2007, (2) at least 15 percent of the
bled horseshoe crabs would be tagged,
and (3) there had not been any sighting
or capture of marine mammals or
endangered species in the trawling nets
of fishing vessels engaged in the
collection of horseshoe crabs since
1993. The project submitted by Limuli
Laboratories would provide
morphological data on horseshoe crab
catch, would participate in the U.S. Fish
and Wildlife Service’s Cooperative
Tagging Program by tagging caught
horseshoe crabs, and would use the
blood from the caught horseshoe crabs
to manufacture Limulus Amebocyte
Lysate (LAL), an important health and
safety product used for the detection of
endotoxins. The LAL assay is used by
medical professionals, drug companies,
and pharmacies to detect endotoxins in
intravenous pharmaceuticals and
medical devices that come into contact
with human blood or spinal fluid.
VerDate Aug<31>2005
19:06 May 30, 2008
Jkt 214001
Results of 2007 EFP
During the 2007 season the applicant
collected 3,748 horseshoe crabs during
15 days between September and
November, transported to the laboratory
and inspected for sex, size, injuries and
responsiveness prior to the bleeding
operation. Injured horseshoe crabs
accounted for 6.51–percent (a slight
decrease from 6.99–percent in 2006) of
the total while 0.91–percent (a decrease
from 2.1–percent last year) were
unresponsive due to collecting,
transporting and handing (presumed
dead). In addition, 7 horseshoe crabs
were rejected due to small size and not
utilized in the manufacturing process.
Therefore, 3,463 healthy, uninjured
crabs were available for LAL processing.
Since large horseshoe crabs, which are
generally females, are used for LAL
processing, most were females. Of those
3,463 processed for LAL, 200 female
crabs were measured (inter-ocular
distances and prosoma widths),
weighed, aged, and tagged to establish
baseline morphometrics and ages, prior
to being returned to the water. An
additional 375 animals that were bled
were tagged for a total of 575 animals.
The average measurements for the
female horseshoe crabs were 163.90 mm
for the inter-ocular distance (a slight
decrease from the 2006 measurement of
167.69 mm); 267.56 mm for the prosoma
width (a slight decrease in width from
2006 measurement of 268.74 mm); and
2.58 kg for the weight (a slight increase
in weight from 2006 value of 2.51 kg).
Age determination according to an aging
technique developed by Carl N. Shuster
Jr., showed that the majority of female
horseshoe crabs were medium (147 or
73–percent), followed by young (40–
percent), old (10–percent), and virgin
(3–percent). This finding supports the
basis for the Reserve, which was
established to protect young horseshoe
crabs. Encrusting organisms were found
on 121 of the female animals examined.
The most prevalent epibionts on the
females was the slipper shell. Data
collected under the EFP were supplied
to NMFS, the Commission, and the State
of New Jersey.
Proposed 2008 EFP
Limuli Laboratories proposes to
conduct an exempted fishery operation
using the same means, methods, and
seasons utilized during the EFPs in
2001–2007. Limuli proposes to continue
to tag at least 15 percent of the bled
horseshoe crabs as they did in 2007.
NMFS would require that the following
terms and conditions for issuance of the
EFP:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
31435
1. Limiting the number of horseshoe
crabs collected in the Reserve to no
more than 500 crabs per day and to a
total of no more than 10,000 crabs per
year;
2. Requiring collections to take place
over a total of approximately 20 days
during the months of July, August,
September, October, and November.
Horseshoe crabs are readily available in
harvestable concentrations nearshore
earlier in the year, and offshore in the
Reserve from July through November;
3. Requiring that a 5 1⁄2 inch (14.0 cm)
flounder net be used by the vessel to
collect the horseshoe crabs. This
condition would allow for continuation
of traditional harvest gear and adds to
the consistency in the way horseshoe
crabs are harvested for data collection;
4. Limiting trawl tow times to 30
minutes as a conservation measure to
protect sea turtles, which are expected
to be migrating through the area during
the collection period, and are vulnerable
to bottom trawling;
5. Restricting the hours of fishing to
daylight hours only, approximately from
7:30 a.m. to 5 p.m. to aid law
enforcement;
6. Requiring that the collected
horseshoe crabs be picked up from the
fishing vessels at docks in the Cape May
Area and transported to local
laboratories, bled for LAL, and released
alive the following morning into the
Lower Delaware Bay; and
7. Requiring that any turtle take be
reported to NMFS, Northeast Region
Assistant Regional Administrator of
Protected Resources Division within 24
hours of returning from the trip in
which the incidental take occurred.
