Incidental Taking of Marine Mammals; Taking of Marine Mammals Incidental to the Explosive Removal of Offshore Structures in the Gulf of Mexico, 23570-23571 [2011-10177]
Download as PDF
<![CDATA[
23570
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Notices
and with a bulk density equal to or
greater than 53 pounds per cubic foot.
Specifically excluded from this scope is
solid ammonium nitrate with a bulk
density less than 53 pounds per cubic
foot (commonly referred to as industrial
or explosive grade ammonium nitrate).
The merchandise subject to this order is
classified in the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’) at subheading 3102.30.00.00.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise within the scope is
dispositive.
Termination of Suspended
Investigation and Issuance of AD Order
Article X.C of the Agreement states:
MOT or DOC may terminate this
Agreement at any time upon written notice
to the other party. Termination shall be
effective 60 days after such notice is given.
Upon termination of this Agreement, the
provisions of U.S. antidumping law and
regulations shall apply.
As noted above, the underlying
investigation in this proceeding was
continued pursuant to section 734(g) of
the Act, following the acceptance of the
Agreement. The Department made a
final affirmative AD determination, and
the ITC found material injury. See Final
Determination and ITC Final Injury
Determination. Therefore, in accordance
with section 735(c) of the Act, the
Department will issue an antidumping
duty order and instruct U.S. Customs
and Border Protection (‘‘CBP’’) to
suspend liquidation of entries of subject
merchandise, effective May 2, 2011,
which is 60 days from the date the
Department received the letter from
MED stating its withdrawal from the
Agreement.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Antidumping Duty Order
In accordance with section 736(a)(1)
of the Act, the Department will direct
CBP to assess, beginning on May 2,
2011, an antidumping duty equal to the
weighted-average AD margins listed
below.
We will instruct CBP to require a cash
deposit for each entry equal to the AD
weighted-average margin rates found in
the Department’s July 11, 2000, Final
Determination, as listed below. These
suspension-of-liquidation instructions
will remain in effect until further notice.
The ‘‘Russia-wide’’ rate applies to all
producers and exporters of subject
merchandise not specifically listed. The
final AD ad valorem rates are as follows:
VerDate Mar<15>2010
15:36 Apr 26, 2011
Jkt 223001
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
Manufacturer/exporter
during regular business hours, at the
aforementioned address.
JSC Nevinnomyssky Azot ....
253.98 FOR FURTHER INFORMATION CONTACT:
Russia-wide ..........................
253.98 Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS,
This notice constitutes the AD order
301–713–2289.
with respect to ammonium nitrate from
SUPPLEMENTARY INFORMATION: Section
Russia, pursuant to section 736(a) of the 101(a)(5)(A) of the MMPA (16 U.S.C.
Act. Interested parties may contact the
1361 et seq.) directs the Secretary of
Department’s Central Records Unit,
Commerce (who has delegated the
room 7046 of the main Commerce
authority to NMFS) to allow, upon
building, for copies of an updated list of request, the incidental, but not
AD orders currently in effect. This order intentional, taking of small numbers of
is issued and published in accordance
marine mammals by United States
with section 736(a) of the Act and 19
citizens who engage in a specified
CFR 351.211(b).
activity (other than commercial fishing)
within a specified geographical region,
Dated: April 21, 2011.
if certain findings are made and
Ronald K. Lorentzen,
regulations are issued. Under the
Deputy Assistant Secretary for Import
MMPA, the term ‘‘take’’ means to harass,
Administration.
hunt, capture, or kill or to attempt to
[FR Doc. 2011–10176 Filed 4–26–11; 8:45 am]
harass, hunt, capture, or kill any marine
BILLING CODE 3510–DS–P
mammal.
