Atlantic Coastal Fisheries Cooperative Management Act Provisions; Application for Exempted Fishing Permit; Horseshoe Crabs, 31421-31422 [2010-13313]
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Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices
allowed. At the March 2010 Council
meeting, the Council reviewed an EFP
application that proposed to utilize the
entire 5,000 mt set aside. The applicants
proposed the use of 4200 mt to replicate
the summer survey conducted under the
EFP approved in 2009 and expand the
sample size and area covered. In
addition to the summer survey, the
applicants proposed to use 800 mt of the
set aside to run a fall pilot project to test
the viability of alternative tools and
methodologies. The proposal went
forward for public comment and was
reviewed by the Council again at their
April meeting, at which time the
Council recommended that NMFS
approve and issue the EFP.
One of the goals set forth in the EFP
application is the development of an
index of biomass for Pacific sardine,
with the desire that this index be
included in the subsequent Pacific
sardine stock assessment. If NMFS
determines that an EFP cannot be
issued, then the set aside will be re
allocated to the third period’s directed
harvest allocation. Any research set
aside attributed to an EFP for use during
the closed fishing time in the second
allocation period (prior to September
15), but not utilized, will roll into the
third allocation period’s directed
fishery. Any research set aside
attributed to an EFP for use during the
closed fishing time in the third
allocation period, but not utilized, will
not be re-allocated.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 28, 2010.
Carrie Selberg,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–13316 Filed 6–2–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW53
sroberts on DSKD5P82C1PROD with NOTICES
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: The Acting Director, Office of
Sustainable Fisheries, has made a
VerDate Mar<15>2010
18:21 Jun 02, 2010
Jkt 220001
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 Acting
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 Acting 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 June 18,
2010.
ADDRESSES: Written comments should
be sent to Emily Menashes, Acting
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 ext. 173.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an
application for an EFP on May 14, 2010,
to collect up to 10,000 horseshoe crabs
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
31421
for biomedical and data collection
purposes from the Reserve. The
applicant has applied for, and received,
a similar EFP every year from 2001–
2009. The current EFP application
specifies that: (1) the same methods
would be used in 2010 that were used
in years 2001–2009, (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 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 2009 EFP
No horseshoe crabs were collected
from the Reserve by the applicant
during the 2009 season. Thus, no results
were submitted. The last year in which
the applicant actually collected
horseshoe crabs authorized under an
EFP was 2007. Results from 2007 were
published in the Federal Register on
June 2, 2008 (73 FR 31434), and thus are
not repeated here. Data collected under
previous EFPs were supplied to NMFS,
the Commission, and the State of New
Jersey.
Proposed 2010 EFP
Limuli Laboratories proposes to
conduct an exempted fishery operation
using the same means, methods, and
seasons proposed/utilized during the
EFPs in 2001–2009. 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 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);
E:\FR\FM\03JNN1.SGM
03JNN1
31422
Federal Register / Vol. 75, No. 106 / Thursday, June 3, 2010 / Notices
3. Requiring that a 5W 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 from the
Reserve on a vessel with a trawl or
dredge gear aboard.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 26, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–13313 Filed 6–2–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
sroberts on DSKD5P82C1PROD with NOTICES
A–570–912
Certain New Pneumatic Off–The-Road
Tires from the People’s Republic of
China: Notice of Decision of the Court
of International Trade Not in Harmony
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
VerDate Mar<15>2010
18:21 Jun 02, 2010
Jkt 220001
SUMMARY: On May 14, 2010, the United
States Court of International Trade
(‘‘CIT’’) sustained the final remand
redetermination made by the
Department of Commerce
(‘‘Department’’) pursuant to the CIT’s
remand of the final determination in the
antidumping investigation on certain
new pneumatic off–the-road tires (‘‘OTR
tires’’) from the People’s Republic of
China (‘‘PRC’’). See Bridgestone
Americas Inc. v. United States, Consol.
Ct. No. 08–00256, Slip Op. 10–55 (Ct.
Int’l Trade May 14, 2010)
(‘‘Bridgestone’’). This case arises out of
the Department’s Final Determination in
the antidumping investigation on OTR
tires from the PRC. See Certain New
Pneumatic Off–The-Road–Tires from the
People’s Republic of China: Final
Affirmative Determination of Sales at
Less Than Fair Value and Partial
Affirmative Determination of Critical
Circumstances, 73 FR 40485 (July 15,
2008) (‘‘Final Determination’’); Certain
New Pneumatic Off–the-Road Tires from
the People’s Republic of China: Notice
of Amended Final Affirmative
Determination of Sales at Less than Fair
Value and Antidumping Duty Order, 73
FR 51624 (September 4, 2008). The final
judgment in this case was not in
harmony with the Department’s July
2008 final determination.
