Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 28219-28220 [E9-14024]

Download as PDF Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices Dated in Washington, DC, June 9, 2009. Christopher Byrnes, Chief, Regional Programs Coordination Unit. [FR Doc. E9–13931 Filed 6–12–09; 8:45 am] BILLING CODE 6335–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XP70 Fisheries in the Western Pacific; Amended Marine Conservation Plan for Pacific Insular Areas; Western Pacific Sustainable Fisheries Fund National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of agency decision. pwalker on PROD1PC71 with NOTICES AGENCY: SUMMARY: NMFS announces approval of an amended marine conservation plan (MCP) for Pacific Insular Areas other than American Samoa, Guam, and the Northern Mariana Islands. DATES: This agency decision is effective April 11, 2008, through April 10, 2011. ADDRESSES: Copies of the MCP are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808– 522–8226. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, NMFS Pacific Islands Regional Office, 808–944–2108. SUPPLEMENTARY INFORMATION: Under Section 204(e) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Secretary of State, with the concurrence of the Secretary of Commerce (Secretary) and in consultation with the Council, may negotiate and enter into a Pacific Insular Area fishery agreement (PIAFA) to allow foreign fishing within the U.S. Exclusive Economic Zone (EEZ) adjacent to any Pacific Insular Area other than American Samoa, Guam or the Northern Mariana Islands, which, by definition, does not include the State of Hawaii. Before entering into a PIAFA, the Council must develop a three-year Marine Conservation Plan (MCP) providing details on uses for any funds collected by the Secretary under the PIAFA. The Magnuson-Stevens Act authorizes that any payments received under a PIAFA, in support of conservation and management objectives in an MCP, shall be deposited into the Western Pacific Sustainable Fisheries Fund (Fund) for VerDate Nov<24>2008 16:47 Jun 12, 2009 Jkt 217001 use by the Council. Amounts received by the Secretary attributable to fines and penalties imposed under the MagnusonStevens Act for violations by foreign vessels occurring within the EEZ off any Pacific Insular Area (other than American Samoa, Guam or the Northern Mariana Islands) shall also be deposited into the Fund for use by the Council. An MCP must be consistent with the Council’s fishery management plans, must identify conservation and management objectives (including criteria for determining when such objectives have been met), and must prioritize planned marine conservation projects. Although no foreign fishing is contemplated at this time, the Council developed an MCP for the Pacific Insular Areas, here defined as the U.S. EEZ around Johnston and Palmyra Atoll, Kingman Reef and Jarvis, Howland, Baker, and Wake Islands. These areas are sometimes known as the Pacific remote island areas. In August 2007, the Council approved an MCP for the Pacific Insular Area and recommended its submission to the Secretary for approval. NMFS, as designee of the Secretary, received the MCP on November 6, 2007. That MCP, dated August 27, 2007, satisfied the requirements of Magnuson-Stevens Act Section 204(e), and was approved for the three-year period April 11, 2008, through April 10, 2011 (73 FR 21111; April 18, 2008). At its 144th meeting in March 2009, the Council approved amendments to the MCP. On April 3, 2009, the Council submitted to NMFS the amended MCP, dated March 2009, for approval. The amended MCP revises the previouslyapproved August 2007 MCP by streamlining the descriptions of the projects associated with the MCP’s conservation and management objectives, and also includes evaluative criteria for each program or project. The amended MCP contains seven conservation and management objectives, listed below. These objectives are based upon the Council’s guiding principles and five year Program Plan, and are consistent with the Council’s fishery management plans: 1. Support quality research and obtain the most complete scientific information available to assess and manage fisheries; 2. Promote an ecosystem approach in fisheries management, including reducing waste in fisheries and minimizing impacts on marine habitat and impacts on protected species; 3. Conduct education and outreach to foster good stewardship principles and broad and direct public participation in the Council’s decision making process; PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 28219 4. Recognize the importance of island cultures and traditional fishing practices in managing fishery resources and foster opportunities for participation; 5. Promote responsible domestic fisheries development to provided long term economic growth and stability and local food production; 6. Promote regional cooperation to manage domestic and international fisheries; and 7. Encourage development of technologies and methods to achieve the most effective level of monitoring, control and surveillance and to ensure safety at sea. The amended MCP identifies major task areas that include data collection and monitoring, fishery management, social economic research and assessment, policy development, protected species conservation, public outreach, media activities and products, meeting and event participation, workshops, plans and training, infrastructure development, etc. Projects are ranked in order of priority and would aid in fulfilling the Council’s conservation and management objectives. The MCP also outlines a process by which the Council’s Executive Committee could revisit the project ranking to adapt to changing management needs. This notice announces that NMFS has determined that the amended MCP for the Western Pacific Sustainable Fisheries Fund satisfies the requirements of the Magnuson-Stevens Act and approves the amended MCP for the three-year period April 11, 2008, through April 10, 2011. Dated: June 9, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–14032 Filed 6–12–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XP74 Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of