Authorization for incidental taking, in
the form of annual LOAs, may be
DEPARTMENT OF COMMERCE
granted by NMFS for periods up to five
years if NMFS finds, after notice and
National Oceanic and Atmospheric
opportunity for public comment, that
Administration
the taking will have a negligible impact
RIN 0648–XA356
on the species or stock(s) of marine
mammals, and will not have an
Incidental Taking of Marine Mammals;
unmitigable adverse impact on the
Taking of Marine Mammals Incidental
availability of the species or stock(s) for
to the Explosive Removal of Offshore
subsistence uses (where relevant). In
Structures in the Gulf of Mexico
addition, NMFS must prescribe
AGENCY: National Marine Fisheries
regulations that include permissible
Service (NMFS), National Oceanic and
methods of taking and other means of
Atmospheric Administration (NOAA),
effecting the least practicable adverse
Commerce.
impact on the species and its habitat
ACTION: Notice; issuance of letters of
(i.e., mitigation), and on the availability
authorization.
of the species for subsistence uses,
paying particular attention to rookeries,
SUMMARY: In accordance with the
mating rounds, and areas of similar
Marine Mammal Protection Act
significance. The regulations also must
(MMPA) and implementing regulations, include requirements pertaining to the
notification is hereby given that NMFS
monitoring and reporting of such taking.
has issued six one-year Letters of
Regulations governing the taking of
Authorization (LOA) to take marine
marine mammals incidental to EROS
mammals incidental to the explosive
were published on June 19, 2008 (73 FR
removal of offshore oil and gas
34875), and remain in effect through
structures (EROS) in the Gulf of Mexico. July 19, 2013. For detailed information
DATES: These authorizations are
on this action, please refer to that
effective from May 1, 2011 through
Federal Register notice. The species
April 30, 2012, and June 1, 2011,
that applicants may take in small
through May 31, 2012.
numbers during EROS activities are
ADDRESSES: The application and LOAs
bottlenose dolphins (Tursiops
are available for review by writing to P.
truncatus), Atlantic spotted dolphins
Michael Payne, Chief, Permits,
(Stenella frontalis), pantropical spotted
Conservation, and Education Division,
dolphins (Stenella attenuata), Clymene
Office of Protected Resources, National
dolphins (Stenella clymene), striped
Marine Fisheries Service, 1315 Eastdolphins (Stenella coeruleoalba),
West Highway, Silver Spring, MD
spinner dolphins (Stenella longirostris),
20910–3235 or by telephoning the
rough-toothed dolphins (Steno
contact listed here (see FOR FURTHER
bredanensis), Risso’s dolphins
INFORMATION CONTACT), or online at:
(Grampus griseus), melon-headed
https://www.nmfs.noaa.gov/pr/permits/
whales (Peponocephala electra), short-
PO 00000
Weightedaverage
margin
(percent)
Frm 00035
Fmt 4703
Sfmt 4703
E:\FR\FM\27APN1.SGM
27APN1
23571
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Notices
finned pilot whales (Globicephala
macrorhynchus), and sperm whales
(Physeter macrocephalus). NMFS
received requests for LOAs from Merit
Energy Company (Merit), Northstar
Interests, LLC. (Northstar Interests),
Northstar Offshore Energy Partners,
LLC. (Northstar Offshore), Ridgelake
Energy, Inc. (Ridgelake), Rosetta
Resources Offshore, LLC. (Rosetta), and
Sojitz Energy Venture, Inc. (Sojitz) for
activities covered by the EROS
regulations.
Reporting
NMFS regulations require timely
receipt of reports for activities
conducted under the previously issued
LOA and a determination that the
required mitigation, monitoring, and
reporting were undertaken. NMFS
Galveston Laboratory’s Platform
Removal Observer Program (PROP) has
provided reports for Merit Energy
Company’s (Merit) removal of offshore
structures during 2010. While Merit did
not have a LOA in 2010 to 2011 or
previous years, the energy company
used the explosives company, Demex
International, Inc., which was issued an
LOA for 2010 to 2011, and renewed
their LOA again for 2011 to 2012.
Northstar Interests, Northstar Offshore,
Ridgelake, Rosetta, and Sojitz have not
conducted any EROS operations to date.
NMFS PROP observers reported the
following during Merit’s EROS
operations in 2010 to 2011:
Biological impacts
observed to marine
mammals
Company
Structure
Dates
Marine mammal sightings
(Individuals)
Merit ...................
