Atlantic Highly Migratory Species; Advisory Panel, 62482-62484 [E8-25078]

Download as PDF 62482 Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices agree with the petitioner that the merchandise Caye Furnishings described in its request is not within the scope of the investigations. Therefore, we have not modified the scope language as suggested by any of the parties. mstockstill on PROD1PC66 with NOTICES Adverse Facts Available For the final determination, we continue to find that, by failing to provide information we requested, Bedding Component Manufacturers (Pty) Ltd. (BCM), the mandatory respondent in this investigation, did not act to the best of its ability. Thus, the Department continues to find that the use of adverse facts available is warranted for this company under sections 776(a)(2) and (b) of the Act. See Preliminary Determination, 73 FR at 45743. As we explained in the Preliminary Determination, the rate of 121.39 percent we selected as the adverse facts–available rate for BCM is the single margin alleged in the petition (see Petitions on Uncovered Innerspring Units from China, South Africa, and Vietnam, dated December 31, 2007 (Petition), and January 11, 2008, supplement to the Petition filed on behalf of Leggett and Platt, Incorporated, (the petitioner)), as recalculated in the January 22, 2008, Antidumping Investigation Initiation Checklist: Uncovered Innerspring Units from South Africa, on file in Import Administration’s Central Records Unit, Room 1117, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230. See, also, Uncovered Innerspring Units From the People’s Republic of China, South Africa, and the Socialist Republic of Vietnam: Initiation of Antidumping Duty Investigations, 73 FR 4822 (January 28, 2008). Further, as discussed in the Preliminary Determination, we corroborated the adverse facts–available rate pursuant to section 776(c) of the Act. See Preliminary Determination, 73 FR at 45743, 45744. All–Others Rate Section 735(c)(5)(B) of the Act provides that, where the estimated weighted–average dumping margins established for all exporters and producers individually investigated are zero or de minimis margins or are determined entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated all–others rate for exporters and producers not individually investigated. This provision contemplates that, if the data do not permit weight–averaging margins other VerDate Aug<31>2005 17:06 Oct 20, 2008 Jkt 217001 than the zero, de minimis, or total facts– available margins, the Department may use any other reasonable method. See also Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H. Doc. No. 103–316, at 873 (1994). As discussed above, BCM is the sole respondent in this investigation and has been assigned a margin based on total adverse facts available. Because the petition contained only one estimated dumping margin and because there are no other respondents in this investigation, there are no additional estimated margins available for purposes of establishing an all–others rate. See Notice of Final Determination of Sales at Less Than Fair Value: Ferrovandium from the Republic of South Africa, 67 FR 71136 (November 29, 2002). Therefore, with this final determination we are establishing 121.39 percent as the all–others rate. accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports or sales (or the likelihood of sales) for importation of the subject merchandise. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. Notification Regarding APO This notice also serves as a reminder to parties subject to administrative Final Determination of Investigation protective order (APO) of their We determine that the following responsibility concerning the weighted–average dumping margins disposition of proprietary information exist for the period October 1, 2006, disclosed under APO in accordance through September 30, 2007: with 19 CFR 351.305. Timely notification of return/destruction of Manufacturer or Exporter Margin (percent) APO materials or conversion to judicial protective order is hereby requested. Bedding Component ManFailure to comply with the regulations ufacturers (Pty) Ltd. ...... 121.39 All Others .......................... 