As part of the terms and conditions of
the EFP, for all horseshoe crabs bled for
LAL, NMFS would require that the EFP
holder provide data on sex ratio and
daily harvest. Also, the EFP holder
would be required to examine at least
200 horseshoe crabs for morphometric
data. Terms and conditions may be
added or amended prior to the issuance
of the EFP.
The proposed EFP would exempt
three commercial vessels from
regulations at 50 CFR 697.7(e) and
§ 697.23(f) which prohibit the harvest
and possession of horseshoe crabs on a
vessel with a trawl or dredge gear
aboard from the Reserve.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2008.
Emily Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–12261 Filed 5–30–08; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\02JNN1.SGM
02JNN1
Agencies
[Federal Register Volume 73, Number 106 (Monday, June 2, 2008)]
[Notices]
[Pages 31434-31435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12261]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-X103
Atlantic Coastal Fisheries Cooperative Management Act Provisions;
Application for Exempted Fishing Permit; Horseshoe Crabs
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of a proposal to conduct exempted fishing; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces that the Director, Office of Sustainable
Fisheries (Director), has made a preliminary determination that the
subject exempted fishing permit (EFP) application submitted by Limuli
Laboratories of Cape May Court House, New Jersey, contains all the
required information and warrants further consideration. The proposed
EFP would allow the harvest of up to 10,000 horseshoe crabs from the
Carl N. Shuster Jr. Horseshoe Crab Reserve for biomedical purposes and
require, as a condition of the EFP, the collection of data related to
the status of horseshoe crabs within the reserve. The Director has also
made a preliminary determination that the activities authorized under
the EFP would be consistent with the goals and objectives of the
Atlantic States Marine Fisheries Commission's (Commission) Horseshoe
Crab Interstate Fisheries Management Plan (FMP). However, further
review and consultation may be necessary before a final determination
is made to issue the EFP. Therefore, NMFS announces that the Director
proposes to recommend that an EFP be issued that would allow up to 3
commercial fishing vessels to conduct fishing operations that are
otherwise restricted by the
[[Page 31435]]
regulations promulgated under the Atlantic Coastal Fisheries
Cooperative Management Act (Atlantic Coastal Act). The EFP would allow
for an exemption from the Carl N. Shuster Jr. Horseshoe Crab Reserve
(Reserve).
Regulations under the Atlantic Coastal Act require publication of
this notification to provide interested parties the opportunity to
comment on applications for proposed EFPs.
DATES: Written comments on this action must be received on or before
[July 2, 2008.
ADDRESSES: Written comments should be sent to Alan Risenhoover,
Director, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Room 13362, Silver Spring, MD 20910. Mark the outside of the
envelope ``Comments on Horseshoe Crab EFP Proposal.'' Comments may also
be sent via fax to (301) 713-0596. Comments on this notice may also be
submitted by e-mail to: Horseshoe-Crab.EFP@noaa.gov. Include in the
subject line of the e-mail comment the following document identifier:
Horseshoe Crab EFP Proposal.
FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management
Specialist, (301) 713-2334 x173.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an application for an EFP on April
25, 2008 to collect up to 10,000 horseshoe crabs for biomedical and
data collection purposes from the Reserve. The applicant has applied
for, and received, a similar EFP every year from 2001 - 2007. The EFP
application specified that: (1) the same methods would be used in 2008
that were used in years 2001-2007, (2) at least 15 percent of the bled
horseshoe crabs would be tagged, and (3) there had not been any
sighting or capture of marine mammals or endangered species in the
trawling nets of fishing vessels engaged in the collection of horseshoe
crabs since 1993. The project submitted by Limuli Laboratories would
provide morphological data on horseshoe crab catch, would participate
in the U.S. Fish and Wildlife Service's Cooperative Tagging Program by
tagging caught horseshoe crabs, and would use the blood from the caught
horseshoe crabs to manufacture Limulus Amebocyte Lysate (LAL), an
important health and safety product used for the detection of
endotoxins. The LAL assay is used by medical professionals, drug
companies, and pharmacies to detect endotoxins in intravenous
pharmaceuticals and medical devices that come into contact with human
blood or spinal fluid.