High Island Area, Block 138, Platform A.
High Island Area, Block 39, Caisson #9.
High Island Area, Block 39, Platform B.
High Island Area, Block 39, Caisson #10.
Vermilion Area, Block 28, Platform
A.
High Island Area, Block 38, Caisson 1.
Matagorda Island Area, Block 682,
Platform A.
High Island Area, Block 39, Platform A.
Matagorda Island Area, Block 672,
Platform A.
Mustang Island Area, Block A22,
Platform A.
Mustang Island Area, Block 785,
Platform A.
Matagorda Island Area, Block 704,
Platform B.
May 23 to 28, 2010 .........
Bottlenose dolphins (150) ..............
None.
May 23 to 24, 2010 .........
Bottlenose dolphins (1) ..................
None.
May 25 to 26, 2010 .........
None ...............................................
None.
May 27 to 30, 2010 .........
Bottlenose dolphins (4) ..................
None.
May 31 to June 4, 2010 ..
Bottlenose dolphins (33) ................
None.
June 5 to 9, 2010 ............
Bottlenose dolphins (103) ..............
None.
June 6 to 14, 2010 ..........
Bottlenose dolphins (16) ................
None.
June 16, 2010 ..................
Bottlenose dolphins (10) ................
None.
June 15 to 20, 2010 ........
Bottlenose dolphins (13) ................
None.
June 21 to 27 and July 3
to 9, 2010.
July 10 to 18, 2010 ..........
Bottlenose dolphins (4) and Spotted dolphins (8).
Unidentified dolphins (15) ..............
None.
July 19 to 25, 2010 ..........
Bottlenose dolphins (3) and Unidentified dolphins (29).
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
Merit ...................
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Merit ...................
Pursuant to these regulations, NMFS
has issued an LOA to Merit, Northstar
Interests, Northstar Offshore, Ridgelake,
Rosetta, and Sojitz. 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 will review
reports to ensure that the applicants are
in compliance with meeting the
requirements contained in the
implementing regulations and LOA,
including monitoring, mitigation, and
reporting requirements.
Dated: April 20, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–10177 Filed 4–26–11; 8:45 am]
BILLING CODE 3510–22–P
VerDate Mar<15>2010
15:36 Apr 26, 2011
Jkt 223001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA395
Marine Mammals and Endangered
Species; File Nos. 15415 and 14622
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits.
AGENCY:
Notice is hereby given that
NMFS has issued two permits to
conduct research on marine mammals
or sea turtles. See SUPPLEMENTARY
INFORMATION for additional information
regarding permittees.
ADDRESSES: The permits and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
SUMMARY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
None.
None.
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)713–0376;
Northeast Region, NMFS, 55 Great
Republic Drive, Gloucester, MA 01930;
phone (978)281–9328; fax (978)281–
9394; and
Southeast Region, NMFS, 263 13th
Avenue South, Saint Petersburg, FL
33701; phone (727)824–5312; fax
(727)824–5309.
FOR FURTHER INFORMATION CONTACT: The
following Amy Hapeman or Kristy
Beard at (301)713–2289.
SUPPLEMENTARY INFORMATION: On
December 10, 2010, notice was
published in the Federal Register (75
FR 76956) that a request for a permit to
conduct research on North Atlantic right
whales (Eubalaena glacialis) had been
submitted by Scott D. Kraus, Ph.D. [File
No. 15415]. On March 4, 2010, notice
was published in the Federal Register
(75 FR 9868) that a request for a permit
to conduct research on green (Chelonia
mydas), hawksbill (Eretmochelys
imbricata), Kemp’s ridley (Lepidochelys
E:\FR\FM\27APN1.SGM
27APN1
]]>Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Notices]
[Pages 23570-23571]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10177]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA356
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 letters of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that NMFS has
issued six one-year Letters 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: These authorizations are effective from May 1, 2011 through
April 30, 2012, and June 1, 2011, through May 31, 2012.