121.39 and the terms of an APO is a sanctionable violation. This determination is issued and Continuation of Suspension of published pursuant to sections 735(d) Liquidation and 777(i)(1) of the Act. Pursuant to section 735(c)(1)(B) of the Dated: October 14, 2008. Act and 19 CFR 351.211(b)(1), we will David M. Spooner, instruct CBP to continue to suspend Assistant Secretary for Import liquidation of all entries of subject merchandise from South Africa entered, Administration. [FR Doc. E8–25028 Filed 10–20–08; 8:45 am] or withdrawn from warehouse, for consumption on or after August 6, 2008, BILLING CODE 3510–DS–S the date of publication of the Preliminary Determination. We will instruct CBP to require a cash deposit or DEPARTMENT OF COMMERCE the posting of a bond equal to the National Oceanic and Atmospheric weighted–average margin as follows: (1) Administration the rate for BCM will be 121.39 percent; (2) if the exporter is not a firm identified RIN 0648–XK73 in this investigation but the producer is, Atlantic Highly Migratory Species; the rate will be the rate established for Advisory Panel the producer of the subject merchandise; (3) the rate for all other AGENCY: National Marine Fisheries producers or exporters will be 121.39 Service (NMFS), National Oceanic and percent. These suspension–ofAtmospheric Administration (NOAA), liquidation instructions will remain in Commerce. effect until further notice. ACTION: Notice. International Trade Commission SUMMARY: NMFS solicits nominations Notification for the Atlantic Highly Migratory In accordance with section 735(d) of Species (HMS) Advisory Panel (AP). the Act, we have notified the NMFS consults with and considers the International Trade Commission (ITC) of comments and views of the AP when our final determination. As our final preparing and implementing Fishery determination is affirmative and in Management Plans (FMPs) or FMP PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1 Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices amendments for Atlantic tunas, swordfish, sharks, and billfish. Nominations are being sought to fill one–third (10) of the seats on the HMS AP for a 3-year appointment. Individuals with definable interests in the recreational and commercial fishing and related industries, environmental community, academia, and non– governmental organizations will be considered for membership in the AP. DATES: Nominations must be received on or before November 20, 2008. ADDRESSES: You may submit nominations and requests for the Advisory Panel Statement of Organization, Practices, and Procedures by any of the following methods: • Email: HMSAP.Nominations@noaa.gov. Include in the subject line the following identifier: ‘‘HMS AP Nominations.’’ • Mail: Margo Schulze–Haugen, Chief, Highly Migratory Species Management Division, NMFS, 1315 East–West Highway, Silver Spring, MD 20910. • Fax: 301–713–1917. FOR FURTHER INFORMATION CONTACT: Chris Rilling at (301) 713–2347 x109. SUPPLEMENTARY INFORMATION: Introduction The Magnuson–Stevens Fishery Conservation and Management Act (Magnuson–Stevens Act), 16 U.S.C. 1801 et seq., as amended by the Sustainable Fisheries Act, Public Law 104–297, provided for the establishment of Advisory Panels to assist in the collection and evaluation of information relevant to the development of any Fishery Management Plan (FMP) or FMP amendment. The HMS AP has consulted with NMFS on the HMS FMP (April 1999), Amendment 1 to the Billfish FMP (April 1999), Amendment 1 to the HMS FMP (November 2003), the Consolidated HMS FMP (July 2006), and Amendments 1 and 2 to the Consolidated HMS FMP (April 2008 and September 2008, respectively). Procedures and Guidelines A. Nomination Procedures for Appointments to the Advisory Panel Nomination packages should include: 1. The name of the applicant or nominee and a description of his/her interest in HMS or in particular species of sharks, swordfish, tunas, or billfish; 2. A statement of background and/or qualifications; 3. A written commitment that the applicant or nominee shall actively participate in good faith in the tasks of the AP; and 4. A list of outreach resources that the applicant has at his/her disposal to communicate HMS issues to various interest groups. Tenure for the HMS AP Member tenure will be for 3 years (36 months), with approximately one–third of the members’ terms expiring on December 31 of each year. Nominations are sought for terms beginning January 2009 and expiring December 2011. B. Participants Nominations for the AP will be accepted to allow representation from commercial and recreational fishing interests, the scientific community, and the conservation community who are knowledgeable about Atlantic HMS and/or Atlantic HMS fisheries. Current representation on the HMS AP, as shown in Table 1, consists of 12 members representing commercial interests, 12 members representing recreational interests, 4 members representing environmental interests, 4 academic representatives, and 1 International Commission for the Conservation of Atlantic Tunas (ICCAT) Advisory Committee Chairperson. Each AP member serves a three-year term with approximately one–third (11) of the total number of seats (33) expiring on December 