Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery, 33242-33243 [2010-14064]

Download as PDF WReier-Aviles on DSKGBLS3C1PROD with NOTICES 33242 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Notices Title: Hawaiian Monk Seal: Public Knowledge and Opinion Survey. OMB Control Number: None. Form Number(s): NA. Type of Request: Regular submission. Number of Respondents: 500. Average Hours per Response: 20 minutes. Burden Hours: 167. Needs and Uses: The purpose of this information-gathering activity is to gain a better understanding of public knowledge, attitudes, beliefs, values, and behaviors regarding the endangered Hawaiian monk seal. The information gained will be used to develop management strategies and an outreach and education plan intended to reduce human-seal interactions. Members of the public targeted for this survey will include people likely to encounter Hawaiian monk seals in the wild, including but not limited to: Fishers, surfers, beach goers, divers, operators and patrons of commercial water sports tours, and hotel managers operating in areas of high monk seal activity. The Hawaiian monk seal is listed as endangered under the Endangered Species Act and is also protected under the Marine Mammal Protection Act and Hawaii State law. Affected Public: Business or other forprofit organizations; individuals or households. Frequency: One time. Respondent’s Obligation: Voluntary. OMB Desk Officer: David Rostker, (202) 395–3897. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to David Rostker, OMB Desk Officer, FAX number (202) 395–7285, or David_Rostker@omb.eop.gov. Dated: June 8, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–14037 Filed 6–10–10; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 15:04 Jun 10, 2010 Jkt 220001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XW45 Atlantic Coastal Fisheries Cooperative Management Act Provisions; Weakfish Fishery AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of non-compliance findings. SUMMARY: On May 6, 2010, the Atlantic States Marine Fisheries Commission (Commission) found the State of North Carolina out of compliance with the Commission’s Interstate Fishery Management Plan (ISFMP) for Weakfish. Subsequently, the Commission referred the matter to NMFS in a letter dated May 7, 2010, under delegation of authority from the Secretary of Commerce (Secretary), for Federal noncompliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal Act mandates that NMFS must review the Commission’s non-compliance referral and make specific findings within 30 days after receiving the referral. On May 25, 2010, the Secretary was notified by the Commission that North Carolina had taken corrective action to comply with the management measures in the ISFMP, and the Commission now finds North Carolina in compliance with the Plan. NMFS concurs with this finding and concludes its obligations for this particular non-compliance referral. DATES: Effective May 25, 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 Weakfish Non-Compliance.’’ Comments may also be sent via fax to (301) 713–0596. FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management Specialist, NMFS Office of Sustainable Fisheries, (301) 713–2334. SUPPLEMENTARY INFORMATION: The Weakfish ISFMP includes management measures for weakfish, also known as grey sea trout, in state and Federal waters. The Commission believes that implementation of these regulations is necessary to rebuild depleted weakfish stocks. North Carolina is consistently one of the top three states for weakfish PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 landings by volume and thus integral to the successful implementation of the ISFMP. On May 4, 2010, the Commission’s Weakfish Management Board found the State of North Carolina out of compliance for not fully and effectively implementing and enforcing the Weakfish ISFMP. The Commission’s Policy Board and Business Session similarly voted North Carolina out of compliance on May 6, 2010. The Commission subsequently referred its non-compliance finding to NMFS on May 7, 2010. Federal response to a Commission non-compliance referral is governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act, the Secretary must make two findings within 30 days after receiving the non-compliance referral. First, the Secretary must determine whether the state in question (in this case, North Carolina) has failed to carry out its responsibilities under the ISFMP. Second, the Secretary must determine whether the measures that the State has failed to implement or enforce are necessary for the conservation of the fishery in question. If the Secretary makes affirmative findings on both criteria, then the Secretary must implement a moratorium on fishing in the fishery in question within the waters of the non-complying state. Further, the moratorium must become effective within six months of the date of the Secretary’s non-compliance determination. To the extent that the state later implements the ISFMP measures, the Atlantic Coastal Act allows the state to petition the Commission that it has come back into compliance; if the Commission concurs, the Commission will notify the Secretary and, if the Secretary concurs, the moratorium will be withdrawn. The Secretary has delegated Atlantic Coastal Act authorities to the Assistant Administrator for Fisheries at NMFS. NMFS notified the State of North Carolina, the Commission, the South Atlantic Fishery Management Council, the Mid-Atlantic Fishery Management Council, and the New England Fishery Management Council, in separate letters, of its receipt of the Commission’s non-compliance referral. In the letters, NMFS solicited comments from the Commission and Councils. NMFS also informed the State of North Carolina that the State is entitled to meet with and present its comments directly to NMFS. On May 21, 2010, the North Carolina Division of Marine Fisheries adopted management measures implementing the Weakfish ISFMP. On May 24, 2010, NMFS met with the North Carolina Division of Marine Fisheries regarding E:\FR\FM\11JNN1.SGM 11JNN1 Federal Register / Vol. 75, No. 112 / Friday, June 11, 2010 / Notices implementation of the ISFMP. On May 25, 2010, the Commission notified the Secretary that North Carolina had taken corrective action to comply with the management