a letter of authorization. E:\FR\FM\15JNN1.SGM 15JNN1 pwalker on PROD1PC71 with NOTICES 28220 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Notices SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and implementing regulations, notification is hereby given that NMFS has issued a one-year Letter of Authorization (LOA) to take marine mammals incidental to the explosive removal of offshore oil and gas structures (EROS) in the Gulf of Mexico. DATES: This authorization is effective from June 17, 2009 through June 16, 2010. ADDRESSES: The application and LOA are available for review by writing to P. Michael Payne, Chief, Permits, Conservation, and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910–3235 or by telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/ incidental.htm. Documents cited in this notice may be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Ken Hollingshead, Office of Protected Resources, NMFS, 301–713–2289. SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs the NMFS to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by United States citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region, if certain findings are made by NMFS and regulations are issued. Under the MMPA, the term ‘‘taking’’ means to harass, hunt, capture, or kill or to attempt to harass, hunt capture, or kill marine mammals. Authorization for incidental taking, in the form of annual LOAs, may be granted by NMFS for periods up to five years if NMFS finds, after notification and opportunity for public comment, that the taking will have a negligible impact on the species or stock(s) of marine mammals, and will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant). In addition, NMFS must prescribe regulations that include permissible methods of taking and other means effecting the least practicable adverse impact on the species and its habitat (i.e., mitigation), and on the availability of the species for subsistence uses, paying particular attention to rookeries, mating rounds, and areas of similar significance. The regulations also must include requirements pertaining to the VerDate Nov<24>2008 16:47 Jun 12, 2009 Jkt 217001 monitoring and reporting of such taking. Regulations governing the taking incidental to EROS were published on June 19, 2008 (73 FR 34889), and remain in effect through July 19, 2013. For detailed information on this action, please refer to that Federal Register notice. The species that applicants may take in small numbers during EROS activities are bottlenose dolphins (Tursiops truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins (Stenella longirostris), rough-toothed dolphins (Steno bredanensis), Risso’s dolphins (Grampus griseus), melonheaded whales (Peponocephala electra), short-finned pilot whales (Globicephala macrorhynchus), and sperm whales (Physeter macrocephalus). Pursuant to these regulations, NMFS has issued an LOA to SPN Resources, LLC. Issuance of the LOAs is based on a finding made in the preamble to the final rule that the total taking by these activities (with monitoring, mitigation, and reporting measures) will result in no more than a negligible impact on the affected species or stock(s) of marine mammals and will not have an unmitigable adverse impact on subsistence uses. NMFS also finds that the applicant will meet the requirements contained in the implementing regulations and LOA, including monitoring, mitigation, and reporting requirements. Dated: June 9, 2009. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–14024 Filed 6–12–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration [C–570–944] Certain Oil Country Tubular Goods from the People’s Republic of China: Postponement of Preliminary Determination in the Countervailing Duty Investigation AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: June 15, 2009. FOR FURTHER INFORMATION CONTACT: Joseph Shuler or Nancy Decker, AD/ CVD Operations, Import Administration, International Trade Administration, U.S. Department of PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–1293 and (202) 482–0196, respectively. SUPPLEMENTARY INFORMATION: Background On May 5, 2009, the Department of Commerce (the ‘‘Department’’) initiated an investigation of certain oil country tubular goods from the People’s Republic of China (‘‘PRC’’). See Certain Oil Country Tubular Goods from the People’s Republic of China: Initiation of Countervailing Duty Investigation, 74 FR 20678 (May 5, 2009). Currently, the preliminary determination is due no later than July 2, 2009. Postponement of Due Date for Preliminary Determination Under section 703(c)(1)(B) of the Tariff Act of 1930, as amended (the ‘‘Act’’), the Department may extend the period for reaching a preliminary determination in a countervailing duty investigation until no later than the 130th day after the date on which the administering authority initiates an investigation, if the administration determines that the parties are cooperating and the case is extraordinarily complicated. The Department finds that the instant case is extraordinarily complicated by reason of the number and complexity of the alleged countervailable subsidy practices, the need to determine the extent to which particular countervailable subsidies are used by individual manufacturers, producers, and exporters, and the number of firms whose activities must be investigated. Accordingly, we are fully extending the due date for the preliminary determination to no later than 130 days after the day on which the investigation was initiated (i.e., September 5, 2009). However, September 5, 2009, falls on a Saturday and it is the Department’s long–standing practice to issue a determination the next business day when the statutory deadline falls on a weekend, federal holiday, or any other day when the Department is closed. See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). Accordingly, the deadline for completion of the preliminary determination is now no later than September 8, 2009. This notice is issued and published pursuant to section 703(c)(2) of the Act and 19 CFR 351.205(e). E:\FR\FM\15JNN1.SGM 15JNN1

