Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Southwest Fisheries Science Center Fisheries Research, 68512-68513 [2015-28221]
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Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
notified the ITC of the magnitude of the
margins likely to prevail should the
order be revoked.4 On October 30, 2015,
the ITC published its determination,
pursuant to section 751(c) of the Act,
that revocation of the antidumping duty
order on barium chloride from the PRC
would likely lead to a continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time.5
Dated: October 30, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Scope of the Order
RIN 0648–XE268
The merchandise covered by the order
is barium chloride, a chemical
compound having the formulas BaCl2 or
BaCl2–2H2O, currently classifiable
under item number 2827.39.45.00 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).6 Although
the HTSUS item number is provided for
convenience and for U.S. Customs and
Border Protection purposes, the written
description remains dispositive.
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Southwest Fisheries
Science Center Fisheries Research
Continuation of the Order
SUMMARY:
jstallworth on DSK7TPTVN1PROD with NOTICES
As a result of the determinations by
the Department and the ITC that
revocation of the AD order would likely
lead to a continuation or recurrence of
dumping and material injury to an
industry in the United States, pursuant
to section 751(d)(2) of the Act, the
Department hereby orders the
continuation of the AD order on barium
chloride from the PRC. U.S. Customs
and Border Protection will continue to
collect AD cash deposits at the rates in
effect at the time of entry for all imports
of subject merchandise. The effective
date of the continuation of the order
will be the date of publication in the
Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of the order not later than 30
days prior to the fifth anniversary of the
effective date of continuation. This fiveyear (‘‘sunset’’) review and this notice
are in accordance with section 751(c) of
the Act and published pursuant to
section 777(i)(1) of the Act.
4 See Barium Chloride from the People’s Republic
of China: Final Results of Expedited Fourth Sunset
Review of the Antidumping Duty Order, 80 FR
36973 (June 29, 2015) and accompanying Issues and
Decision Memorandum.
5 See Barium Chloride From China:
Determination, 80 FR 66935 (October 30, 2015); see
also Barium Chloride from China (Inv. No. 731–
TA–149 (Fourth Review), USITC Publication 4574
(October 2015)).
6 The scope reflects the HTSUS item number
currently in effect.
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[FR Doc. 2015–28250 Filed 11–4–15; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of issuance of Letters of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA), as amended, and
implementing regulations, notification
is hereby given that Letters of
Authorization (LOA) have been issued
to the NMFS Southwest Fisheries
Science Center (SWFSC) for the take of
marine mammals incidental to fisheries
research conducted in multiple
specified geographical regions.
DATES: Effective from October 30, 2015,
through October 29, 2020.
ADDRESSES: The LOAs and supporting
documentation are available on the
Internet at: www.nmfs.noaa.gov/pr/
permits/incidental/research.htm. In case
of problems accessing these documents,
please call the contact listed above (see
FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization for incidental
takings shall be granted if NMFS finds
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Sfmt 4703
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
Summary of Request
On April 25, 2013, we received an
adequate and complete request from
SWFSC for authorization to take marine
mammals incidental to fisheries
research activities. On February 13,
2015 (80 FR 8166), we published a
notice of proposed rulemaking in the
Federal Register, requesting comments
and information related to the SWFSC
request for thirty days. The final rule
was published in the Federal Register
on September 30, 2015 (80 FR 58982).
For detailed information on this action,
please refer to those documents. The
regulations include mitigation,
monitoring, and reporting requirements
for the incidental take of marine
mammals during fisheries research
activities in three separate specified
geographic regions.
SWFSC conducts fisheries research
using pelagic trawl gear used at various
levels in the water column, pelagic
longlines with multiple hooks, bottomcontact trawls, and other gear. If a
marine mammal interacts with gear
deployed by SWFSC, the outcome could
potentially be Level A harassment,
serious injury (i.e., any injury that will
likely result in mortality), or mortality.
We pooled the estimated number of
incidents of take resulting from gear
interactions and assessed the potential
impacts accordingly. SWFSC also uses
various active acoustic devices in the
conduct of fisheries research, and use of
E:\FR\FM\05NON1.SGM
05NON1
Federal Register / Vol. 80, No. 214 / Thursday, November 5, 2015 / Notices
these devices has the potential to result
in Level B harassment of marine
mammals. Level B harassment of
pinnipeds hauled out on ice may also
occur, in the Antarctic only, as a result
of visual disturbance from vessels
conducting SWFSC research.