measures in the ISFMP, and the Commission now finds North Carolina in compliance with the Weakfish ISFMP. NMFS reviewed the ISFMP and North Carolina’s recently approved weakfish management measures and agrees with the Commission that North Carolina’s newly enacted measures comply with the requirements of the Weakfish ISFMP. Therefore, NMFS determines that North Carolina is now carrying out its responsibilities under the Commission’s Weakfish ISFMP and that the state is in compliance. With such a determination, NMFS’ statutory responsibilities in this matter are discharged, the basis for further proceedings no longer exists, and the matter is concluded. Dated: June 8, 2010 Samuel D. Rauch III, Deputy Assistant Administrator For Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2010–14064 Filed 6–8–10; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 6048–XW87 Endangered and Threatened Species; Take of Anadromous Fish WReier-Aviles on DSKGBLS3C1PROD with NOTICES AGENCY: NOAA’s National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), U. S. Department of Commerce. ACTION: Issuance of an enhancement permit. SUMMARY: Notice is hereby given that NMFS has issued scientific research Permit 14268 to Thomas R. Payne and Associates (TRPA) in Arcata, CA. ADDRESSES: The permit application, the permit, and related documents are available for review, by appointment, at the foregoing address at: Protected Resources Division, NMFS, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802 (ph: 562–980–4026, fax: 562– 980–4027, e-mail at: matthew.mcGoogan@noaa.gov. The permit application is also available for review online at the Authorizations and Permits for Protected Species website at https://apps.nmfs.noaa.gov. 15:04 Jun 10, 2010 Jkt 220001 Authority The issuance of permits, as required by the Endangered Species Act of 1973 (16 U.S.C. 1531–1543) (ESA), is based on a finding that such permits/ modifications: (1) are applied for in good faith; (2) would not operate to the disadvantage of the listed species which are the subject of the permits; and, (3) are consistent with the purposes and policies set forth in section 2 of the ESA. Authority to take listed species is subject to conditions set forth in the permits. Permits and modifications are issued in accordance with and are subject to the ESA and NMFS regulations (50 CFR parts 222–226) governing listed fish and wildlife permits. Species Covered in This Notice This notice is relevant to the federally endangered Southern California Distinct Population Segment of steelhead (Oncorhynchus mykiss). Authority: 16 U.S.C. 5101 et seq. VerDate Mar<15>2010 FOR FURTHER INFORMATION CONTACT: Matt McGoogan at 562–980–4026, or e-mail: matthew.mcGoogan@noaa.gov. SUPPLEMENTARY INFORMATION: Permits Issued A notice of the receipt of an application for Permit 14268 was published in the Federal Register on June 17, 2009 (74 FR 28666). Permit 14268 was issued to TRPA on April 27, 2010. Permit 14268 authorizes TRPA to conduct a scientific study with endangered Southern California (SC) Distinct Population Segment (DPS) steelhead (Oncorhynchus mykiss) in the Ventura River. The purpose of this study is to use monitoring and sampling methods to gather information that will contribute to the understanding of abundance and distribution of juvenile steelhead in various portions of the Ventura River watershed. Information obtained by this study is anticipated to help support restoration efforts for the endangered SC DPS of steelhead. Permit 14268 authorizes the use of direct underwater observation techniques and electrofishing under certain specified instances as methods to assist in estimating abundance and distribution of steelhead. Electrofishing will be conducted only by qualified individuals and according to NMFS’ electrofishing guidelines. See the permit application for a complete project description including tables and figures. Permit 14268 authorizes TRPA an annual non-lethal take of up to 600 juvenile steelhead. No intentional lethal take has been authorized for this permit. The authorized unintentional lethal take (mortalities) that may occur during PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 33243 research activities is up to 30 juvenile steelhead per year. All mortalities will be sent to NMFS Protected Resource Division in Long Beach, CA for genetic research and processing. Field activities authorized by Permit 14268 will begin in July 2010 and in successive years will be conducted between March 1st and September 30th. Permit 14268 expires on December 31, 2014. Dated: June 7, 2010. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–14078 Filed 6–10–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration [C–533–839] Carbazole Violet Pigment 23 From India: Final Results of Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On January 7, 2008, the Department of Commerce published in the Federal Register its preliminary results of administrative review of the countervailing duty order on carbazole violet pigment 23 from India for the period January 1, 2007, through December 31, 2007. See Carbazole Violet Pigment 23 from India: Preliminary Results of Countervailing Duty Administrative Review, 75 FR 977 (January 7, 2010) (Preliminary Results). Following the Preliminary Results, we provided interested parties with an opportunity to comment on the Preliminary Results. Our analysis of the comments submitted and information received after the Preliminary Results did not lead to any changes in the net countervailable subsidy rate. Therefore, the final results do not differ from the Preliminary Results. The final net countervailable subsidy rate for Alpanil Industries, Ltd. (Alpanil) is listed below in the section entitled ‘‘Final Results of Review.’’ DATES: Effective Date: June 11, 2010. FOR FURTHER INFORMATION CONTACT: Myrna Lobo, AD/CVD Operations, Office 6, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2371. SUPPLEMENTARY INFORMATION: E:\FR\FM\11JNN1.SGM 11JNN1

Agencies

[Federal Register Volume 75, Number 112 (Friday, June 11, 2010)]
[Notices]
[Pages 33242-33243]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW45


Atlantic Coastal Fisheries Cooperative Management Act Provisions; 
Weakfish Fishery

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

ACTION: Notice of non-compliance findings.

