Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit; Horseshoe Crabs, 36459-36460 [E9-17540]

Download as PDF Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices erowe on DSK5CLS3C1PROD with NOTICES • FiveStar FlexTM: A notebook, a notebook organizer, or binder with plastic polyolefin front and rear covers joined by 300 denier polyester spine cover extending the entire length of the spine and bound by a 3–ring plastic fixture. The polyolefin plastic covers are of a specific thickness; front cover is 0.019 inches (within normal manufacturing tolerances) and rear cover is 0.028 inches (within normal manufacturing tolerances). During construction, the polyester covering is sewn to the front cover face to face (outside to outside) so that when the book is closed, the stitching is concealed from the outside. During construction, the polyester cover is sewn to the back cover with the outside of the polyester spine cover to the inside back cover. Both free ends (the ends not sewn to the cover and back) are stitched with a turned edge construction. Each ring within the fixture is comprised of a flexible strap portion that snaps into a stationary post which forms a closed binding ring. The ring fixture is riveted with six metal rivets and sewn to the back plastic cover and is specifically positioned on the outside back cover. The product must bear the valid trademark FiveStar FlexTM (products found to be bearing an invalidly licensed or used trademark are not excluded from the scope). Merchandise subject to this order is typically imported under headings 4820.10.2020, 4820.10.2030, 4820.10.2040, 4820.10.2050, 4820.10.2060, 4810.22.5044, 4811.90.9090, 4820.10.2010 of the Harmonized Tariff Schedule of the United States (HTSUS). The HTSUS headings are provided for convenience and customs purposes; however, the written description of the scope of this order is dispositive. Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review with respect to a particular exporter or producer if the Department concludes that during the POR there were no entries, exports, or sales of the subject merchandise by that exporter or producer. As noted, on November 13, 2008, Lian Li submitted a letter certifying that it did not have entries, exports or sales during the POR. Therefore, the Department conducted a CBP query, and requested that Lian Li provide product samples of products entered during the POR. Based on a review of the product samples VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 submitted by Lian Li and the Customs data, we preliminarily determined that Lian Li did not export subject merchandise to the United States during the POR, pursuant to 19 CFR § 351.213(d)(3), and consistent with our practice. See Notice of Intent to Rescind, 74 FR at 26840. The Department did not receive comments from any interested party on the Department’s intent to rescind. Based on our analysis of the evidence on the record, the Department has determined that Lian Li is a non– shipper for this review. Therefore, in accordance with 19 CFR 351.213(d)(3), we are rescinding this review with respect to Lian Li. Only one respondent, the Watanabe Group, remains in this review. We intend to issue assessment instructions to CBP 15 days after the date of publication of this notice of rescission of administrative review. We are issuing this notice in accordance with section 751 of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: July 16, 2009. John M. Andersen, Acting Deputy Assistant Secretary For Antidumping and Countervailing Duty Operations. [FR Doc. E9–17575 Filed 7–22–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XQ33 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 36459 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 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 August 7, 2009. 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 July 13, 2009, 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 2008. The current EFP application specifies that: (1) the same methods would be used in 2009 that were used in years 2001–2008, (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 E:\FR\FM\23JYN1.SGM 23JYN1 36460 Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices in the collection of horseshoe crabs since 1993. The project submitted by Limuli Laboratories would provide morphological data on horseshoe crab catch, would tag 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 2008 EFP No horseshoe crabs were collected from the Reserve by the applicant during the 2008 season. Thus, no results were submitted. The 2007 results were published in the Federal Register on June 2, 2008 (73 FR 31434) thus are not repeated here. Data collected under previous EFPs were supplied to NMFS, the Commission, and the State of New Jersey. erowe on DSK5CLS3C1PROD with NOTICES Proposed 2009 EFP Limuli Laboratories proposes to conduct an exempted fishery operation using the same means, methods, and seasons utilized during the EFPs in 2001–2008. 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 be met 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 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 VerDate Nov<24>2008 15:01 Jul 22, 2009 Jkt 217001 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: July 17, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–17540 Filed 7–22–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XQ24 Endangered and Threatened Species; Recovery Plans AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability; request for comments and notice of public meetings. SUMMARY: The National Marine Fisheries Service (NMFS) announces that the Draft Southern California Steelhead Recovery Plan (Plan) is available for public review and comment. The Plan addresses the Southern California Steelhead (Oncorhynchus mykiss) Distinct Population Segment (DPS), which spawns in watersheds from the Santa PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Maria River (just north of Point Conception) south to the Tijuana River at the U.S.-Mexico border. NMFS is soliciting review and comment from the public and all interested parties on the Draft Plan. In addition, public meetings will be held on August 25 and September 1, 2009, as opportunities for providing comments on the Draft Plan. DATES: NMFS will consider and address all substantive comments received during the comment period. Comments must be received no later than 5 p.m. Pacific daylight time on September 21, 2009. Public meetings will also be held (see Public Meetings below). ADDRESSES: Please send written comments and materials to Penny Ruvelas, National Marine Fisheries Service, 501 W. Ocean Blvd, Suite 4200, Long Beach, CA 90802. Comments may also be submitted by e-mail to: SteelheadPlan.swr@noaa.gov. Include in the subject line of the e-mail comment the following identifier: Comments on Southern California Steelhead Plan. Comments may be submitted via facsimile (fax) to 562–980–4027. Persons wishing to review the Plan can obtain an electronic copy (i.e., CDROM) from Kimberly Speech by calling 562–980–4020 or by e-mailing a request to kimberly.speech@noaa.gov with the subject line ‘‘CD-ROM Request for Southern California Steelhead Recovery Plan.’’ Electronic copies of the Plan are also available on-line on the NMFS website http://swr.nmfs.noaa.gov/ recovery/SolCal.htm. For locations and times of public meetings, see Public Meetings below. FOR FURTHER INFORMATION CONTACT: Mark Capelli, NMFS Southern California Steelhead Recovery Coordinator at 805–963–6478 x14 or Penny Ruvelas, NMFS SWR Protected Resources Division at 562–980–4197. SUPPLEMENTARY INFORMATION: Background Recovery plans describe actions beneficial to the conservation and recovery of species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA requires that recovery plans incorporate: (1) objective, measurable criteria which, when met, would result in a determination that the species is no longer threatened or endangered; (2) site-specific management actions necessary to achieve the plan’s goals; and (3) estimates of the time required and costs to implement recovery actions. The ESA requires the development of recovery plans for each listed species unless such a plan would not promote its recovery. E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36459-36460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17540]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XQ33


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 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 
August 7, 2009.

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 July 13, 
2009, 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 - 2008. The current 
EFP application specifies that: (1) the same methods would be used in 
2009 that were used in years 2001-2008, (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

[[Page 36460]]

in the collection of horseshoe crabs since 1993. The project submitted 
by Limuli Laboratories would provide morphological data on horseshoe 
crab catch, would tag 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 2008 EFP

    No horseshoe crabs were collected from the Reserve by the applicant 
during the 2008 season. Thus, no results were submitted. The 2007 
results were published in the Federal Register on June 2, 2008 (73 FR 
31434) thus are not repeated here. Data collected under previous EFPs 
were supplied to NMFS, the Commission, and the State of New Jersey.

Proposed 2009 EFP

    Limuli Laboratories proposes to conduct an exempted fishery 
operation using the same means, methods, and seasons utilized during 
the EFPs in 2001-2008. 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 be met 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 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: July 17, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-17540 Filed 7-22-09; 8:45 am]
BILLING CODE 3510-22-S