Results of 2007 EFP
During the 2007 season the applicant collected 3,748 horseshoe
crabs during 15 days between September and November, transported to the
laboratory and inspected for sex, size, injuries and responsiveness
prior to the bleeding operation. Injured horseshoe crabs accounted for
6.51-percent (a slight decrease from 6.99-percent in 2006) of the total
while 0.91-percent (a decrease from 2.1-percent last year) were
unresponsive due to collecting, transporting and handing (presumed
dead). In addition, 7 horseshoe crabs were rejected due to small size
and not utilized in the manufacturing process. Therefore, 3,463
healthy, uninjured crabs were available for LAL processing. Since large
horseshoe crabs, which are generally females, are used for LAL
processing, most were females. Of those 3,463 processed for LAL, 200
female crabs were measured (inter-ocular distances and prosoma widths),
weighed, aged, and tagged to establish baseline morphometrics and ages,
prior to being returned to the water. An additional 375 animals that
were bled were tagged for a total of 575 animals. The average
measurements for the female horseshoe crabs were 163.90 mm for the
inter-ocular distance (a slight decrease from the 2006 measurement of
167.69 mm); 267.56 mm for the prosoma width (a slight decrease in width
from 2006 measurement of 268.74 mm); and 2.58 kg for the weight (a
slight increase in weight from 2006 value of 2.51 kg). Age
determination according to an aging technique developed by Carl N.
Shuster Jr., showed that the majority of female horseshoe crabs were
medium (147 or 73-percent), followed by young (40-percent), old (10-
percent), and virgin (3-percent). This finding supports the basis for
the Reserve, which was established to protect young horseshoe crabs.
Encrusting organisms were found on 121 of the female animals examined.
The most prevalent epibionts on the females was the slipper shell. Data
collected under the EFP were supplied to NMFS, the Commission, and the
State of New Jersey.
Proposed 2008 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation using the same means, methods, and seasons utilized during
the EFPs in 2001-2007. Limuli proposes to continue to tag at least 15
percent of the bled horseshoe crabs as they did in 2007. NMFS would
require that the following terms and conditions for issuance of the
EFP:
1. Limiting the number of horseshoe crabs collected in the Reserve
to no more than 500 crabs per day and to a total of no more than 10,000
crabs per year;
2. Requiring collections to take place over a total of
approximately 20 days during the months of July, August, September,
October, and November. Horseshoe crabs are readily available in
harvestable concentrations nearshore earlier in the year, and offshore
in the Reserve from July through November;
3. Requiring that a 5 \1/2\ inch (14.0 cm) flounder net be used by
the vessel to collect the horseshoe crabs. This condition would allow
for continuation of traditional harvest gear and adds to the
consistency in the way horseshoe crabs are harvested for data
collection;
4. Limiting trawl tow times to 30 minutes as a conservation measure
to protect sea turtles, which are expected to be migrating through the
area during the collection period, and are vulnerable to bottom
trawling;
5. Restricting the hours of fishing to daylight hours only,
approximately from 7:30 a.m. to 5 p.m. to aid law enforcement;
6. Requiring that the collected horseshoe crabs be picked up from
the fishing vessels at docks in the Cape May Area and transported to
local laboratories, bled for LAL, and released alive the following
morning into the Lower Delaware Bay; and
7. Requiring that any turtle take be reported to NMFS, Northeast
Region Assistant Regional Administrator of Protected Resources Division
within 24 hours of returning from the trip in which the incidental take
occurred.
As part of the terms and conditions of the EFP, for all horseshoe
crabs bled for LAL, NMFS would require that the EFP holder provide data
on sex ratio and daily harvest. Also, the EFP holder would be required
to examine at least 200 horseshoe crabs for morphometric data. Terms
and conditions may be added or amended prior to the issuance of the
EFP.
The proposed EFP would exempt three commercial vessels from
regulations at 50 CFR 697.7(e) and Sec. 697.23(f) which prohibit the
harvest and possession of horseshoe crabs on a vessel with a trawl or
dredge gear aboard from the Reserve.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 23, 2008.
Emily Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-12261 Filed 5-30-08; 8:45 am]
BILLING CODE 3510-22-S