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 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 http://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]


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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: 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 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