31 of each year. NMFS seeks to fill 1 academic, 4 commercial, 3 recreational, and 2 environmental vacancies by December 31, 2008. NMFS will seek to fill vacancies based primarily on maintaining the current representation from each of the sectors, and secondarily by species expertise and/or representation from the regions (Northeast, Mid–Atlantic, South Atlantic, Gulf of Mexico, and Caribbean). Table 1 includes the current representation on the HMS AP by sector and species. It does not necessarily indicate that NMFS will only consider persons who have expertise in the species that are listed. TABLE 1. CURRENT REPRESENTATION ON THE HMS AP BY SECTOR AND SPECIES. Terms that are expiring or vacant are in bold. Sector Species Date Appointed Date Term Expires Tuna 1/1/2007 12/31/2009 Academic Shark 1/1/2007 12/31/2009 Academic Billfish 1/1/2006 12/31/2008 Academic Tuna/Shark 1/1/2007 12/31/2009 Commercial HMS 1/1/2006 12/31/2008 Commercial Swordfish/Tuna 1/1/2007 12/31/2009 Commercial Swordfish/Tuna 1/1/2008 12/31/2010 Commercial HMS 1/1/2003 12/31/2008 Commercial Tuna 1/1/2008 12/31/2010 Commercial mstockstill on PROD1PC66 with NOTICES Academic Shark 1/1/2007 12/31/2009 Commercial HMS 1/1/2007 12/31/2009 Commercial HMS 1/1/2006 12/31/2008 Commercial HMS 1/1/2008 12/31/2010 VerDate Aug<31>2005 17:06 Oct 20, 2008 Jkt 217001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 62483 E:\FR\FM\21OCN1.SGM 21OCN1 62484 Federal Register / Vol. 73, No. 204 / Tuesday, October 21, 2008 / Notices TABLE 1. CURRENT REPRESENTATION ON THE HMS AP BY SECTOR AND SPECIES.—Continued Terms that are expiring or vacant are in bold. Sector Species Date Appointed Date Term Expires Swordfish 1/1/2008 Commercial Tuna VACANT Commercial HMS 1/1/2008 12/31/2010 Environmental Shark 1/1/2006 12/31/2008 Environmental HMS 1/1/2008 12/31/2010 Environmental HMS 1/1/2008 12/31/2010 Environmental HMS VACANT Recreational HMS 1/1/2008 12/31/2010 Recreational Swordfish 1/1/2007 12/31/2009 Recreational HMS 1/1/2007 12/31/2009 Recreational HMS 1/1/2007 12/31/2009 Recreational Billfish 1/1/2007 12/31/2009 Recreational Tuna 1/1/2006 12/31/2008 Recreational HMS 1/1/2008 12/31/2010 Recreational HMS 1/1/2006 12/31/2008 Recreational HMS 1/1/2008 12/31/2010 Recreational HMS 1/1/2006 12/31/2008 Recreational HMS 1/1/2007 12/31/2009 Recreational Billfish 1/1/2008 12/31/2010 ICCAT Chair mstockstill on PROD1PC66 with NOTICES Commercial HMS Each sector must be adequately represented, and the intent is to have a group that, as a whole, reflects an appropriate and equitable balance and mix of interests given the responsibilities of the AP. Criteria for membership include one or more of the following: (1) experience in the HMS recreational fishing industry; (2) experience in the HMS commercial fishing industry; (3) experience in fishery–related industries (e.g., marinas, bait and tackle shops); (4) experience in the scientific community working with HMS; and/or (5) representation of a private; non–governmental; regional, national, or international organization representing marine fisheries, environmental, governmental, or academic interests dealing with HMS. Five additional members on the AP include one member representing each of the following Councils: New England Fishery Management Council, the Mid– Atlantic Fishery Management Council, the South Atlantic Fishery Management Council, the Gulf of Mexico Fishery VerDate Aug<31>2005 17:06 Oct 20, 2008 Jkt 217001 12/31/2010 Management Council, and the Caribbean Fishery Management Council. The AP also includes 22 ex–officio participants: 20 representatives of the coastal states and two representatives of the interstate commissions (the Atlantic States Marine Fisheries Commission and the Gulf States Marine Fisheries Commission). NMFS will provide the necessary administrative support, including technical assistance, for the AP. However, NMFS will not compensate participants with monetary support of any kind. Depending on availability of funds, members may be reimbursed for travel costs related to the AP meetings. C. Meeting Schedule Meetings of the AP will be held as frequently as necessary but are routinely held twice each year in the spring and fall. The meetings may be held in conjunction with public hearings. PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Dated: October 9, 2008. Emily H. Menashes Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E8–25078 Filed 10–20–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XL37 Fisheries of the South Atlantic; South Atlantic Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: Notice of a joint meeting of the South Atlantic Fishery Management Council’s Habitat and Environmental ACTION: E:\FR\FM\21OCN1.SGM 21OCN1