The SWFSC conducts fisheries
research surveys in the California
Current Ecosystem (CCE), the Eastern
Tropical Pacific (ETP), and the Antarctic
Marine Living Resources Ecosystem
(AMLR). As required by the MMPA,
SWFSC’s request was considered
separately for each specified
geographical region, and three separate
LOAs have been issued. In the CCE,
SWFSC is authorized to take individuals
of seventeen species by Level A
harassment, serious injury, or mortality
(M/SI + Level A) and of 34 species by
Level B harassment. In the ETP, SWFSC
is authorized to take individuals of
eleven species by M/SI + Level A and
of 31 species by Level B harassment. In
the AMLR, SWFSC is authorized to take
individuals of seventeen species by
Level B harassment. No takes by M/SI
+ Level A are anticipated in the AMLR.
jstallworth on DSK7TPTVN1PROD with NOTICES
Authorization
We have issued LOAs to SWFSC
authorizing the take of marine mammals
incidental to fishery research activities,
as described above. Take of marine
mammals will be minimized through
implementation of the following
mitigation measures: (1) Implementation
of a ‘‘move-on’’ rule in certain
circumstances that is expected to reduce
the potential for physical interaction
with marine mammals; (2) use of a
marine mammal excluder device in
certain trawl nets; and (3) use of
acoustic deterrent devices on certain
trawl nets. Additionally, the rule
includes an adaptive management
component that allows for timely
modification of mitigation or monitoring
measures based on new information,
when appropriate. The SWFSC will
submit reports as required.
Based on these findings and the
information discussed in the preamble
to the final rule, the activities described
under these LOAs will have a negligible
impact on marine mammal stocks and
will not have an unmitigable adverse
impact on the availability of the affected
marine mammal stock for subsistence
uses.
Dated: November 2, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2015–28221 Filed 11–4–15; 8:45 am]
BILLING CODE 3510–22–P
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15:06 Nov 04, 2015
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68513
1917 (fax) or Delisse Ortiz at 240–681–
9037.
National Oceanic and Atmospheric
SUPPLEMENTARY INFORMATION: The
Administration
Atlantic shark fisheries are managed
under the authority of the MagnusonRIN 0648–XE244
Stevens Fishery Conservation and
Atlantic Highly Migratory Species;
Management Act (Magnuson-Stevens
Atlantic Shark Management Measures; Act). The Consolidated HMS Fishery
2016 Research Fishery
Management Plan (FMP) is
implemented by regulations at 50 CFR
AGENCY: National Marine Fisheries
part 635.
Service (NMFS), National Oceanic and
The shark research fishery was
Atmospheric Administration (NOAA),
established, in part, to maintain time
Commerce.
series data for stock assessments and to
ACTION: Notice of intent; request for
meet NMFS’ research objectives. Since
applications.
the shark research fishery was
established in 2008, the research fishery
SUMMARY: NMFS announces its request
has allowed for: The collection of
for applications for the 2016 shark
fishery-dependent data for current and
research fishery from commercial shark
future stock assessments; the operation
fishermen with directed or incidental
of cooperative research to meet NMFS’
shark limited access permits. The shark
research fishery allows for the collection ongoing research objectives; the
of fishery-dependent and biological data collection of updated life-history
for future stock assessments and to meet information used in the sandbar shark
(and other species) stock assessment;
the research objectives of the Agency.
The only commercial vessels authorized the collection of data on habitat
preferences that might help reduce
to land sandbar sharks are those
fishery interactions through bycatch
participating in the shark research
mitigation; evaluation of the utility of
fishery. Shark research fishery
the mid-Atlantic closed area on the
permittees may also land other large
recovery of dusky sharks and collection
coastal sharks (LCS), small coastal
of hook-timer and pop-up satellite
sharks (SCS), and pelagic sharks.
archival tag (PSAT) information to
Commercial shark fishermen who are
determine at-vessel and post-release
interested in participating in the shark
mortality of dusky sharks; and
research fishery need to submit a
collection of sharks to determine the
completed Shark Research Fishery
weight conversion factor from dressed
Permit Application in order to be
weight to whole weight.
considered.
The shark research fishery allows
DATES: Shark Research Fishery
selected commercial fishermen the
Applications must be received no later
opportunity to earn revenue from selling
than 5 p.m., local time, on December 7,
additional sharks, including sandbar
2015.
sharks. Only the commercial shark
ADDRESSES: Please submit completed
fishermen selected to participate in the
applications to the HMS Management
shark research fishery are authorized to
Division at:
land sandbar sharks subject to the
´
• Mail: Attn: Guy DuBeck, HMS
sandbar quota available each year. The
Management Division (F/SF1), NMFS,
base quota is 90.7 metric tons (mt)
1315 East-West Highway, Silver Spring, dressed weight (dw), although this
MD 20910.
number may be reduced in the event of
• Fax: (301) 713–1917.
overharvests, if any. The selected shark
• Email: NMFS.Research.Fishery@
research fishery permittees will also be
noaa.gov.
allowed to land other LCS, SCS, and
For copies of the Shark Research
pelagic sharks per any restrictions
Fishery Permit Application, please write established on their shark research
to the HMS Management Division at the fishery permit. Generally, the shark
address listed above, call (301) 427–
research fishery permits are valid only
8503 (phone), or fax a request to (301)
for the calendar year for which they are
713–1917. Copies of the Shark Research issued.