ADDRESSES: The application and LOAs 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: https://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 Jolie Harrison,
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 Secretary of Commerce (who has delegated the
authority to 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 and regulations are issued. Under the MMPA, the term ``take''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture, or kill any marine mammal.
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 notice 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 of 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 of marine mammals incidental to
EROS were published on June 19, 2008 (73 FR 34875), 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-
[[Page 23571]]
finned pilot whales (Globicephala macrorhynchus), and sperm whales
(Physeter macrocephalus). NMFS received requests for LOAs from Merit
Energy Company (Merit), Northstar Interests, LLC. (Northstar
Interests), Northstar Offshore Energy Partners, LLC. (Northstar
Offshore), Ridgelake Energy, Inc. (Ridgelake), Rosetta Resources
Offshore, LLC. (Rosetta), and Sojitz Energy Venture, Inc. (Sojitz) for
activities covered by the EROS regulations.
Reporting
NMFS regulations require timely receipt of reports for activities
conducted under the previously issued LOA and a determination that the
required mitigation, monitoring, and reporting were undertaken. NMFS
Galveston Laboratory's Platform Removal Observer Program (PROP) has
provided reports for Merit Energy Company's (Merit) removal of offshore
structures during 2010. While Merit did not have a LOA in 2010 to 2011
or previous years, the energy company used the explosives company,
Demex International, Inc., which was issued an LOA for 2010 to 2011,
and renewed their LOA again for 2011 to 2012. Northstar Interests,
Northstar Offshore, Ridgelake, Rosetta, and Sojitz have not conducted
any EROS operations to date. NMFS PROP observers reported the following
during Merit's EROS operations in 2010 to 2011:
----------------------------------------------------------------------------------------------------------------
Marine mammal Biological impacts
Company Structure Dates sightings observed to marine
(Individuals) mammals
----------------------------------------------------------------------------------------------------------------
Merit................ High Island Area, May 23 to 28, Bottlenose dolphins None.
Block 138, Platform 2010. (150).
A.
Merit................ High Island Area, May 23 to 24, Bottlenose dolphins None.
Block 39, Caisson 2010. (1).
9.
Merit................ High Island Area, May 25 to 26, None................. None.
Block 39, Platform B. 2010.
Merit................ High Island Area, May 27 to 30, Bottlenose dolphins None.
Block 39, Caisson 2010. (4).
10.
Merit................ Vermilion Area, Block May 31 to June Bottlenose dolphins None.
28, Platform A. 4, 2010. (33).
Merit................ High Island Area, June 5 to 9, Bottlenose dolphins None.
Block 38, Caisson 1. 2010. (103).
Merit................ Matagorda Island June 6 to 14, Bottlenose dolphins None.
Area, Block 682, 2010. (16).
Platform A.
Merit................ High Island Area, June 16, 2010... Bottlenose dolphins None.
Block 39, Platform A. (10).
Merit................ Matagorda Island June 15 to 20, Bottlenose dolphins None.
Area, Block 672, 2010. (13).
Platform A.
Merit................ Mustang Island Area, June 21 to 27 Bottlenose dolphins None.
Block A22, Platform and July 3 to (4) and Spotted
A. 9, 2010. dolphins (8).
Merit................ Mustang Island Area, July 10 to 18, Unidentified dolphins None.
Block 785, Platform 2010. (15).
A.
Merit................ Matagorda Island July 19 to 25, Bottlenose dolphins None.
Area, Block 704, 2010. (3) and Unidentified
Platform B. dolphins (29).
----------------------------------------------------------------------------------------------------------------
Pursuant to these regulations, NMFS has issued an LOA to Merit,
Northstar Interests, Northstar Offshore, Ridgelake, Rosetta, and
Sojitz. 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 will review reports to ensure that the applicants are in
compliance with meeting the requirements contained in the implementing
regulations and LOA, including monitoring, mitigation, and reporting
requirements.
Dated: April 20, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-10177 Filed 4-26-11; 8:45 am]
BILLING CODE 3510-22-P