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

SUMMARY: On May 6, 2010, the Atlantic States Marine Fisheries 
Commission (Commission) found the State of North Carolina out of 
compliance with the Commission's Interstate Fishery Management Plan 
(ISFMP) for Weakfish. Subsequently, the Commission referred the matter 
to NMFS in a letter dated May 7, 2010, under delegation of authority 
from the Secretary of Commerce (Secretary), for Federal non-compliance 
review under the provisions of the Atlantic Coastal Fisheries 
Cooperative Management Act (Atlantic Coastal Act). The Atlantic Coastal 
Act mandates that NMFS must review the Commission's non-compliance 
referral and make specific findings within 30 days after receiving the 
referral. On May 25, 2010, the Secretary was notified by the Commission 
that North Carolina had taken corrective action to comply with the 
management measures in the ISFMP, and the Commission now finds North 
Carolina in compliance with the Plan. NMFS concurs with this finding 
and concludes its obligations for this particular non-compliance 
referral.

DATES: Effective May 25, 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 Weakfish Non-Compliance.'' Comments may also be 
sent via fax to (301) 713-0596.

FOR FURTHER INFORMATION CONTACT: Brian Hooker, Fishery Management 
Specialist, NMFS Office of Sustainable Fisheries, (301) 713-2334.

SUPPLEMENTARY INFORMATION: The Weakfish ISFMP includes management 
measures for weakfish, also known as grey sea trout, in state and 
Federal waters. The Commission believes that implementation of these 
regulations is necessary to rebuild depleted weakfish stocks. North 
Carolina is consistently one of the top three states for weakfish 
landings by volume and thus integral to the successful implementation 
of the ISFMP. On May 4, 2010, the Commission's Weakfish Management 
Board found the State of North Carolina out of compliance for not fully 
and effectively implementing and enforcing the Weakfish ISFMP. The 
Commission's Policy Board and Business Session similarly voted North 
Carolina out of compliance on May 6, 2010. The Commission subsequently 
referred its non-compliance finding to NMFS on May 7, 2010.
    Federal response to a Commission non-compliance referral is 
governed by the Atlantic Coastal Act. Under the Atlantic Coastal Act, 
the Secretary must make two findings within 30 days after receiving the 
non-compliance referral. First, the Secretary must determine whether 
the state in question (in this case, North Carolina) has failed to 
carry out its responsibilities under the ISFMP. Second, the Secretary 
must determine whether the measures that the State has failed to 
implement or enforce are necessary for the conservation of the fishery 
in question. If the Secretary makes affirmative findings on both 
criteria, then the Secretary must implement a moratorium on fishing in 
the fishery in question within the waters of the non-complying state. 
Further, the moratorium must become effective within six months of the 
date of the Secretary's non-compliance determination. To the extent 
that the state later implements the ISFMP measures, the Atlantic 
Coastal Act allows the state to petition the Commission that it has 
come back into compliance; if the Commission concurs, the Commission 
will notify the Secretary and, if the Secretary concurs, the moratorium 
will be withdrawn. The Secretary has delegated Atlantic Coastal Act 
authorities to the Assistant Administrator for Fisheries at NMFS.
    NMFS notified the State of North Carolina, the Commission, the 
South Atlantic Fishery Management Council, the Mid-Atlantic Fishery 
Management Council, and the New England Fishery Management Council, in 
separate letters, of its receipt of the Commission's non-compliance 
referral. In the letters, NMFS solicited comments from the Commission 
and Councils. NMFS also informed the State of North Carolina that the 
State is entitled to meet with and present its comments directly to 
NMFS.
    On May 21, 2010, the North Carolina Division of Marine Fisheries 
adopted management measures implementing the Weakfish ISFMP. On May 24, 
2010, NMFS met with the North Carolina Division of Marine Fisheries 
regarding

[[Page 33243]]

implementation of the ISFMP. On May 25, 2010, the Commission notified 
the Secretary that North Carolina had taken corrective action to comply 
with the management measures in the ISFMP, and the Commission now finds 
North Carolina in compliance with the Weakfish ISFMP. NMFS reviewed the 
ISFMP and North Carolina's recently approved weakfish management 
measures and agrees with the Commission that North Carolina's newly 
enacted measures comply with the requirements of the Weakfish ISFMP. 
Therefore, NMFS determines that North Carolina is now carrying out its 
responsibilities under the Commission's Weakfish ISFMP and that the 
state is in compliance. With such a determination, NMFS' statutory 
responsibilities in this matter are discharged, the basis for further 
proceedings no longer exists, and the matter is concluded.

    Authority: 16 U.S.C. 5101 et seq.

    Dated: June 8, 2010
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-14064 Filed 6-8-10; 4:15 pm]
BILLING CODE 3510-22-S