Agencies

[Federal Register Volume 73, Number 204 (Tuesday, October 21, 2008)]
[Notices]
[Pages 62482-62484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25078]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XK73


Atlantic Highly Migratory Species; Advisory Panel

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: NMFS solicits nominations for the Atlantic Highly Migratory 
Species (HMS) Advisory Panel (AP). NMFS consults with and considers the 
comments and views of the AP when preparing and implementing Fishery 
Management Plans (FMPs) or FMP

[[Page 62483]]

amendments for Atlantic tunas, swordfish, sharks, and billfish. 
Nominations are being sought to fill one-third (10) of the seats on the 
HMS AP for a 3-year appointment. Individuals with definable interests 
in the recreational and commercial fishing and related industries, 
environmental community, academia, and non-governmental organizations 
will be considered for membership in the AP.

DATES: Nominations must be received on or before November 20, 2008.

ADDRESSES: You may submit nominations and requests for the Advisory 
Panel Statement of Organization, Practices, and Procedures by any of 
the following methods:
     Email: HMSAP.Nominations@noaa.gov. Include in the subject 
line the following identifier: ``HMS AP Nominations.''
     Mail: Margo Schulze-Haugen, Chief, Highly Migratory 
Species Management Division, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
     Fax: 301-713-1917.

FOR FURTHER INFORMATION CONTACT: Chris Rilling at (301) 713-2347 x109.

SUPPLEMENTARY INFORMATION:

Introduction

    The Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., as amended by the 
Sustainable Fisheries Act, Public Law 104-297, provided for the 
establishment of Advisory Panels to assist in the collection and 
evaluation of information relevant to the development of any Fishery 
Management Plan (FMP) or FMP amendment. The HMS AP has consulted with 
NMFS on the HMS FMP (April 1999), Amendment 1 to the Billfish FMP 
(April 1999), Amendment 1 to the HMS FMP (November 2003), the 
Consolidated HMS FMP (July 2006), and Amendments 1 and 2 to the 
Consolidated HMS FMP (April 2008 and September 2008, respectively).

Procedures and Guidelines

A. Nomination Procedures for Appointments to the Advisory Panel

    Nomination packages should include:
    1. The name of the applicant or nominee and a description of his/
her interest in HMS or in particular species of sharks, swordfish, 
tunas, or billfish;
    2. A statement of background and/or qualifications;
    3. A written commitment that the applicant or nominee shall 
actively participate in good faith in the tasks of the AP; and
    4. A list of outreach resources that the applicant has at his/her 
disposal to communicate HMS issues to various interest groups.
Tenure for the HMS AP
    Member tenure will be for 3 years (36 months), with approximately 
one-third of the members' terms expiring on December 31 of each year. 
Nominations are sought for terms beginning January 2009 and expiring 
December 2011.

B. Participants

    Nominations for the AP will be accepted to allow representation 
from commercial and recreational fishing interests, the scientific 
community, and the conservation community who are knowledgeable about 
Atlantic HMS and/or Atlantic HMS fisheries. Current representation on 
the HMS AP, as shown in Table 1, consists of 12 members representing 
commercial interests, 12 members representing recreational interests, 4 
members representing environmental interests, 4 academic 
representatives, and 1 International Commission for the Conservation of 
Atlantic Tunas (ICCAT) Advisory Committee Chairperson. Each AP member 
serves a three-year term with approximately one-third (11) of the total 
number of seats (33) expiring on December 31 of each year. NMFS seeks 
to fill 1 academic, 4 commercial, 3 recreational, and 2 environmental 
vacancies by December 31, 2008. NMFS will seek to fill vacancies based 
primarily on maintaining the current representation from each of the 
sectors, and secondarily by species expertise and/or representation 
from the regions (Northeast, Mid-Atlantic, South Atlantic, Gulf of 
Mexico, and Caribbean). Table 1 includes the current representation on 
the HMS AP by sector and species. It does not necessarily indicate that 
NMFS will only consider persons who have expertise in the species that 
are listed.