Agencies

[Federal Register Volume 74, Number 113 (Monday, June 15, 2009)]
[Notices]
[Pages 28219-28220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14024]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP74


Incidental Taking of Marine Mammals; Taking of Marine Mammals 
Incidental to the Explosive Removal of Offshore Structures in the Gulf 
of Mexico

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

ACTION:  Notice; issuance of a letter of authorization.

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[[Page 28220]]

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that NMFS 
has issued a one-year Letter of Authorization (LOA) to take marine 
mammals incidental to the explosive removal of offshore oil and gas 
structures (EROS) in the Gulf of Mexico.

DATES:  This authorization is effective from June 17, 2009 through June 
16, 2010.

ADDRESSES:  The application and LOA are available for review by writing 
to P. Michael Payne, Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910-3235 or by 
telephoning the contact listed here (see FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT:  Howard Goldstein or Ken Hollingshead, 
Office of Protected Resources, NMFS, 301-713-2289.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs the NMFS to allow, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals by 
United States citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region, if certain 
findings are made by NMFS and regulations are issued. Under the MMPA, 
the term ``taking'' means to harass, hunt, capture, or kill or to 
attempt to harass, hunt capture, or kill marine mammals.
    Authorization for incidental taking, in the form of annual LOAs, 
may be granted by NMFS for periods up to five years if NMFS finds, 
after notification and opportunity for public comment, that the taking 
will have a negligible impact on the species or stock(s) of marine 
mammals, and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means effecting the least 
practicable adverse impact on the species and its habitat (i.e., 
mitigation), and on the availability of the species for subsistence 
uses, paying particular attention to rookeries, mating rounds, and 
areas of similar significance. The regulations also must include 
requirements pertaining to the monitoring and reporting of such taking. 
Regulations governing the taking incidental to EROS were published on 
June 19, 2008 (73 FR 34889), and remain in effect through July 19, 
2013. For detailed information on this action, please refer to that 
Federal Register notice. The species that applicants may take in small 
numbers during EROS activities are bottlenose dolphins (Tursiops 
truncatus), Atlantic spotted dolphins (Stenella frontalis), pantropical 
spotted dolphins (Stenella attenuata), Clymene dolphins (Stenella 
clymene), striped dolphins (Stenella coeruleoalba), spinner dolphins 
(Stenella longirostris), rough-toothed dolphins (Steno bredanensis), 
Risso's dolphins (Grampus griseus), melon-headed whales (Peponocephala 
electra), short-finned pilot whales (Globicephala macrorhynchus), and 
sperm whales (Physeter macrocephalus).
    Pursuant to these regulations, NMFS has issued an LOA to SPN 
Resources, LLC. Issuance of the LOAs is based on a finding made in the 
preamble to the final rule that the total taking by these activities 
(with monitoring, mitigation, and reporting measures) will result in no 
more than a negligible impact on the affected species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on 
subsistence uses. NMFS also finds that the applicant will meet the 
requirements contained in the implementing regulations and LOA, 
including monitoring, mitigation, and reporting requirements.

    Dated: June 9, 2009.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-14024 Filed 6-12-09; 8:45 am]
BILLING CODE 3510-22-S