Fishery Application are also available at
The specific 2016 trip limits and
the HMS Web site at https://
number of trips per month will depend
www.nmfs.noaa.gov/sfa/hms/index.htm. on the availability of funding, number of
Additionally, please be advised that
selected vessels, the availability of
your application may be released under observers, the available quota, and the
the Freedom of Information Act.
objectives of the research fishery and
will be included in the permit terms at
FOR FURTHER INFORMATION CONTACT:
´
Karyl Brewster-Geisz or Guy DuBeck, at time of issuance. The number of
participants in the research fishery
(301) 427–8503 (phone) or (301) 713–
DEPARTMENT OF COMMERCE
PO 00000
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]]>Agencies
[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68512-68513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28221]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE268
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Southwest Fisheries Science Center Fisheries Research
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of Letters of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, notification is hereby given
that Letters of Authorization (LOA) have been issued to the NMFS
Southwest Fisheries Science Center (SWFSC) for the take of marine
mammals incidental to fisheries research conducted in multiple
specified geographical regions.
DATES: Effective from October 30, 2015, through October 29, 2020.
ADDRESSES: The LOAs and supporting documentation are available on the
Internet at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In
case of problems accessing these documents, please call the contact
listed above (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Summary of Request
On April 25, 2013, we received an adequate and complete request
from SWFSC for authorization to take marine mammals incidental to
fisheries research activities. On February 13, 2015 (80 FR 8166), we
published a notice of proposed rulemaking in the Federal Register,
requesting comments and information related to the SWFSC request for
thirty days. The final rule was published in the Federal Register on
September 30, 2015 (80 FR 58982). For detailed information on this
action, please refer to those documents. The regulations include
mitigation, monitoring, and reporting requirements for the incidental
take of marine mammals during fisheries research activities in three
separate specified geographic regions.
SWFSC conducts fisheries research using pelagic trawl gear used at
various levels in the water column, pelagic longlines with multiple
hooks, bottom-contact trawls, and other gear. If a marine mammal
interacts with gear deployed by SWFSC, the outcome could potentially be
Level A harassment, serious injury (i.e., any injury that will likely
result in mortality), or mortality. We pooled the estimated number of
incidents of take resulting from gear interactions and assessed the
potential impacts accordingly. SWFSC also uses various active acoustic
devices in the conduct of fisheries research, and use of
[[Page 68513]]
these devices has the potential to result in Level B harassment of
marine mammals. Level B harassment of pinnipeds hauled out on ice may
also occur, in the Antarctic only, as a result of visual disturbance
from vessels conducting SWFSC research.
The SWFSC conducts fisheries research surveys in the California
Current Ecosystem (CCE), the Eastern Tropical Pacific (ETP), and the
Antarctic Marine Living Resources Ecosystem (AMLR). As required by the
MMPA, SWFSC's request was considered separately for each specified
geographical region, and three separate LOAs have been issued. In the
CCE, SWFSC is authorized to take individuals of seventeen species by
Level A harassment, serious injury, or mortality (M/SI + Level A) and
of 34 species by Level B harassment. In the ETP, SWFSC is authorized to
take individuals of eleven species by M/SI + Level A and of 31 species
by Level B harassment. In the AMLR, SWFSC is authorized to take
individuals of seventeen species by Level B harassment. No takes by M/
SI + Level A are anticipated in the AMLR.
Authorization
We have issued LOAs to SWFSC authorizing the take of marine mammals
incidental to fishery research activities, as described above. Take of
marine mammals will be minimized through implementation of the
following mitigation measures: (1) Implementation of a ``move-on'' rule
in certain circumstances that is expected to reduce the potential for
physical interaction with marine mammals; (2) use of a marine mammal
excluder device in certain trawl nets; and (3) use of acoustic
deterrent devices on certain trawl nets. Additionally, the rule
includes an adaptive management component that allows for timely
modification of mitigation or monitoring measures based on new
information, when appropriate. The SWFSC will submit reports as
required.
Based on these findings and the information discussed in the
preamble to the final rule, the activities described under these LOAs
will have a negligible impact on marine mammal stocks and will not have
an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses.
Dated: November 2, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2015-28221 Filed 11-4-15; 8:45 am]
BILLING CODE 3510-22-P