  Table 1. Current representation on the HMS AP by sector and species.
             Terms that are expiring or vacant are in bold.
------------------------------------------------------------------------
                                                            Date Term
      Sector            Species        Date Appointed        Expires
------------------------------------------------------------------------
Academic           Tuna               1/1/2007          12/31/2009
------------------------------------------------------------------------
Academic           Shark              1/1/2007          12/31/2009
------------------------------------------------------------------------
Academic           Billfish           1/1/2006          12/31/2008
------------------------------------------------------------------------
Academic           Tuna/Shark         1/1/2007          12/31/2009
------------------------------------------------------------------------
Commercial         HMS                1/1/2006          12/31/2008
------------------------------------------------------------------------
Commercial         Swordfish/Tuna     1/1/2007          12/31/2009
------------------------------------------------------------------------
Commercial         Swordfish/Tuna     1/1/2008          12/31/2010
------------------------------------------------------------------------
Commercial         HMS                1/1/2003          12/31/2008
------------------------------------------------------------------------
Commercial         Tuna               1/1/2008          12/31/2010
------------------------------------------------------------------------
Commercial         Shark              1/1/2007          12/31/2009
------------------------------------------------------------------------
Commercial         HMS                1/1/2007          12/31/2009
------------------------------------------------------------------------
Commercial         HMS                1/1/2006          12/31/2008
------------------------------------------------------------------------
Commercial         HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------

[[Page 62484]]

 
Commercial         Swordfish          1/1/2008          12/31/2010
------------------------------------------------------------------------
Commercial         Tuna               VACANT            ................
------------------------------------------------------------------------
Commercial         HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Environmental      Shark              1/1/2006          12/31/2008
------------------------------------------------------------------------
Environmental      HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Environmental      HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Environmental      HMS                VACANT            ................
------------------------------------------------------------------------
Recreational       HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Recreational       Swordfish          1/1/2007          12/31/2009
------------------------------------------------------------------------
Recreational       HMS                1/1/2007          12/31/2009
------------------------------------------------------------------------
Recreational       HMS                1/1/2007          12/31/2009
------------------------------------------------------------------------
Recreational       Billfish           1/1/2007          12/31/2009
------------------------------------------------------------------------
Recreational       Tuna               1/1/2006          12/31/2008
------------------------------------------------------------------------
Recreational       HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Recreational       HMS                1/1/2006          12/31/2008
------------------------------------------------------------------------
Recreational       HMS                1/1/2008          12/31/2010
------------------------------------------------------------------------
Recreational       HMS                1/1/2006          12/31/2008
------------------------------------------------------------------------
Recreational       HMS                1/1/2007          12/31/2009
------------------------------------------------------------------------
Recreational       Billfish           1/1/2008          12/31/2010
------------------------------------------------------------------------
ICCAT Chair        HMS                ................  ................
------------------------------------------------------------------------

    Each sector must be adequately represented, and the intent is to 
have a group that, as a whole, reflects an appropriate and equitable 
balance and mix of interests given the responsibilities of the AP. 
Criteria for membership include one or more of the following: (1) 
experience in the HMS recreational fishing industry; (2) experience in 
the HMS commercial fishing industry; (3) experience in fishery-related 
industries (e.g., marinas, bait and tackle shops); (4) experience in 
the scientific community working with HMS; and/or (5) representation of 
a private; non-governmental; regional, national, or international 
organization representing marine fisheries, environmental, 
governmental, or academic interests dealing with HMS.
    Five additional members on the AP include one member representing 
each of the following Councils: New England Fishery Management Council, 
the Mid-Atlantic Fishery Management Council, the South Atlantic Fishery 
Management Council, the Gulf of Mexico Fishery Management Council, and 
the Caribbean Fishery Management Council. The AP also includes 22 ex-
officio participants: 20 representatives of the coastal states and two 
representatives of the interstate commissions (the Atlantic States 
Marine Fisheries Commission and the Gulf States Marine Fisheries 
Commission).
    NMFS will provide the necessary administrative support, including 
technical assistance, for the AP. However, NMFS will not compensate 
participants with monetary support of any kind. Depending on 
availability of funds, members may be reimbursed for travel costs 
related to the AP meetings.

C. Meeting Schedule

    Meetings of the AP will be held as frequently as necessary but are 
routinely held twice each year in the spring and fall. The meetings may 
be held in conjunction with public hearings.

    Dated: October 9, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E8-25078 Filed 10-20-08; 8:45 am]
BILLING CODE 3510-22-S