EFFECTIVE DATE:
May 24, 2010
Lilit
Astvatsatrian or Charles Riggle, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone (202) 482–6412 or (202) 482–
0650, respectively.
FOR FURTHER INFORMATION CONTACT:
In July
2008, the Department published in the
Federal Register the Final
Determination in the antidumping
investigation on OTR tires from the PRC
in which it calculated a zero dumping
rate for respondent Xugong Tyres Co.,
Ltd. (‘‘Xugong’’).
In August 2008, petitioners,
Bridgestone Americas, Inc. and
Bridgestone Americas Tire Operations,
LLC (collectively, ‘‘Bridgestone’’) and
Titan Tire Corporation (‘‘Titan’’),
respectively, filed summons with the
CIT challenging the Final Determination
with respect to Xugong’s zero dumping
margin. Among their claims,
Bridgestone and Titan alleged that the
Department erred in its Final
Determination by treating as indirect
materials certain inputs used by Xugong
in the production of subject
merchandise.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
In April 2009, the Department
requested a voluntary remand to further
explain its determination regarding the
classification of the fifteen raw materials
reported by Xugong as indirect
materials. On August 4, 2009, the CIT
remanded this matter to the Department
to reconsider whether each of the fifteen
inputs was a direct or indirect material,
to reopen the record as appropriate, and
to recalculate the margin accordingly.
See Bridgestone Americas Inc. v. United
States, Consol. Ct. No. 08–00256, Slip
Op. 09–79 (Ct. Int’l Trade Aug. 4, 2009).
After receiving comments on the draft
remand results, the Department on
January 7, 2010, issued its final remand
redetermination in which it treated
Xugong’s fifteen raw material inputs as
direct materials and, thus, recalculated
Xugong’s margin by adding Xugong’s
fifteen raw materials as direct material
inputs in the calculation of the normal
value. As a result of this recalculation,
Xugong’s dumping rate changed from
0.00 percent to 10.01 percent. See
Bridgestone Americas Inc. v. United
States, Consol. Ct. No. 08–00256, dated
January 8, 2010.
On May 14, 2010, the CIT sustained
the final redetermination made by the
Department pursuant to the CIT’s
remand of the final determination in the
antidumping investigation of the OTR
tires from the PRC. See Bridgestone, Slip
Op. 10–55 at 14.
Timken Notice
In its decision in Timken Co. v.
United States, 893 F. 2d 337, 341 (Fed.
Cir. 1990) (‘‘Timken’’), the United States
Court of Appeals for the Federal Circuit
held that, pursuant to section 516A(e) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision.
The Court’s decision in Bridgestone
on May 14, 2010, constitutes a final
decision of that court that is not in
harmony with the Department’s Final
Determination. This notice is published
in fulfillment of the publication
requirements of Timken with an
effective date of May 24, 2010 (i.e., 10
days following the CIT’s ruling).
Accordingly, the Department will direct
the U.S. Customs and Border Protection
(‘‘CBP’’) effective May 24, 2010, to
suspend liquidation of entries of subject
merchandise manufactured and
exported by Xugong pending the
expiration of the period to appeal or
pending a final decision on appeal. The
Department will issue revised
instructions to CBP if the Court’s
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Notices]
[Pages 31421-31422]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13313]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XW53
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: The Acting Director, Office of Sustainable Fisheries, 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 Acting 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 Acting 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
June 18, 2010.
ADDRESSES: Written comments should be sent to Emily Menashes, Acting
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 ext. 173.
SUPPLEMENTARY INFORMATION:
Background
Limuli Laboratories submitted an application for an EFP on May 14,
2010, 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 2001-2009. The current EFP
application specifies that: (1) the same methods would be used in 2010
that were used in years 2001-2009, (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 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 2009 EFP
No horseshoe crabs were collected from the Reserve by the applicant
during the 2009 season. Thus, no results were submitted. The last year
in which the applicant actually collected horseshoe crabs authorized
under an EFP was 2007. Results from 2007 were published in the Federal
Register on June 2, 2008 (73 FR 31434), and thus are not repeated here.
Data collected under previous EFPs were supplied to NMFS, the
Commission, and the State of New Jersey.
Proposed 2010 EFP
Limuli Laboratories proposes to conduct an exempted fishery
operation using the same means, methods, and seasons proposed/utilized
during the EFPs in 2001-2009. 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 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);
[[Page 31422]]
3. Requiring that a 5[frac1s2] 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 from the Reserve on a vessel with a
trawl or dredge gear aboard.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 26, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-13313 Filed 6-2-10; 8:45 am]
BILLING CODE 3510-22-S
